HomeMy WebLinkAbout02-3557IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
CIVIL DIVISION
No. O;;), --
Complaint in Civil Action - Replevin
I~in Levy, Deceased, and
Bette J. Levy,
Defendants.
Filed on behalf of:
GreenPoint Credit Corp.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp., )
)
Plaintiff, )
)
V. )
)
Irvin Levy, Deceased, and )
Bette J. Levy, )
)
Defendants.
CIVIL DIVISION
Complaint in Replevin
NOTICE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(800) 990-9108
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISE THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §
1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY
(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION VVITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IN THE COURT OF COMMON PLEAS OF
GreenPoint Credit Corp.,
Plaintiff,
Iwin Levy, Deceased, and
Bette J. Levy,
Defendants.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
THIS FIRM IS A DEBT COLLECTOR
A'I-rEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT
REAFFIRMED, THIS NOTICE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST
PROPERTY.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit Corp., by and through its attorney Erin P.
Dyer, Esquire and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit Corp., hereinafter referred to as "Plaintiff" or"GreenPoint,"
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, Pennsylvania 15317.
2. Bette J. Levy, hereinafter referred to as "Defendant," is an individual whose
last known address is 305 Walnut Lane, Carlisle, Pennsylvania 17013.
3. On or about November 10, 1998, Defendant and her now deceased husband,
Irvin Levy, purchased a 1999 Colony Aurora Manufactured Home, Serial Number
SX11843AB, (the "Mobile Home"), from Lebanon Valley Mobile Homes (the "Seller"), and
entered into a written Manufactured Home Retail Installment Contract and Security
Agreement (the "Security Agreement") for the payment of a portion of the purchase price
thereof. A true and correct copy of the Security Agreement is attached hereto as Exhibit
4. Seller assigned its interest in the Security Agreement to Plaintiff, GreenPoint.
GreenPoint perfected its security interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B."
5. On November 6, 2001, Irvin Levy died and his interest in the Mobile Home
were transferred to his wife Bette J. Levy, the Defendant herein, by operation of
Pennsylvania law.
6. Plaintiff avers that the approximate retail value of said Mobile Home is
$61,000.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
7. Defendant defaulted under the terms of the Security Agreement by failing to
make payments when due. As of July 12, 2002, the Defendant's payments of interest and
principal were in arrears in the amount of $3,489.58. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of July 12, 2002, is $61,741.45.
8. Plaintiff provided Defendant and her husband, then deceased, with thirty (30)
days notice of intent to repossess the Mobile Home. A true and correct copy of the notice
of intent to repossess the Mobile Home is attached hereto as Exhibit "C."
demand.
Defendant failed to cure the default or return the Mobile Home upon Plaintiff's
10. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
11. Defendant filed for protection from her creditors pursuant to the provisions
of Chapter 7 of the United States Bankruptcy Code on February 8, 2002. The Debtor was
granted a discharge on May 22, 2002 at which time the provision of the Bankruptcy
automatic stay were lifted. A copy of the Bankruptcy docket is attached hereto as
Exhibit "D."
12. The Security Agreement provides that in the event of default, Defendants will
pay:
a. the reasonable attorney's fees of seller or of seller's assignee,
provided that prior to commencement of legal action such fee shall not
exceed $50.00;
b. Court costs and disbursements; and
c. Costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
13. In order to bring this action GreenPoint Credit Corp. was required to retain
an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests:
a) judgment against Defendants to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home.
Erin P.
PA ID N~
umber: 527"4"8-
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
VERIFICATION
Don Turosik, Collection Manager and duly authorized representative of GreenPoint
Credit, LLC, deposes and says subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing are true and
correct to the best of his knowledge, information and belief.
Don Turosik
Collection Manager
GreenPoint Credit, LLC
I~NSYLYANIA '---' ---' ~_.
