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Home My WebLink About04-5102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Greenpoint Credit LLC, as Agent and Servicer for Bank One, National Association, as Trustee under the Pooling and Servincing Agreement dated as of November 1, 1999. Plaintiff, v. John A. Wright and Anita Wright, Defendants. CIVIL DIVISION No. OLf- S-, (j d.. TYPE OF PLEADING: Complaint in Replevin ~ FILED ON BEHALF OF PLAINTIFF: Greenpoint Credit LLC COUNSEL OF RECORD: Edward F. Voelker, Jf. PALD.#55414 ,helll P ':111,,11:111 P A I.D. #82058 Gregory W. Bevington PA LD. #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, PENNSYL V ANlA Greenpoint Credit LLC, as Agent and Servicer for Bank One, National Association, as Trustee under the Pooling and Servincing Agreement dated as of November 1,1999. CNIL DIVISION No. Plaintiff, v. John A. Wright and Anita Wright, 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 setforth 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 TIIISPAPER TO YOUR LA WYERATONCE. IF YOU DO NOT HAVE " T ," YVVER 1:0 TO OR TEl ,FPHONF THE OFETrF SET FORTH IWT ,OW. THIS OFFWF 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 1-800-990-9108 1-717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA Greenpoint Credit LLC, as Agent and Servicer for Bank One, National Association, as Trustee under the Pooling and Servincing Agreement dated as of November 1,1999. CNIL DNISION No, 0'1-.5/0.2- Cwur u---. Plaintiff, v. John A. Wright and Anita Wright, Defendants. COMPLAINT IN REPLEVIN AND NOW, comes Greenpoint Credit LLC, by and through its attomeys, Edward F. Voelker, Jr., Esq., Chad R. Callahan, Gregory W. Bevington, and Voelker & Associates, P.C., and avers the following in support of its Complaint in Replevin: fohn l\ \V,"j\)ll! ;-11)(1 i\llil;-l \VriuhL llt:Tt"i 11" n-t". ITfcrred (n ;1" c'n\'rl'lld:Ili1".' :Ir(' individuals whose last known address is 202 Big Spring Terrace, Newville, P A 17241. 2. Greenpoint Credit LLC hereinafter rc[errct.l to as "Plaintiff," is a lilllilcJ liability company and is duly authorized to conduct business in the Commonwealth of Pennsylvania. 3. On or about September 7,1999, Defendants entered into a "Retail Installment Contract, Security Agreement, Waiver of Trial by Jury and Agreement to Arbitration or Reference or Trial by Judge Alone," hereinafter referred to as the "Security Agreement," whereby Defendants -1- purchased and financed from Bonnie Heights Homes, Inc., a 1988 Royal Coach Skyline manufactured home (serial no. 13110666X) with certain furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the "Manufactured Home." 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 the residence of Defendants, 5. The Security Agreement was assigned for value to Plaintiffs predecessor-in-interest, Greenpoint Credit Corp., on or about September 7, 1999, as permitted by the Security Agreement. 6. The Security Agreement subsequently assigned for value to Bank One, National Association, as Trustee under the Pooling and Servicing Agreement dated as of November 1, 1999 ("Bank One"), as permitted by the Security Agreement. 7. The Security Agreement was subsequently assigned for value to Plaintiff as pennitted by the Sccurity Agrccmcllt. 8. Pursuant to the Security Agreement, Defendants promised to pay the financed amount of$15,247.00. 9. As security for the loan, Defendants, by the Security Agreement, granted Plaintiffs predecessor-in-interest a security interest in the Manufactured Home. -2- 10. Plaintiff's predecessor-in-interest perfected its security interest in the Manufactured Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a Vehicle is marked as Exhibit "B" and is attached hereto and made a part hereof. II. Plaintiff avers that the approximate retail value of the Manufactured Home is $10,289.00. 12. Defendants have defaulted under the Security Agreement by failing to make payments when due. As of September 27,2004, the delinquent payment amount due and owing from Defendants to Plaintiff is $1,178.23. 13. As of September 27,2004, the amount owed by Defendants to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention of the Manufactured Home, is $14,993.16. The interest on said amount is accruing at the daily rate of$5.41. 14. Defendants have failed to surrender the Manufactured Home upon Plaintiffs demand. 15. On August 4, 2004, Plaintiff provided each Defendant with a Notice of Default, true and correct copies ofthe same arc marked as Exhibits "C" and "0" and ctrc JlL1Ched hereto and n'ctJc a part hereof. 16. Plaintiff is now entitled to immediate possession of the Manufactured Home. 17. Plaintiff is entitled to attorneys fees under the terms of the Security Agreement. WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the -3- value of such in the sum of$IO,289.00, plus attorneys fees in the amount of$600.00, costs, interest from September 27,2004, and damages for the unjust retention of the Manufactured Home. Respectfully submitted, VOELKER & ASSOC (1 Chad R. Callahan Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219 (412) 765-0543 -4- ,. ./-.PENNSYLVANIA iSW=tU.-LCJ .. .. MH AXED RATE CONTRACT . RETAIL INSTAllMENT CONTRACT, SECURITY AGREEMENT, !..:.,.::::":7".'