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Home My WebLink About04-3782IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoim Credit LLC, Plaintiff; V. Robin R. Moore and Johnny P. Moore, Defendants. CIVIL DIVISION TYPE OF PLEADING: Complaint in Replevin FILED ON BEHALF OF PLAINTIFF: Greenpoint Credit LLC COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Chad R. Callahan PA I.D. #82058 Gregory W. Bevington PA I.D. #92143 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, CIVIL DIVISION PlaintJ££~ No. Robin R. Moore m~d Johnny P. Moore, Defendants. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (7~7)249-3~66 (800)990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff: V. Robin R. Moore and Johnny P. Moore, Defendants. CIVIL DIVISION No. COMPLAINT IN REPLEVIN AND NOW, comes Greenpoint Credit LLC, by and through its attorneys, Edward F. Voelker, Jr., Esq., Chad R. Callahan, Gregory W. Bevington, and Voelker & Associates, P.C., and avers the Ibllo~ving in support of its Complaint in Replevin: 1. Robin R. Moore and Johnny P. Moore, hereinafter referred to as "Defendants." arc individuals whose last known address is 7 Cherokee Drive, Lot 78, Shippensburg, PA 17257-9014. 2. Greenpoint Credit LLC hereinafter referred to as "Plaintiff," is a limited liability company and is duly authorized to conduct business in the Commonwealth of Pennsylvania. 3. On or about March 20, 1999, Defendants entered into a "Retail Installment Contract. Security Agreement, Waiver of Trial by Jury and Agreement to Arbitration or Retkrence or l'rial by Judge Alone," hereinafter referred to as the "Security Agreement," whereby Defendants purchased and financed from Mt Rock Homes, Inc., a 1998 Commodore Corp., Genesis NR501 manufhctured home (serial no. CW32665A) with certain furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the "Manufhctured ltome." -1- A true and correct copy of the Security Agreement is marked as Exhibit "A" and is attached hereto and made a part hereof. 4. It is believed and therefore averred that the Manufactured Home is located at thc residence of Defendants. 5. The Security Agreement was assigned for value to Plaintiff's predecessor-in-interest. Greenpoint Credit Corp., on or about March 20, 1999, as permitted by the Security Agreement. 6. The Security Agreement was subsequently assigned for value to Plaintiff as permitted by the Security Agreement. 7. Pursuant to the Security Agreement, Defendants promised to pay the financed of $31,809.00. 8. As security fbr the loan, Defendants, by the Security Agreement, granted Plaintiff's predecessor-in-interest a security interest in the Manufactured Home. 9. PlaintifFs predecessor-in-interest perfected its security interest in the Manuthcturcd Home by having an encumbrance placed on the title thereto. A true mad correct copy of the Certificate of Title for a Vehicle is marked as Exhibit "B" and is attached hereto and made a part hereof. I0. Plaintiff avers that the approximate retail value of the Manuthctured }lomc is unknown at the time of filing. 11. Defendants have defaulted under the Security Agreement by failing to make payments when due. As of July 21,2004, the delinquent payment amount due and owing from Deikndants to Plaintiff is $2,536.89. 12. As of July 21,2004, the amount owed by Defendants to Plaintiff, not including attorneys' f~es and damages for the unjust retention of the Manufactured Home, is $33,138.69. The interest on said amount is accruing at the daily rate of $9.72. 13. Defendants have failed to surrender the Manufactured Home upon Plaintift's demand. 14. On May 6, 2004, Plaintiff provided each Defendant with a Notice of Dethult. true and correct copies of the same are marked as Exhibits "C" and "D" and are attached hereto and made a part hereof. l 5. Plaintiff is now entitled to intmediate possession of the Manufactured Home. 16. Plaintiff is entitled to attorneys fees under the terms of the Security Agreeme~t. WHEREFORE~ Plaintiff claims judgment for possession of the Manufactured Home or the value of such in the sum of $33,138.00, plus attorneys fees in the amount of $600.00, costs, interest from July 21, 2004, and damages for the unjust retention of the Manufactured Home. -3- Respectfully submitted, VOELKER & ASSOCIATES, P.C. Chad R. Callahan Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsbttrgh, PA 15219 (412) 765-0543 -4- RETAIL INSTALLMENT CONTRACT. SECURITY AGREEMENT. ~ %~. uo~.~,~,= ~'o1 o3 · o; ~" W~R OF TRI~ BY JURY ~D AGREEMENT ARBI~ATi~ OR REFERENCE OR TRI~ BY JUDGE ~ONE ~. ~E: ' - PHON~ 26~-358~ ~,a~: 167-5~-6839 "1," 'm~" "~ or "~" ~n ~1 ~m~ ~o sign ~ Co~ as ~yer or ~-~yw, ~i~ and ~v~, ~, ~ will be ueion~ ~ ~at ~md~r. On ~e d~e of ~ia ~n~ [ b~ ~m you on ~e at ~ Urea of pu~e (~l~d "Man~a~md Home~. ~O~E TO PAY: ~ pmm~e ~ ~y ~ ~ eu~ ~mss ~ you ~y d~ ~e Unp~ ye u~il ~ d~ ~ ful~ ~i~. I wl~ pay ~ ~nt In i~lmen~ = e~wn in ~ ~nt la ~1~ ~d. If, on_ 03/~ 8/2 ~ , I ~ owe ~y ~u~ under ~ ~ntm~ I ~11 ~y e~h amouM ~ ~led ~e "M~r~ ~." Ea~ m~ paint will ~ ~pl~ aa ~ i~ a~ur~ due d~e. If no I~ ~ ~ d~ ~ve, ~ Inte~ ~ ~ the ~n~l Pe~ge R~e sh~ ~w. ANNUAL PERCENTAQE RATE '~e ¢~1:of my e. ~y mm: 11.50 F)NANCE CHARGE 'li-,e dolor amount ~te $ 65,190.C0 Amount Financed Total of Payments TotaJ 8al® Prioe 'The to'~J ,cx~sof my $ 3,535.00 : mp~,,m~nUnfulJbefom~*~e,m:~heduled~3i~- 300 18 323,33 {Mo~ly,~gln~ APRIL 18 lg 99 ~.. ~ i ' S 5.00 ORIGIi~AL COPY Manufactured : Nome: YEAR: 9 8 N~. X USED:. NUMaF, R~ CW3266 SA ADDF~ONAt AI-~ CO/~-DI T~G AC~ _~'~__~ STEP~' ~ : ....... AND PURNISHIN(~S; - "' '- ' SKIRTING TTE Net Trade-In Value $ .00 IDiot [k~wn Payment ......... $ '3,535.