HomeMy WebLinkAbout00-08552
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
GreenPoint Credit Corp.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-8552 Civil Term
No. Term
ys. Costs
Robert L. O'Donnell and Att'y. $ 117.84
Pl'ff (s) $
Stacey L. O'Donnell Pro thy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
Cumberland
County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GreenPoint credit Corp.
Plaintiff (s)
being: (Premises as follows):
1998 Dutch Duchess Manufactured Home, Serial Number 15994E
Inform Robert L. O'Donnell and Stacey L. O'Donnell that they have ten days to remove
personal items.
After 10 days a motor truck will transport the 1998 Dutch Duchess Manufactured Home to a
predetennined area or the Plaintiff will secure the Mobile Home with a new lock for
later transport.
Levy upon any property of Robert L. O'Donnell and Stacey L. O'Donnell remaining after
the above-mentioned time period and sell their interest therein.
(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.
Prothono
Date February 9, 2001
(SEAL)
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By virtue of this writ, on the day of
I caused the within named , to
have possession of the premises described with the appurtenances, and
R. Thomas Kline. Sheriff, who beinq duly sworn accordinq to law,
states this writ is returned STAYED per instructions from Attorney Dyer.
Sheriff's Costs:
Docketing
Poundage
Prothonotary
Service
Surcharge
$18.00
.90
1. 00
6.20
20.00
Advance Costs:
Sheriff's Costs:
$150.00
46.10
$103.90
Refund to atty on 3/27/01
Sworn and subscribed to before me this ,;! 9 '<it..
day of t'\Jv"....J~ , ~I--
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
CIVIL DIVISION
Plaintiff,
No. CD - ?S:K~ O'c>c'L '-r~
v.
Complaint in Civil Action - Replevin
Robert L. O'Donnell and Stacey L.
O'Donnell,
Filed on behalf of:
GreenPoint Credit Corp.
Defendants.
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
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
CIVIL DIVISION
v.
Complaint in Replevin
Robert L. O'Donnell and Stacey L.
O'Donnell,
Defendants.
NOTICE
You have been sued in court. If you wish to defend against the claims setforth
in the following pages, you must take action within twenty (20) days after this Complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims 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 LAVlNER 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 Avenue
Carlisle, PA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. ov - fi' S5.:L [1;,;) -r:.--
v.
Complaint in Replevin
Robert L. O'Donnell and Stacey L.
O'Donnell,
Defendants.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit Corp., flk/a Bank of America, by and through
its attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in
Replevin:
1. GreenPoint Credit Corp., hereinafter referred to as "Plaintiff" or "Green Point, "
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. Robert L. O'Donnell and Stacey L. O'Donnell, hereinafter referred to as
"Defendants," are individuals whose last known address is 2C Creekside Drive, Carlisle,
PA 17013.
3. On oraboutAugust24, 1998, Defendants purchased a 1998 Dutch Duchess
Manufactured Home, Serial Number 15994E, (the "Mobile Home"), from Country Side
Villiage 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."
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4. Bank of America perfected its security interest in said Mobile Home by having
an encumbrance on the title thereto. A true and correct copy of the Certificate of Title is
attached hereto as Exhibit "B." Bank of America assigned its interest in said Security
Agreement to Plaintiff, GreenPoint.
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$58,000.00 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 November 20, 2000, the Defendants' payments of
interest and principal were in arrears in the amount of $1,975.95. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of November
20,2000, is $57,226.37.
7. Plaintiff provided Defendants with thirty (30) days notice of intent to
repossess the Mobile Home.
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.
10. The Security Agreement provides that in the event of default:
a. Defendants will pay the reasonable attorney's fees of seller or of
seller's assignee, provided that prior to commencement of legal action such
fee shall not exceed $50.00;
b. Court costs and disbursements; and
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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 Corp. was required to retain
an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit Corp., 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.
COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit Corp.,
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.
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WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests:
a) judgment against Defendants in the amount of $56,281.19 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.
Erin P. Dyer, U1re
PA 10 Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:IGreenPolntIO'Donnell, RobertlCM
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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 Complaint are
true and correct to the best of his knowledge, information and belief.
