Loading...
HomeMy WebLinkAbout99-05246u a O°. Z V v V i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GreenPoint Credit Corp., No. ald Plaintiff, Complaint in Civil Action - Replevin , Filed on behalf of: GreenPoint Credit Corp. V. Counsel of Record for this Party: Erin P. Dyer, Esquire Heidi D. Gilbert, PA ID Number: 52748 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 Defendant. (412) 422-8975 LAGreenPoint\Gilbert, Heidi D\CMrep.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit Corp., ) CIVIL DIVISION Plaintiff, ) No. V. ) Heidi D. Gilbert, ) Defendant. ) NOTICE 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. Court Administrator Cumberland County Courthouse 4" Floor Carlisle, PA 17013 (717) 240-6200 L\GreenPoint\Gilbert, Heidi D\CMrep.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit Corp., ) Plaintiff, ) V. ) Heidi D. Gilbert, ) Defendant. } CIVIL DIVISION COMPLAINT COUNT I - REPLEVIN AND NOW comes GreenPoint Credit Corp., 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"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, PA 15317. 2. Heidi D. Gilbert, hereinafter referredto as "Defendant," isan individualwhose last known address is 152 Shippensburg Mobile Estates, Shippensburg, PA 17257. L1GreenPoint\Gi1bert, Heidi D\CMrep.wpd 3. On or about April 28, 1995, Defendant purchased a 1981 Hall Mark Manufactured Home., Serial Number HP802098, (the "Mobile Home"), from Royal Finance Of Pennyslvania, (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 Security Pacific Housing Services Bank of America FSB ("BankAmerica"). BankAmerica perfected its security interest in said Mobile Home by having an encumbrance on the title thereto. A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B." BankAmerica assigned its interest in said Security Agreement to Plaintiff, GreenPoint. 5. Plaintiff avers that the approximate retail value of said Mobile Home is $10,000.00 and that the said Mobile Home is in the Defendant's possession and believed to be at Defendant's address as stated above. 6. Defendant defaulted under the terms of the Security Agreement by failing to make payments when due. As of August 19, 1999, the Defendant's payments of interest and principal were in arrears in the amount of $662.00. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of August 19, 1999, is $8,123.38. 7. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile Home is attached hereto as Exhibit "C." 8. Defendant failed to cure the default or return the Mobile Home upon Plaintiffs demand. 0(3reenPointOlbert, Heidi D1CMrep.wpd 9. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of said Mobile Home. 10. The Security Agreement provides that in the event of default: a. Defendant will pay the reasonable attorney's fees of seller or of seller's assignee, provided that prior to commencement of legal action such fee shall not exceed $50.00; b. Court costs and disbursements; and c. Costs incurred by seller or of seller's assignee to foreclose on the Mobile Home including the costs of storing, reconditioning and reselling the Mobile Home. 11. In order to bring this action GreenPoint Credit Corp. was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests: a) judgment against Defendant to recover the Mobile Home, plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. LAGreenPoinWilbert, Heidi MWrep.wpd COUNTII-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. WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests: a) judgment against Defendant in the amount of $8,123.38 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, Esquire PA ID Number: 52748 Attorney for GreenPoint Credit Corp. 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L kGreenPoint\Gilbert. Heidi MCMrep.wpd VERIFICATION Don Turosik, Collection Manager, and duly authorized representative ofGreenPoint Credit Corp., 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. J Don Turosik Collection Manager GreenPoint Credit Corp. LAGreenpoinl\GeneraNVERIFICA CM.wpo AUG-19-1999 13:32 GREEHPCINT CREDIT 61 ENNSYLVANIA IETrAIL INSTALLMENT CONTRACT Ind SECURITY AGREEMENT IUYER(SI: colteas. 