.j"OANPlAN: 1'01.. OJ0799 I ~ WAIVER OF TRIAL BY JURY AND AGREEMENT TO .f9''''::''~'oFACeNu'''.ER 79075 I ARalTRATION OR REFERENCE OR TRiAl BY JUDGE AlONE .~.~,1 LOANSOURCE/OO 7~0040 . (Contract) ! lJIlL,.'i ACCT. NO.. '1' JO~~" .. -.. . ONly.... . - BUVER(S), N.......' 'Y' ...., W.~I,,!.!.T I,,::,:':~:;::FUN"'NGCODE: ._ N..t4~ ~-vIT;" '1\':;';IGi-i'l' . . I. t NAME: NAN!: COUNTY C~t12ERU..xD BUYERS .110 :."i:RFI~:.D 5T CITY: :<~\".";ILL~ STATE: ?:" liP: 17211 AOORESS__.:::. -.~. . ~N.(7i~)776 76~6. s.'SEZ'(S)': i6T6C 9.~~1 _leU62.1.2L PROOOSEOLOCATlONOFIMNUFAc;TVREUHQME:?'07. 3rG SPRINGS T~RRACE, N~I,""ILLE. P;" 17211 .,; .m.; .mysetr 0< .my. ..-11 all pe;&Ohs-Who sign this Contract as buy.r or CO-buy.., joinlly and sev"",lly, and .you. Of .your. mean the Seller and any aulgnee. This ConllaCl will be submllled 10 u... Creddo< indicated below, at a IoCaJ onioa and, n approved, d will be _'lined 10 lhat CreddOf. On lIladate Of lIlis ConllaCl, I buy from you on a credd sale basis the manufactured homa d""eribed on page 2, togGlher WIlh furnishongs, equipmon~ applianca; and accessorieS included in the manufactured home at the time of purchasa (called .Manufactured Home.). CREDrrOR:GREENPOI~~ CREDIT CORP. PROMISE TO PAY: I promise 10 pay you at auch addresa as you may dif1lC( the Unpaid 8Il1ance shown on pago 2 althis Contract (Item 5) with intorast at tho rata 01: H.SO'liper Y8IJJ untiltha debt is fully paid. I will pay this .:mo;;nt in j""taIlmants as ahOwn in tho payment achedule until tii. Unp8ici Balanoe is fvlly paid. If. on 09/ C2 / 14 . I atill owe any amount undor thia Contract. , will pay aUCh amount in lull on that date, which ia called the "Maturlly Date: Each monthly payment Will be applied as of lIS SChedUled dua date. If no Intarast ralols dlsclosacl above, tho interast rate is the Annual Parcentage Rate shown baIow. , I TOIBI of Payments 'Tota' Sale Price I 1'heIoCl'OOSlol my The "mountof crecht 'The .rraunll WIlt haw purDhU80n aedll prOVd8a>> me 01 on p111d....rI havemtlCl..n lit IhQlUCIlngrnvdQVIft I mv behall: pcI)"1'1enlsn sc:f\edu&ed: pavmamcl $ 1,698.00 : .L.1 ::':74:.:.? 0.:..:::-, .~fl:. ~.4.~:.~?~".~S ': ~~-:;!~?'.:?._. .1 ..s.......:.Sitill' .u.a. 2);:....:...,:....nq,;_C:nt!9'l_..Ainaimtnn.- :..o~Y:;!...t...ollll.!L~ Ste Canhel terms tt;,r _ddltlOf'\.1 inlo'""boP\ r:=::.Nuiibiicr:. .;...-.-:....';'Aii'lD'tintm-..-:.~..;...'"f,;-. '. '. '. '." . ~..,._~...~':.'.~...::.:.;::....~..-;.::.-:.'.~::-..:.,; c:. ,; .._- ...-.". J abOUI ",npa~nl.a.f&l.ft. IIqu.ed !:.~.. . :,.~ .Pll~!'l. ;.;:n J.. .~'..:'_ ,,-_~.:t::~~ ...~!?~~,!1b Al!:~ .:. "-.:':":i;':':'.~:::.~~i re~~ntlnI\.lUlHlor.tnlseht(lLfecl i.':"''-'~''':~~'",;::, lBC S ~ca.5? 1MGnV\! ~nrmg OCTOBER O:G .'V~! cl...andprepaymenlrwhmd'sann 'I.~_: "~,;~::"1 - $ CC u... y. I DlMfNI. plyment". _. . _ .." . ...-.;!nL"tI)'. DlQln,..ng . __ .15'._ ""'yment:lllpayOIIMttv,1 Wllnot 1~~,:'1 -- $ .00 I MonlhlV.r.g1""ng . '1I~ I I ...""lOpoy.p_ny.l>UIl....nol.. IwlIIlla:..~.i -..- $ ,QC I"""""iy...gin"ng _ --_-".'g.-I' ."lia.d tJ a ,.Iund pI.... Prepaid ":-:- '.:-:-i~::', . FirwnoeCl'w;e.I'arrt. i -_._ ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed ~ cost 01 my CJ'eGlf as a yaatly fall: The dollr amounl1"1tt oed4 wiu CIOsl n'lI: 14,53 --- 'IIi S 22,295.6Q_ Seourflr': I give vouaSCOU'''''ink:!rO$1 in hl DOcellor Pl'Operrybeng purd\&secf. LAlwCllalle: If.pa.,.",nfilrncrelhln 15 daysJa...rwilblld\&rgtcl 2 ~~Qrheunp.&id.rncuntolauchpa.v"..nl.nolb.lfce.:f S 5,00 - ....urnpdon: Sa".,,,. tltlylt'lQ my ....nu:sclUT'ad HaINl may net asSUmI h r.manc.r of '"~ Cenhdon tNI ol'iginall8l'rftS MIloUf)Our pnar wnMn consent. ~.: All numenot' drtdOlUfeJ .)Cefpt f'l. II" p'yrMnH'li~~lJ1f!~ .rll "SIimI..S. -- ORIGI?\;"L CO?Y ~~ED S C P~"~' v. EVENlS OF DEFAULT: I will be in delaull u""er this Comrad If: (a) I 'ail 10 make eny payma'" when dua; (bl Ilall to timaly make renlal paymanl'8, or 10 pay other charg8S and assassmams, reIa~ng to tlla _I property a""/Or Ilcility OIl wtlich llla Manufactllred Hom. Is located: (C) I VioI8t. ractricllve covenanl'8, ruIM 0< regulatIonS nllating to the real propalty .nd/or 'acility __ tlla Mantllactllred Home is Iocat...; (d) I fail to keep thl ManUlaclured Home in gOOd Alpa" and condiboll. 81 you may _sanably determine; (.) I relllO\l9 \ha Manufactlll1ld Home from the address s,-" on this ContraCl un_ I nollly you in 8lIvance and receIVe your WlIltan coneem; (~ I sell 0< altampl to sail or 10 transler any DanllhClaJ lnter8llln tlla ManUfactured Hom. without first oIlIainin9. your written conean~ (g) I allow Iha Manufactured Home to become part 01 any real astat. withoul first obtaining yourvmltan consent; (h) I anoumber 01 aba""on \ha Manufadu,,,, Home or us. II lor hire or iII"'i1aily; (il Ilall to prornplly pay any taxes and other Iians and encumbrances on the Manufactured Home or on \he rNI propatty on whiCll II is \oc:;ll.d, ~ this is my respo...ibillly; and/or CD 1 fail 10 do Ilnylhing e1s. which I have promiaed 10 do und.r this Contract. NOTICE OF DEFAULT: II any 01 tlla above spac;liad Evants '" DelaulI have occurred. you may do wIlatev... io '*". "y to COlTect my defaull You will, eX","plas set forth below, first gIVe me a Noboe of Default and R'ghtto Cure Delaull before you accelarata paymenl 01 the remaining unpaid balance Iowa you or