HomeMy WebLinkAbout03-0321IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing CIVIL DIVISION
agent for BankAmerica Housing
Services, a division of Bank of
America FSB, No:
Plaintiff,
Complaint in Civil Action - Replevin
Loree J. Bigler and James R. Shields,
Defendants.
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
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 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,
Loree J. Bigler and James R.
Shields,
Defendants.
CIVIL DIVISION
No.
Complaint in Replevin
NOTICE
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 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
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. )
)
Loree J. Bigler and James R. Shields, )
)
Defendants. )
)
)
CIVIL DIVISION
No.
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 OFA LIEN AGAINST
PROPERTY.
COMPLAINT
COUNT I - REPLEVIN
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 its principal place of business located at 400 Southpointe
Boulevard, Southpointe Plaza I, Suite 230, Canonsburg, Pennsylvania15317.
2. Loree J. Bigler and James R. Shields, hereinafter referred to as
"Defendants," are individuals whose last known address is 105 Hershey Road,
Shippensburg, Pennsylvania17257.
3. On or about February 27, 1998, Defendants purchased a 1990 DeRose
Manufactured Home, Serial Number D1231020, (the "Mobile Home"), from Royal Finance
of Pennsylvania, (the "Seller"), and entered into a written Manufactured Home Retail
Installment Contract and Security Agreement, (the "Security Agreement") for the payment
of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A."
4. Seller assigned its interest in the Security Agreement to Plaintiff,
BankAmerica Housing Services, a division of Bank of America FSB. BankAmerica
Housing Services, a division of Bank of America FSB 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." 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
$16,000.00 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 January 14, 2003, the Defendants' payments of
interest and principal were in arrears in the amount of $1,506.40. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of January 14,
2003, is $16,873.97.
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
Plaintiff's 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 Ag reement 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, 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 against Defendants to recover the Mobile Home, plus detention
damages, special damages consisting of interalia, 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, as
servicing agent for BankAmerica Housing Services, a division of Bank of America FSB,
alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, GreenPoint Credit LLC, as servicing agent for BankAmerica
Housing Services, a division of Bank of America FSB, requests:
a) judgment against Defendants in the amount of $16,873.97 with interest and late
charges plus detention damages, special damages consisting of intera/ia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
PA ID Number: 52748
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
VERIFICATION
Brenee Taylor is a 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 her knowledge, information and belief.
JUN-O?-20~}l i1:12 GREENPOINT CREDIT 61 412 8?3 $82? ~.~4/1~
MH FIXED RATE. ~ufl
R~AIL INSTALLMENT CONTRACT, SECURI~ '~ ~
W~R' OF TRIAL BY JURY AND AGREEM~N7 TOH~D:,~lomc~u~e~;v~n~..
ARBI~AT~ON OR R~F~ENC~ OR T~l~ BY JUDGE ~,,ON~
0218
(Contm~t) ,~
~[m,~'"';"J ACCT. NO.~
B~ N~: COUNt:: C~R~D
PHONE: (7;7) ~23-002~S~.~): i84-58-7551 183-68-338~
PAO~SED ~CATION OFMANUFAC~REO WOME; 105 HER$KEY RD, 5KIPPENSBURG, PA 17257
'1,' 'me,' "myse~ or "my' mean all pemons who sJgn this Con~act as buyer or co-buyer, Dlnt~ and severally, and 'you' or
'your' mean the Seller and any assignee. ~is Oont~ will ~ subm~ ~o ~h~ C~dEor indicated below, at a local office and,
app~ved, ~will be ~sign~ ~ ~hat grgdJtor. On the da[s of this Contact, J buy f~m you cna cr~ sale ~sJs the manufa~ur~
home ~eecri~ on page 2, tog~her wRh furnishings, ~uJpment, appJian~s and ac~ssories Jnclud~ i~ the man~a~ur~
home at the ~me of pumhaee (~11~ "Man~a~umd Home").
CREDITOR:B.~N~:~RICA HOUSING SERVICES, A DIVISION OF BkNK OF ~RICA, FSB
PROMISE TO PAY: [ promise to pay you at such address as you m~y direct the Unpaid Balance shown on page 2 of this
Contract (Item 5) w~th interest at ~he r~te of:
12.00 %per
year until the debt is fully paid. I will p~y this amount in tnst=llments ~s shown in the payment schedule until the Unpaid Balance
is fully paid. If, on 0_~,/01/13 , I still owe any amount uncer this Contact, I will pay such amount in full on that date, which
is called the "Matur~ Date_' Each monthly payment will be applied as of ~ts scheduled due date_ If no interest rate is disclosed
above, the Interest rate is the Annual Percentage Rate shown below.