152 ROPOSLD LOCATION OF MANUFACTURED s: SEC •112 673 5826 P.06,10 MH FIXED RATE CONTRAC I IRAN PLAN: F01 OFFICE NUMBER: 7 9 07 5 DEALERNo.: 750218 T71;Y? ACCNT. NO.: ISao ;40'-I COUN- Y:CUMBERLAND STATt;PA zip: 17257 I.' 'me' or 'vs' meant all persons who sign this Contract as buyer or co-buyer, jointly and severally, and 'you' or 'your' means the seller and ,my assignee. This contract will be submitted to the Creditor indicated below. at a local office, and if approved, it will be assigned to that :reditor. On the data of this contract I buy from you on a credit sale basic the manufactured home described below, together with urnishings, equipment appliances and aodsasoriee included in the manufactured home at the time of purchase (called 'Manufactured Home'). :REDITOR:SECURITY PACIFIC HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB Derecrtpdon of Manufactured TRADENAME: HALLMARK Home: YEAR: $1 NEW.USED: X sentAL HP802098 NUMBERS: M00EL LENOTH: 60 n wtont 14 it rrem SERIAL NUMBER ITEM SERIAL NUMBER ADDITIONAL REFRIG, STOVE 2 WIN A/C STEPS D W DECK 8X8 , ACCESSORIES SHED 8X12 R I INGS F SKIRTING : AND U N SH PROMISE TO PAY: I promise to pay Vou the Unpaid Balance shown in (Item BI with interest at the rate of: 13.00 %per year until the debt is fully paid. I'll pay this amount in installments as shown in the payment schedule. Each monthly payment will be applied as of its scheduled due date. If no interest rate is disclosed above, the interest rate is the Annual Percentage Rate shown below. ANNUAL FINANCE CHARGE Amount Financed Total of Payments Total Sale Price PERCENTAGE The total cost of my RATE The amount of credit The amount I will haw purohna on credit mduding my down The cast of my credit as l The dollar amount the redit will Cost me: provided to me or an my behalf: paid after I have made all payments as scheduled: payment of y mite: a year c . S 668.00 13.00 % 5 7,674,96 S 12,510.00 S 20,184.96 S 20,852.96 -•..=.,, . See'e7°w=?'?'i???i`. -Fin: Cha s6Amount Fn. - • =Te IP rv.4?Dd? a merit see Contract terms for additional information "Number d :• . Amountot _; -_ ?1Mlteh Pi..... ' Y^' Ore Due ' ^Iy. about nonpayment. default. reouired Paymensr payments _- - -».. _. repayment in full before the scheduled date, and prepayment refunds and 9 6 S 210.26 Monthly. beginning .11-10e I penalties. S .00 Monthly, beginning Prepayment If I pry off early, I will not LvSh S . 00 Monthly. beginning 10 have to pay a penalty, but I will not bs . OO S Monthi y, beginning L , 19 entitled to a refund of the Prepaid Financs . Charge• if any. Security: 1 give you a security interest in; X the goods or preperry be.ng purchased. _ml property, located at Late Charge: It a payment is more than 15 days:ate, I y 11 be chergnd 5 t4 of the unpaid amount of such payment not to exceed s 5.00 Assumption: Someone buying my Manufactured Home may, under canain ClfCUMBIannes, be allowed to assume the remainder of the contract on the original terms. :50002-0294 PA NAME' HEIDI D GILBERT NAME: CITY: ORIGiNP.L COPY '4 EXHIBIT "A" Security Agreement AUG-19-1999 13:32 GrEEIFCINT CF•ECIT 61 a. b. an Price (trial. Sales Tax of S • Q U ):S L Z , U Cash Downpeyment....... S 6 6 8 , 00 Trade•In (Year. Make, Model): Length Width Gross ValueS OWant; 3 .00 (Sale, 0 Per Oil $ NotTrode•InValue .00 ........ _........................... Total Downpayment .......... $ 668.00 , I. Unpaid Balance of Cash Price (1 minus 21, ,,,,,.... S 11, 332.00 1. Amounts paid to others on my behalf a. To Insurance Companies: (1) PropertyInsurance ..... $ 1,158.00 (2) Credit Life Insurance •, S 700 b. To Public Officials:, (1) Certificate of Title.....,, $ 15.00 (2) FILING FEES 5.00 c. To Sailor. For: S ,00 IFnYN n•nee t:algv J. To: For: $ .00 .OG e. To: For: $ .00 Total (a+b+ c+ d•s),•,,,,.._.. S 1, 17d.00 5. Unpaid Balance (3 Plus 4),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, $ 12,510,00 8. Prepaid Finance Charge,,,, ,,,,,,,,,,,,,,S , 00 7. Amount Financed (S minus 8) S. r2, 517 , 00 ICCEFTED: The foregoing contract is hereby assigned under the teas of the Assignment on page 0. a""'ROYAL FINANCE OF PENNYSLVANIA 4uatts WORESS: 47 105 PA both proposed insureds must If you do not meet your contract obligations, you 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. BUTE?a151,S??V?tAn#51: // HEIDI D GILBERT IIGNATUflE. i ?