~b 3. Unp~la~h~(l~n~ $ 31,465.00 a. To I~ur~ ~m~: (1) ~l~ur~ ..... S 289. O0 {1)~ of~ .... $ 22.50 ~) FIL~G ~S 8 5. O0 ' .... = Tu C~r: ~"' ' ..... ~: S % 00 ~: N~Y F~S ....... I S '2T .50 e. To: ' ' ~ '.~5'" f. To: To: For: h. To: For: Unpaid Balance ~ 8. ~epaid Rnanoe Clmrge ................... $ 31,809. O0 .C0 31,809.0_0._ 7. Amount Hnanced (5 minus 6) ....... $ * I under~tsnd and agree that a portion of Detrain of these amounts may be retained by you or your aBlliate. PROPERTY INSURANC~ Property Inaumnoe on th Manufaotured Home ie required for the term of t~l Contra~ ! have l~e right to (~:ee t~e pemon whom it as obtained. By marking tho app~pr~.te lin, below, I elect to I~uy lb® ooverage Indited from for the term and premium shown, and I Want It on fl~ia Gont~aot, ~/po of Insuranoe Ter_,..~m. Premium __X P~oe,~r~e ~-2~0.~ $ 289.00 $ LIABIUTY INSURANCE COVERAGE FOR INJURY AND PROPERTY DAMAGE CAUSED OTHERS IS NOT INCLUDED UNLE~ INDICATED II THE PROPERTY INSURANCE SECTION ABOVE. CREDIT LIFE INSURANG~: Credit Life Insurance I n~ required for this Conb=~t or a fao~or In ~ approva If I elect Drodit Life Ineurar~o, the r~mo($) of th propo~d Ineured(e) ar~ Propoeed Ineured Propoaed Insured .... -' (Only epouao can be Insured Jointly,) IT hie inau~ may not pay off all of my debt, and th ex-u-.t amount of coverage la shown on my PoJJoy oertifl~ate. My signature indicatee my e~ec~ton to Credrc L~fe Iflsumnoo coverage for ffm term premium shown: Type of Coverage _ _ Single Term Pl,~nium .$ ADDITIONAL TERMS AND CONDITIONS SECURITY IN'~.R~ I grant you e security interest under the Uniform Gommemlal Code In (1) the Mmlufa):/mrecl Home all goods that are or may heresRer by operation of Mw become 8.(~eesione to it, (2) ail applisnoee` maehinary, equipment m outer goods famished with the Uanufac~ured Horns (whether or not inatalisel or affbcect to it) ~nciudfng but not §mited to the M listed eJ 'Additional A___,:-~?__orles and Fumishing~' on page I of this Contrm~ (3) any ral'und8 of unearned insurerme premlun flllanced in this ContJ~ct, (4) any eubstltutk)ns or replacements of the foregoing, end (5) all pmseeds of such Manutactur~ Home and aooe~eione, and of any Additional Accessories and Furnishings. This security interest secures payment performance of my obilgations under this Contrac(, including any additional debt arising besauee of my failure to perform n obligations under this Contrast and includes any ¢onbactual extensions, reneweis or modifications. My execution of this Conaa oonsNtutes a waiver of my personal property and homestead exemption rights to the pemonal pmperb/bemin desoribed. [ w sign and deliver to you whatever financing statements and other documents you ctsem neoesmuy to allow you to pen'ect yoi security interest in any personal property and fixtures, l agree that you may file this ~mourity Inebument or e reprodu(~)n ther~ in the real estate records or other appropriate Index as a financing statement for any of the items spimifled above. Ar reproduction of thla ~ec~rity Instrument or any other security agreement or financing statement, and ariy extenelor~ renewals, ( amendments thereof, shall be sufficient to perfect a security Intere~ with respect to such Items. PREPAYMENT: I MAY PREPAY THIS CON'TRAOT IN FULL OR IN PART AT ANY TIME WIl~OUT PENALTY, BUT I WIL NOT BE EN11 h. ED TO A REFUND OF'llSE PREPAID FINANCE CHARGE, iF ANY. IF I MAKE A PARTIAL PREPAYMEN' 'I'HERE WILL BE NO CHANGE IN THE; DUE DATES OR AMOUN'I~ OF MY' MONTHLY PAYMEN'T~, UNLESS YOU AGFJE IN WRITINQ TO THOSE CHANGF..~. PROPERTY INSURANCE: e. Minimum Coverage. I am required to provide physic, al damage insurance ouvamge protecting the Manute~ured Home the term of this Contract against lose by fire, hazards Inciudeci within the term "extended coverage" and exly other hazard inclucling flood, for whk=h you requfre insuran(~e, in an amount equal to the kmeer of the actual cash value of Menufa~ured Home orthe remaining unpaid balanes I owe ham time to time under this Corfa'a~t (the 'Minimum Coverage' The insurance policy will contain a lose p~yabla clause prote~ng you (se your intenmt may appear), and provide for 10-day notice of cancellation to you. Unless you consent in writing, I cheil not add any additior~l icae i:)ayes to the insuranc pcllcy, i have the dght to choose the paean through whom the pmpMty Insuranc~ policy is obbtined. If my inauran¢ coverage ®xpiree or is oanoailed prior to paymmlt In fuji of this Contraof~ I must obtain no lees than the Minimum CoveraGe, my expense for the remaining te~n of this