M~ FIXmU nam co,teAc'
RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, I~;il~ll LeAN,LAN. ;'01 '10289
WAIVER OF TRIAL BY JURY AND AGREEMENT TO~;~!i;~==~=~ ~'~
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE 7
(co traot)
NAMe:
B~ERS NAME: ~ CO~N~:
~ORE~: ~25 PL~S~IEW ROAD Cl~: ..L~ISBERRY STATE PA ~ 17339
~HONE (717) 932'0719 ~S~.~): 167-16-1229 171-28~2'~7
~SEO ~CATiON OF MANUF~RED HOME 306 WA~T ~E ~ CARLISLE, PA 17013
"1," "me,' 'm~elP or 'my' m~n all ~mons who sign ~ls Co~= as buyer or ~-buyer, ~ln~ and sevemlN, ~d 'you"
"youW m~n the Seller sod soy aas[goee. ~is Contm~ will ~ subm~ to ~e Omd~ indited ~low, at a 10~
a~p~ved, ~ w~ ~ ~sigo~ ~ that O~d~r. On ~e da~ of thl,. Cen~, I b~ from yeu un a e~ sale ~els ~e m~
home d~cdb~ on ~ge 2, ~her w~h furnishings, ~ul~mem, applianc~ and a~sed~ Inclu~ In the
hems ~ ~e fl~e of pu~hase (~fl~ "Man~e~umd Home').
ORED~OR: GRE~POINT CREDIT CORP.
PROMISE TO PAY: I promise t~ pay you st such address as you may direct the Unpaid Balance shown on page 2 of th~
Colltra~t (Item 5) with Intereet~ th,e rate of:
year until the ~ebt is fully paid. I-will pay this amount in In,.tallments as ,.hown in the p&ym,.nt schedule until the Unpaid Balan¢~
is fully paid. If, on ~ ~ / ~4~/2 3 , I still owe -.ny ~mcunt under this Contract, I will pay such amount In full on that date, whicl
is =stied the 'Maturity O~[te.' Each monthly payment will be applied as of its scheduled due date. If no interest rets it~ dipoles
shove, the int,.mst rote is the Annual Pementage Rate shown below.
FINANCE CHARGE Amount Financed Total of Payments Total Sale Price
'l~o tOtel ~at of my
$ 6~700.00 :
$110,397.50 $ 60~2&2.50 $170,6~0.0~
ANNUAL
PERCENTAGE
RATE
10.50 %
rel~yment In full before 1~e eaheduled
and pmpsymentreflJndS and
penaY~es.
~o paye penadty, b~ I will not be
~C~: Ifa~nt~more~an ~5 da~la~,l~ll~e~a~. 2 %of~aunpal~a~u~of~u~p~y~t, not~ex~
S 5.00
~um~n: ~me~e~u~ my M~uf~r~ Mom maynot ~u~
EXHIBIT "A"
9T/TI:'d £98T -aTe 00@ 8t':~'l: aoo~-gT-qnf
I~nufaeture~
· m.~DENAME:COLONY FACTORY CP, AFTED Hl~
NIb-W:
ADDmONAL AIR CONDITNG
ACCEg~.~ORIES
AND FURNt~H~NGS: D~CK
MOI3EL: AURORA
[.EN(3TH: ~ 0 ft. WIDTH: 2 8 It.
SKIRTING
1. Cash Price (l~cJuding Sales
Taxof $ .00): $ 66,900.00
2. a. Cash [:~wn Payment $ 6,700.00
b. Trade-In (Year, Maim, M~Ial):
Length Width
Gro,~ Value $ .00 [Jane
Net Trade-In Value $
Total Dm~n Paten!
3. Unpaid Balanm of Cash Pri~e (1 minus 2)
.00
(~eller ~ MY off)
6,700.00
$ 6.0,200.00
PROPERTY INSURANCE.' @mpe~'y Insurenee on the
Manufactured Home la required for the term of this
Contra~t I have the dght to choose the pellon through
whom it is obtained. By me, king the appmpHeta line
below. I eMot to buy tho coverage Incllc~ted from you
for the ta~n and premium shown, and I want it flnsneed
on this Contrast.