/tn?V?1? '''??W? nine's DATE OF TH15 CO Mal O r?-l' V ? / ? •te?_ AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND ACKNOWLEDGE RECEIPT OF A COMPL D COPY OF THIS CO ACT. ?(56. (Slpnarvre of awed 151gnervu er Goewal 412 873 5826 P.07i10 PROPERTY INSURANCE: Property insurance an the Manu• factured Ham* is resivired for the term of this contract. I have the right to choose the person through whom it is obtained. By marking the appropriate line below. I elect to buy the coverage indicated from you for the term and premium shown: Typo of Insurance Term Premium - Broad Form Comp. OMOS S .00 X Mobile Home Owners 12MOS $1,158.00 _ SERV CrPPRT $ LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED UNLESS MOBILE MOMS OWNERS INSURANCE IS INDICATED IN THE PROPERTY INSURANCE SECTION ABOVE. CREDIT LIFE INSURANCE: Credit Life Insurance is not required for this contract or a factor in its approval, If I elect Credit Life Insurance, the name(s) of the proposed insured(s) are: Proposedlnsursd Proposed Insured (Only epcuss con be insured jointly.) This insurance may not pay off all of my debt and the exact amount of coverage is shown on my policy or certificate. My signature indicates my election to obtain Credit Life Insurance coverage for the term and premium shown: Type of Coverage Term Premium _ Single Joint Date leen•mnl Date (neN•a+l 2505112,0254 PA PAGE 2 OF 4 ORIGINAL COPT AUG-19-1999 13 53 GFEENFGINT :FEE 17 E1 41- 873 5926 P.08-iC ITIONAL TERMS AND CONDITIONS CURITY INTEREST; I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in all ods that are or may hereafter by operation of law become accessions to it (2) any refunds of unearned insurance premiums anted in this contract and (3) all proceeds of such Manufactured Home and accessions. This security interest secures payment d performance of my obligations under this contract incluaing any additional debt arising because of my failure to perform my ligations under this contract, and includes any contractual extensions, renewals or modifications. If this contract is secured by a ortgage or deed of trust on my real estate, then this security agreement is not exclusive. Your rights and romodies under ,s contract and any mortgage or deed of trust executed herewith are cumulative, but my right to a Notice of Default and Right to ire Default shall not be affected by any inconsistent provision of any mortgage or deed of trust. My execution of this contract institutes a waiver of my personal property and homestead exemption rights to the personal and real property herein described. 1EPAYMENT. I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL NOT BE JTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE. IF ANY. 1OPERTY INSURANCE: I am required to insure the Manufactured Home against physical damage for the term of the contract at y expense. The minimum coverage will be Broad Form Comprehensive in an amount equal to the lesser of the actual cash value the Manufactured Home or the remaining unpaid balance I owe from time to time on this contract. The insurance policy will intain a loss payable clause protecting you (as your interest may appear), and provide for 10 day notice of cancellation to you. I the the right to choose the person through whom the proporty insurance policy is obtained. If my insurance coverage expires or cancelled prior to payment in full of this contract 1 must obtain no less than the minimum coverage at my expense for the malning term of the contract. Should I fail to maintain insurance coverage, you may, but are not obligated to, obtain the inimum coverage and such additional coverage as you may reasonably require. If you do so. you will notify me of that fact and at the cost plus interest at the contract rate, will be added to my debt. I will repay such amount during the term of the policy in ,e manner requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than fight be the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company who iay receive a profit for this service. 