\:),,-9~
Don Turosik
Collection Manager
GreenPoint Credit, LLC
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SE;:P-02-1,999
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12:30
GREENPOINT'CREDIT 61
COUNTY: CUMEERLl'.ND
ciTY: SHIPPENSBURG STAT!:: PJl. ZIP: 17257
PHONE: (717) 532 - 5261 s. SEC, #(5): 184.50, 3 844 """'194 - 6 4.2897
'Roposeo LOCATION OF MANUFACTURED HOME: 2C CREEKSIDE DRIVE, CARLISLE, PA 17013
'I,' 'me,' 'myself" or 'my' mean all persons who sign this Contract as buyer or co-buyer, jointly and severally, and "you" 0
'your" tnea,n the Seller: and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, I
lpproved,it'will bs assigned to that Creditor. On the dat", of this Contract, I buy from you on a cr,dit sal, basis the manufacturee
'ome desrribed on page 2, together with furnishings, ,quipment, appliances and accessories included in the manufacturee
'ome at the time of purchase (called 'Manufactured Home").
:REOITOR;BANKAMERICA HOUSING SERVICES, A DIVISION OF BAl~K OF AMERICA, FSB
412 873 5827 P.14/21
MH VARIAElLE RATE CONTRACl
RETAIL INSTALLMENT CON'. ACT, SECURITY AGREEMENT10:' ,',' ",' LOAN PLAN: AOl 082198
NAIVER OF TRIAL BY JURY AND AGREEMENT FOR,' OFFICE NUM8ER: 79061
l\RBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONEofFlco; LOANSOUACENO.: 750230
:Contract) 6t~y ACcT. NO.: 0/ ~ or; QX
3UYER(S): NAME: ROBERT L. 0' DONNELL .. ,- FUNOING CODE:
NAME: STi'.CEY L. 0 I DONNELL
NAME:
lUYEA'S ,'NAME:
\OOAESS: 13 23 MAINSVILLE RD
)ROMISE TO PAY: I promise to pay_you at such address as you may direct the Unpaid Balance shown on page 2 atthi,
Jontract (Item 5) with interest at the iniliai rate of 8 . 25 % per year. The interest rate I will pay will change in accordane<
I{ith the provisions of this Contract. I will pay this amount i.n installments as shown in the payment schedullil, or as recompute,
jue to changes in tJ1e interest rate, until the Unpaid Balance is fully paid. If, en 08/25/28 ,I still owe any amount unde'
his Contract, I will pay such amount in full on that date, which is called the "Maturity Date.' Each monthly payment will bE
lpplied as of its scheduled due date:lf no interest rate Is disclosed above, the initial interest rate is the Annual Percentage RatE
;hown below.
NTEREST FlATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate mal
:hange 11 months after my first payment is due and every 12 months thereafter based on movements in the monthl)
lverage yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federa
'leserve Board, whiCh is the index rate. My interest rate cannot increase or decrease by more than 2. 00% at any interes'
'ate change or by more than 5. 00% over the term of the Contract. The interest rate wiii equal the index rate in eHeC'
45 days before the interest rate change date plus a margin of 4 . 25 % (rounded to the NEAREST 1/8
If one percentage point) unless the interest rale caps limit the amount of change in the interest rate. If this index rate is nc
cnger available, you may choose a new index that is based upon comparable information.
ANNUAL
PcrlCENTAGE
RATE
FINANce CHARGE
Amount Financed
Total of Payments
Th e amount I will have- paid
aller I have made all
payments as scheduled
(based ,Ol"l the current
Annual PGrcsl'ltagEl Rate
wMloM IS .ubjeolto chenge):
$ 170,455.44
Fin,',Charile :"'Aniourii Fin:
T ota! Sale Price
The total cost of my
^ puichase on eredit
(Which is subjecr to
chanse) including my
Qown pllymenr at
$ 0,500.00
$ 176,955.44 i
: Totarp~~... i:Jo';',t'l'avmenll
The coste' my credit as
a yearly rate (Which Is
subjecl to change):
9.47 %
The doilar amount the
credit will co,st me (whIch
is subject to oMang.,);
The amount of credit
provIded tQ me or on
my.ehalt:
$ 114,427,94
$ 56,027.50
" ' See,;7Ina"e,Z'.
See Contraot lenn8 tol additionalln(ormalion
aboul nonpayment, default, lilquired repayment
In lull be(orelJ\e schedOled dale. and
prepaymentrefUndu"d penalties.