Type of Insurance Term Premium
P~c~a. 0MOS $ .00
~r: NOTARY FEE
TO:
$ [5.00
$ ,00
FQf:
g. TO:
For:
h. To:
$ .00
$
Total (a + b *o + d sa ~. f * g ~.h).$ 42.50
OMO$ $ .00
$
LIABILITY iNSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life Insurance la
not required for thio Contract or s faotor In ~ approval
If I elect Credit Life Insurance, the name(a) of the
proposed insured(a) ere:
proposed insured
Proposed Insured
(Only spouse can be Insured jointly.)
This Insurance may not pay off ali of my debt, an= the
ex~ amount of coverage is shown on my policy or
ce~tlflcate, My $1gna~ure Indl=atee my electlon to obtain
Credit L~fe Insurance coverage for the term and
premium shown:
Type of Covemcje To(Tn Premium
Single $
.... Joint $
5. Unpaid asians (3 plus 4) $ 60,2&2.50
6. I~'el~&l¢l finance Charge ............. $ .00
?, Am=unt Rnan(:ed (5 rainus 8) ......... $
' I undemt~nd and agree that a portion of ce~taln of these amounts
may be stained by you or your affiliate.
Dato~
Date
(If jolm'~varage la dMIred, both proposed Inaurede mua~ sign.)
ORIGINAL COPY
ADDITIONAL 'I~RM"~ AND CONDITIONS
SECURITY INTEREST: I grant you a securtty interest under the Unifen-n Commel~lai Code in (I) the Manufactured Home and ir
ail goods that are er may hereafter by operation of law become accessions to ~ (2) all appliances, m&ohtnery, equipment aec
other COOtie furnished with thc Manufactured Home (whether ar no~ Inc..lied or a~flxa<l to it) Including but nat limited to the Item~
listed as "Additional Accessories and Fumlahings" on' page 1 of ~hls Contract. (3) any refunds of unearned insurance pramium~
financed in this Contract, (4) any sul:~tttutlons or replacements of the foregoing, anti (=") ell pmcaede cf such Manufacturac
Home and accessions, and of any Ad. ditlonal Acceesories and Furnishings. This secu~y Interest securec p~yrt~nt aec
performance of my obligations under this Contract, including any additional aebt a. dsing because of my failure to pedorm m}
obligations under thio Contract and Includes any contractual extaneions, renewals or modifications. My exe~utlorl of this Contract
constitute~ a waiver of my personal property end homestead exemption ~fghta to the personal property herein described. I wll;
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to pa~fect your
security interest In any pereonai propo~'~y and fixtures. I agree that you may file this security instrument or a reproduction their
in the real estate racorcls or other ,=pproprlate index .as a financing statement for any of the items specified above. Any
reproduction cf this security inst~'ument or any other eecurity agreement or financing statement, and any extensions, renewals, or
amendments thereof, shall be euffioient to perfect a security interest with reepect to such items,
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FUI. L OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT,
THERE WILL BE NO CHANGE IN THE DUE DATES OR AMOUNT~ OF MY MONTHLY PAYMENTS, UNI.E~S yOU AGREE
IN WRITING TO THOSE CHANGES.
PROPERTY INS U RANCE:
a, Minimum Coverage, I am required to provide physical dam,=ge insurance coverage protecting the Manufactured Home for
the term cf this Contract again~ [cas Dy fire, hazards included within the term "extended coverage* and any other hazards,
including flood, for which you require insurance, in an e. mount equaJ to the lesser of the actual cash value of the
Manufactured Hame or the remaining unpaid balance I owe from time to time under this Contract (the "Minimum Coverage").