repossess 0< loreclose Of! any propelty whiCll secures thIS Contract. The NotiCe will tell me wIlat my default is and how I can CUre II. Excepl as required by applicable laW, you a.e not required to sand me this Noliea wilen (1) you have already s.nt a Notic. twice within the precacfing on.y.ar pariod, (2) I have ab3ndonad o. \/Olunlallly surrendered the ManUfaetured Horne. or (3) other .xtreme cllC\JmstanC8$ .xist. CURE OF DEFAULT: I may cure a dalaull It any lime balor. tttI.to the Manu/letured Home is trlnslerrtNl from me. which will be atl.ast 4S days after reoaipt 01 the Notioa d DelaulI and Right to Cure Dalaull. To cur. a delaulI. I must pay: (a) all amounts whICh would have been cu. In the .b....ce 01 delauft .nd .ocetarallor1: (b) the attorney ,_ sat lortn beloW: (C) any lat. charg.' that are du.: and (d) reaeonabla COOlll wtuch are aClUalIy incumod fo< dalachll'og and traneporting the Manutaclured Home to the Irt.ol saIII. I musI also perform any olllar obligation I would have had 10 perform in the abe8f1ce 01 c.faulL REMEDIES UPON DEFAULT: If I do not cure the d"'.ult, you may do either or both of the loIlowing at the .nd of the notice period, as allow... by applicabla law: (a) you can require m. to immadia1ely pay you the entire r.mBJIling unpaid balance au. under this ContracI plus accrued Inllrest or (b) you can repos._ \he Manutaetllred Homl pursuant to the s.cunty Intl".t I glv. you under this Contract. If you are not required to 'end me the Notice of Default and Right to Cure Delault, you willl\av. these rights immedialely upon my defau~. Once you get po......ion ollh. Manufactured Home you will .ellll. If the amount from the sale, after expense., is iess than what I owe you, I will pay you the diff.r"""" .xcept as otherwi.. provided by Illw. All r.medias ore cumulative and you may enr~ th.m s.parately or together in any ord.r you deem n8Ce$$ary to protect your security. ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL: a, Diapul. ReaoIutIon, Arty controveny or cI8Im be_ or among you and m. 0< CUr auig_ arielng out d 0< reIa~ng to thio CorltraCl 0< arty .greements or instruments relating 10 or dallvered in oonnec:tlon with lhie COnlnlc:t, Including any claim baled on ct ariling from an alleged tort. shall. ~ ~U8Iled by either you or me. be daterminad by a_lion. r8l_. or trI8I by a ~age 88 provld8Cl baloW. A conlrover.y involVing only a alngle Claimant. Dr ClaImants whO are relallld or ....rUng clairna arising from. single ltanaaction. shall be d.termined by arbitration al oaacribed below. Any other controversy shall be determined by judi<:ial raleranee of the controve",y to a r"'81_ appoinlacf by the OOlJrt or. d the court whare the COI1trov,,",y ie V8f1ued lacks the power to appoinl a r.fer88, by trial by a JUdge without a ~ry, as described below, YOU AND I AGREE AND UNDERSTAND lMAT WE ARE GIVING UP lME RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JURY WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR BY TRIAL BY A JUDGE. b. Arbitr8tion. Since this Contract """"- .nd ~ma Interstate oomm....., an arbitration und.r thie Contract .hail be conducted in accordance with the United StD.los ArbitratiOll Act (Title g, United StD.I.. Code), notwithstanding any choioa of law provision In Ihls Contract. TIle Commercial Rules 01 the American ArbllTatlon Association r AAA.) also shan apply. The arbltralor(.) shall follow the law .nd shall give effect to statut.. Of IImrtatlon In det.rmining any claim. Any controven;y -"lIng wtlalh... an lsauals artitrable ahall be dtlerminacf by the arbllTalo<(a). The .waRS of the artitrator(s) shall be '" Writing a"" include. atatement 01 .88eoM 10< the .ward. The award ahlll be tinal. Judgment upon the awalll m.y be .ntered In any coull having ~lisdlction, and no cha1lange to entry of ~dgmanl upon the award lhan be .nt_1nad .xcePt as provided by SecIion 10 of the Unftacf Stat. ArtliIration ACl or upon a finding of rnan~aa1 injualioa. C, Judicial Refe..,""e or Trial by . Judge. II req....tad by althar you 0< m.. any conlrovaray o. claim und.r aubparagraph (a) that ie not aubmillacf to artlitralion a. providacf in subparagraph (b) ahall be d.t8lm'nacf by reterence to a ral..... appointed by the court who, aitling alon. and without ~ry, shall d..,id. all quaalio.. of law and lact. You and I ahall dasi&nat. to the court a rel... selac:ted under th. auspicao d the AM in the sam. manner as arbitrators are sele<:ted in AM.sponsored prooe8dinga. The ....r.. ahall be an aCllv. altomey or ratirecl judge. lithe oourt where the controversy io v,,"utNl lacks the power 10 appoint a rele...., !he controversy Inslead shall be decided by IriaI by a jucge whhoul a jury. -- ORIGINAL CO?Y PAQe;.crt ..... .' ....d. SeH-HeIp. Fo...eloauIe, aN! PlOvlaloNll Aernedl6a. The provieionll oIlllis psragraph shall notlim~ any rights thet you or I may hava to ..ar....e salI-heIp r__ aueh al sM."" or ",pooI_ion, to loreel088 by power oIsala or judlclally against or aalI any collateral or security. or to obUlln any proviaional or ancillary """edisl !rom a court 01 oompetent juriadleflon bel0f8, aller or during Illa pendency 01 any lIIbitration undar aubpsragraph (b) abova. Naither Illa obtaining nor ilia axarcisa 01 any aueh remedy shall sarva as a waivar 01 tha right 01 either