Ph!payment: If I pay oH early, I will not
have to pay a penalty. but I will not be
entitled 10 a relund ot !/te Prepaid
Finance Charge, if any,
Numberef ..
. PavmEinta:":
12
<348
'.~untot. .
_......P.a menU _''''_H
S 4201.92
$ 475:30
$ ,00
$ .00
, .
:;c<:::Whenpaymenls Are Due.,
SEPTEMBER 25
SEl?TEMBER25
,19--281
~>(, 1S---.2:.9
119_
.1g_
MY'~P
paymeni
ScHedule
Willb;;:
Monthly. beginning
Monthly. beginning
MonthlYt beginning
Monthly, beginning
Security: 'give you a security inreres1 in the gOQd~ or property being purcha~ed.
Lat. Charge: It a paymenll. mora than.J:2. days Ie"" I will be charged 2
S 5.00
V~rlabio Rate: "My CO(ltract conw.ins a variable rate feature. Disclosures about the vanable rate feature nave been provided to me earlier.
AS$umption: Someone buying my Manufactured. Home may, under certain clrcumsfances, be allowed to assume the remainder of the Contract on the
ortginal terms.
C:stfmates: All numerical disclosures except the late payment disclo$ui'eS are estimates.
% of the unpaid amount of such payment, not to 8:l(caed
'he above disolosures are based on terms in ef--' --- ..
.f Payments! Annual percentase Rate, Finanel
~ interest rate changes, actual Amount
l' or less than disclosed above.
~:150a4e..o497
EXHIBIT "A"
Security Agreement
PAGE 1 Cf ~
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SEP-02-1999 12:31
GREENPOINT CREDIT 61
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4128735827 P.15/21
TRADE NAME: DUTCH HOUSING , INC.
MODEL: DUCHESS
De$ori ption of
Manufactured
Home:
New: x
II.
Y~R: 9 8
SERIAL
NUMBERS: IS 1q i.f c:::
ITEM I I
SERIAL NUMBER
ADDITIONAL AIR CONDITNG
ACCESSORIES GUTTERS
AND Flii;i!'J1SHINGS: DECKS
USED:
LENGTH: 7 6
WIDTH: <: 8
II.
'II
, SKIRTING
SHED
DOWNS
II
ITEM
SERIAL NUMBER
.
.
082:1.98
ITEMIZATION OF AMOUNT'FINANCED
1. Cash Price (Including Sales
Taxors ,00 ): S 62,500.00
2. ;l. CashDownPayment...... $. 6,500.00
1;>. Trade.ln (Year, MaKe, Model):
Length Width
Gross Value $ . 0 0 Liens $
.00
(Sellor to pay'off)
.00
6,500.00
56,000.00
Net Trade.ln Value $
Total Down Payment ................ $
3. Unpaid Balance of Cash Price (1 minus 2) $
4. Amounts paid to others on my behalf:'
" a. To Insuranoe Companies:
(1) Properly Insurance.. .... $
(2) CreditUfe Insurance..., $
b. To PUblic Officials:
(1) Certificate otTIlie. .
(2) fILING FEES
Co To Creditor:
For:
d. To:
For:
,00
.00
$
$
22.50
5.00
.
.00
$
.00
.00
.00
$ .
. Total {a+ b + 0+ d + e + 1+9 +hl..... $ 27.50
S. Unp;aid Balance (3 piUS 4) S 56,027.50
..............
6. Prepaid Finance Charge.. $ .00
7. Amoun~ Finanoed (5 minus 8).,. $ 56,027.50
'I undsrstand and agree that a portion of ~ertain of these amou~ts
may be retained by you or your affiliate,
jOo~na~.0.61l7
INsURANCE:" ."'. '.'
PROPERTY INSURANCE: Property Insurance on the
Mllnufacturell Home is required for the term of this
Contract. I have the right to choose the person through
whom It is obtained. 6y marking the appropriate line !
below, I elect to buy the c:overllgeindicated from you
for the term and premium shown, and I want it financed
on this Contract.
Type of Insurance Term Premium
-
PhYsical Damage COIferage OMOS $ ,00
-
BROl>.D FOR."! $
-
$ .
-
LIABILITY' INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life Insuranoe is
not required for this Contraot or a factor In its approval.
If I elect Credit Life Insurance, the name(s) of the
proposed insuredSs) are:
Proposed Insured
Propoeed Insured
(Only spouse can be insured jointly.)
