HomeMy WebLinkAbout01-4771IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
CIVIL DIVISION
No. ~/~ Z--/77/
Complaint in Civil Action - Replevin
Richard B. Howland and
Penny L. Howland,
Defendants.
Filed on behalf of:
GreenPoint Credit, LLC
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC, )
)
Plaintiff, )
)
v. )
)
Richard B. Howland and )
Penny L. Howland, )
)
Defendants.
CIVIL DIVISION
No. ~/_ ~'~1
Complaint in Replevin
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 Al' ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOVV TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 liberty Avenue
Carlisle, PA 17013
(800) 990-9108
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
GreenPoint Credit, LLC,
Plaintiff,
Richard B. Howland and
Penny L. Howland,
Defendants.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No.
Complaint in Replevin
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit, LLC, by and through its attorney Erin P. Dyer,
Esquire and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit, LLC, hereinafter referred to as "Plaintiff" or"GreenPoint,"
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. Richard B. Howland and Penny L. Howland, hereinafter referred to as
"Defendants," are individualswhose last known address is 101 Rustic Drive, Shippensburg,
PA 17257.
3. On or about November 17, 1999, Defendants purchased a 1999 Titan
Riverbirch Manufactured Home, Serial Number 19990653924AB (the "Mobile Home"), from
Country Side Village Homes, (the "Seller"), and entered into a written Manufactured Home
Retail Installment Contract and Security Agreement, (the "Security Agreement") for the
payment of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A."
4. Seller assigned its interest in the SecurityAgreement to Plaintiff, GreenPoint.
GreenPoint perfected its security interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$60,000.00 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 July 26, 2001, the Defendants' payments of interest
and principal were in arrears in the amount of $719.66. Pursuant to the Acceleration
Clause in the Security Agreement the amount outstanding as of July 26, 2001, is
$59,284.40.
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.
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
c. Costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
11. In order to bring this action GreenPoint Credit, LLC was required to retain an
attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNTII-DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit, LLC,
alleges the following:
12. Paragraphs I through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants in the amount of $59,284.40 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 Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\Howland, Richard & Penny\CM.wpd
VERIFICATION
Don Turosik, Collection Manager and duly authorized representative of Green Point
Credit, LLC, deposes and says subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing are true and
correct to the best of his knowledge, information and belief.
Don Turosik
Collection Manager
GreenPoint Credit, LLC
JUL-31-2001 12:43 GREENPOINT CREDIT E1 412 8?3 5829
,--,-,,,, ,~,~~T nONT~T, SECURI~ AGREEMENT, i lucan~n ~0~
~RBITRATION OR REFERENCE UH/H~AL ~i ~u~ ~u ~US~
,UYER(S): NAME: ~ L. ~OM~D ] / ..............
NAME' RIC~:A~D B. HOWL~ND
COUNt: CU~ERL~D
uYE~'S 21~NAMe: --
oO~Ess: ,, E ~URD ~T ~/ Ci~:SHIPPE~SBURG ~TATE:PA ZI~: 1725~
,~OPOSEOLOCAT[ONOF~ANUFACTUR~O~OME:~ RUSTIC DR, SHi~PENSBURG, 9A 17257
I," "me," "myself" or "my* mean all persons who sign this Contra~ as 0uyer or co-buyer, jointly and severally, and "you" or
your" mean the Seller and any assignee. This Contract will be submi~ed to the Creditor indicated below, at a local office and.
tpprove~, it will be ~ssigned to that Creditor. On the date of this Contract, ] buy from you on a credit sale b~s{s the manufa~ured
~ome described on p~ge 2, together with furnishings, equipment, appiances and accessories included in the manufa~ured
mae st the time of purchase (ca[bd "Manufactured Home").
;REDITOR; GREE~POINT CREDIT, LLC
~ROMISE TO PAY; I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of th;~
=ontract (Item 5) with interest at the initial rate of 8. S 0 .% per year. The interest rate I wit1 pay will change in accordance
Mth the provisions of this Contract. I will pay this amount in instatlments as shown in the payment schedule, or as recomputed
due to changes in the interest rate, until the Unpaid Balance is fully paid If, on 11/19/29 , I stilt owe any amount under
[h[s Contract, I will pay such amount in full on that date, which is called the "Matur[t~ Date," Each monthly payment w[[I be
appfied as of its scheduled due date. If no interest rate is disclosed show, the init[a{ interest rate is the Annual Percentage Rate
shown below.