you or me to damand that tha relal8cl or any oilier dispute or oontroversy be datenn,n8cl by arbltration aI provlCl8cl allOva. ATTORNEY FEES: " I ~vail In any Ieval action or arbitration proceeding which is oommenced in oonnection with tile enlorcement of Ill.. Contract or any iNillument or agrMmenl required under this Contract, or in connection with any dispute relating. to thIS Contract, you will pay my reasonable attorney Ie., court COGt$ and neceosll1)' dioburoements incurr8cl in connection with sueh llclion or proceeding, llS determinad by tile court, tha rere...., or tha lIIbitrator(s) in accordance with the law. If you prevail in any such acfJon or prooee<1ing, or in the exercise of any selt.help remedy as described above, 1 will pay any court costs and neeeseary dlsbun;ements to the lull extent permitted by law. together with reasonable lees Impooed on )'<lu by an attorney who,".notyour salaried employee, provided that prior to commencement 01 legal action such leel may not exceecl $50.00 and furthor provided that no attorney lees may be charged pnor to my receipt 01 the Notiea 01 Delau~ and Right to Cure Oelau~. OTHER TERMS AND CONDmONS: I agrM: (a) to psy with my monthly InltaRments. ~ requ881eCI by you to do so. the 88llmateCI amount _ry to pey yearly taXM. aaa_menta and insurance p...miums that will beoome due willlin tne next twelve-month period; (b) to pay you a tnlnsterlee ~ I sall tha Manufactured Home. u_ such lee is pt'ohib~ed by law; (e) to pey inta..t at the Contract rate on the ...maiOll'9 unpaid balance pius aCCN8d interest. ITom the dats d maturity until peid In lull; (d) to reimburse )'<lu imrnadllta'Y upon your demand. wilh inte""" at the Contract rate, the amount 01 Iunal you sctually advance on my behan to oomoct my aelault and (e) that n I am mamed, and residing .n a community property stata, both my community property and s_rats property will be IIsble for all payments due uncler this Conlract. ASSIGNMENT: YOIJ may a..;gn lhit Contract to any person or antity. All rights granteCI to you under this ConlraetshaU apply to any asslgnaa of this Contract. CREDIT INFORMATION: You may investigate my credn history and oredn C8psc:ily in connection with opening and collec:ting my account "nd shara inlormation about me and my account with Cfadlt rsporting ageneiel. You may sell or otherwise lurnish information "bout me. including insur<>nce inlonootion. to all others who may lawlully receive such inlonootion. You may furnish specllic inlormation "bout the Manulactursd Home ana any insurnllC8 policies on llIe Manur"ctured Home to any insurance agent to erillble ouch agent to quote p"""iums to me ""d solicit my Insurance busin..... WAIVER: Walver 01 any oelauk shell not oonstttute a walv.r 01 any other delau~. No term d this Contract ahall be changed un_ in writing and aigned by one 01 YOIJr oIIicers. This Contract is tha entire agreement baCv...... UI and I agree that no oral or implIed rep....ntalions have -. made to induce me to enter into !hie Contrac:t. VALIDITY: _....er possible each provision 01 this Contract ahall be interpret8cl in such manner II to be ellecliv. and valid uncler applicablo law, but n any provision d this Contract shaJ1 be prohib~ed by or invalid under applicable law, such provision shall be inellectrve only to the extent of such prohibition or invalidny, without Invalidating tile remainder 01 such proVISion or tile remaining provisions olthia Contract. This Contract shall be 01 no aII8el until and un_ signea by me and )'<lu. In no event shall any eha19a undar this Contractex_o tile highest amount a1lOwad by applicable law, II any excess charge Is reeaived, such excess shall be refundea or applied to the I/TlOlInt due. GOVERNING LAW: Each provision 01 this Contnlelshall be construed in aooordanoe with and g""erned by the laws 01 the alate 01 Pennsylvania.. provided that to the exlent YOlJ have grealer rigl1l.s or remedies under Fede""lllw. such choice 01 state law sflall not be deemed to deprive you 01 sueh greater rights "nd remedies under Fedarnllaw. ~i:l~~~R'dF~m~~N~UME~~i~'~~~~SU8J~~~LL.~~':~~J~~=~:~,r'l I lHE:PEBTOR COULD ASSERT'~QAINSTTHE IELlERciFOOOOS'OR'SEJlVlCES OBTAINED PUJlSUAHT ' : ,HERETOOR WITH .THE PROCEeOS HEREOF. .RECOVERY.HEREUNDER.SY. .nteDE8TOR sHALl-NOT EXCEED ...1 1:-AMOUf\IT$.P.AIDBVTHEDe8TOR.HEREUNDER::'::-i' .. .:..:.d... .. ,. ..... 00"';':'.'1 I':.~'" ." . . .--f"'- .-. . . . . ... . ............. ORIGIX'>.L CO?Y 1"lIIlO!.'oP' ~ YOU AND I HAVE READ AND FULLY UNDERSTAND nilS CONTRACT, INCLUDING niE PARAGRAPH CALLING FOR RESOLVING DISPU1l'S BY ARBITRATION. REFERENCE. OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AND AGREE niAT llilS CONTRACT SETS FORni OUR ENTIRE AGREEMENT AND lliAT NO OTHER PROMISES HAVE BEEN MADE. ,. Th" Con",l~) bmI..... to e.I'IkOnc. !-I.'IOIO' Al5/Xlllocm." r"... UNkr IN PooII"l s.1 Sef'wlCinll AlPft'"lmI dll~ It 0'''''0'1'",,_ I. ll)qQ (hrtwnn \ut" TI\l.lIft"IkJ(j~""nl C~I l.LCI.OIIOIl\rWl:~a.tOl' TNS*I~ ACCEPTED: The fo~egcng Con=d lS l'eretly assigned un::lel #'Ie =ms cf I the AMiQt'l'T\entbelow. I I Qa"~ - r....Iol.~l LLC '""W._ - Sf.u.ER'S 5lONATuRF.: Sfll fRS . fl) .,..,.... 'd TIT1.E. _.. 1(_._'-'.) I i llUyE ISlGNATURE(sI~' 1_ . dM~______ - -, !.<'RJG.f.! . '7 / . . .. t;[ ifF" [ f.