The Ineuranca policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a
10.(~sy notice of cancellation to you. LJnJess you consent in writing, I shall not adc[ any additional loss payee to the insurance
policy. I h~.ve the right to choose the person through whom the Propo~3' insurance policy is obtained. If my insurance
coverage expires or is cancelled pdor to payment in full of thio Contract, ] must obtain no less than the Minimum Caverage al
my expense for the remaining term cf this Coi~trac't, Should I fall to maintain Lhe Minimum Coverage, you may, but are
obligated to, obtain Ineurance coverage. I agree that any insurance you purchase may be for the prote~ion of only you~
Interest in the Manufactured Home, rhay not fully prcte~ me In the event of a leas, sad may be for such reasonable period ag
you determine~ if you decide, in your cole discretion, to ol3'~in insurance, you will notify me cf that fact end that the coat, plu~
interest st the Contract rate, will be added to my debt, I will repay such amount dullng the term of the policy in the manne~
requested by you. I unOemtand that the insurance premiums may 13e higher if you must purchase the Insurance than might b~
the case if I had purohaseq the Insurance, sad that you may purchase the insurance from an affiliated company which
receive a profit for this eervloe.
b. Aealgnment end Applicatian of Insurance Proceeds, I hereby grant anti assign to you the procescls of any and al
Insurance coverage on the Manufactured Home, including say optional coverage, such as earthquake insurance, which ir
~pe or amount is bayon~ the Minimum Coverage. In the event of a lose to the Manufactured Hame, I shall give prompt nm'ic~
to you and the Insurance cartier. If I fail to promptly notify or make proof of loss to the insurance carder, you may do so on ml
behalf. All physical damage Insurance proceeds, inolucting proceeds from optional coverage, snell be applied to restoration o~
rape. Jr of the Manufactured Home, unless you and I agree otherwiee In writing or unless such restoration cr repair Is
economically practical or feasible, or your security interest would be lessened, If such restoration or repair is net practical el
feasible, or your security Interest would be lessened, you shall ~.pply the insurance proceeds to the remaining unpaid
cf this Contract, whether or not then due, and give ma any excess. I authorize any insurer to p~y you directly. I herebY.
appoint you as my limited attorney-in-fact to sign my name to any check, draft, er other document necassary to obtain suet
Insurance payments.
LATE CHAI~GE: I agree to pay a late charge for late payment as set forth on the front of this Con+a'am. Only one late charge wll
be made on say ,,elinquent insteJIment regardless of the period for which that installment romaine in dofauE. After this Contrac
maturae, whether by acceleration or otherwise, ] will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you the actual charge of the dishonoring insffiutlon (or such higher amoun
as allowed by law) if any check given to you is not honored because of insufficient funds ar because no such account exists.
COPY
9~/£~'d £98T £TB 008 T9 .LNIOdNBBW9 S~*:P~: 800E-gT-]lg£
EVENTS OF DEFAULT: I w~ll ~ In'or.fault under thio Contract ~: Ce) I ~1 ~ m~"~y payment ween sue: C~) ~ ~ to ~me~