Contract. Shoulc] I fail to maintain the Minimum Coverage, you may, but are obligated to, obtain insurance ~overage. I agree that any insurance you purchase may be for the protection of only Interest in tbs Manufactured Home, may not folly protect me In the event of e Icae` and may be for eu~h _r,~_ _~onabla perkxI you determine. If you decide, In your sole disoratJon, to obtain insurance` you w111 notify me of that feat and that the cast, pi[ interest at the Contrac~ rate, wlil be added to my debt. i will r~o~y eUcil amount during the term of the poJ~y in the mann requested by you. I undemts, nd that the insurance premiums may be higher if you mnst purchase the insurenoe than mlgbt the case Jf I had pumhaeed the Insura3~oe, and that you may pumhaae the insurance from an affiliated company which re.alva a profit for this esrv/(~. Assignment and Aplalieatlon of Insurance Preceeda. I hereby grant and assign to you ttm proceeds inanrance nov®rage on the Manufactured Home, including any opffonal coverage, such a,e earb'xlue~e fnsuranca, which type or amount Is beyond the Minimum Coverage. In the event of a Ices to the Manufactured Home, I shall give prompt notk to you and the Insurance can'ler. If I fail to promptly notify or make proof of Ices to the irmuranna cartier, you may do eo on n behaif. All physical damage insurance proceecis, including proceeds from optional coverage` shall be applied fo repair of the Manufactured Home, unless you and I agree otherwise in writing or unless ouch restoration or repa~ is n economically practical or feasible` or your 8anurlty interest would be lessened, if such resforatton or repair is not praofioal feaslbk), or your escurity interaat would be lessened, you shell apply the insuranse procaeda to the remaining unpaid belar~ of this Gontreot, whether or not then ciue` and give me any excess. I auttmrb, e any Insurer to pay you dire~dy. I heral eppcint you ee my limited attorney-in-fact to sign my name to any check, draft, or other domJment ns(:N~ea/y to obMin irmurance payments. LATE CHARGE: I agree to pay a late charge for ~e payment aa set forth on the front of this Gontrant Only one late charge ¥ be made on any delinquent installment regerdisee of the period for which that Irurtallment remalrl~ in c~ataulL After thla Contra maturae, whether by ex=oelemt~on or otherwise, I ',v/Ii not be charged a/are charge. R=IURNED CHECK CHARGES: I will pay you the aofuai charge of the dishonoring Inm'itution (or such higher amou allowed by law) if any ohec, k given to you is not honored because of insufficient funds or because no such account e)dets. · EVENT~ Of: DEFAULT, I will be in ~iefcuit under this Contract if:. (al I tail to make any payment when due; (bi I fall to make rental payments, or to pay other cha~gaa and assessments, relating to tho real property and/or fadlity on which Manufautured Home is located; (o) I vin.~te restrictive covenants, ruise or regulations relating to the real property and/or feel where the Manufactured Home is located; (d) I fail to ksep the Manufactured Home in good repair and condition, aa you reasonably determine; (el I remove the Manufactured Home bom the address chown on this Contnt~ unease I not~ you advance and receive your written consent; (0 I sell or attempt to sell or to trer~fer any beneficial interest in the Manufactur Home without first obtaining your written consent; (gl I allow the Manufactured Home to become part of any real seteto withe fimt ob~lnlng your written consent; (h) I encumber or abandon the Manufactured Home or uae it for hire or Illaga~y: 07 I fail promptly pay any texas and other liens and encumbrances on the Manufactured Home or on the real pmporb/on which It IDeated, If this is my responsibility; and/or (J I fall to do anything else which I have promised to do under this Co,.;.-~. NOTICE OF DEFAULT: it any of the above ape~itlad Events of DefmJIt have occurred, you may do whatever is neceaamy cch'ant my defaulL You will, except se eat forth below, first give me a Notice ct' Default and Right to Cure Default bs~ore y~ accelerate payment of the remaining unpaid balanse I owe you or repOSsess or foreclose on any property which secures ~ Golltrm~ The Notice will tell me what my default is and how I can ours it. Ex~ept aa required by applioabis law, you are n required to send me this Notice when (17 you have already emit at NUtioe twi~e within the preceding one-year period, (2) I be.l abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances ex]st. CURE OF DEFAULT: I may cure a default at any time before tibe to the Manufactured Home is traneferr~ bom me, which ~ be at least 45 days aitor receipt of the Notice of Default and Right to Cure Default. To cure a default, I must pay: ~a) aJ amoun whish would have bean due in the absence of default and a(x;aiaration; (b) the attorney fese set forth below', (o) any late charg( that are due; and (d) reseonable costs Wh~h are actually Incurred for detaching and transporting the Manufa~ured Home to ~ alta of sale. I must also pe~orm any other obligation ] would have had to perform in the absence of