This insurance-may not payoff all of my debt, and the
exact amount of coverage is shown on my policy or
certificate.' My signature indicates my electionto obtain
Credit Life Insurance coverage for the term and
premium shOWn;
Type of Coverage Term Premium
-
_ Sin91e $
- Joint $
Date I
(signature)
Date
(.i9"~lVro)
.
(It joint ooverage is desired. bolJt proposed insureds must sign.)
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, SEP-02~1999 12:32
GREENPOINT CREDIT 51
"11__'"_''' ''''~1I11'~ _I...., ................................
4128735827 P.15/21
'ARIABLE FlATE:
'. MonthlyPaymant Changes. My monthly payment amount will change each time my interest rate is adjusted, The month I)-
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly payment.
over the remaining term of this Contract.
,. Notice 01 Interest Rate and Monthly Payment Changes. You will send.me notioe of an adjustment in the interest rate ano
monthly payment at least 25 days before the adjustment. This notice will contain information about the index rate, interes:
rate, payment amount and remaining unpaid balance.
.. Conl/erliion to Fixed Rate. I may choose to conVert this Contract to a fixed rate Contract at any time beginnin,
ZERO yeai'$ from the date of this Contraot and ending 30 years Irom the date of this Contract. In
order to cc:>nvert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of my
desire ~.convert to a fIXed rate, I must exeoute a revision agreement and I must pay a nonrefundable conversion fee. The
new fixed interest rate will be your standard fixedlnJerest r;lte for a comparable Contraot on the date that you receive my
written notrrication. The new fixed rate will take effect on the 'Conversion Date,' whioh shall be my next payment due date
that is at leasl 30 days after your timely receipl of a revision agreement signed by all Borrowers together with a
nonrefundable conversion fee of $ 200. 00 . The new fixed rate and the Conversion Date are subject te
ohange if my revision agreement and feeS are received after the dale specified in the revision agreement. My neW payment
,amoUnt will be effective with the fin;tpayment following the Conversion Date.
,ECURITY INTEFlEST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in
</1 goods lhatare or may hereafter by operation of law beoome accessions to it, (2) aiIappliances, maohinery, equipment and
,ther goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items
sted as 'Additional Accessories and'Fumishings" on page 1 of this Contract. (3) any refunds of unearned insurance premiums
nanced in this Contract. (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufaotured
iome and accessions, and of any Additional Acoessories and Furnishings. This security interest secures payment "nd
,erformance of my obligations under this Contract, including any additionai debt arising because of my failure to perform my
Iblig"tiom; under this Contract and inclUdes any oontractual extensions, renewals or modifications. My executiOn of this Contract
:onstiMes a waiver of my personal property and homestead exemption rights to the personal property herein described, i will
ign and deliver to you whatever finanoing statements and other documents you deem necessary to allow you to perfect your
eourity interest in any personal property and fixtures. I agree that you may file this seourity instrument or a reproduction thereof
, the real estate reoords or other appropriate index as a financing statement for any of the items specified above. Any
eproductlon of this seourity instrument or any other security agreement or fin"ncing statement, and any extensions, renewals, or
mendments thereof, shail be sufficient to perfect a security interest with respect to such items.
'REPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT IWILL
lOT BE ENTITLED TO A REFUND OF THE PFlEPAlD FINANCe CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT,
'HERE WILL BE 1'10 CHANGE IN THE DUE DATES OR AMOUNTS OF MY MON7Hl Y PAYMENTS, UNLESS You AGREE
~ WRITING TO THOSE CHANGES.
'AOPERTY INSUflANCE:
Minimum Cove!;lge. I am required to provide physical damage insurance coverage 'protecting IheManufactured Home for
the term of this Contract against loss by fire, hazards included within the term 'extended coverage' and any other hazards,
'including flood, for Which you require insurance, in an amount equal tc the lesser of the actual cash value of the
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the "Minimum Coverage").