Msn~a~r~ Home is I~ted; (c) I violate r~t~Ne ~venanm, ~1~ or r~ul~ona ~laflng ~ the ~1 pre~ and/or fa~l~
where ~e Manufa~ Home in I~t~; (d) I tell to k~p the Man~a~umd Home In g~a mpmr and ~nd~on. ~ you ma
~on&b~ dateline; (e) I remove the Men~a~u~ Home from ~e ~dm~ sh~ an ~le Contm~ unless I no~ you Ir
edvsn~ ~d ~lve ~ur w~n ~neem; (~ I sell or ~empt ~ sell or to tr~er ~ny ben~lci~ imer~t in ~e M~a~
Home w~om first o~ining your w~en ~naent; (g) I ~llow ~e M~a~u~ Home to ~me ~ ~ any m~ ~ta w~o~
fl~ o~nlng y~ur w~en ~neem; (h) I encumber or a~n~on me M~a~u~ H~e or uae ~ for hbo or llleg~ ~ I fall b
pmm~ ~y ~y ~es and ~her Ilea* and encumbran~ on the Man~a~u~ Home or on the r~l pm~ on which E ~
I~ted, ~thls Is ~ r~nsibill¥, and/or ~ ~ fall to do an~hing abe whiah I have pmm}e~ ~ do under this Co~ra~
N~IOE ~ DEFAULT: If any of the s~ve sp~l~ Even~ of D~au~ have o~u~, you may do whmever Is n~s~ t~
~ ~ def~u~ You will, ex~ ~ s~ ~h ~low, fimt give me a NeU~ of D~u~ ~n~ RIg~ ~ Cum D~u~ ~m yo~
&~lemte p~ymem of ~e remaining u~Jd bel~ce I owe you or ~ee~e. er ~loee on ~y p~po~ which secures th~
Oo~ The No~lce will tell me what my d~u~ Is ~nd how I ~n cum ~. ~x~ ~ ~ulmU by appll~ble law, you am no
~ulmd ~ send me t~ls NoUce when (~) you h~ve slm~y eem· No~ee ~i~ w~hin the pre.lng on.year ~rl~, ~ I ~w
~ndon~ or volu~Hly su~naem~ ~e Men~a~umd Home, or (3) other ~reme olmum~ exl~
CU~E ~ DEFAULT: I m~y cure ~ ~ault ~t any time ~om t~le to the Man~a~umd Home Is tmn~e~ from me, which wi
~ ~t le~ ~ ~ ~Rer m~l~ of the Notice o~ D~auR ~na ~[ght to Cum O~au~ To ours ~ d~u~, I must pay: (a) all ~ou~b
which ~uld h~ve ~en due In me ~beence ct detour ~nd e~lere~on; (b) ~ a~rney fe~ sm ~ ~low; (c) ~y I~te gh~el
th~ am due; ~nd (d) m~able corn which ~re ~u~ incu~d for d~chlng and ~anspo~lng ~e Manufa~r~ Home ~ ~,
e~ of sale. I must a~o pe~ any o~er obligation I would have had ~ pe~o~ In the ebeen~ ct defauR.
REM~IES UPON DEFAULT: If I ac n~ cure the ~efau~, you m~y do e~er or both ~ the ~llowlng at the end ~ the ~c~
~Hod, ~e allow~ by appll~ble law: (&) you ~ r~ulm me to imm~ietely p~y ygu ~e entire remaining un~ b~ du,
under ~le Contm~ plus e~cm~ Interss~ ~r (~) y~ ~n mp~e ~e Manufa~ur~ Home pumuam to the ~¢u~ Intem~
give you uneer this Contm~ If you am not r~ul~ to sene me ~e N~I~ ~ ~fau~ ~ ~lg~ ~o Cure O~au~, you w~i h~ve
thee dgh~ lmm~l~te~ upon my def~u~. On~ you g~ ~es~elon of ~e M~n~e~me Home you will sell ~ If the ~eun~ Iron
the sale, ~ expenses, Is l~s than whet I o~ you, I will pay you the d~mnce exce~ ae othe~lee pr~lded by law. At
rambles ~e cumu~Ne and you may enfome them separately or t~ether in any o~er you d~m n~sa~ ~ pmt~ you
8~u~.
ARBITRATION OF DISPU.'I'ES AND WAIVER OF JURY TRIAL:
e. Dispute Resolution. Any controversy or claim between Or among you e, nd me or our assignees arising out of er misting to
this Coati'act or any agreements or Instrument,~ relating to or delivered in connection with this Contract, including any eleir~
based on or arising from an alleged tort, shal~, ~f requested by either you or ms, be determined by e. rbitmflon, referenco, o
trial by & judge es provided below. A controversy involving only a single claimant, or claimants who are related or essertln!