INTEREST RATE: My [n[tial interest rate may not be based on the index used to make later adjustments, My interest rate may
change 1! months after my first payment is due and every 12 months thereafter based on movements [n the
average of mterbank offered rates for one year U.S. dollar denominated deposits in the London market based upon the quotation
of major banks as published [n the "Money Rates" section of The Waif Street Journai on the first publication day of each month,
and known as the London [nterbank Offered Rates (LIBOR), which is the index rate. This is called my 'interest rate
change date." My interest rate cannot increase er decrease by more than 2 . 00 % at any interest rate change er by more than
5.00 % ever the term of the Contract. The interest rate will equal the index rate in effect 45 days before the interest
rate change date plus a margin of 4 . 25 % (rounded to the NEARE2T i/8 of one percentage point) unless
the interest rate caps lim{t the amount of change in the interest rate. If this index rate is no longer available, you may choose a
new index that is based upon comparable information.
ANNUAL
PERCENTAGE
RATE
a yeady rate (wn[¢h is
~ubiect to change):
10.75 %
FINANCE CHARGE
c~e~R will c~$t me (w~ich
is subject to ~hange):
$ ]_35,550.22
Amount Financed
provided to me or un
my behalf:
$ 5~, 527,5O
See ."7 ~pa~e g)
prepayment refunds and penaltms My
Prepayment: If I pay off early, I will nut payment
have to pay a ~e~Al~, but I will ~t be js~edu e
e~ed ~ a refund of ~e Prepaid IWill
Securi~: I give you a secud~ i~terest in ~e goo~s er p~pe~ being pumheseo.
$ 5.00
Total of Payments
The Amount I wit1 have pald
after I have made all
which is subje¢~ to change):
$ !92,177 .72
F~n. Ch~ge * Amount F'ln.
Total Sale Price
The totsl cost cf my
ourchssesn credit
(which IS subjec[ to
change) including my
$ 7,000.oo :
199,!77 ,72
Tqt~I Pay. + Down Payment
Amoun:of When pa~m~ent.s Are Due '
t~ayments
452 . 25 [Monthly. beg,nning DECE~ER ~9 !999
536 . ~4 [Mcwa~y, Ueginmng DECE~ER 19 ~g00
Mon'~[y, beginning
The above disclosures are based on terms
of PaymentS, Annual Percentage Rate, Fh'
EXHIBIT "A"
more or less than disclosed above,
JUL-31-2801 12:44 GREENPOINT CREDIT 61 412 873 5827 P.BS/18
F
'~-~= HOMES, iNC
Description of TRADE NAME - & ~" '~ '
ManUteCtU~ed
Iome: Y~R: 1999 NEW: X
USED:
MODEuRiVERBIRCH
L~NGTH: 54 fi, WIDTH: 28 tt
ADDITIONAL AIR CONDITNG
ACCESSORIES
ANOFURNISHING$;D~CKS
] .~I~CHORS
I BR, CHIYiNEY
SERtAL NUI{I~ER ~
i!!799
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price (including Sates
Taxof$ .00 ):
2. a. Cash Down Payment
b Trade-In (Year, Make, Model):
Length Width
Gross Value S ,00 Liens$
$ 63,500.00
$ 7,000.00
.00
(Seller to ~ay ~)
.00
/,300.OC
56,500.00
$ .00
$ .00
Nel Trade-in Value $
Total Down Payment
3. Unpaid Balance of Cash Price (1 minus 2)
4, Amounts paid to othere on my behalf:"
a. To insurance Companies;
(1) Proper~ InsuranCe
(2) Credit Life InsuranCe
b. TO Public (}tic;als:
(1) Cediflcate of Title
(2) FILING FEES
c. To Creditor:
For: OR!~ FEES
d. To:
S 22,50
For;
$ ~ .00
$ 2,262.18
e. TO:
For:
To:
For:
$ .00
$ .00
$ .CO
g. To: GREENPOiNT CREDIT, L
$ 2? .00
For: FLOOD FEE
h. To:
For;
$
Total (a* b + c* d +e + f +g +h
2,316 .68
58,8-o .6~
2,289 .18
5, Unpaid Balance (3 plus 4) $
$
B, Prepaid Finance Charge
7, Arnoun Financed(Sminu~6 ' I $ 56,527 ,50
' 1 understand and agree that a portion of certain of the~e amounts
may be retained by you or your affiliate.