The Insurance policy will oontain a loss payabie clause protecting you (as your interest may appear), and provide for a
1 O-day notice of canceiletion to you. Unless you oonsent in writing, I shall not add any additional loss payee to the iilsurance
policy. I have the right to choose the person through whom the property insurance policy is obtained. If my insuranoe
ooverage expires or Is oancelled prior to payment in fwll of this Contract, I must obtain no less than the Minimum Coverage at
my expense for the remaining term of this Contraot. Should I f"i1 to maintain the Minimum Coverage, you may, but are not
obligated to, obtain Insurance ooverage. i agree that any insuranoe you purchase may be for the protection of oniy your
interest in the Manufactured Home, may not fuily protect me in the event of a loss, and may be for such reasonable period as
you determine. If you decide, in your sole discretion, to obtain in.urance, you will notify me of that fact and that the oost, pius
interest at the Contract rate, will be added to my debt. I will repay such amount during the term of the policy in the manner
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than might be
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
reoeive a profittor this service.
,:lS084/l.()437
PAGE; JQFf 7
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GREENPOINT CREDIT 61
4128735827 P.17/21
b. Assignment and Application of i ...rance Proceeds. I hereby grant and a. 0" to you the proceeds of any and all
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance which in
type or amount is beyond the Minimum Coverage. in the event Ilf a loss to the Manufactured Home, I shall give pro~Pt notice
to you and the Insurance ca~rier. If I fail to promptly 'loti!\, or make proof of loss to the insurance carrier, you may do so on my
behalf. All physIcal damage Insurance proceeds, Inoludlng proceeds from optional coverage, shall be applied to restoration or
repair 0: the Man~factured Home. unless you and I agree otherwise in writing or unless such restoration or repair is not
economically practical or feasible, or your secunty Interest would be lessened. If such restoration or repair Is not practical or
feasible, or your security interest would be lessened, you shall apply the insurance prOceeds to the remaining unpaid baiance
of this Contract, whether or not then due, and give me any excess.! authorize any insurer to pay you directly. I hereby
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to obtain such
insurance payments.
LATE CHARGE: I agree te pay a late charge for late payment as set forth on the front of this Contract. Only one late charge will
be mad. on any delinquent installment regardless of the period for which that installment remains in default. After this Contract
matures, whether by acoeleration or otherwise, I will not be charged a late charge,
RETURNED CHECK CHARGES: I will pay you the actual charge of the diShonoring institution (o:>r such higher amount
as allowed by law} if any check given to you is not honored because of insufficient funds or because no such account exists_
EVENTS Of DeFAULT: i will be in default under this Contract ~: (a) I tail to make any payment whEm due; (b) I fail to timely
make rental payments. or to pay other charges and assessments, relating to the real property and/or facility on which the
Manufactured Home is located; (c) I violate restrictive oovenants, ruies or reguiatlons relating to the real property and/or facility
where the Manufaotured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition. as you may
reasonably determihEl; (e) I remove the Manufactured Home from the address shown .on this Contract unless I notify you in
advance and receive your written consent; (f) I sell or attempt to sell or to transfer llny beneficial interest in the Manufactured
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of -any real Elstate without
first obtaining your written consent; (h) I encumberor abandon the Manufaotured Home or use it for hire or illegally; (D I fall to
prompiiy pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on Which it is
located, it this is my responsibility; and/or G) I fail to do anything else whiCh I have promised to do under this Contract.
NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary to
correct my default You will, except as set forth below, first give me a Notice of Default and Right t(l Cure Default before you
accelerate pliyment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Contract. The Notice will teU me what my default is and how I can oure it. Except as requited by applicable law, you are not
required to send me this Notice when (1) you haVe already sent a Notice twioe within the preceding one.year period, (2) I have
abandoned or voiuntarily surrendered the Manufactured Home, or (3) other extreme clroumatances exist.
CURE OF OEFAUL T: I may cure-a defauit at any time before title to the Manufactured Home is transferred from me, which will
be at least 45 days after receipt of the Notice of Default and Right to Cure Default. To cure a default, I must pay: (a) all amounts
"Ihich would have been due in the absence of default and acceleration; (b) the attorney fees set forth below; (0) any iate charges
that are due; and (d) reasonable costs which are actually incurred for detaohing and transporting the Manufactured Home to the
aita of sale. I mUst also perform any other obligation I would have had to pertorm in the" absence 01 default.
FlEMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of thEl folldwing at the end of the notice
period, as aUowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due
under- this Contract plus aocrued interest or (b) you can repossess the Manufactured Home pursuant to the seourity interest I
give you under this Contract. If you are not required to send me the Notice of Default and Right 10 Cure Default, you will have
these rights immediately upon my default. Once you get posseasion of the Manufactured Home you will sell it. If the amount from
the sale, after expenses, is less than what I owe you, I will pay you the difference except as otherwise provided by iaw_ AU
remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or claim between or among you and me or our assignees 'arising out of or relating to
this Contract or any agreements or instruments relating to or oeilveted in connection with this Contract. including any claim
based on or arising from an alleged tort, shall, If requested by either you or me, be determined by arbitration, reference, or
trial by a judge as provided below, A (:ontroversy involving only a single elaimant, or claimants who are reiated or asserting
claims ariaing from a single transaction, shail be determined by arbitration as described below. Any other controversy shall be
determined by judiciai reference of the controversy to a referee appointed by the court or, ~ the court where the controversy
is venued lacks the power to appoint a referee, by trial by a judge without a jury, 00 iescribed below_ YOU AND I AGREE
?AJ~0e.46.Q4'37
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WHElHER THE CONTROVERSY (l
TRIAL BY A JUDGE.
GREENPOINT CREDIT 61
""'~ v, Ill!:: nll.::lInl IV In'.....L. 01 """'1'
..AIM IS DECIDED SV ARBITRAT10~,
4128735827 P.18/21
'''''J I nene ""ALL tlc NO JUFn
JUOICIAL REFERENCE, OR En
I, Arbitl'lltion. Since this Contract touches' and concerns interstate commerce, an arbitration under this Contract shall b.
conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice o'
law provision in this Contract. The Commercial Rules of the American Arbitration Association ("AAA') also shall apply. ThE
arbitrator(s) shall tollow the law and shail grve effect to statutes of limitation in determining any claim, Any controvers,
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award ot the arbltrator(s) shall be ir
writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be enteree
in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be entertained except aE
provided by Section 1 0. of the United States Arbitration Act or upon a finding of manifest injustice.
.. ,Judic::ial Reference or Trial by a Judge. If requested by either you or me, any controversy or olaim under subparagraph (a:
that i$ Ilpt submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appointee
by the court who, sitting alone and without jury, shall decide allquestloM of law and fact. You and I shall designate to the
court a retere~ selected under the auspices' of the AAA in the same manner as arbitrators are selected in AAA-sponsorec
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy 1$ venued lacks the
power to appoint a referee, the contr,oversy instead shall be decided by trial by a judge without a jury.
I. .Self-Help, Foreclosure. and Provisional RemedicG. The provisions of this paragraph shall not limit any rights that you or I
may have to exercise seif-help remedies SUch as set-off or repossession, to foreclose by power of sale or judicially against or
sell any oollateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction before,
atter or during the pendency ot any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of any
such remedy shall SelVe as a waiver of the right of either you or me to demand that .the related or any other dispute 0'
controversy be determined by arbitration as provided above.
ITTORNEY FEES: If I prevail in any legal action or arbitration proceeding Which is commenced in connection with the
nlorcement 'of this Contract or any instrument or agreement required under this Contract, or in connection with any dispute
!Iating to this Contract, you will pay my reasonabie attorney lees, court costs and necessary disbursements incurred in
onnection with such action or proceeding, as determined by the court, the reteree, or the arbitrator(s) in accordance with the
tWo If you prevail in any such action or proceeding, or in the exercise of any self-heip remedy as described above, I will pay any
ourt costs and necessary disbursements to the full extent permitted by law. together with reasonable fees imposed on you by
n attorno;ly who is not your salaried empioyee, provided that prior to commencement of legai action such fees may not exceed
50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cur.
)efault.
)THER rERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the
stimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
ext tweive-month period; (b) to pay you a transfer fee if I seUthe Manufactured Home, unless such fee is prohibited by law; (c)
J pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
JII; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actualiy
dvance on my behalf to correct my default: and (e) that if I am married, and residing In a community property state, both my
ommunity property and separate property will be liable for all payments due under this Contract.
.SSIGNMENT: You may assign this Contract to any per$on or entity. Ail rights granted to you under this Contract shail appiy tc
ny assignlile of this Contract. ,
:REDIT INFORMATION; You may investigate my credit history and credit capacity in oonnection with opening and collecting
'Y account and share information about me and my account with credit reporting agenoies: You may sell or otherwise furnish
Itormation about me, inoluding insurance information, to ail others who may lawfully receive such information. You may furnish
~ecific intormation about the Manufactured Home and <my insurance policies on the Manufactured Home to any insurance
gent to enable such agent to quote premiums to me and solicit my insurance business.