ANNUAL
PERCENTAGE
RATE
The cut of my tacit a3
a ye~.tty re.m:
1~. 00 %
FINANCE CHARGE
The dollar ,~moun{ Re
credit will c~ me:
$ 20,806.00
Amount Financed
The amounIof credit
provi~e~ ~ rr~ or on
my beh~Jt
Total of Paymsnts
The amount I will have
paid g~r I have m~e all
p~3yments as scheduled:
Total Sale Price
The to~.l cost of my
including my dawn
pay?'nen~ of
$ 1,997 ,50 ;
,,~e Conma=t mrrns for acidib3nal
R~n~ Ch~go ~ any
~cu~; I gbe you ~ ~ur~ in~ms~ in ~ g~S or pm~o~ being pur~.
~mC~e: Ita~entmmore~ 15 daysla~,l~llbech~ 2
s 5.00
225.20 ~ ~,m 98
MenuW,Degjnning APRIL O1
MonlJW, ~eginning 19 ~_
Mon~ly, beginning ., 1~
EXHIBIT "A"
Security Agreement
JUN-8?-2~O1 ll:lJ
GREENPOINT CREDIT
022698
I:~Hption of 'mADE NAME; DEROS E MODEL; ' DERosE
Manufactured
Home:
~Ei~IAL
· -~ NUMBSR$; D! 231 C Z 0
LENGTH; . 72 ft WIDTH: 14 ft.
ADDITIONAL
FURNISHINGS;
1. Cash Pnc~ (thciuCling Sales
Taxof $ .CO}: .... $ 19,900.00
2. a. Cash Down Payment $ 1,997,50
b, Trade.in (Year, Make, Model'):
Length Width
Gross Value $ , O O I Jena $ .00
Net Trade. In Value $
To~al Down Payment
3. Unpaid Balance of Cash Price (1 minus 2)
4. Amounts paid t~ others on my behalf:"
a. To Insurance Companies:
(1) Property Insurance
(2) Credi~ Life insurance
b. To Public O/ficiais:
(1 } CeCdfica[e of r~le $
(2) FILING FEES
c. To Creditor:
For:
d. To:
To:
(Seller ~ I:~y o~
.00
1,997 .50
17,90~.50
$
f. To:
g. To:
.CC
,0O
22
5,00
,00
.00
,00
$
$
Total (a * b + c-~ d +e + f* g + h) .....
5. Unpaid Balance (3 plus
27.5C
17,930.00
5. Prepaid Finance Charge $ .0 O
7. Amount Financed (5 minus 6) $ 17,930.00
I understand and agree that a port[on of certain of these amounts
may be retained by you or your aflillate.
PROPERTY INSURANCE: Property Insurance on the
ManuN.~ured Home is required for the term of this
Contract I have the dght to choose the person through
whom i~ is obtained. By marking the appropriate line
below, I olect to buy the coverage indicated from you
for the term and premium shown, and I w~nt it financed
on this Contract.
Type of Insurance
Term Premium
OHOS $ . O0
OM. OS $ .00
$
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS iS NOT iNCLUDED UNLESS INDICATED IN
THE PROI~ERTY INSURANCE SECT]ON ABOVE.
CREDIT LIFE INSURANCE: Credit Life Insurance is
not r~quired for this Contract or a factor in its approval_
If I cbct Credit Life Insurance, the name(s) of the
proposed insured(s) are:
Propo.~ed Insured
Proposed Insured
(Only ~pouse c.-an be insured jointly.)
This insurance may not I:~Y off all of my Cel3t, and the
exact ~mount o/ coverage Is shown on my policy or
¢~r~iea~e. My signature indicates my election to obtain
Credi~ LiCe Insurance coverage for the term and
premf,~rn shown:
Typo o~' Coverage Term Premium
__ Single
Joint
Date
(signa.~re)
Date
~Jn~ ~verage is desired, boll~ proposed insureds must sign,)
ORIGINAL COPY
GREENPOINT CREDIT
ADDITIONAL TERMS AND
412 8?3 5827 ~.08/i2
SECURITY iNTEREST: I grant you a securit~ interest under the Uniform Col"~'~r~-~rciai Co~e in (1) the Manufactured Home and in
all goods that Are or may hereafter by operation o1' taw become accessions t' i~:, (2) ;ill ;[ppti~,nces, machinery, equipment And
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) in¢lu:iing but not limited to the items
listed~s "Addition;ii Accessories and Furnishings" on pegs 1 of this Contrac'[, (3) Any refunds of unearned insurance premiur~s
financed in this Contract, (4) Any substitutions er replacements of the foregoing, and (5) all proceeds of such Manufactured
Hom~ and accessions, And of any Additional Accessories and Furnlsl~ing$. This security interest secures payment and
performance of my obli§ations under this Contract, includin[~ a~y addition~J ~l~b~ arising because of my failure to perform my
obligations under this Contract and Includes any contractual extensions, rene,,'..~]~ er modifications. My execution of this Contract
constitutes a waiver of my personal property ~nd home,teed exemption righ~ ~o the personal property herein described. I will
sign And deliver to you whatever financing statements and other documen~ you deem necessary to allow you to perfect your
security interest in any personal property a~ f'~ures. I Agree that you may file ~his security instrument or a reproduction thereof
in the real estate records or other ;[ppropriate index as a financing statement for any' of the items specified above. Any
reproduction of this security instrument or Any other security agreement or financing statement, And any extensions, renewals, or
Amendments thereof, shzll be sufficient to perfect A security i~erest with respect to such items.