4TE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this contract. Only one late charge will be fade on any delinquent installment regardless of the period for which that installment remains in default. After this contract istures, whether by acceleration or otherwise, I will not be charged a late charge. VENTS OF DEFAULT: I will be in default under this contract if: (a) I fail to make any payment when due: (b) I fail to timely make )ntal payments, or to pay other charges and assessments, relating to the real property and/or facility on which the Manufactured some is located; (c) I violate rules or regulations relating to the facility where the Manufactured Home is located; (d) I fail to keep is Manufactured Home in good repair and condition, as you may reasonably determine; (e) I remove the Manufactured Home om the address shown on this contract unless I notify you in advance and receive your written consent (f) I sell or attempt to sell to Manufactured Home without first obtaining yourwritten consent: (g) I allow the Manufactured Home, if it is personal roperty, to become part of any real estate; (h) I encumber ar abandon the Manufactured Home or use it for hire or illegally; (i) I A to promptly pay any taxes and other liens and encumbrances on the Manufactured Home: and/or (j) I fail to do anything else which I have promised to do under this contract. IOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary to correct ny default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you accelerate ayment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this contract. 'he Notice will tell me what my default is and how I can cure it. You are not required to send me this Notice when (1) you have Iready sent a Notice twice within the preceding one-year period, (2) 1 have abandoned or voluntarily surrendered the Aanufactured Home, or (3) other extreme circumstances exist. :URE OF DEFAULT: 1 may cure a default at any time before title to the Manufactured Home is transferred from me. which will be it least 45 days after receipt of the notice of default. To cure a default, I must pay: (a) all amounts which would have been due in he absence of default and acceleration: (b) the attorneys fees set forth below. (c) any late charges that are due: and d) reasonable costs which are actually incurred for detaching and transporting the Manufactured Home to the site of sale. I must also perform any other obligation I would have had to perform in the absence of default. 1EMEDIES UPON DEFAULT: If 1 do not cure the default, you may do either or both of the following at the end of the notice )eriod: (a) you can require me to immediately pay you the entire remaining unpaid balance of the contract plus accrued interest, jr (b) you can repossess the Manufactured Home. If you are not required to send me the Notice of Default and Right to Cure Default you will have these rights immediately upon my default once you get possession of the Manufactured Home, you will cell t. If the amount from the sale, after expenses, is less than what I owe you, I will pay you the difference except as otherwise )rovidad by law. ITTORNEY FEES: If you hire an attorney who is not your salaried employee to collect what I owe under this contract or to get )ossession of the Manufactured Home. I will pay your reasonable attorney's foes, provided that prior to commencement of legal action such fees may not exceed $50.00 and further provided that no attorney's fees may be charged prior to my receipt of the totice of default. 