claims arising from a single transection, shell I~e determined by arbitration as described below. Any other controversy shall I~
determined by juclicial reference of the controversy to · re~eroe appointed I~y the court or, h' the court wi~ere the controversy,
Is venues ladles the power to appoint e referee, by trial I~y · judge without a Jury, em described below, YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO't'RIAL BY JURY, AND THERE SHALl. SE NO dUR~
WHETHER THE CONTROVERSY OR CLAIM I$ DECIDED BY ARBITRA'llON, BY JUDICIAL REFERENCE, OR B3
TRIAL BY A JUDGE,
b, A~itretion. Slnco this Oontract touches and ~ncems Intemtete ~mmeme, ~n a~tlon un,er this ~onVa~ shell ~
~ndu~ in ae~ffian~ w~h ~e UnR~ Stat~ A~mt~on A~ ~le g, UnR~ ~t~ C~e), no~he~ndlng any ehoi~ a
law provision In this Contm~ The Commercial Rul~ d theAmefl~n A~tlon Aes~i~on C~") SleD shall app¥ ~
~r(s) sh~ll follow ~e law an~ shell give ~e~ to ~at~ ot llm~tien in dete~lning any clNm. A~ ~n~vem~
~n~mJng wh~er an Issue la e~Itr~ble shell ~ d~e~in~ by the ~bl~s). The awa~ of the a~r~or(s) sh~l ~ Ir
wrying an~ Incl~e a s~tement o~ r~ona for the award. ~e aw~ shall be final, dudgme~ upon the aware may ~ eMe~
in ~y ~u~ having ju~edl~ion, and no challenge to en~ of ~dgment u~n the sw~ shell be e~i~ed ~ e~
pmvid~ by ~ion 10 of the Un,ed S~t~ Arb~ration A~ or u~n s finding of m~ InJu~.
o. Judicial Referenda or TH&I by · Judge. If requested by either you or me, any contmvemy or claim under subparagraph
that is not submitted to arbitration as provided In sui01~ragreph (b) sh~ll be determined by referenda to a referee appointee
by the court who, sitting alone and wRhout jury, shall decide all questions af law and fact. You and I sheJI designate t~ the
court a referee selected under the auspices of the ~ In the same manner es emttrstors em selected In AAA-eponsorec
proeee~ings. The referee shall be an active attorney cr retired judge. If the court where the controvemy is venued lacks tho
power to appoint e referee, the controversy instead shall be decided by trial by · judge without a jury.
arid Pm~,~lonal Remedies. The provisions of this ~h shall not ffm~ any rlghm mm you c
~, ~ay have ~ exercise ee~-help remedi~ such ~ em-~ or m~ee~. ~ ~o~e ey ~r et aa~ or Judlel~ly ag~lnm
Sail any ~lla~ral or a~ur~, or to o~ln any provisional or ~eilla~ ~m~lee from a ~un o~ ~m~te~ ~Heai~ ~
~er ar ~unng the penden~ of ~y a~Rmuon uneer aue~r~raph (b) a~ve, Ne~her ~e o~ning ~r ~e ~e~ ct a~
eueh remedy ah~l ~e ~ a waNer ~ the rlg~ of e~er you or me ~ deman~ that ~e ~1~ or any o~er dispute
~ovemy ~ ~e~in~ by arB~mtion aa pmvld~ ~ve.
A~ORNEY ~ES: if I prevail in any legal a~ion or ~Rmtion pre.ding which ia ~mmenc~ In ~nn~on w~ U
~ment ~ ~ia ~on~a~ or any inM~ment or agr~ment r~ul~ under ~ia Oon~, or in ~nn~lon ~h any ~lepu
relating m this Oontm~ ~u will pay my r~ona~le a~omey fe~. ~ou~ ~m an~ n~assa~ ~laUumeme~ Inour~
oonn~on w~h such a~ion or gm--lng, aa ~e~in~ by ~e ~u~ ~e ~er~. or the a~Rm~e) in a~rd~ w~ U
law, If you prevail in any such a~lan or p~e~ing, or In the examl~ ~ any aeC-help remedy ~ deeo~d a~ve, I ~11 ~y m
~un ~m and ne~ea~ ele~umemenm to ~e full e~e~ pe~ ~ ~, ~ether wRh r~onable f~e Imp~ on ~u t
an a~ney who ia n~ your ealarl~ employs, provided ~at p~or ~ ~mmen~me~ ~ legal ~on such f~e may n~ ex~
~0.~ and fu~her pmvid~ ~at ~o a~orn~ f~e rosy be che~ed p~or ~ my r~ipt of the No~ ~ D~au~ and RIg~ to Gui
DdauR.