-.lA \\'RIG::T iQ)J -- () .n SEllER: =o~rnIE ::SIGHTS ::OMES, INC. ~E~. 7%8 C!\R~ISLE ?IKE .., o I 1 , ! .- j :~~on'~=IOCT _.<1' III qci-._ I AGREE TO ALL THE TERMS ON Al.l. PAGES OF THIS RETAIL INSTALl.MENT CONTRACT AND ACKNOWl.EDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT, ASSIGNMENT BY SELLER TO CREDITOR INDICA1CO ON PAGE 1 rC...dllor") With _peel 10 this ",'aW inalallment contract rConlrad") algI*! by one or more buy... rBuye". SELLER repr..enhl and warranbl that (1) Buyefs cred~ statement submitted herewilll Is complalely accu..te unlesS oth8tWiSe specified; (2) Buyer was legally competent to contract al the lime 01 Buyefs e.-. 01 this ConIract: (3) this ConIracl ....e from the bona fide ..... 01 the merchandise d..ctibaclln this Contract (4) the down peymenl was made by Buyer in caah u_llIhel'NlSe specified and no pert lllenlCll was IolIned dir8clly or Indorectly by Seller to Buyer; (5) any trlldHn, or other consideration. received aa any part 01 the down payment is accurately de8cribed on page 2 and hel been valued at ite bona lide value, and any amount owed on luch trad..in or othat property is accuralaly daoctib8cl on page 2 and hu bean paid 011 by Saller prior 10 or contemporaneously with the assillnment 01 this Conltaelto CI8d ~or. (8) there is now owing on Illis Contraclthe amountl8llor1h herein; (7j this Contract and any guaranly IUbmilted In connaction herewith is in all r8lp8cl& legally enforceable against each purported sillnatory thereof; (8) Seller has the rig I\t to assign Ihis Contract and therlby 10 convey good tlUe to It: (g) In lIIe evenl at any claim or delense ess_ by any Buyer. or any helrs or .....ign. of Buyer, with respect to lIle Manufactured Home or other property or consideration lranslemtd pursuant 10 this rat4il inslallmanl contract, Seller agr_ that ~ willlndemnily and hold Creditor hannlaos Irom all such c\aims and dele.... "s well II lrom all co.ts re,,",,"ably incurred by Creditor in conneclion therewllh, Including but not limited 10 reasonable altom"Y teas and court costs; and (10) In aocordanca with the Fair Cred~ Reporting Act. Seller has notified Buyer thld this Conltact is to be submitted ICl Creditor. For value ,.-i"*,, Seller her.by _;gna to Cred~or III itt rights. titIa end 1n1.....,1n this Contract and Iha property which is Iha aubjecl matler hereot and aulhori%.. Cred~or 10 do everything 1\8{ sry 10 collect and discharge same. AIIIha lerml of any e"'ing _en ag_nII be_ Seller and Cred~or governing Iha purchase of Contracla are made a part her8Cll by ""erenee, ~ being undera100d that Crad~or noli.. upon the above warranties and upon said agreements in purchasing this Contract. . .........- ORIGIN,~L COpy PIIOe.tcrt l>/oTE .';'j. , --".--... 1 1- -- -- -- ------ "..."" -. ._, 00 ::::',:-.'0":::,:;0,:.' .'_.""'''''.'... =-1 . ,.... ,.. ._.~.- . --- ........ ....., ... "1' ~ OODjEOOJ.80ll~9!"I:,;~~;~._ ::;:;::::::.,:::'",;;:c,:;:-H:8;;b;1i:];:::~,.;t:;j!;~;;:L",.: 0;::, ..,...... .... .. .. . \ 1311O!.b!.X .~ ... . ,. ..1 ~1:~A'!~"'1 "'Ri3YAl:'O't;['-A'clf""'I-li~ifibDbh. "dOf'~i.: ~ l :1.Jr.l.I:rDE!IlF'::;'TIOtItJ~fi:l -. 'ViJoF' . w.~f.:5r\iEHk:L.t""". _. : '.~ .... Trri1niU~liEK"w:-,"-,,-,~ I . ~,'.~.V f' I1li I I ," ::,. ..-, 271Ililuj'ExE'P.p'Tl :Jii . ",io i (f'C oor 1 SUo, CAf 'l!I~~"::,~;:'~c., .'~""';~?lXt'f7. ~o~~..~.. . ooo..w-u.....-.. ! J.1.I13fa7 I 2/:t'];jiJti I:.. .."D"':EN.~::;".:,-r. ,:. ;.'~l'i":;I' ..:.:..........;,.,.;; ;::.;1 '!j!' j "'AiC"A~Ti~u:tJ, .ti"'1E:6f!~"'1 ........... t~'''''' ...'" ,_., '-"'1:'"'1'1 ..nnE-a:rwros' II r ' Y', .;; . : .:.~, .; ."" , . $. , . ,. . I . ...,' r ~ r ." 1- ,.'" ~ '" ~: ',. f.;'. .1 ~i ~ ". ...'''1. -. 4' .~.;. i.-~_ ~I. t~\~. tI. '" ,." , ~~ ~~~~!,~,~;~, CIS CL OSURE:;~~~;a: &X",:~:~~RAt.. U Ii'" ..Ii JOHN'" G MHH C wf(GIt.r::.~~'.'~~'''''''..:'1' ~ ~j 202 BIG SPRING TER .~ ....' ;..H NEWVILLE PA 11'2'l]' ~1 'It ~ ~ FIRST IIE:l F. "on " t~ GREENPDlN1' CRED~~ : .. FlR$TUt:iPILE"'Sl:.I'_ ~ ~ !!l! M,I,ILlliGAr'Q;lE5$ ; I ""'~..- . , , ~I:l . ! . ~ ~I ~ i 'Ih"~' ~ ," ~I ' ~'" "."." .... . ,~. ,. '"~ ....... . .. ..~".... 0''''0'' . r; .1:. ) R~~.i;~ L j~At'~RY ,~ ;I'~ i';::::~:~;I;'~~'~.~-'i:~~~I3;;~';:::-'~:~::;;';ii~~~~I:.VJ_ '" :' '" ~lIIlii.:hiiailIld~ilIiIlIG"lllll .'~.'~I~,:...b~~di;-'''''-''-''Ir_.....I.'......_,-.-.- ij . .sUesC-'IIIUI" ~N" S\YOIU<I Ilf a c.o-~urchaor Dther than your r.poUl!~ IIllslod and you vrant l'tt 00. 10 r TO BEFORE Ml; J be IUIed Il$ "Joit.,t Tarl&flt:o. With Right cJ $LI~rWliP~ (Or, dealh 01 one' : -_.._._ ~,' :~ ..UIl.. own'r.IjCaI.,gant)tI.Or,.;vlol1~rJCHEd<HERx::O.Of1t,rotkcl.1ht1itle : ~ . I ....In t. 1&6u.ed.. "TUlUnb. In Coml!\Ol'l" \On dlalh (,If OM awner, In'lll'llll of . de~ued -owner oc.!',s to :,ioh1.r hulrs or IState). .. . __---..!!:,;"-l',.'Fr.,ttr--5lN-~lGOolt.: 0 lS7LIEHDATE." .... 1f~IOlJ[N.OIECIl '., ,j ~~Of,lENt~'C~6r '-. ..' ,.. . ~Cl'l.ITAT\,.IS 'lJ..AC."f\.Q'L~. l_r.lI:.EAGEDtC.E:tISTHEt.Itt:""""llCN,. LlUtfS' , a-NOT""',E~~~Il,.!A.G': 3 _ NOT'THt ACTt.!.\llollLEAGE OCC'VoETeA TAMF"EF\It.GVEP.I~1EO .,. [)'El.lPTr~ OOUIETl!.1'\ l'JI~l.OSUpt 't1TU:E;R./orltlS A ~ ANTIQ./t vtHlCu: e ..Cl,.I.s;..c'ltHr.:;.! o .COl.llentr.E\'EHIClE: F . OUTCFt:OUNT'f( G ,. OAIG<<A..l..l" MFGC. FOR ~:'j,.u.s. Otsrn:8UTI::N H.. ,\GR:cl.1.'rI..IFIAl.vtPIICU; 1.. .lOCQNc;.'IEHlC:.E p "1!!iIW~ J, FOutS VEHICLE p" RECCI1Sl.UC'TE::- 8..STAEETfI\OO ~ ~~~:wg~:tfcrlVlN l/i~FUXlD~ . X ".L$.'WIIS A TAXI ...,'1'- ,. ..