default. REMEDIES UPON DEFAULT:. If I do not cure the default, you may do either or ~ of the to#owing at the end of the n~k period, ae allowed by applicable law:. (al you can require me to immediately pay you the entire remaining unpaid I~aience dt under this Contract plu~ accrued interest or ~) you can repossess ~ Manufactured Home pursuant to the se~Jr~y give you under this Contract. If you are not required to send me the Nstice of Default and Right to Cure Default, you will h~ these rights Immedlataly upon my default. Once you gat poaseseion of the Manufactured Home you will sell It. If the amount fr~ the sale, el(er expenses, is leas then what I owe you, I wilt pay you the difference except ae nthorw~e provided by law. / remedies are cumulative and you may enforce them separately or together in any order you deem necensary to protect y~ ARBITRATION OF DISPUTE~ AND WAIVER OF JURY TRIAL: a. Dispute Resolution. Any controversy or oisim between or among you and me or our aselgnse~ arising out of or raising · this Cc,-,bact or any agreements or Jnai~rne~ts relating to or delivered in ~nnectlon wrdl th~ Contntct, ineludlng an~ daJ bamad on or arising from an alleged tort, shall, il' requsetsd by either you or me, be determined by arbitmtign, refarenoe,, ~ by a judge se provided below. A oontrovemy involving only a single claimant, or claimants who am related or asserl~ claims edeing from a single tranea~on, shall be determined by arbitration as dee~rgoed below. Any c~er eont~verey shell t determined by judicial r~erence of the controversy to a i-~,rae appoint~t by the court or, if the court where the o~Icreven is venued lacks the power to appoint e reteree; by trial by a judge without a jury, as dseodbed below. YOU ANO! ACRE AND UNDERSTAND I~IAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, ANO THERE SHALL lie NO JUR WHETHER THE CON'II:IOVER.~Y OR CLAIM IS DECIDED BY ARBiTRATiON, BY JUDICIAL REFERENCE OR E TRIAL BY A JUDQE. Ad~Itretion. Since this Coherent touches and concerns Intemtate commeme, an arbitration under thle Contract shall I conducted in accordance with the United b"tataa Arb~ation nut (Title g, United States Code), notwithstanding any cholde law pmvisinn in this Contract. The Comrnerclai Rulas of the Amellcan Afoitration Aseo~istion ('AAA') also shell apply. '11 arl01ti'ator(e) shall follow the law arid shall give effeut to statuts~ of limitation In determinlrtg any claim. Arty ~ concerning wi'rather an issue is arbitrable shall be determined by tho arlfltrator(e). The award of the a~itretor(a) shall be writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be er, ten in any court having Jurisdiction, and no challenge to enby of judgment upon the award efJaJl be entertained ~ ( p~'o~ded by Saotlon 10 of ~ United b'~tee Arbit:mtion A~ of' upon e finding of manlfast irl, i'ustJce. Judicial Reference or THai by e Judge. If requested by either you or me, any controvomy or claim under subparagraph that is not submitted to arblb-ation aa provided in subparagraph (b) shall be determined by reference to a referee appolnfl by the court who, ailing alone and without juiT, shall decide all questiorm of law and fac~ You and I shall deelgrmte to court a rsteree selected under the auspk~,s of the AAA in the same manner aa arbitrators are selected ]n AAA-eponeon proceedings. The referee shall be an ac~ve attorney or retired judge. If the court where the controvemy le venued lack~ power to appoint a referee, the controversy instea~ shall be decided by trisl by a Judge without a jury, ~Sm~? ORIG/-NAL COPY ,~ae 4o 'cl. ~elf'Hatl~ Fomcl~ure, and Provisional Re~. ~ ~v~ne ~ have ~ ~ e~-~p re~d~e such ~ ~-~ or mp~alon, to ~mo]~ by ~ ~ ~is or ~dl~ly ~ai~ ' ~ ~y ~al or ~. or ~ o~ ~y provisional or ~ ~ ~ du~ng ~e p~en~ of ~y ~on under sub~reg~ (b) ~ve. N~er ~e o~ni~ ~r au~ mm~y ah~l ~e ~ a w~er ~ ~e ~ of al~ you or ~v~y ~ de~ln~ by erosion ~ prodded ~, ATTORNEY F:EG~: If I prevail In any legal action or arbitration prcx~eding which la commenoed In conneutlon wilt I entomemant of thle Contract or any Instrument or agreement required under this Contract, or in oorme~ion with any disl~ relating to this Contract, you will pay rny reasonable a~orney fees, oourt oo~t~ end n~ disbumarnente inourmcl connection wil~ such a~tion or proceeding, aa determined by the court, the referee, or the arfoitrator(s) In aoo0rdanoe ~ t law. If you prevail In any euch action or proouedlng, or In the exercise of any self-hasp remedy a8 described above, I ~ pay a court exit8 and neoeeeary dieburaemeflte to the full extent permitted by [aw, together with reasonable fees imposed on you an af~orney who is not your salaried employee, provided that prior to oornmenoement of legal action such fees mity not ~)0.00 and further provided that no attorney faae may be charged prior to my receipt of the Notice of Default and Hight to OTHER TERMS AND CONDITIONS: I agree: (e) to pay with my monthly Installments, if requested by you to do so, t eatlmated amount neoeeaary to pay yearly taxes, assessments and insurance premiums that will become due within t next twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Hame, un[eeo such fee is prohibited by law;,, to pay Interest at the C, oflt~a~ rate on the remaining unpaid balance plus aocrued Interact, tom the date of maturity until paid full; (~ to ralmbume you immediately upon your demand, with interest at the Correct rate, the amount of funds you actua advance on my behalf to oorrect my default; and (e) that if I am married, and residing in oo/T~mur~j/pro~'~y ~ ~ pro~r[~ l~l~ll ~ ll~J~ for all payJTlS¢l~ due UJld~r this ASSIGNMENT: You may assign this Gontraof to any person or entry. All rights granted to you under this Contraut shall apply any aaa{ghee of thfe CREDIT INFORMATION: You may invaafigate my credit history and oradlt oapantty in connection with opening and onllectl my account and share information about me end my ex:count with credit reporlJng agencies. You may eell or othamdaa fuml information about me, Including insurer.s information, to all othem who may lawfully reoalve auoh information. You may fuml apache Information about the Manuf-__,~__~red Home and any insurance policies on the Manufactured Home to any Irmuran agent to enable such agent to quote pram)urea to me and eolioit my insurance business. WAIVER: Waiver of any dateuit shall not onnstttute a waiver of any other def~ulL No term of this Gontract shall be c~nallg unlaaa in wrffing and signed by one of your offisera~ This Contract is the entire ngraamant between ue and I agree that no oral imp#ed representations have been made to induce me to enter into thle Contract. VALIDITY: Wherever pcoalble each provision of this Contract shall be interpreted in such manner as to be effective and ye under appel,bls Jew, but It any prey'mien of this Contract eha~ be prohibited by or )nvalkl under appaoable law, such proqdal shall be ineffective only to the extent of such prohibition or invalidity, without invafidating the remainder of such prov~ion or t remaining provisions of this Contra~. Thb Contract shaft be of no effect until and unless signed by me and you. In no event si~ any ohs~ge under thle Contract exoeed the hfghect amount a))owed by app~idal~le law. If any exoeee oharge le rKe/veo', au axoee~ shall be refunded or applied to the amount due. GIOVERNINQ LAW: Each provision of this Contract sha~l be construed in accordance with and governed by tt~ laws of the ~1~ of Penllaylvanid, provided that to the extent you have greater rights or remedies under Federal law, such c~ctoe of ata~ I shall not be deemed to deprNe you of such gre~er rights and remecflee under Federal law. ORIGINAL CO~Y .... ~e, YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLIN(~ RESOL~VING DISPU'I'ES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AHD NOT BY JURY TRIAL, AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROM~E8 HA~ BEEN MADE, of ~he As~gnment below, If you do not meet your Contract obligations, ye may Ieee your manufactured home. Notice to Buyer: Do not algn thio Contract In blani You are entitled to an exa~t copy of the Contra= you aign. Keep It to prote~t your legal rlghte. ! AQREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AN[ ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. ASSIGNMENT BY ~E~ TO C:REDITOR INDICATED ON PACE I COroditor") YF~h reepec~ to this retail Ineted~mect contract (-Conlrac~ signori by one or more b~re ('Buyer'), SELLER represent and warroflt8 that: (1) Buyer'e credit etatJment submitte~ herewith is completely occur-to unis~ olJ~twise Specified; (2) Euye wee legally (x~nlpa~ont to contact at the time of Buyer's execution of this Contract; (3) this Cora2'a~ arnse from tho bono. rich o~is of the momhandise desedhed in thio C~ttreot; (4) the ~own payment was me~le by Buyer in ~ash uniase ofhem~se ~peoif~ end no pert thereof wes loaned directly or incllreofly by Seller to Buyer;, (b-) any trade-In, or other conalderatforL ~ part of the down paymertt is accurately de~c~'ibed on page 2 and has ~ valued at Itc bona fide valuo, and any mltount on such trade-in or other property IS accurately desc~ihed on page 2 and hoe been paid off by Seller prior to oontemporeneoualy with tim easignment of this C.o~ltrect to Creditor, (6) thoro is now ovdng on this Contract tho amou~ ~ ford herein; (7) thio Contm-~ end any guaranty eubmltted in connection herewith is in all reopecto legally eriE:F0eeble egainat purported signatory thereo~, (8) Seller has the fight to assign this Contract and thereby to convey goc~l title to It; (9) In tho eve~ of arty claim or defenso aeeerted by any Buyer, or any hallo or esalgno of Buyer, with reepeot to the Manufa~ured Homo othor property or ~onelderation transferred pumuant to thio retail inetaJlment contract. Seller agrem~ that Jt wilt indemnify arid ho~ Creditor hanniseo from -ri such olalrns and defenses aa well a8 from all coate reasonably incorrod by Creditor Jn conr)est~ therewith, inoludrng but not limited to reasone/ala attorney fees and court ex,ets; and (10) in a~ordanoo with the FairOred] Roportfng A~. Seller has noUfisd Buyer that this Contract l0 to IM aubrnltted to Creditor. For value received, Seller hereby assigns to Credrcor all it~ right, title and interast In this Contra;t and the propert which is the subject matter hereof arid autborizas Creditor to do everything necaseary to co.mt and disoha/ge eame. All torino of any existing written agreoment8 between Seller and Creditor goveming tho purchaee of Co,,b~bs are made hereof by reference, it belAg under~tood that Creditor relies upon tho above wartaJl'dee and upon said agreemetlts in purohaalr~ ~m~? ORIGIN.