INSURANCE :
PROPERTY INSURANCE: Property Insurance on the
Manufactured Nome is required for the term of this
Contract I have the right to choose the person through
whom it is obtained, By marking the appropriate line
~elow, I elect to buy the coverage indicated from you
for the term and premium shown, and t want it financed
this Contract.
Type of InsuranCe Term Premium
-- pn,/si¢&tOarnageOover~ 0.M.,DS $ ,00 ,,-
BROAD FORM $
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INGLUDFD UNLESS INDICATED IN
THE PROPERTY iNSURANCE SECTION ABOVE.
CREDIT LtFE INSURANCE: Credit Life Insurance is
not required for this Contract or a factor in its approval.
tf I elect Credit Life insurance, the name(s) of the
proposed insured(s)
Prooosed Insured
Proposed insured
(Only spouse can be insured jointly,)
This insurance may not pay off all of my debt, and the
ex~ct 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
(signature)
Date
(signature)
Cf joint coverage is" "-ired, both proposed insured$ must sign
ARIABLE RATE:
Monthly Payment Changes. My monthly payment amount will change each time my--~erest rate is ~.djusted. I will pay the
amount of the now monthly payment beginning the first monthly payment at the interest rate change date. The monthly
payment amount would fully amortize the remaining unpaid balance I am expected to owe on the interest rate change date at
the adjusted interest rate in equal monthly paymer~ts over the remaining Term of this Agreement.
· Notice of interest Rate and Monthly Payment Changao. You will send me notice cf an adjustment in the interest rate and
monthly payment at least 25 days before the Adjustment. This notice will contain information about the index rate, interest
rate, payment amount and remaining unpaid balance.
· Conversion to Fixed Rate. [ may choose to convert this Contract to A fixed rate Contract at any time beginning
years from the date of this Contract and ending 30 years from the date of this Contract. in
order to convert to a fixed rate, I must not be in default under the terms of this Contract, [ must notify you in writing of my
desire to convert to A fixed rate, I must execute a revision agreement and [ must pay a nonrefundable conversion fee, The
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive my
written notification. The new fixed rate will take effect on the "Conversion [Date," whiot~ shall be my next payment due date
that is at least 3
nonrefundable c~ersion fee of $ 200.00 . The new fixed rate and the Conversion Date are subject to
change if my revision agreement and fees are received after the date spec[fled in the revision agreement. My new payment
amount will be effective with the first payment following the Conversion Date.
SECURITY iNTEREST: I grant you
~11 goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment And
3thor goods furnished with the Manufactured Home (whether or not ~nstal!ed or affixed to it) [nc]uding but not limited to the items
listed as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiums
financed in this Contract. (4.) Any substitutions or replacements of the ioregoing, and (5) ail proceeds of such Manufactured
Home and accessions, end of any Additional Accessories and Furnishings This security interest secures payment and
performance of my obligahons under this Contract, including any additienat debt arising because of my failure to perform my
obligations u~',der this Contract ~nd includes any contractual extensions, renewals or modifications. My execution of this Contrsct
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I will
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you tO perfect your
security interest in Any personal property and fixtures. I agree float you may file this security instrument or a reproduction thereof
in the real estate records or other appropriate index as A financing statement for any of the items specified above, Any
reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewe, ls, or
amendments thereof, shall be sufficient to perfect ~ security interest with respect to such items.
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAl. PREPAYMENT,
THERE WILL BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES.