~TE .~ I.... .... .:1 II. ~h~IIofGllr II ~ ~ "'1I{.".I:)!l:"d h '''_Ih,''nr.l ~lSIorlft,dl'cir"'IIfdP......a:olllfi&'Surt.IUQs'''''lQr'irJ\hlW\;l:hIt.a lIICll'~ort"'fcrm.-.dfM. .,~ . I' 'r' '"'-"';';"'-_. ~"'oPtZE')nEf"Rl!;ENT"lr.~- SrolI~D us.. AEl..EASED ,.:. BY AUn-iCl'llZEt'REPReSEN1ATlVE , . ..,. ..~ . GREE,NPOIlH CREDn 7~D SPRINCDALE OR STE cO? EXTON PA 1"13lj], , b iUS ~U) I..' 1$TL'!r~ smarr e:r/ '\''1'1' ... .. ...r_.... 1_.1 , ., ..:t ST~TE '''lJP :j ~ClA1.'JMIr1TUTlCN'fU'IBEff ""'_$1'1:. . -+ "....#O.".,_B._............-..C'......""-""I"'...;...d~. ."~c ~."'.i1.'t._~,......._o,.... .........IwIt.,'"'.~ '. f" 2ND U;NMOI.DER ~ '..,"'mw.;:~",.l'P1l1':lAAlJI't<:INZfDllQlo..R i11'IeET ~ -.---.------...--.---. :'C1T"~' -. . iiTA::e.~....._A.' , lI.:.o,fA.1.JIlI.~J~l,JfJI'TlTLEClf'AlJr~a'.oOJroElII J l'lNIINCIl,l,.tiiTITJiIOl, "M.IB!R III!IHli..~~il~iWii;:".~m~liMi:1i~li~, NOTICE OF DEFAULT GREENPOINT CREDIT, LLC P.O. BOX 507 MEMPHIS, TN 38101 888 472-7338 RE: Manufactured Home Loan u Account # 000007530942000001 August 4, 2004 JOHN A. WRIGHT 202 BIG SPRING TERRACE NEWVILLE,PA 17241 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 offailure to make timely payments of one or more installments 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) Late Charge(s) Total Due Now $ $ $ 684.30 32.23 716.53 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 day' 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 45 days after postmark of this notice), redeem the manufactured home by paying us all amounts due plus expenses reasonably incurred by us in detaching and transporting the manufactured home 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 at the address above or call me at the phone number lisbod above between the hours of 8:0( 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) 095-11-0000075309420-00001 IVia Certified Mail: 7103 55803025 1287 16131 .......-Nlnt ~Cre&t August 4, 2004 NOTICE OF DEFAULT GREENPOINT CREDIT, LLC P.O. BOX 507 MEMPHIS, TN 38101 888 472-7338 RE: Manufactured Home Loan -- Account # 000007530942000001 ANITA WRIGHT 202 BIG SPRING TERRACE NEWVlUE,PA 17241 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 offailure to make timely payments of one or more installments 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) Late Charge(s) Total DueNow $ $ $ 684.30 32.23 716.53 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 day' 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 45 days after postmark of this notice), redeem the manufactured home by paying us all amounts due plus expenses reasonably incurred by us in detaching and tmnsporting the manufactured home to the site of the sale and ourreasonable attorney's fees, to the 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 the 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) 095-11-0000075309420-00001 IVia Certified Mail: 7103 5580 3025 1287 16201 ............ ~Credlt VERIFICATION I, Ann Miles, Supervisor of Legal Department, and duly authorized representative of Greenpoint Credit u..C, do hereby depose and say subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn 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. ~ Lj- fJI1~ Ann Miles Supervisor of Legal Department Greenpoint Credit u..C (-....-.' _. . ~ \,(.0 '?-~ l' - ~ '-.)J r-._~ ("--~ ~-f ro--. --S:" U. uJ \ <.p. c --.: r' (U) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Greenpoint Credit LLC, CIVIL DIVISION Plaintiff, No. 04- 5102 Civil v. TYPE OF PLEADING: Praecipe to Mark Satisfied Settled and Discontinued John A. Wright and Anita Wright, Defendants. FILED ON BEHALF OF PLAINTIFF: Greenpoint Credit LLC COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Chad R. Callahan P A 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) 765-0.543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, CIVIL DIVISION No. 04-5102 Civil v, John A. Wright and Anita Wright, Defendants. Praecipe to Mark Satisfied Settled and His continued To the Prothonotary: Kindly mark the above matter satisfied and discontinued, without prejudice, SSOCIA TES, P .C. Chad R. Callahan Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, P A 15219-1604 (412) 765-0543 CERTIFICATE OF SERVICE The undersigned does hereby certify.!hat the attached was served upon the defendant by regular First Class Mail this 2- day of 0e~004. Law Offices of Thomas Gleason Thomas Gleason 95 Airport Road Shippensburg, P A 17257 C~' CHAD R. CALLAHAN , ......., ~7_::Jt C'..') (") .'j'l .---1 fT~ l~:: '"(')111 ~; I ',::J C:l f""' ..-) -n [".) <" .) .,j '\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, as Agent and Servicer for Bank One, National Association, as Trustee under the Pooling and Servincing Agreement dated as of November 1, 1999. Plaintiff, v. John A. Wright and Anita Wright, Defendants. CIVIL DIVISION No. 04-5102 Civil 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 LD. #82058 Gregory W. Bevington PA I.D. #92143 Voelker & Associates, P.C. Finn #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, P A 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, as Agent and Servicer for Bank One, National Association, as Trustee under the Pooling and Servincing Agreement dated as of November 1, 1999. CIVIL DIVISION No. 04-5102 Civil Plaintiff, v. John A. Wright and Anita Wright, Defendants. PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue a Writ of Possession in the above captioned matter for the 1988 Royal Coach Skyline manufactured home (serial no. 13110666X) located at 202 Big Spring Terrace, Newville, P A 17241. Respectfully submitted, VOELKER & ASSOCIATES, P.C. LL1 Chad R. Callahan Attorneys for Plaintiff Voelker & Associates, P.e. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219 (412) 765-0543 '\ CERTIFICATE OF SERVICE The undersigned does hereby certify that the attached was served upon the defendant by regular First Class Mail this ~ day of ~ Uo,/L /lI"~y' , 2004. Thomas P. Gleason, Esquire 95 Airport Road ShifJPefl(J)257 CHAD R. CALLAHAN ~ "'> a r -IQ. ~ iJ L.J . 0 & () &J '" ..... -. -- E ('>. ,....... +- ~ \'"' ji:.7( ~ ~ ~~ ~ ~ ~ t" - ~. . ~ - ~. t ~ ~-Jlv~ :-0 ~ !' ~ I/) O~OOD COco 0 J t ~ ~:tJ :: ~ ::~~ G:::) .:. ~ :. Y-I!i:- 't:-- ~ r-o, r-..., , , C';'J C) ~;.) 0', 1 ~ C~,) ::;-J -1"- -'-.; r 11 f- " rTI C;J " C:) (':' , , ~ . , -Q :-!:.} I " () <, ...,"" i l'i 1 -' " r' (,) ~ "I ._~~ \.C' WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) GREENPOINT CREDIT LLC, AS AGENT AND SERVICER FOR BANK ONE, NATIONAL ASSCX::IATION, AS TRUSTEE UNDER THE PI'Y'lT.TNr, aNn ~F.RVTr.TNr, ar,RF.FMF.NT DATED AS OF NOVEMBER 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04-l)1O? r.TVTT. Term No. Term Costs Att'y. $ 123.50 Pl'ff (s) $ Prothy. $ 1.00 ,mHN a _ WRTr,H'l' aNn ANT'T'A WRTGHT 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 I AS AGENT AND SERVICER FOR BANK ONE, NATIONAL ASSCX::IATION, AS TRUSTEE UNDER THE PCX:>LING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1999...1 0 Off -P amtl (s) being: (Premises as follows): 1988 ROYAL COACH SKYLINE MANUFAcruRED HCME (SERIAL NO. 13110666X) 202 BRING SPRING TERRACE NEWVILLE, PA 17241 (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. CURI'IS R. IDNG (SEAL) Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania By: ~()-".Q,P. ~61~V<r---- , '{~ Deputy Date NOVEMBER 18, 2004 '- ~ CI:l "'0 "'0 ~ Z Z 0. ::r ....., :::; .... t)~C3G)g- (t) 0 .... C-l 0 9 0. ....., .... ~ ....., ~ ::r ,-.. ':< r~1 z (t) ':< [Jl [Jl '--' ~~(gl~ [Jl :x:- 0 ~ ~ ~~~~~~ ~~ ~ o~i~S:o I ..... t1l N ~~ H I-' I ~ :J::>ot'j ()Z~ 0 .....:J C3~~ Q ~ (j- ~~~ ~~~ N 0\ . '"'3 t1l iill:;;:~ ii: · ~o ~ffi~~80 () I ~ 'H 0 t'j I-' ~ '< ~ ~~ <: t1l , U>9~ ~ n H ~ ~ H ~ 0 10-',"= <: ~~~BZ(j t-l w ~!~~ ~ i [Jl ~o ~ 'Jl .... ?oo r./J H t-l ~ '"'30 ~oo ~ ~ ~ ~ ~~ ~ 0"-' f;;H::l Io-'trj nn ~ ~ =". ~ ~oo uN ~ ::4i tIloo ~ i~~~~~ ~ en c;;' ~ trl- '"'30 H ~ ~ -<: ~ '--' ~ tt:1 H Z (t) . 0z ~u>i::3 oo~ 0. o::! 't1 -b'7 -b'7 -b'7 -b'7 ....., ....., C. I-'I:t:lH ~trj :3 :3 H() ~ ~~~t""' 8 · I-' I-'H~ ~ ~ N H I-' W \.O() ~ . . \.OH~WZO 0 t1l \.O~ -~ 0 0 ~> H @ By virtue of this writ, on the day of ~ I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this day of Sheriff By Prothonotary Deputy . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, as Agent and Servicer for Bank One, National Association, as Trustee under the Pooling and Servincing Agreement dated as of November 1, 1999. Plaintiff, v. John A. Wright and Anita Wright, Defendants. CIVIL DIVISION No. 04-5102 Civil TYPE OF PLEADING: Plaintiffs Praecipe for Default Judgment Pursuant to PA. R.e.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 P A I.D. #82058 Gregory W. Bevington PA I.D. #92143 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh,PJ\ 15219-1604 (412) 765-0543 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, as Agent and Servicer for Bank One, National Association, as Trustee under the Pooling and Servincing Agreement dated as of November 1, 1999. CIVIL DIVISION No. 04-5102 Civil Plaintiff, v. John A. Wright and Anita Wright, Defendants, PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA. R.C.P. l037(b) TO THE PROTHONOTARY: Kindly enter judgment for possession, in favor of Plaintiff, and against Defendants, John A. Wright and Anita Wright, 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 Complaint. The property at issue is described as a 1988 Royal Coach Skyline manufactured home (serial number 1311 0666X). 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 ofthe filing of this Praecipe. I further certify that the Defendants, are not in active military service. Copies of the Notices are attached hereto as Exhibits "A" and "B". The undersigned verifies that the statements of fact in the Praecipe are true and correct and are made subject to the penalties of 18 Pa. e.S.A. S 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 -' f\: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC. Plaintitf. CIVIL DIVISION No, 04-5102 Civil \' " .lohn A" 'vVright and Anita Wright. Defendants. TO: John A, Wright DATE OF NOTICE: 11/07/2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARc\NCE 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. YOG SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA '"E A LA \VYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA \VYER. IF YO() CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORlVIATION 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, P