7e000E0294 PA FILE COPY PaaE 3 OF 4 AUG-19-1999 13:74 GFEEriFCIhT CFEEIT r1 412 e73 5626 P. 05'10 OTHER TERMS AND CONDITIONS:I agree: (a) to pay with my monthly installments, if requested by you to do so. the estimated amount necessary to pay yearly taxes, assessments and insurance premiums that 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 rate on the remaining unpaid balance plus accrued interest from the date of maturity until paid in full; (d) to reimburse you, immsdiotely upon your demand. with interest at the contract rate. the amount of funds you actually advance on my behalf to correct my default and (9) that if I am married, and residing in a community property state. both my community property and separate property will be liable for all payments due under this contract. CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting my account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish information about me, including insurance information, to all others who may lawfully receive such information. You may furnish specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance agent to enable such agent to quote premiums to me and solicit my insurance business. ASSIGNMENT; You may assign this contract to any person or entity. All rights granted to you under this contract shall apply to any assignee of this contract WAIVER: Waiver of any default shall not constitute a waiver of any other default. No term of this contract shall be changed unless in writing and signed by one of your officers. This contract and any mortgage or deed of trust executed by me in connection with this contract is the entire agreement between us and I agree that no oral or implied representations have been made to induce me to enter into this contract. VALIDITY: Wherever possible each provision of this contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this contract shall bo prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity. without invalidating the remainder of such provision or the remaining provisions of this contract. This contract shall be of no effect until and unless signed 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. (See Other Page for Consumers and Seller's Signatures) NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALCCLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF .GOODS OR. SERVICES'ObTAINED PURSUANT-HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER .BY THE DEBTOR SHALL NOT. 6CEEp AMOUNTS PAID BY THE DEBTOR HEREUNDER.. ASSIGNMENT BY SELLER TO CREDITOR INDICATED ON OTHER PAGE ("Creditor") With respect to this retail installment contract ("contract") signed by one 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 sale of the merchandise described in this contract: (4) the downpayment was made by Buyer in cash unless otherwise specified and no part thereof was loaned directly or indirectly by Seller to Buyer. (6) any trade-in, or other consideration, received as any part of the downpayment is accurately described on the other page, and has been valued at its bona fide value. and any amount owed on such trade-in or other property is accurately described on the other page and 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 contract the amount set forth herein; (7) this contract and any guaranty submitted in connection herewith is in all respects legally enforceable against each purported signatory thereof: (B) 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 assigns of Buyer, with respect to the Manufactured Home or other property or consideration transferred pursuant to this retail installment contract Seller agrees that it will indemnify and hold Creditor harmless from all such claims and defenses as well as from all costs reasonably incurred by Creditor in connection therewith, including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credit Reporting Act Seller has notified Buyer that this contract is to be submitted to Creditor. For value received, Seller hereby assigns to Creditor all its rights. title and interest in this contract and the property which is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same. All the terms of any existing written agreements between Seller and Creditor governing the purchase of contracts are made a part hereof by reference. it being understood that Creditor relies upon the above warranties and upon said agreements in purchasing this contract. 