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART f~T ANY TIME WITHOUT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHAFIG~, tF ANY. IF I MAKE A PARTIAL PREPAYMENT,
THERE WIL~, OE NO CHANGE IN THE DUE DATES OR AMOUNT~ OF iVPi~ iI/IONTHLY PAYMENTS, UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide physical damage insuranc~ coverage protecting the Manufactured Nome for
the term of this Contract Ageins~ loss by lira, h~zards included within tho t~rm 'extended coverage" ;[nd Any other hazards,
including flood, for which you r~quire insurance, in An ~moun~ ~qu~l to the lesser of the actUAl cash value of the
M~nufactured Nome er the remaining unpaid hal;inca I owe from time to time under this Contract (the "Minimum Coverage').
The insurance policy will contain a loss payable clause protectin~ you (as your interest may Appear). And provide for a
10-day notice of cancellation to you. Unless you consent in writing;, I shall not ;[dd any Additional loss payee to the insurance
policy. I have the dght to choose the person through Where the pro?Ry insurance policy is obtained_ If my insurance
coverage expires or is cAncellecl prier to psymen~ in fuji of this Cont.r~tc~, I ~,~u3t obtain no less than the Minimum Coverage at
my expense let the remainin§ term of this Contract. Should I fzil to rn~inf:ain the Minimum Coverage, you may, but ;[re not
obligated to, obtain insurance coverage. I agree that. Any insursn~ ~/~,.~ 9urchase may be for the protection of only your
interest in ~he Manuf;[ctured Home, may not fulh~ protect me in the even~ o~" ~ [ess, and may be for such reasonable period As
you determine. If you decide, in your sole discretion, to ebt.~[n insurance, you will notify me of th;it fact And th;it the cost, plus
interest at the Contract rate, will be added to my debt- I Will repay such amount dur~n~ the term of the policy in the manner
requested by you I understand that the insurance premiums may bs hkjher if you must purchase the insurance than might be
the case if I had purchased the insurance; And th;it you may purch~s~ th~ insurance from an Affiliated company which may
receive A profit for this service.
Assignmen~ And Application of Insurance Proceeds. 1 hereby 9ram and assign to you the proceeds of any anti all
insurance coverage on the Manufactured Home, including Any optio~'~,l coverage, such as e;[rthquake insurance, which in
type er Amount is beyond the Minimum Coveracje. In the event cf ~ loss to ~.h~ M;[npfactured Nome, I shall give prompt notice
to you And the insurance carrier. If I fall to promptly notify or make proof ~,i~ 10~s to the insurance carrier, you may do so on my
I)ehalt All physical d~mage insurance proceeds, includin~ proceed~ frorn optional coverage, shall be applied to restoration or
repair of t. he Manufacturecl Home, unless you and I agree otherwise in wrifin§ or unless such restoration or repair Is net
economicaJJy practical or legible, or your securi~'y' interest would be I~=,~n~d, if such restoration or rep;[ir is not practical or
feasible, or your security interest would be lessened, you sh~]l apply the h~surance proceeds to the remaining unpaid balance
of this Contract, whether or not then due, And give me any excess. I ~.uthorize any insurer to I:~Y you ~irectly. I hereby
appoint you As my limited attorney-in-fact to sign my n~me to any chock, draft, or other document necessary to obtain such
insurance payments.
LATE CHARGE: I ~grae to p~y a lets cha~e for late payment as ~et forth r~n th~ front of this Contract. Only one late charge will
be made on ~ny delinquent installment regardles~ of the period for which th~ Installment remains in default. After this Conb-act
matures, whether by Acceleration or otherwise, I will not be ch;[n~ ~ late charge.