A 17013 1-800-990-9108 1-717-249-3166 VO~K~J }JSOCIA TES, p,c. -~ Chad R. Callahan Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, P A 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA (rreenpoint Credit LLC. Plaintiff. CIVIL DIVISION No, 04-5102 Civil \. John A. \\'right and Anita Wright. Defendants, TO: Anita Wright f)i\ TE OF NOTICE: 11/07/2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A \VRITTEN APPEAR"-NCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAI~ST YOU. UNLESS YOU ACT \VITHIN TEN DAYS FROM THE DATE OF THIS ~OT[CE. A JUDGMENT MAY BE ENTERED AGAINST YOU \VITHOUT A HEARING A~D YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. VOG SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU \VITH INFORMATION ABOUT HIRING A LA \\lYE R. IF VOl" CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU \VITH INFORl'IATION 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, P A 17013 1-800-990-9108 1-717-249-3166 V~SOCIATES. P.c. Chad R, Callahan Suite 1410. Allegheny Building 429 F orbes Avenue Pittsburgh. PAl 5219-1604 (412) 765-0543 CERTIFICATE OF SERVICE The undersigned does hereby certify that the attached was served upon the defendant by regular First Class Mail this ~ day of 00 IlL"" b/ , 2004. Thomas P. Gleason, Esquire 95 Airport Road Shippensburg, PAl 7257 fW ----- CHAD R. CALLAHAN ~ ~ C ld ~ 0 l'~ 0 c"~..} T_ ,) ~, C ., 1l J;- ~ () .;J~ C.::') 0 ~l:: " -.J R ~ ;-.'\ c:o '1 f! (,) [:: "- T, ~ -'''' -"1 J -" (") ~ -0 --,-'" , en ~~. ( .- I -- 0) (J.r ~ ~ .... \.!.) ~~ WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.) GREENPOINT CREDIT LLC, AS AGENT AND SERVICER FOR BANK ONE, NATIONAL ASSCX::IATION, AS TRUSTEE UNDER THE PI'Y'lT.TNr, aNn ~F.RVTrTNr, AC,RF.F.MF.N'T' DATED AS OF NOVEMBER 1, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, No, 04-1:) 1 O? rTVTT. Term No, Term Costs Att'y. $ 123.50 Pl'ff (s) $ Prothy, $ 1.00 .TORN a WRTr,H'l' aNn ANT'T'A WRTGH'T' 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, AS AGENT AND SERVICER FOR BANK ONE, NATIONAL ASSCX::IATION, AS TRUSTEE UNDER THE PCX)LING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 1999...1, off P amtI (s) being: (Premises as follows): 1988 ROYAL COACH SKYLINE MANUFACTURED Ha1E (SERIAL NO. 13110666X) 202 BRING SPRING TERRACE NEWVILIE, PA 17241 (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, CURTIS R. IDNG (SEAL) Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania '-.. By .A.a-. "- P ~~A<'~ / 00 ux. '-/ i tJ S"I Deputy . 6t/ Date NOVEMBER 18, 2004 \ .'1 ~ ;J> V1 'i::l '"'0 ;J> 0- ::r ..., ~ ...... ::1;"'-3 (9 G:l ~ ~ (1l 0 ...... C-..I 0- :1. S .--. ~ ~ G:l~ ~L:Z ..., (1l ~ ~ v: I"'''' ~...., v: '-" OF; ~~~~~ :J:>' ~ I~"'~ @ :-o~ ~ I-' ti5S@~ ::0 ~O~t"'"O N ?=:::e H $Z tlj ffl n > L: I (9 ~ ~ Q ~ ~ ~~ ~::o~ ~~:::e 0'\ ::0 . ..., U1 irn~::o ~ . :-00 o~~ ~..., I ~ 0 tljl-'l2">'-< ~ W"!"l G; ~~g~ U1 UlO ....., n ~ c.<l ~:J:>' 0 0 "''"0 < ~~~B~8 w ~!~~ ~ I ;c ~O ~ C/l z ~'J1 H W'J1 ~ z~ -<3: c:J&o' E;1H::l ~~ ~~G;f;;~3: ~ i:J:>' =. ~ /JJ'J1 ~ t;1~ tlj ~~ ~ ~ ~ 0 '"\0 UlOF; 8 ...,0 H ~ iz Z ~ ~ 0 @ tlj H Z '"0 0- ~:o fA fA fA fA (lZ f-j ::oUl~ 'J1 I-' tlj H -< ~ Hn ~ ~~~~> ti. I-' N I-'H~ >'J1 H I-' W \0(') ~ . . \OHE;;UlZO 0 U1 \O~ ~>"!"l 0 0 H Q By virtue of this writ, on the day of ::0 I caused the within named have possession of the premises described with the appurtenances, and r.; I.. , ~ s::. @i. l\!"'.1 @;~, (t~~~) ~i~.-j t=:':'::.:::~ :'~ ~:2.~ z z 0 0 0 ~ I U1 I-' 0 N n H < H t'"' ~ ~ 3 3 , to SESSION RETU:~I'! \ 'JAYED AdvCillce Costs: 225.00 Sheriff's Costs 59.04 165.96 Sheriff's Docketing Poundage Proth Surcharge Milage Return 18.00 1.16 1. 00 30:QO- 8.88 59.04 E E :l d b I ^ON I100l Refund to Atty on 12/3/04 \jd f/\lriI4U~j \.:j.J ,i... l~:;;:j(~;t',:,i}J j,:HH3HS :::ll-U jU jJI~~~ns . ~ A~ ". Sworn and subscribed to before me this -LS'-~}~.:f!!;#~~"",,,,,,,, day of /..1e-Le.~ , ;l ~'l.: 't ~U~ ()17~ ~ Prothonotary I .;{~, ..,....Ai. ~,..,.~ .. jiVlLJb~ ~" Shea By (,- , (J-U-~/t>- I \yvC Lk.. 4 ~c,r'1 ora<. )Sf3i 1 ~ ',- SHERIFF'S RETURN - REGULAR CASE NO: 2004-05102 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS WRIGHT JOHN A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - REPLEVIN WRIGHT JOHN A the DEFENDANT , at 0810:00 HOURS, on the 18th day of October 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 JOHN WRIGHT by handing to a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 Sworn and Subscribed to before me this 'I ~ day of ~ JlJ()f A.D. ~Q - , m,J/1.L/ Prothonotary ,~ So Answers: i:;"/ ~ --~~~'i,~?':~ ....~,., _.",-.;;.".~ Kline 10/18/2004 VOELKER & ASSq~ By, A~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-05102 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS WRIGHT JOHN A ET AL 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 WRIGHT ANITA the DEFENDANT , at 0810:00 HOURS, on the 18th day of October ,2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ANITA WRIGHT 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 Service Affidavit Surcharge So Answers: ,//7 ':'d~ .' ~.. ...J. - ': :,;-',_:'~;_~!,-~"t:' 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline Sworn and Subscribed to before By: me this -16: day of ~ JOO~~ A.D. L, lU-a~$r f othonotary ~ 10/18/2004 VOELKER & ASSOC