PROPER'FY INSURANCE:
a, Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against loss by fire, h~zards inciuded within the term "extended coverage" and any other hazards,
including flood, for which you require insurance, in an amount equal to the lesser Of the actual cash value 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 contain a loss payable clause protecting 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 Add any additional loss payee to the insurance
policy, [ have the right to choose the person through whom the propert'y'insurance policy is obtained. [f my insurance
coverage expires or is cancelled prior to payment in full of this Contract, I must obtain no less the~ the Minimum Coverage at
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are not
obligated to, obtain insurance coverage, I agree that any insurance you purchase may be for the protection of only your
interest in the Manufactured Home, may not fully protect me in the ~v¢.nt of a loss, and may be for such reasonable period as
you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus
interest at the Contract rate, will be added to my debt. I will repay ouch Amount during the term of the policy in the manner
requested I~y you, I understand that the insurance premiums may be hlgher ff you mUSt purchase the insurance than might be
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receive a profit for this service,
OR][GTNAL COPY
3'UL-31-288~. ~.3:~.6 GREENPOINT CREDTT 6~. 412 8?3 582? P.&8/&5
~ ~;8qmen[ and APplication of In%~rance Proceeds. I hereby 9ra~t and assign to you the ~roceeds of any and
~nsuradce coverage on the Manufactured NOme, including any Opbonaf COVerage, ~uch as eadhquake
~pe or amount is beyond the Minimum Coverage, ~ the event of a ~oss t~ the insurance, which
to you a~d the insurance C~rrier. ~ I
sure,ce proceeds, inciudin~ roc to~s to the insurance Carrier,
or your 8ecun~ mt~r~st Would be I~ss~ned, you shall apply the insurance ~rOce~d8 not pram~al or
of this Contract, whether Or no~ then due, and g~ve to the remaining Unpaid balance
If such restoration or repair ~s
appoint you as my limited me any excess, t authorize any insurer to pay you directly. I hereby
~nSurance Payments. a~orney-Jn.fact to Sign my name to any check, dra~, or Other document necessa~ to obtain such
LATE CHARGE: I agree to Pay a leto CharBe for late PaYment as set fo~h on ~he front of this Contract. Only One
be made on any delinquent inst~llment regardless of the period for which thzt installment remains in default, A~er this Contract
matures, Whether by acco/oration or o~he~ise, I will not be charged a late Charge, late charge will
-eVENTs OF DEFAULT; I wit1 be in default Under this Contract E: (a~ t fa~ to make
hake rental Payments, or to pay
4anufactured Home ~s located; (c) other charges ~nd assessmen . ~ny Psyment when due;
J v~o/~te restrictive COVen*-. ts, ,elating to the rea~ -- (b) I fail to
/here the ManUfactured Home Js located; (d) I fail to keep the Manufac~ure~ ~-¢ ,u,~u~g to the re ..... %~ n which the
~.~s, ru~es o/reou ali ...... F'°Pe~ and/or faci/i o ·
~asonab~y determine; (e) J remove the Manufactured Home from the address 9cOd repair ~nd conditfo~, as you may
H~me ~n a. ~.~ and/or facili~
~Vance and receive your wriHen consent; (0 ~ sell shown on this Contract unless I notJ~ you
Omc w~thout first obtaining your or a~empt to
st obtaining your wr ua- -" Wn~en consent (o~ I =~J~,., .~ . sell or to transfer any beneficia~ interest in the Manufactured
,, uonsent; (h) I encomk~. ~'~. me Manufactured Homo +-
;mptly pay any t~es a~d Other liens and -~' ~ aoandon the Manufactured u~ '~ become Pad =f any re-, - · -
e~cumbrances on the ManUfactured Home u .... ~or rare or i/legal/y; (0 ~
:ate~, ~ this ~s my responsibi/i~; a~d/or O) ~ foil to do an~hing else Which I have promised to do under this Contract.
~TICE OF DEFAULT; if a~y of the above specified Events of Default or on the real prope~ on which
rect my default. You will, except as set tush below, first give me a Not,ce of Default and Right to Cure Default before you
elorate payment of the remaining Unpaid balance I have OCcurred, you may do whatever is necessa~ to
~tra~, The Notice will tell me wh~t my default is and how I can cure it. E~cep~ as required by applicable Jaw you are not
owe you or repossess or foreclose on any prope~ Which secures this
Hred to send me this Notice When (1) you have already sent a Not/ce ~vice w~th~n the preceding'
3do,ed or voluntarily SUrrendered the Manufa~ured HOme, or (3} ~ther extreme mrcumsta~ces ex~e'ye~r Deriod, (2) ~ have
E OF DEFAULT; I may cure a default at .
:least ~ days a tar race t of . any time before title to the
~ would have been due ~nP~ ~? Not,ce cf Default and ~i~,. - ManufactUred Home is transferred from me, which will
~re due; t,,o auSence of default and a~'.' ~¢ ~ure Defau/L To Cure a default, I must pay: (a) ail amounts
r Sale. I · ~,~rar[on; (b) the a~orney fees set fo~h below; (e) a~y late char~es
and (d) reasonable costs whtch ar~ actually recurred for detsch~ng and transpo~in the
must also Perform any other ob~tgat~on I Would have had to Perform Jn t~ g Manufactur ~
ne absence of default, e~ HOme to the
~OIES UpON DEFAULT. ~f I d
ed interest Or [b~ ..... mmed~ately pay You ,~_ ~'%. ullowmg at the end .