RETURNED CHECK CHARGES: I will pay you the actuaJ charge et ~.ho dishonoring institution (or such higher amount
a~ aJiow~d by law) if any check ~[ven to you is not honored because ~f inecr~;ici~nt funds or bee. ause no such account exists.
JUN-O?-2001 11:15 GREENPOINT CREDIT 61 412 8?3 582? P.07/12
make renal ~y~en~, ~r to ~y ~her charges and a~es~me~, relatin9 to th~ re~l pmpe~ an~/or mC,~ on wmcn
Men~ur~ Hcme b I~ted; (c) I violate r~td~e ~ven~, rules or mgul~tions ml~ting to the ~1 prope~ and/or facil~
where ~e Manuf~ured Home i= Io~t~; (d) I fail to k~p the ~sn~a~ured Home in good repair end ~nd~ion, as you
msson~b~ dateline; (e) I remove the Man~amu~ Home from ~e addr~= shown on this Cont~ unless I not~ you
adven~ and m~e your w~en ~nsent; (~ t se~l or sffempt ~ sell or ~o ~r~ns~r ~y beneficial interest Jn the Man~aotur~
Ho~w~hom fi~ o~ining your w~en ~nsent; (g) I atlow ~e Man~c~ur~d Home to b~me pad'0f any mai ~te w~hout
fist mb~Jning your wr~en ~nsent; (h) I encum~r or s~ndon the ~anu~cb~r~ Home or use ~ for hire or illegally; (0 I f~ii
pmm~ ~y any ~es ~n~ other liens and encumD~n~ ~n ~e Man~,~r~ Home or on the real pm~ on which
I~ated, ~ thi~ b my r~nsibil~; ~nd/or ~ I fail to do an~hin~ else which I hms ~mis~ to do under ~is Contra~.
NOTICE OF DEFAULT: If any et the above specified Events of De~aur~ haw~ occurred, you may do whatever is necessary tc
correct my default. You will, excep~ as set forth below, first ~[ve me ~ No~b~ o? [Default and Right to Cure Default before you
accelerate payment of the remainJncj unpaid balance I owe you or ~epos~¢.~ or foreclose on any property which secures this
Contract. 'The Notice will toil me what my default is and how l can cur~ ~. F~cept as required by applicable law, you are not
r~uired to senc~ me this Not[ce when (1) you have already sent a Notice twic~ within the preceding one-year period, (2) [ have
abandoned or voluntarily surrendered the ManufaCtured Home, or (3) other ~r~me circumstances exist.
CURE OF DEFAULT: I may cure a default at ~ny Use before ~e to the M~m~actured Home is transferred from me, which will
be at least ~,5 days after r~ceipt of the Notfce of Default and Right to Cure D-~;~uit. To cure a default, I must pay: (a) all amounts
which would have been due In the absence of default ~nd acceleration; (b) U~ attorney fees set forth below; (c) any late cha~es
that ~re due; and (d) reasonable costs which are actually incurred for de, aching and transporting the Manufactured Home to the
site of sale. I must also perform any other obligation I would have had to per;o, rl~ in the absence of default.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do ~h~r or both et the bllowing at the end of the notice
period, as allowed by applicable law: (a) you can require me to immedia'bly }>ay you the entire remaining unpaid balance due
under this Contract plus accrued interest or (b) you can repossess the Man,~factured Home pursuant to the security interest I
give you under this Contract. If you ~re not required to send me the Notice o~ Default and Right to Cure Default, you will have
these rights irnmediateh/upon my defautt. Once you get possession of the M~nufectured Home you will sell it. If the amount from
the ~ale, after .~xpenses, is less than what I owe you, t will pay you the difference except as otherwise provided by law. Ail
remedies are cumulath, e and you may enforce them sep~rateh/or together in Any order you deem necessary to protect your
s~uri~.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
e. Dispute F~e~olution. Any controversy or claim between or ~mong you ~nd me or our assignees arising out of or relating to
this Contract or Any agreements or instruments relating to or clelivered in connection with this Contract, including any claim
based on or arising from an alleged tort, shall, ff requested by either yo{~ or me, be determinecl by arbitration, reference, or
tflal by ~ judge as provided below. A controversy involving on~y a single cb. im~nt, or claimants who are related or asse~n9
claims arising from s mingle transaction, shall be determined by ~rbitration .~s describ~ below. Any other controversy shall b~
determined by judicial reference of the c~ntrovemy to a referee appoimod by the court Ct. ~f the court where the controversy
is venued lacks the power to 8ppoint a referee, by trial by ~ judge wi~ho~ a jury, as described below. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT 70 TP, h;~L BY JURY, AND THERE SHALL BE NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY AR-~iTRATION, BY JUDICIAL REFERENCE, OR BY
TRIAL BY A JUDGE.