TArVER; Waiver of any default shali not constitute a waiver ot any other default. No term of this Contract shall.be changed
,Iess in writing and signed by one 01 you.r officers. This Contract is the entire agreement between us and I agree that no oral or
lplied representations have been made to induce me to enter into this Contract.
ALIPlTY: Wherever possible eaoh provision of this Contract shall be interpreted in such manner as to be effective and valid
lder applicable law, but if any provision of this Contraot shail be prohibited by or invalid under appiicable law, such provision
lall be ineffective only to the extent of such prohibition or Invalidity, without invalidating the remainder of such provision or the
3~413~ll.97 PAGE 5 Cf 7
ORIGINi'-.L. COPY
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GREENPOINT CREDIT 61
4128735827 P.19/21
remaining provisions of this Contract. l -';ontract shall be of no effect until and unit ,ig.ned by me and you. In no event shall
any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, such
excess shall be refunded or applied to the amount due.
GOVERNING l,.AW; 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 remedies under Federal law, such choice of state law
shall not be deElmed to deprive you of sUch greater rights and remedies under Federal law.
..... ..
. . '.' ..' . '.' ....::,."._,..,". NOTlC!;: .... ......
. ANY HOLDER 9F Ttl.1S99iilsUM$iL9-Fi.E;9IICOi-JjR.AgTi$:sUBJEQl' TOXAlL-CLAfMS AND OEFENSES WHICH'
THE DEBTOR COULDAsseRT~ AGAINs'rtHELSELLER.OFGOODS OF! SERVICES CBTAINEIl PURSUANT
HERETO OR W'f'tHTHE PROCEEDS:HEREOF~RECOVERYHEREiJNDER BY:THE DEBTOR SHALL NOT EXCEED
AMOUNTS:pAIO SYTHE DEBToaHEREuNDER:" ....... . .' . . .. .... ... .. .
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES SY ARSITRATION, REFERl:NCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHeR PROMISES HAVE
SEEN MADE.
ACCEPTED: The foregoing Con~.ct i~ hereby e..igned und.rthelenn. If you do not meet your Contract obligations, you
ollMe Ao.ignmenton pase 7. may lose your manufactured home.
Notice to Buyer: Do not' sign this Contract in blank.
You are entitled to an exact copy of the Contract
you sign. Keep it to protect your legal rights.
BUYER(S) SIGNA TURE(S):
COUNTRY SIDE VILLAGE HO~ES, I
SELLER'S
SIGNATURE:
SELLER'S
TITLE:
570000
SELLER:
SELLER'S
ADDRESS:
31 WALNVT BOTTOM ROAD
/l
DATEOFTHISCONTRACT: - 9.1?~/ff
II
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COpy OF THIS CONTRACT. .
~//h~2:. ;//
. (SisnalUt"~
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. (Sit'" olCo.Buyer)
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~REENPOINT CREDIT 61
ASSIGNMENT BY SELLER
412 873 5827 P.20/21
o CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail iMtallment oontract ("Contract") signed by one or more buyers ("Buyer"), SELLER represent,
nd warrants that: (1) Buyer's oredit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer
las legally competent to contract at the time of Buyer's execution 01 this Contract; (3) this Contract arose from the bona fide
ale of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specifiec
nd no part thereof wa$ loaned directly or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, received as any
art of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owec
n such trade-in or other, property is accurately described on page 2 and has been paid off by Seller prior to 01
ontemporaneously with the assignment of this Contract to Creditor; (6) there is. now owing on this Contract the amount set fortt-
erein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against ead:
urported signatory thereof; ($) Seller has the right to assign this Contract and thereby to convey good titie to it; (9) in the even;
I any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home 01
ther propeiiy or consideration transferred pursuant to th.is retail installment contract, Seller agrees that it will indemnify and holc
:reditor harmless from all such claims and defenses as well as from all costs reasonably incurred by Creditor in connectice
\erewitn, including but not limited to reasonable attorney lees and court costs; and (i 0) in aooordance with the Fair Credit
leporting Act, Seller has notified Buyer that this contraot 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 property
Ihich is the subject m<llter hereof and.authorizes Creditor to do everything necessary to collect and discharge same. All the
"ms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a part
ereof'by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasing
\isContract. .