350662-0294 PA PAGE 4 OF 4 PILE COPY PUG-19-1999 13:30 GP.EE.K PIT 1_PEE_IT E1 If.X.lyniTy?Emn?l(.i I•[TY, t11E?w a .IY. ?.. r 1"11 _ - - - - O6PARTMENYOF TRANSPORTATION CERTIFICATE OF TITLE FOR A VEHICLE 951450062000924-003 HP802018 YEN= OLAMI(ATDN NGNI(11 MH I 0 my H.! CUI !l4TC4 3/16/94 I 6/12/95 01110. 111.10 DATE 01'16119 81 I HALL, ,IA. w4 JI.1.,me 10, 000I l WIIDnI LWLICIN awn w MY I 6/12/95 .C. ,u174. - , DD]Y P4DED Da( 0AW Rx ij ODOMETER DISCLOSURE EXEMPT'BY FEDERAL LAY .1D1[1[gD gwgWll HEIDI 0 GILBERT t 152 SHIPPENSBURG MOBILE ESTATES SHIPPENSBURG PA 17257 nq1 Y{x rrc. ar. saDxD UVr I..Qp el SPHS BANK OF AMERICA FSBt 47027379402 GI "LE -1.11. 411, 673 5626 P.02110 ]cN. 1 slnp.Nxos EXEMPT I 4 =. IIJII C]DY Sidpl 0- K11:4 u4i.D1 . ull4i11YCi05 rwl V ¢rJU Cnl 1.. uiL2.. . _ 1..n1 Drt icnw.4i.cc ?. upT n{a?ylL.n[.Ctd00u(Ilr eNnr4D V(.r.D .. Iv1V11 (.DY DOWm.01icLC04.1 MIS ult"Nes ...NTDUE VlN.1f .. an D. rryxl.. 4 • prglryYV u.pD..O. xCxNi g1 11.`N A. y.ICµNM1 N.CIf l-UNFI9. v . D..tILr A A=6 nxlcLL ?..aoxmucTxD I • MCI% 90 Y. NI•C.l LDN.Mi R::uLO NN •..OD:NKLL ..p1V(11LV ..YI' (I A. I.awq JIVJINr J w. .1 VA-.:...n W.. W I., N. (m (l •1 ' WAlw. n b d NY LIN q 1. Wnlu pl Yp01 VIA"$ vfi N! .IIR U{x IE1/A1ED uwOC.JI. r.Ar..G l.s L 1 y {/ fECOIIDYLN gLy1H(C .• .T.ii"Sw'Rl•,YY....-....:urw:.i?;Y..•ibSDtllRRan'44-YT ]01'.11 YY'.-?J'i'... TL v+cac NDD11f{ 031007 nu .. ax rl axL SPHS BANK OF AMERICA FSB 180 SHEREE BLVD STE 3200 EXTON PA 19341 1 CIi1W .01 r. 41. vl YM iM DIICW M1iprb (L D. pMW14LmY C.6vpnCnl M TrNYppIYmOM1CI lpl IN OuaYypw cOTlYry NMDPOnImL 11104wIW 0.4I will Mg. O.gpx waq(xf. m w..anL r..Tw ••.•.L.mW.w+ N, 4.lrm. a lu. -....ncu n- -- wN, all u w.mnOrY.» w. ."I (D.... Nn.... BRADLEY L MALLORY nl Tr.n•pn..... e.. wwn Lo../w n, In .n l .... A. ll Y KW Np... erKL ev .r MM Ill f q.x i Lry 1 M1. rr M .vT Y'41WYl.rr CLIMMYI' . O: a. 1( u..n pal a YM1CrNip I-. lAl maA I.T..14 pL. wv».D....I -e _ t 0 .,..,... C..I.n A, n -1 w.n. ? L....... -. OEN INO V{N Cm S •' - ? Cx[p DOL .JrfVf u-i 1MJ :(? MY[ may, GI1Y ) nm 0, o n rica io c 0 N ( xc4 uc.. -XII4 N4YE mini cNN ? [N! i L DI EXHIBIT rlBll Certificate of Title AUG-19-1999 13:31 GPEEPIP0111T :PEN 7 T 61 .412 5'3 566 eb) Suuthpomte Boules;vd Suutlipointe Plana I Suite 3UU CvmnsburR. PA 11ji- Tl'L (T24) SL3-5S25 F.%x (C4) 573 iE20 JULY 14, 1999 HEIDI 0 GILBERT 152 SHIPPENSBURG MOBILE EST SMIPPFMSEURO PA 17257.9500 RE: Manufactured Nome Loan • Account NOCCO07320240700COI GreenPoint?0 Credit NOTICE OF INTENTION TO ACCII,Wle CtsMMU LEGAL ACTION OR REPOSSESS You are now in default on your Manufactured Home Loan Contract. if you correct the default, you may continue with the contract as though you did not default. your default consists of failure to make timely payments of one or more installments as agreed to 'n the terms of the contract. Thirty-one (31) days after the date of this notice, we may lava the right to commence legal action and repossess your manufactured home. Cure of default: Your may Cure your default by making payment in the amount indicated below: Past Out Monthly Payment(s) S 420.52 Late Charge(s) S 22.90 Total out Now S 443.32 Crea'tor's rights- Any partial payment of the amount due which is received by us will be applied to your at It. You will need to pay the full amount by the date indicated above in order to cure your default. If you lio not correct your default within 31 days due from the postmarked date of this notice, we may exercise our rights against you under the law by accelerating your debt and either repossessing your manufactured home or, if necessary, bringing a court action to obtain possession of your manufactured home. if we elect to exercise our rights against you by repossession of the manufactured hone you may, at any time before we sell or otherwise dispose of rho manufacturtl home or enter Into a contract for its sale or other, ,spas Ition, (which small be at least 45 days after postmark of this notice), redeem the manufactured home bpaying us all amounts due plus expenses reasonably incurred by us in detaching and transporting the man factured home to the site of the sale and our reasonable attorney's fees, to the extent permitted by law, pIOS court costs. If you hove any questions, write to us at the address above or call me at the phone number listed above between the hours of 0:00 a.m. and 5:00 p.m., Monday tnreugh Friday. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, please nerd a check or money order. Do not send ash. Manager CC: File P.04110 If any additional regular payment becomes due during this cure period, this payment must also be paid in order to avoid any further default. This corres;ordence is an atterpt to collect a debt and any information obtained will be used for that purpose. PA (144) EXHIBIT "C" Notice of Intent to Repossess } Y4 . r ^ V c U SHERIFF'S RETURN - REGULAR CASE NO: 1999-05246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT CORP VS. GILBERT HEIDI D BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon GILBERT HEIDI D the defendant, at 17:46 HOURS, on the 22nd day of September 1999 at 152 SHIPPENSBURG MOBILE ESTATES SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to HEIDI D. GILBERT a true and attested copy of the COMPLAINT - REPLEVIN and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 13.02 Affidavit .00 Surcharge 8.00 RAT ? 1 $3_S =. ERIN P. DYER 09/2 3 /199.9 by ?? epu y S eri Sworn and subscribed to before me this ? j..ut day of ,, " 19. 99 A. D. N? -FTO?f1037C??1? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit Corp., ) CIVIL DIVISION Plaintiff, ) No. 99-5246 civil v. ) Heidi D. Gilbert, ) Defendant. ) PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enterjudgment by default in favor of plaintiff GreenPoint Credit Corp. and against defendant Heidi D. Gilbert for her failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within twenty days from the date of service thereof. Defendant was served with the complaint on September 22, 1999 and her answer was due to be filed on October 12, 1999. Attached as Exhibit "A" is a copy of plaintiffs written Notice of intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the defendant at her last known address and to her attorney of record, if any, on October 13, 1999, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 1981 Hall Mark Manufactured Home., Serial Number HP802098, that being the relief demanded in the complaint. Erin . yer, Esquire PAID 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit Corp., ) CIVIL DIVISION Plaintiff, ) No. 99-5246 civil v. ) Heidi D. Gilbert, ) Defendant. ) Via Certified Mail # Z 047 928 670 and Certificate of Mailing Heidi D. Gilbert 152 Shippensburg Mobile Estates Shippensburg, PA 17257 Date of Notice: October 13, 1999 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BYATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVEA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator Cumberland County Courthouse 41h Floor Carlisle, PA 17013 (717) 240-6200 LAGreenPointQilbert, Heidi DkMN.wpd nn squire Z'O may for Plaintiff 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit Corp., Plaintiff, V. Heidi D. Gilbert, Defendant. CIVIL DIVISION No. 99-5246 civil AFFIDAVIT OF NON-MILITARY SERVICE & FAST KNOWN ADDRESS ERIN P. DYER, Attorney, being duly sworn according to law, deposes and says that he makes this affidavit on behalf of the within plaintiff, being so authorized avers that defendant's place of residence is 152 Shippensburg Mobile Estates, Shippensburg, PA 17257, and that she is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. § 501, et seq. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Enfi=P-Dyer,-Esquire - PAID Number: 52748 Attorney for GreenPoint Credit Corp. 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit Corp., Plaintiff, V. Heidi D. Gilbert, Defendant. Heidi D. Gilbert 152 Shippensburg Mobile Estates Shippensburg, PA 17257 CIVIL DIVISION No. 99-5246 civil NOTICE Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that: JUDGMENT BY DEFAULT has been entered against you in the above proceeding. Prothonotary of Cumberland County ? 1^ ?Y(( / uJ' a. tom, ?yir?_ N ? 