~u Under this Contract. If yo~ are not ' / ~vu van repossess the ~s.~.. ~: ,',~ entire rems' .~ . of the nollce
',,~-u~actured H ~ .... m,.~ unpmd bal~-~ -
~ghts immediately u~on my reqUcred to send me the Notice o.,,~ ~sUant to the ..... --~ ave
default Once you get Possession cf O6~ault and Right to Cure Default, you will have
~, a~er expenses, is ie~s ~han what I owe you, I wJ/J Pay you the d~erence ~cun~ interes~
of the Manufactured Ho~e you will set/it. If the amount from
~s are CUmulative and you may enforce them separately Or together in except as othe~ise provided by law. All
AT/ON OF DISPUTEs AND WAIVER OF JURY TRIAL: an',, order you dee~ necessa~ to prOtec~ your
~e Resoi~ion. Any cgntroversy
;ontract or any agreements or claim baleen
or instruments relating t~ro~m°ng you and me er
f on or arJeing from an al/e~e~ to~, shall, ~ requested by either yo~ connection with th~s Contram, including any c/aim
/ a./~dge a~ provided below. A cOntr v ' · delivered our ass/~nee~ arising out of or relating to
~nsmg from a Single transaction, sh~ ~rs~ revolving only a sim~l~ ~r. me, be determined by arbitration,
Uned by )udJc at referen or
=~ De Oetermined bv ark;,.-~ ~ c~alma~[, or c~aimants wh~ ~- reference,
ed Jacks the n~,~., ce of the cO~trove~. ,_ ~ ~,-auon as described delow ~.. ~ ~e related or
,NDERsT~,~;~. ~o appoint a ref~.~ '~ ~ a referee ePDO~nta~ k ...... Y uther controversy Shall b~
wE oy by a oou tho
BY ~ ':,'~- UONTRovERSy O~,"~ UP THE RIGHT ~n;~,ra Ju~, as d~scr~bod ~" Where the controvers
~UUGE. ~ ~IM 8 DEC ~-- -- -~'~ ~Y JURY -.,- below. YOU AND ~ ~- Y
SUL-~l-2ggl ~.2:4E~ GREENPO~NT CREDIT ~l 412 873 582? P.g3/10
-- CAT'E, O FiI':FIT L E~FO*>
)DOMETER:
-::SKI: '.RUSTIC OR
HIPPENSBURG PA 17~57
~3t007
GREENPOINT CREDIT'CORP
400 50UTHPOI NTE
STE
CANONSBURG PA 15317
EXHIBIT "B"
JUL-3i-2gC1 12:42 GREENPOINT CREDIT 61 412 873 582? R.04×10
S'~d~pomte plx~a I, Suito
Canon~burg, PA 15317
Tel. (724) $73-5825
F~x($O0) 959-7395
GreenPoint ~ Credit
$ 1,109.66
$ ~O.OO
If
EXHIBIT "C"
SHERIFF'S RETURN - REGULAR
CA~ NO: 2001-04771 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
HOWLAND RICHARD B 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
HOWLAND RICHARD B the
DEFENDANT , at 1941:00 HOURS,
at 101 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
PENNY L HOWLAND
on the 20th day of August , 2001
by handing to
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.65
Affidavit .00
Surcharge 10.00
.00
41.65
Sworn and Subscribed to before
me this 3~--' day of
0,~.,~ -~f A.D.
~othonotary ,~z~
So Answers:
R. Thomas Kline
E0~I/p2D0~i~.R /~/ ?
Deputy' S~er±ff
SHERIFF'S RETURN -
CA~ NO: 2001-04771 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
HOWLAIqD RICHARD B ET AL
REGULAR
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
HOWLAND PENNY L the
DEFENDANT , at 1941:00 HOURS, on the 20th day of August
at 101 RUSTIC DRIVE
, 2001
SHIPPENSBURG, PA 17257 by handing to
PENNY L HOWLAND
a true and attested copy of COMPLAINT - REPLEVIN together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this do~ day of
So Answers:
R. Thomas Kline
08/21/2001
//
Deputy Sherim~f ~
~.. _ ~. ~f A.D.