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P.09/21
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SHERIFF'S RETURN - REGULAR
... " -.....
CASE NO: 2000-08552 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT CORP
VS
O'DONNELL ROBERT L ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
O'DONNELL ROBERT L
the
DEFENDANT
, at 0019:53 HOURS, on the 15th day of December, 2000
at 2-C CREEKSIDE DRIVE
CARLISLE, PA 17013
by handing to
ROBERT O'DONNELL
a true and attested copy of COMPLAINT - REPLEVIN
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
4.34
.00
10.00
.00
32.34
S;;;2:~J<~'!
R. Thomas Kline
12/18/2000
ERIN P. DYER
Sworn and Subscribed to before By:
me this 3~ day of
~u~<7 ~/ A.D.
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SHERIFF'S RETURN - REGULAR
~
CASE NO: 2000-08552 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT CORP
VS
O'DONNELL ROBERT L ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
O'DONNELL STACEY L
the
DEFENDANT
, at 0019:53 HOURS, on the 15th day of December, 2000
at 2-C CREEKSIDE DRIVE
CARLISLE, PA 17013
by handing to
ROBERT O'DONNELL
a true and attested copy of COMPLAINT - REPLEVIN
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
r~~'~
R. Thomas Kline
Sworn and Subscribed to before
12/18/2000
ERIN P. DYER ~
By: " , ~
'~~rif
me this .?ML. day of
~ J.rrvl A.D.
Q'"1 L- () ~Jp,., ~
rothonotary ,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-8552 Civil Term
CIVIL DIVISION
v.
Robert L. O'Donnell and Stacey L.
O'Donnell,
Defendants.
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default in favor of Plaintiff GreenPoint Credit Corp.
and against Defendants Robert L. O'Donnell and Stacey l. O'Donnell 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 December 15, 2000 and their answer
was due to be filed on January 4, 2001.
Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File
Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to
the Defendants at their last known address and to their attorney of record, if any, on
January 16, 2001, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1998 Dutch Duchess
Manufactured Home, Serial Number 15994E, that being the relief demanded in the
Complaint.
-"""~~----
Erin P. Dye . 1:Ii~~-
PA ID Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Attachments:
Ten Day Notice
Affidavit of Non-Military Service & Last Known Address
A
-,
<^ L.l~j,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
v.
Robert L. O'Donnell and Stacey L.
O'Donnell,
Defendants.
Via Certified Mail # 1 8882 1086
and Certificate of Mailing
Robert L O'Donnell
1.14 E.Portland Street
Mechanicsburg, PA 17055
Date of Notice:
January 16, 2001
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No.
Via Certified Mail # 188821079
and Certificate of Mailing
Stacey L. O'Donnell
114 E. Portland Street
Mechanicsburg, PA 17055
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALL YORBY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH.AGAIt.iST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE; A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING ANDYOUMAY .
LOSE YOUR PROPERTY OR OTHERIMPORTANT RIGHTS. YOU SHQULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IFYOU OONOTHAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Curt Long, Prothonotary
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013 - 3387
.~.._-
, --....,
Erin P. Dyer, Esquire -
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\O'Donnell, Robert\TDN.2.wpd
FILE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-8552 Civil Term
CIVIL DIVISION
v.
Robert L. O'Donnell and Stacey L.
O'Donnell,
Defendants.
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being cJuly 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 E. Portland Street, Mechanicsburg,
PA 17055 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.
u'
PA ID N r: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-8552 Civil Term
CIVIL DIVISION
v.
Robert L. O'Donnell and Stacey L.
O'Donnell,
Defendants.
Robert L. O'Donnell
114 E. Portland Street
Mechanicsburg, PA 17055
Stacey L. O'Donnell
114 E. Portland Street
Mechanicsburg, PA 17055
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.
ounty
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-8552 Civil Term
CIVIL DIVISION
v.
Robert L. O'Donnell and Stacey L.
O'Donnell,
Defendants.
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 Corp.:
1998 Dutch Duchess Manufactured Home, Serial Number 15994E.
2. Inform Robert L. O'Donnell and Stacey L. O'Donnell that they have ten
(10) days to remove personal items.
3. After ten (10) days a motortruck will transport the 1998 Dutch Duchess
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 Robert L. O'Donnell and Stacey L. O'Donnell
remaining after the above-mentioned time period and sell their interest therein.
~C~-
-"""" .---._~
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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