1 1 ? J L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit Corp., ) CIVIL DIVISION Plaintiff, ) No. 99-5246 civil v. ) Heidi D. Gilbert, ) Defendant. !5 Z 5?,c(?p?titsl?? ?rh.F) ???? PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Kindly issue Writ of Possession in the above matter and direct the Sheriff to: Deliver possession of the following described property to GreenPoint Credit Corp.: 1981 Hall Mark Manufactured Home., Serial Number HP802098. 2. You are directed to inform Heidi D. Gilbert that she has ten (10) days to remove personal items. 3. After ten (10) days a motor truck will transport the 1981 Hall Mark Manufactured Home to a predetermined area or the plaintiff will secure the mobile home with a new lock for later transport. 4. To satisfy the costs against Heidi D. Gilbert, you are directed to levy upon any property of Heidi D. Gilbert remaining after the above-mentioned time period and sell her interest therein. Erin l"-, squire PA ID Number: 52748 Attorney for GreenPoint Credit Corp. 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 U CT `/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit Corp., Plaintiff, V. Heidi D. Gilbert, Defendant. CIVIL DIVISION No. 99-5246 civil PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Kindly issue Writ of Possession in the above matter and direct the Sheriff to: 1. Deliver possession of the following described property to GreenPoint Credit Corp.: 1981 Hall Mark Manufactured Home., Serial Number HP802098. 2. You are directed to inform Heidi D. Gilbert that she has ten (10) days to remove personal items. 3. After ten (10) days a motor truck will transport the 1981 Hall Mark Manufactured Home to a predetermined area or the plaintiff will secure the mobile home with a new lock for later transport. 4. ro satisfy the costs against Heidi D. Gilbert, you are directed to levy upon any property of Heidi D. Gilbert remaining after the above-mentioned time period and sell her interest therein. SR:Ef Erin . , squire PA ID Number: 52748 Attorney for GreenPoint Credit Corp. 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 t ti 1 d L > .. j ?rt?ro.' ? 1 I 1 Y 8 . N M NIO ci ' 3 y I I b I ; N INN I i ? ? I r ie 00 t 1 1 I I I i I O ? O '? n ;N n - _O T >? :a n n :. 'z z yZ z 0 ' M 0 . r• ? X ; ;0, a n rT w d ? n N I+ K - I ^ Z v x J NFO C I i ^ i z I By virtue of this writ, on :he --------------------- dayof ----------------------------- ----M- 1 caused :he wickin named ----------------- m c'- ------------------------------------------- a•c>--ca--•, in':e possession or he pr,-rz:isrs described :vic:::hr. i ureaanca:. R. Thomas Kline, Sheriff, who being_ duly sworn accordin tg__ m _ sfaEe"s-fhis writ is =eturrie? STAYED per instructions from the??p,ttoZAey.j?j Sheriff?s-i'ostsr------------------------------------ UL 7Cdtf8fl-Cosf-sc------Sf Docketing $18.00 Sheriff's Costs: 27.54 Eoundc'we---------- ------- 54 -------------------•---------------------------------- 7 2:<}6------- Prothonotary 1.00 Surcharge-- __ 8.00 $27.54 pd by atty day of 2ULi2_- Sworn .t?------------------------ i Pn>shonoun --------- :o neiorc me m:s .?___.__-- tent.` - ------- ?e ----------- C k. 1.0%) Rw M40 WR1T OF POSSESSION (Ejectment Proceedings PRC P 3160 - 3165 etc) ---Gle lint Credit V-. Heidi D. Gilbert 152 Shippensburg Mobile Estates SAPPensburg PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL7N-rY, PE-VN SYLV :k..NT.-k 99-5246 Civil No. -------------------------------- Term 19------ - -------------------------------- Term 19------ An'y. - PI'Ef (s: Prorhy. -------------- Costs ]08.52 5------------ 1 00 CM,nfONWE.ALTH OF PE\-VSYLV.;.YIA: COUNTY OF CUMBERL.AIND: To the Sheriff of ___ CUMBERLAND . County, Penna. 1'; To satisfy the judgment for possession in the above matter you are directed to deliver possession M the roll . owing describedproperty,to: GreenPoint Credit Corp. _____ P!air.dff 's' being : Premises as Follows) : 1981 Hall Mark Manufactured Home Serial Number HP802098 2) To satiny the :osrs against the defendant !,s) you are directed to tee-r upon any property of ±e deien• dant t) and jell his her or uheir) !nte.esi c.erein. CURTIS R. LONG .---------------------------------------- Prorhonotarr. Cam. on !eas Curt of C•aame:!and rr, Penna. October 28, 1999 Dare --------- ------------------------ ; I SE.?I. i Dew.