b. AH~itration. ~ince this Contract touches and concerns intestate come,me, sn arbitration under this Contract shall b~
conducted in accordance with the l,Jn~ted States Arbitration Act ('Title g, Ullr~ed States Code), notwithstanding any choice of
law provision in this Contract The Commercial Rules of the American A~itratton Aas~lation ("AAA") also shall apply.
arbitrator(s) shall 1ollow the law and sh~ll give effeCt to st~tu~es e? li~'~ation in determining any claim. Any centrovers~
concerning whether an issue is arbitrable shall be d~termin~d by tho a. rl~rator(s). 'The award of the arbitrator(s) shall be ir
writing and incbde a ~t~tement of reasons for the ~ward. The award ~h~l! bo final Judgment upon the awar~ may be enterec
in any court having juried[c~ion, ~nd no challenge to errcy of judg~n~ upon the award ~h~ll be entertained except
provided by Section 10 of the United States Arbitration ACt or upon a ~ind[n§ o~ manh'est injustice.
c. Ju~[clal Reference or Trial by a Judge, If requested by e~er you or ,~, any controversy or claim under subparagraph
that is not subm~ed to arbitration as provided in subparagraph (b) sh~il b~ determined by reference to a referee ap[cointec
by the cour~ who. s~dng ~lone and without jury, shall de~ide all que~o-r~c, of ]zw and fact You and I shall designate to
court a referee selected under the auspices of the AAA in the s~m~ ~a~ner as arbitrators are selected in AAA. sponsorec
proceedings. The referee shzll be sn active aff~rney or re, red ?dOe. I? 'U~ court where the controversy Is venued lacks th~
power to ~ppoint a referee, the con~'oversy instead shall be c~ec[ded by ~H~J by a judge without a jury.
JUN-E~?-2881 11:16 GREENPOINT CREDIT 61 412 873 5827 P.88/12
m~y have to exercise se~-heJp remedies such ~ set-off or m~session, t~ foreclose by ~wer ¢ s~le or juMi¢i~ly ~i~st Or
sell any collateral or s~ur~, or to chain any pmvision~i or ~ncilla~ remedies from a ~uA Of competent jufisdi~ion
~er or curing the penden~ of ~ny a~tlon under sub~r~ph (b) a. Dove. Ne~her the chaining nor the exemise of any
such remedy shall se~e ~s A waiver of the right of e~her you or me ~e demand that the mt~t~ or any other dispute
controvemy ~ ~ete~in~ ~y ~rb~tion ~s p~vl~ ~ve.
A~NEY ~ES: If l p~v~il in ~ny legal a~i~n or arb~n pr~din~ which ie ~mmen~ tn ~nn~i~ wffh the
enfo~ment of this Cont~ or any ins~me~ o~ agr~ment r~uimd u~d¢;' ~is Cont~, or in ce~lo~ w~h ~ny ~isp~e
ml~tlng to this Cont~, you will ~y ~ re~on~ble a~rney fees, court co~ and n~e~sa~ disbumemen~ incurred in
conn~on w~h such a~ion or p~ing, es dete~in~ by Be ~u~, thc r3fe~, or the a~mto~) in s~rdan~ w~h the
law. If y~u prevail in any such a~ion or p~e~ing, or in the ~e~ise ¢ ~ny ;e~-help remedy as des~d~d a~ve, I Will p~y
cou~ ~s~ ~nd ~ecess~ disbumemen~ to the full e~ent pe~ed by law, (egether w~h r~onable f~s imp~ on you by
~n a~orney who is not your salarf~ employs, provided that pdor to common,cement of legal ~ion such f~s may not exc~
~0.~ and luther provio~ that ne ~orney fees may be cheGed pdor to my receipt of the Noti~ of D¢~u~ end Right to Cure
OTHER TERtV1$ AND CONDITIONS; I agree; (a) to pay with my monthly installments, if requected by you to do so, the
estimated amount necessary to p~y yearly taxes, assessments and Insurance premiums that will 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 r~te 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 tho Contract rate; the amount cf funds you actually
advance on my behalf to correct my default; and (e) that if I am married, and ~3iding in a community property state, both my
community property and separate property will be liable for ail payments due ~i~der this Contract.
ASSIGNMENT: You may assign this Contract to any person or entity. All ri~aht~ granted to you under this Contract shall apply to
any assignee of this Contract.