%L COPY 5lfll'/ql I · ? CHEROKEE OR .. SH][PPENSBU*RG PA ],?~S7 ;REENPOIHT CREDIT CORP GREENPOINT CREOIT' CORP qoosotlTHeOl NI'E BLVD' STE L=r]O C AI~II:INS BI, IR G PA (TYPE OR PRINT) Cerlif~ate o! Title must be submitted within 20 deys. unless the purchaser is a registered deale~ hotdlng the velacle lot re~ale. A. ASSIGNMEI~I'OFTI'II.E- ='.~'-~,'-....,~-..~.~'.,.~.'='. ~: }C~--~ CH~CK HERE IF APPUCAI~I FOR DEAL.E/~T~ A~ID ,G~:~MP~.~[GTJO~. D~ TITLINGI FEES NOTICE OF DEFAULT May 6, 2004 GREENPOINT CREDIT, LLC P.O. BOX 507 MEMPHIS, TN 38101 888 472-7338 RE: Manufactured Home Loan -- Account # 000006130220300001 ROBIN IL MOORE 7 CTIEROKEE DR LOT 78 SHIPPENSBURG, PA 17257-9014 You are now in default on your Manufactured Home Loan Contract. If you correct the default, you may continue with the con~ract as though you did not default. Your default consists of failure to make timely payments of one or more instsllments as agreed to in the terms of the contract Thirty-one (31) days after the date of this notice, we may have the right to commence legal action and repossess your manufactured home. Cure of default: You may cure your default by making payment in the amount indicated below: Past Due Monthly Payment(s) $ 933.76 Late Charge(s) $ 38~67 Total Due Now $ 972.43 Creditor's righls: Any partial payment of the amount due which is received by us will be applied to your account. You will need to pay the full amount by the date indicated above in order to cure your default. If you do not correct year 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 home you may, at any time before we sell or otherwise dispose of the manufactured home or enter into a contract for its sale or other disposition, (which shall be at least 4:5 days after postmark of this notice), redeem the manufactured home by paying as all amounts due plus e~tponses reasonably incurred by us in detaching and transporting the manufactured home to the site of the sale and our reasonable attorney's fees, to the extent permitted by law, plus court costs. If you have any questions, write to us a~ the address above or call me at the phone number lis~d above between the hours of g:00 a.m. and 5:00 p.m., Monday through Friday. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, please send a check or money order. Do not send cash. CC: File 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 correspondence is an attempt to collect a debt and any information obtained will be used for that pm'pose. PA (144) 095-11-0000061302203-00001 IVia Certified Mail: 7103 5580 3025 1255 03271 NOTICE OF DEFAULT May 6, 2004 GREENPOINT CREDIT, LLC P~O. BOX 507 MEMPHIS, TN 38101 888 472-7338 RE: Manafactured Home Loan -- Account # 000006130220300001 JOHNNY P. MOORE 7 CHEROKEE DR LOT 78 SHIPPENSBURG, PA 17257-9014 You are now in default on your Manufactured Home Loan Contract. If you correct the default, you my continue with the cenu'aut as though you did not default, Your default consists of failure to make timely payments of one or more installments as agreed to in the terms of the contrac~ Thirty-one (31) days after the date of this notice, we may have the right to commence legal action and repossess your manufactured home. Cure of degault: You may cure your default by making payment in the amount indicated below: Past Due Monthly Payment(s) $ 933~76 Late Charge(s) $ 38.67 Total Due Now $ 972.43 Creditor's rights: Any partial payment of the amount due which is received by us will be applied to your account. You will need to pay the full amount by the date indicated above in order to cure your default. If you do not correct your default within 31 days due from the postmarked date of this notice,, we may exercise oar rights against you under the law by accelerating your debt and either repossessing year manufactured home or, if necessary, bringing a court action to obtain possession of your manufactmed home. If we elect to exercise our rights against you by repossession of the manufactured home you may, at any amc before we sell or otherwise dispose of the manufactured home or enter into a contract for its sale or other disposition, (which shail be at least 45 days after postmark of this notice), redeem the manufactured home by paying us all amounts due plus enpenaes reasonably incurred by us in detaching and transporting the manufactured home to the site of the sale and our reasonable attorney's fees, to ~he extent permitted by law, plus court costs. If you have any questions, write to us at the address above or call me at the phone number listed above between thc hours of 8:00 a~m. and 5:00 p.m., Monday through Friday. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, please send a check or money order. Do not send cash. CC: File 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 correspondence is an attempt to collect a debt and any information obtained will be used for that purpose. PA (144) 095-11-0000061302203-00001 [Via Certified Mail: 7103 5580 3025 1255 0334{ VERIFICATION I, Natalie Marc, Legal ProcEssor, and duly authorized representative of Greenpoint Credit LLC, do hereby depose and say subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, that the facts set forth in the foregoing Complaint in Replevin are true and correct to the best of my information and belief. Natalie Marc Legal Processor Greenpoint Credit LLC SHERIFF'S RETURN - CASE NO: 2004-03782 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS MOORE ROBIN R ET AL REGULAR SHANNON SHERTZER Cumberland County, Pennsylvania, says, the within COMPLAINT MOORE ROBIN R DEFENDANT , at 1735:00 at 7 CHEROKEE DRIVE LOT 78 SHIPPENSBURG, PA 17257 JOHNNY P MOORE, a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, - REPLEVIN was served upon the HOURS, on the llth day of August , 2004 by handing to ADULT IN CHARGE COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.06 Affidavit .00 Surcharge 10.00 .00 42.06 Sworn and Subscribed to before me this /~ day of A.D. rothonotary So Answers: R. Thomas Kline 08/12/2004 VOELKER & ASSOCBy: ~,~ J~ ?j Deputy Sheriff SHERIFFIS RETURN CASE NO: 2004-03782 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS MOORE ROBIN R ET AL REGULAR SHANNON SHERTZER Cun~erland County, Pennsylvania, says, the within COMPLAINT - REPLEVIN MOORE JOHNNY P DEFENDANT , at 1735:00 HOURS, at 7 CHEROKEE DRIVE LOT 78 SHIPPENSBURG, PA 17257 JOHNNY P MOORE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the llth day of August , 2004 by handing to - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~f~ day of A,D. So Answers: R. Thomas Kline 08/12/2004 VOELKER & ASSOC By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff,., Robin R. Moore and Johnny P. Moore, Defendants. CIVIL DIVISION No. 04-3782 Civil TYPE OF PLEADING: PlaimiWs Praecipe for Default Judgment Pursuant to PA. R.C.P. 1037(b) FILED ON BEHALF OF PLAINTIFF: Greenpoint Credit LLC COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Chad R. Callahan PA I.D. #82058 Gregory W. Bevington PA I.D. #92143 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, V. Robin R. Moore and Johnny P. Moore, Defendants. CIVIL DIVISION No. 04-3782 Civil PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA. R.C.P. I037(b} TO THE PROTHONOTARY: Kindly enter judgment for possession in favor of Plaintiff, and against Defendants, Robin R. Moore and Johnny P. Moore, for failure to file an Answer or otherwise respond in the above-captioned action at the above number and term within twenty (20) days from the date of'service of the ComplainL I certify that a written notice of intention to file this Praecipe was mailed to each Defendant after the default had occurred and at least ten (10) days before the date of the filing of this Praecipe. I further certify that the Defendants, are not in active military service. Copies of the Notices are attached hereto as Exhibit "A" and "B". The undersigned verifies that the statements off'act in the Praecipe are true and correct and are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted, VOELKER & ASSOCIATES, P.C. Chad R. Callahan Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219 (412) 765~0543 IN TIqE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (h'ecnpoint Credit LLC. CIVIL DIVISION Plaintift: No. 2004-03782 P Robin R. Moore and Johnny P. Moore. Defendants. F(): .lohnnv P. Moore DATE OF NOTICE: 8/31/04 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 !,¥ITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA~VYER, GO IO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A I.AWYER. IF hOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMAIION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES IO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland Coun~ Bar Association 2 Liber~ Avenue Carlisle, PA 17013 (717)249-3166 (800)990-9108 VOELKER & ASSOCIATES. P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 IN [HE COURT OF COMMON PLEAS OF CUMBERLAND COL'NTY. PENNSYLVANIA Greenpoint Credit LLC. CIVIL DIVISION Plaintiff. No. 2004-03782 P Robin R, Moore and Johnny P. Moore. Detbndants. {'O: Robin R. Moore DATE OF NOTICE: 8/31/04 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 AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO IO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOI~MATION ABOUT HIRING A LAWYER. IF 'YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty. Avenue Carlisle, PA 17013 (717)249-3166 (800)990-9108 VOELKER & ASSOCIATES, P.C, · Callahan Suite 1410~ Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 GRE~N~O[NT CR STE ~]O"~OI~T~ 8L¥0TM CERTIFICATE OF SERVICE The undersigned does hereby ~rtify, that the attached was served upon the defendant by regular First Class Mail this ~ day& ~f~-,2004. Jobamy P. Moore 7 