Pr~tMonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
Richard B. Howland and Penny L.
Howland,
Defendants.
CIVIL DIVISION
No. 01-4771 Civil
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default in favor of Plaintiff GreenPoint Credit, LLC and
against Defendants Richard B. Howland and Penny L. Howland 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 August 20, 2001 and their answer was due to be filed on September
10, 2001.
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
Defendants at their last known address and to their attorney of record, if any, on
September 13, 2001, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1999 Titan Riverbirch Manufactured
Home, Serial Number 19990653924AB, that being the relief demanded in the Complaint.
Erin-"F~-Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Attachments:
Ten Day Notice -- Exhibit "A"
Affidavit of Non-Military Service & Last Known Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC, CIVIL DIVISION
Plaintiff, No. 01-4771 Civil
Richard B. Howland and
Penny L. Howland,
Defendants.
Via Certified Mail #7000-t670-00'13-4594-5550
and Certificate of Mailing
Richard B. Howland
101 Rustic Drive
Shippensburg, PA 17257
Date of Notice: September 13, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AN D YOU MAY LOSE YOUR PROPERTY ~R
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 Association
Carlisle, PA 17013
(800) 990-9108
(717) 249-3166
Erin uire
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPolnt\Howland, Richard & Penny\TDN - Richard.wpd ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC, CIVIL DIVISION
Plaintiff, No. 01-4771 Civil
Richard B. Howland and
Penny L. Howland,
Defendants.
Via Certified Mail #7000-1670-0013-4594-5543
and Certificate of Mailing
Penny L. Howland
101 Rustic Drive
Shippensburg, PA 17257
Date of Notice: September 13, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS'TO THE CLAIMS SET FORTH AGAINSTYOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A H EARING AN D 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 Association
Carlislel PA 17013
(800) 990-9108
(717) 249-3186
Erin P. Dyer, Esquire
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
FILE
L:~GreenPolnt~owland, Richard & Penny\TDN - Penny,wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
V=
Richard B. Howland and
Penny L. Howland,
Defendants.
CIVIL DIVISION
No. 01-4771 Civil
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and
says that he makes this Affidavit on behalf of the within Plaintiff, being so authorized
avers that Defendants' place of residence is 101 Rustic Drive, Shippensburg, PA
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.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
Vo
Richard B. Howland and
Penny L. Howland,
Defendants.
CIVIL DIVISION
No. 01-4771 Civil
Richard B. Howland
101 Rustic Drive
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
Richard B. Howland and
Penny L. Howland,
Defendants.
CIVIL DIVISION
No. 01-4771 Civil
Penny L. Howland
101 Rustic Drive
Shippensburg, PA 17257
NOTICE
Pursuant to the requirements of Pa. R.C.P. 236, you am hereby notified that:
JUDGMENT BY DEFAULT has been entered against you in the above proceeding.
P-~'th~-n"'ot~ of (~ur~e-r~/,~ County
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
Richard B. Howland and
Penny L. Howland,
Defendants.
CIVIL DIVISION
No. 01-4771 Civil
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:
1999 Titan Riverbirch Manufactured Home, Serial Number 19990653924AB.
2. Inform Richard B. Howland and Penny L. Howland that they have ten
(10) days to remove personal items.
3. After ten (10) days a motor truck will transport the 1999 Titan Riverbirch
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 Richard B. Howland and Penny L. Howland
remaining after the above-mentioned time period and sell their interest therein.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
GreenPoint Credit, LLC
VS.
Richard B. Howland and
Penny L. Howland
No.
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Costs
01-4771 Civil
~erm
Term
Att'y. $ 127.15
Pl'ff (s) $
Prothy $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland
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
Plaintiff (s)
being: (Premises as follows):
1999 TitaB Riverbirch Manufactured H~ne
Serial Number 19990653924AB
101 Rustic Drive
Shippensburg, PA 17257
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dam (s) and sell his/her (or their) interest therein.
Date
October 1, 2001
(SEAL)
Curtis R. Long
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
This netion returned STAYED, No Act±on Taken, as per Arty on 10/12/01
tO
Sheriff ' s Costs:
Doc-~tin~ $
Pourllag~ 1.25
30. O0
Advance Costs= 150.00
86.10
Refunded to Arty on 10/15/01
Sworn and subscribed to before me this ,~--
day of ~ , ..2oo[
Prothonotary
Sheriff