CREDIT INFORMATION; You may investigate my credit history and cred)t c~pac~ in connection with opening and collecting
my account and share information about me and my account with ¢re'Ji[ reporting agencies. You may sell or otherwise furnish
information about me, including insurance information, to all others who n~ay ]~w¢ully receive such information. You may furnish
specific inforfnatien about the Mznufectured Home and any insurance policies on the M~nufactured Home to any insurance
agent to enable such agent to quote premiums to me and solicit my insuranc~ business.
WAIVER: Waiver of any default shall not constit~e s waiver of any other ds¢auit_ No term of this Contract shall be changed
unless in writing and signed by one of your officers. This Contract is the entire ~-greement between us and I agree that no oral or
implied representations have been made to induce me to enter-into this Contract.
VALIDI'T'Y; Wherever possible esch provision of this Cgntr~ct ah&Il be Inteq~r~ed in such manher ~s to be effective and valid
under applicable Jaw, but if any provision of this Contract shaft be prohibited by or invalid under applicable law, such provision
shall be ineffective only to the extent of such prohibition or inv~idity, without invalidating the remainder of such provision or the
remaining provisions of this Contract. This Contract shall be cf no effect until ~.nd unless signed by me and you. In no event shall
any charge uncler this Contract exceed the highest amount allowed by ~r~piic¢&ble law. If any excess charge is mgeived, such
excess shall be refunded or app]ied to the amount due.
GOVERNING LAW: Each provision of this Contract shall be construed in accordance with and governed by the laws of the state
of Pennsylvania, provided that to the extent you have greater rights or ren~edies under Federal law, such choice of state law
shall not be deeme~ to deprive you of such greater rights and remedies under F~deral law.
JUN-8?-2081 11:1S GREEN'POINT CREDIT 61 ,412 S73 582? P.09/12
RF.~OLVING DISPUTES BY ARBR'~IAII~Pi, I~=r~,,~C.m~,r', vm ~m~. ~, ,- .... ~.~., ........................
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEf~IEHT AND THAT NO OTHER PROMISES HAVE
BEff=~I MADE.
'-'~" ct '~e Assignmen! below,
ROYAL F!NA~NCE OF PENNYSLVANIA
SELLER'S
ADUREB~: 47 1% ORCHA.~D ST.
If you do ~"mt ~eet your Contract obligations, you
may lose y¢ur ~anufactured home,
Notice to B~ycr: De not sign this Contra~ In blank.
You are e~de~ to an exa~ ~py of the Contract
you algn. ~(r;r ?~.~ It to protect your legal rights.
B~ER~) ~IGNA~JRE~): ~
~5 R. SHIELD5
DATE OF THIS CQHTRACT:
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THI~ CONTRACT.
ASSIGNMENT ~Y SELLE!~,
TO CREDITOR INDICATED ON PAGE 1 ¢Creditcr")
With respect to this retail installment contract ('Contract') signed by o,~ or more buyers ('Buyer"), SELLER represents
and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2} Buyer
was legally competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide
s~le of the merchandise described in this Contract; (4) the down p~yment wes ~ade by Buyer in Cash unless otherwise specified
~nd no por~ thereof was loaned directly or indirectly by Seller to Buyer", (53 any trade-in, or other consideration, received as any
part of the down payment is accurai:ely described on page 2 an~ h~s been v~lued at its bon~ fide value, and any amount owed
on such trade-in or other property is accurately described on page 2 ~nd has been paid off by Seller prior to or
contemporaneously with the assignment of this Contract to creditor, (6) there is now owing on this Contra~ the amount set forth
herein; (7) this Contract and any guaranty submitl:ed in connection herewith is in all respects [e~ja[ly enforceable ~.gainst e~ch
purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the event
of any claim or defense asserted by any Buyer, or any heirs or &sGJgn$ o¢ ~uyer, with respect to the Manufactured Home or
other property or consideration transferred pursuant to this ret&il Installment contract, Seller agrees that it wilt indemnify and hold
Creditor harmless from ail such claims and defenses as well as from ~il ¢~.~s reasonably incurred by Creditor in connection
therewith, including but not limited to reasonable attorney fe4~s anti cour~ costs; and (10} in accordance with the Fair Credit
Reporting Act, Seller has notified Buyer that this Contract is to be submitted ~o Creditor.
For value received, Seller hereby assigns to Creditor ~11 its rights, title and interest in this Contract and the prope~
which is the subject matter hereof and authorizes Creditor to do everything n~¢essary to ~ollect and discharge same. All the
terms of any existing written agreements between Seller and Credif~r governing the purchase of Contracts are made a part
hereof by reference, it being understood that Creditor relies upon the above warTanties and upon said agreements in purohasin~
this Contract.