Cherokee Drive Lot 78 Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, CIVIL DIVISION No. 04-3782 Civil Robin R. Moore and Johnny P. Moore, Defendants. TYPE OF PLEADING: Praecipe for Writ of Possession FILED ON BEHALF OF PLAINTIFF: Greenpoint Credit LLC COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Chad R. Callahan PA I.D. #82058 Gregory W. Bevington PA I.D. #92143 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, CiVIL DIVISION Plaintiff, No. 04-3782 Civil V. Robin R. Moore and Johnny P. Moore, Defendants. PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue a Writ of Possession in the above captioned matter for the 1998 Commodore Corp., Genesis 'NR501 manufactured home (serial no. CW32665A) located at 7 Cherokee Drive, Lot 78, Shippensburg, PA 17257-9014. Respectfully submitted, VOELKER & ASSOCIATES, P.C. Chad R. Callahan Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219 (412) 765-0543 CERTIFICATE OF TITLE FOR AVE. H._l.C_ ~-E C#3~665A PLAINTIFF'S E~err CERTIFICATE OF SERVICE The undersigned does herebycr~,ertify,, that lhe attached was served upon the defendant by regular First Class Mail this ~ day of Robin R. Moore 7 Cherokee Drive Lot 78 Shippensburg, PA 17257 CH~ R~ CA ~LAHAN Greenpoint Credit LLC WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Robin R. Moore and Johnny P. Moore No. 04-3782 civil Term No. Term Costs Att'y. $ 137.56 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Curaberland 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: Green~oint Credit LLC being: (Premises as follows): 1998 Comnodore Corp., Genesis NR501 manufactured hcme (serial No. CW32665A) located at 7 Cherokee Drive, Lot 78, Shippensbur9, PA 17257-9014 Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. D ate September 13, 2004 (SEAL) Curtis R. Long Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy By virtue of this writ, on the day of __ ! caused the within named have possession of the premises described with the appurtenances, and __, tO Sworn and subscribed to before me this day of _, __ Prothonotary So Answers, Sheriff By IN THE COURT OF COMMON PLEAS OF CUMBERLANT), PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, V. Robin R. Moore and Johnny P. Moore, Defendants. CIVIL DIVISION No. 2004-03782 P TYPE OF PLE/d)ING: Praecipe to Ma;rk Discontinued FILED ON BEHALF OF PLAINTIFF: Greenpoint Credit LLC COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Chad R. Call,ban PA I.D. #8205.8 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Greenpoint Credit LLC, No. 2004 - 03782 P Plaintiff, Robin R. Moore and Johnny P. Moore, Defendants. Praecipe to Mark Discontinued To the Prothonotary: Kindly mark the above matter DISCONTINUED without prejudice:. (~~ES, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue pittsburgh, PA 15219-1604 (412) 765-0543 Sworn to and subscribed before me this ~ day of COMMONWEALTH OF PENNSYLVANIA My Commission Expires Feb 9, 2008 Notarial Seal Gregopj W. Bevington, Notary Pubic City Of Pittsburgh, Allegheny County IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, Robin R. Moore and Johnny P. Moore, Defendants. CIVIL DIVISION No. 2004-03782 P TYPE OF PLEADING: Praeeipe to Mark Satisfied FILED ON BEHALF OF PLAINTIFF: Greenpoint Credit LLC COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Chad R. Callahan PA I.D. #82058 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 7654)543 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, CIVIL DIVISION Plaintiff, No. 2004 - 03782 P Robin R. Moore and Johnny P. Moore, Defendants. Praecipe to Mark Satisfied To the Prothonotary: Kindly mark the above matter SATISFIED without prejudice. VOELK~ & ASSOCIATES, P.C. Chad R. Ca'm Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 Sworn to and subscribed before me this Iq- .day of ,2004 COMMONWEALTH OF P~NNSYLVANIA Notarial Seal GmgoYy W. Bevington, Notary Public CibJ ~! pittsburgh, Allegheny County My Commission Ex~ires Feb. 9, 2008 "? Ct:.; Greenpoint Credit LLC WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Robin R. Moore and Johnny P. Moore No. 04-3782 Civil Ten~l No. Term Costs Att'y. $ 137.56 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: GreenDoint Credit LLC being: (Premises as follows): 1998 C~i',~dore Corp., Genesis NRS01 manufactured hcme (serial No. CW32665A) located at 7 Clae/Dkee Drive, Lot 78, Shippensburr3, PA 17257-9014 _ Plaintiff (s) (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 September 13, 2004 (SEAL) Curtis R. Lon§ Prothonotary, Common Pleas Cour~ of Cumberland County, Pennsylvania Deputy By virtue of this writ, on the 13th day of OCTOBER 2004 I caused the within named Greenpoint Credit LLC ,to have possession of the premises describedXq~kbX~gRIRl~R~p.~,X~fl 199 $ Commodore Mobile Home located at: 7 Cherokee Drive~ Lot 78~ Sheriff's Return: Docketing 18.00 Poundage 2.18 Prothonotary 1.00 Mila,~e ~9..~3 Surcharge 30.00 Possession ~, q !. ~. ~[~ C~ Sworn and subscribed {d 'befor~ me this. g ' Prothonotary ~ Shippensburg, PA 17257 Advanced Costs: ~%~Q;~ Sheriff's Costs 110.78 Refunded to Arty on 10/14/04 Sheriff