ORIGINAL COPY
JUN-g?-2ggl 11:11 GREENPOINT CREDIT
EXHIBIT "B"
Certificate of Title
3UN-87-2~81 11:18
GREENPOINT CREDIT
Canonsbuyg, p.a. 15317
Tel. (724) 8~5825
F~ (724) 873.5826
LORE~ ~.
JAM£S R. SMIELD$
105 ME~SHEY RD
eNIPPE~$BU~G PA 1Tg57
Credit
E£: Nanufactur~d Nome Loan - Account #000007530774600001
You ~re now in default on your Nanufactur~ Nome Loan contract. If you correct the ~ef~ult, you may
continue with the Contract ~ though you did n~t defau(t. Tour default consist~ of failure to make timely
paints o¢ one or more installments as agre~ to (n the terms o~ the contract.
ThirtT-O~e (31) days a~ter the date o~ thf~ notice, we ~y have the r~ght ~o co~ence legal action
Cure of default; Your may cure your default by making ~yment in the amount ir~Jlcated below:
Past Due Monthly Payment(s) $ 4)0.40
Late Chorea(s) $ 12.10
Total Due Now
$ ~.42,50
Creditor's rights: Any partial payment of the arr~unt due which is received by us will be apply'ed to your
account. You wilt need to pay the full amount by the date ir4icated above (n order to cure your default,
you do not correct your default within )! days due from the post, fled date of this notice, we may
exercise our rights against you ~der the lan by acco!afar(no your debt and either repossessing your
manufactured home Or, {f nec~ssary~ brtng[n~ a court action lo obta{n pos3ess~on of your ~nqfactur~
h~e.
If we elect to exercise Our rights against you by re~aaesaion of the manufactured home you may, at any
time before We sell or otherwise d~spose of the manufacturd home or enter into a contract for its sale or
other disbosi~ion, (which shall be at least 45 days after postmark o~ this notice)~ redeem the manufactured
home by paying us all amounts due plus expenses reasonably incurred by us in detaching and transporting
the manufactured home t~ the site of the sale and our reasonable attarnoy'~ fees, to the extent permitted by
law, plus Court costs.
If you have any questiona, write to us at the address a~ve or call mo ~t the phone mc~ber listed above
between the hours off 8:00 a.m. and ~:00 p.m., Me~day through Friday.
If this default was caused by your fa{lure to mQke a pay~nt or payments, and you Wan~ to p~y
p~ease Se~ a check or ~ney order. O~ not se~ cash.
CC: File
If any additional regular Pa~ent becomes due during t~fa cure' period, th{s payment must also be pa(d (n
order to avoid any further default. This correspondence ia an attempt to collect a debt and any
information obtafnea"'~lF~b--~ used for tha~ ~rpose,
EXHIBIT "C"
Notice of Default
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-00221 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
BIGLER LOREE J ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
BIGLER LOREE J the
DEFENDANT
, at 1234:00 HOURS, on the 3rd day of February , 2003
at 115 BOOZ ROAD
SHIPPENSBURG, PA 17257
by handing to
BRENDA BIGLER, MOTHER
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 18.00
Service 12.42
Affidavit .00
Surcharge 10.00
.00
40.42
Sworn and Subscribed to before
me this y~--- day of
I~ ~m3 A.D.
/ ; Prothonotary! '
So Answers:
R. Thomas Kline
02/0A/2003
ERIN DYER
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00321 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
BIGLER LOREE J ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
SHIELDS JAMES R the
DEFENDANT
, at 1728:00 HOURS, on the 22nd day of January , 2003
at 105 HERSHEY ROAD
SHIPPENSBURG, PA 17257
by handing to
JAMES SHIELDS
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 13.80
Affidavit .00
Surcharge 10.00
.00
29.80
Sworn and Subscribed to before
me this y ~ day of
Y~ .~Y ~ff A.D.
7- /- Prothonota'r~
So Answers:
R. Thomas Kline
02/04/2003
ERIN DYER
: db
j~' kDe~ty ~fff
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. )
)
Loree J. Bigler and James R. Shields, )
CIVIL DIVISION
No. 03-321 Civil Term
Defendants.
PRAEClPE 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 Loree J. Bigler and James R. Shields 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 James R. Shields was served with the Complaint on
January 22, 2003, and his answer was due to be filed on February 12, 2003. Defendant Loree J.
Bigler was served with the Complaint on February 3, 2003, and her answer was due to be filed on
February 24, 2003.
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 each Defendant at their last
known address and to their attorney of record, if any, on February 25, 2003, which is at least 10
days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1990 DeRose Manufactured Home, Serial
Number D1231020, located at 105 Hershey Road, Shippensburg, PA 17257, that being the relief
demanded in the Complaint.
Attachments:
Er
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 C_OMMON PLEAS OF
GreenPoint Cred~L[.-(~ as ~ervici~g -
agent for BankAmerica Housing,
Services, a division of Bank of America
FSB,
Plaintiff,
Loree J. Bigler and James R. Shields,
Defendants.
)
)
)
)
)
)
)
CUMBERLAND C_OUNTY, PENNSYLVANIA
) CIVIL DIVISION
)
No. 03-321 Civil Term
Via Certified Mail #7002 2410 0004 1792 1763
and Certificate of Mailing
Loree J. Bigler
115 Booz Road
Shippensburg, PA 17257
Date of Notice:
February 25, 2003
Via Certified Mail #7002 241'0 0004 1792 1787
and Certificate of Mailing
James R. Shields
105 Hershey Rd.
Shippensburg, PA 17257
IMPORT. ANT 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 WITHOUTA 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\Bigler-Shields\TDN.wpd
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,
Loree J. Bigler and James R.
Shields,
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 03-321 Civil Term
Defendants.
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 James R. Shields' place of residence is 105 Hershey Road,
Shippensburg, Pennsylvania 17257, and that Defendant Loree J. Bigler's place of
residence is 115 Booz Road, Shippensburg, Pennsylvania 17257, 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.
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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.
Loree J. Bigler and James R.
Shields,
Defendants.
CIVIL DIVISION
No. 03-321 Civil Term
Loree J. Bigler
115 Booz Road
Shippensburg, PA 17257
NOTICE
Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that:
JUDGMENT BY DEFAULT has been entered against you in the above proceeding~
Prothonotary of'curn-berla0~r-c°unty
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.
Loree j. Bigler and James R.
Shields'
CIVIL DIVISION
No. 03-321 Civil Term
Defendants.
James R. Shields
105 Hershey Road
Shippensburg, PA 17257
NOTICE
Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that:
JUDGMENT BY DEFAULT has been entered against you in the above proceeding.
~ty
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. )
)
Loree J. Bigler and James R.
Shields,
Defendants.
CIVIL DIVISION
No. 03-321 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:
1. Deliver possession of the following described property to GreenPoint
Credit LLC, as servicing agent for BankAmerica Housing Services, a division of Bank
of America FSB:
1990 DeRose Manufactured Home, Serial Number D1231020
Located at: 105 Hershey Road, Shippenburg, PA 17257
2. Inform Loree J. Bigler and James R. Shields that they have ten (10)
days to remove personal items.
3. After ten (10) days a motor truck will transport the 1990 DeRose
Manufactured Home to a predetermined area or the Plaintiff will secure the Mobile
Home with a new lock for later transport.
remaining after the above-mentioned time
~re
Levy upon any property of Loree J. Bigler and James R. Shields
interest therein.
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of
A_~erica FSB
vs.
Loree J. Bi§ler and James R. Shields
105 Hershey Road
Shippensbur~, PA 17257
No.
Att'y.
Pl'ff (s)
Prothy.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-321 civil Term
Term
Costs ~.
$ $149.72
$
$ ~.oo
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, as servicing agent for BankAmerica Housing Services,
a dSvision of Bank o___f America FSB
being: (Premises as follows):
1990 DeRose Manufactured Home, Serial Number D1231020
Located at: 105 Hershey Road
Shippensburg,, PA 17257
Plaintiff (s)
(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) !nterest therein.
Da~ March 10, 2003
(SEAL)
Curtis R. Lonq
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Deputy
By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
Writ of Possession
¸, tO
returned STAYED, as per Attorney Dyer on 3/17/03
Sheriff's Costs:
Docketing !8_00
Poundage .98
Proth 1.00
Surcharge 30.00
49.98
Advance Costs: 150.00
ghcriff's Costs:49.98
100.02
Refunded to Atty on 3/17/03
Sworn and subscribed to before me this
day of
/-
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,
Loree J. Bigler and James R.
Shields,
Defendants.
CIVIL DIVISION
No. 03-321 Civil Term
PRAECIPE TO DISCONTINUE PURSUANT TO
PENNSYLVANIA R.C.P. RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the request of Plaintiff, pursuant
to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be
deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment)
owed to plaintiff by Defendants.
Respectfully submitted,
Erin P. Dyer, Esqmre ......
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:lGreenPoint~Bigler. ShieldsIP2D.wpd