OTHEFI TERMS AND CONDITIONS: I agree: (a) to pay with my monthly Installments, if requeetea by you to do so, t~
estimated amount necsesal'y to pay yearly taxes, assessments and insurance premiums that will be~me due within ff
next twelve-month period; (b) to pay you a transfer fee i/l sell the Manufs~turod Home, unless such fee is prohibited 0y law; 0
to pay Interest at the Cont~aet rate on the remaining unpaid balance plus accrued Interest, from the date of maturity until paid i
full; (a) to reimburse you Immediately upon your demand, with Interest at the Contract rate, the amount o1' funds you actual
advance on my behalf to ¢orract my default; and (o) that If I em merrle~, and melding In · ~mmunity property state, both m
~mmunity property and separate property will be liable for all paymenm due under' this Contract.
ASSIGNMENT: You may uslgn this Contra~t to a~y person or entity. All rights granted to you under this Contrast shall apply t
any assignee of this Contract.
CREDIT INFORMATION: You may Investigate my credit history and credit capac~ In connection with opening and ~OlleCtln
my account and share information about me and my account with cn~lt reporting agencies. You may sell or othen~vlse fumis
information aleut me, including insurance information, to all others who may lawfully receive such information, You may fumis
specific information ai~out the Manufactured Home and any insurance policies on the Manufactured Home to any lnsuranc
agent to enable such ~gent to quote premiums to me and solicit my insurance business.
WAIVER: Waiver of any default shell not constitute a waiver of any other default. No term of this Contract shall be change
unless in writing and signed by one of your officers. This Contract is the entire agreement bet~yean us and I agree that no omi c
implied representations have been made ta induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shall be Interpreted in such manner aa to be effective and vell~
under applicable law, but ~' any provision of this Contract shall he prehibRed by or Invalid under applicable law, such provislo~
shall ice ineffective only to the extent of such prohibition or Invalidity, without invalidating the remainder of such provision or th~
remaining provisions of this ContraoL This Contract shall be of no effect until and unless elgnm~ by me and you. In no event she
any charge under this Contract exceed the highest amount allowed by applicable law. If any ex~ess charge is ie~elved, sucl
excess shall be refunded or appliact to the amount due.
GOVERNING LAW: Each provision of this Contract shall be construed in accordance with and govern~ by the laws of the stat,
of Pennsylvania, provided that to the extent you have greater rights or remedies under FederaJ law, such choice of ~tate lev
shall not be deemed to deprive you of such greater rights and remedies under Feaeral law.
ORIGINAL COPy
.~OLVING OlSP~ BY ARB~flA~ON, R~ER~CE, OR ~L BY A JUDGE, AND NOT BY JURY ~IA~ A
AGREE ~AT ~;~ CO~RA~ ~E~ FOfl~ OUR ENTIRE AGREEMENT AND ~AT NO ~ER PROMisES HA
B~N MADE.
SELLER:
SELl I=R~
ADDRE,B,~:
LEBANON VALLEY MOBILE HO~ES,
13~1 E. MAIN ST.
If you do not meet your Contract obllgstlQnl, y4
~ey Ieee your ..m~rnufactured hQme.
N~lee to Buyer. ~ n~ 81gn this Contra~ In bier
You are emltl~ to an exa~
= ~py of the Ce~ra
you sign. Keep It to protect your legal right.
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTR
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. ACT AN
ASSIGNMENT BY SELLER
TO ~REDITOR JNDICA~D ON PAGE 1
W~h me~ t= this m~] in~llment comm~ ~Ce~m~ 8igno~ by eno or more
and waffa~te ~at: (1~ BWana cr~ ~atemeN submlE~ herew~h le ¢ompl~ely accurate units othe~lse ep~fl~; ~ Buy~
w~ I~elly ~m~ent to ~n~a~ at the Urea of BWana ~ec~Jon ~ thio Comr~; ~) thio
sale of ~e merch~dlse d~e~b~ in this Contra~ (4) the down ~yment w~ made by
and no pa~ ~emof w~ loaned Olr~ly or in.lre~ ~y Seller te BWe~ (~ any trade-In, or
p~ of the down payment is a~umtely ~esc~ on page 2 and has ~en v~ued at ~
on su~ ~ad~in or o~er pmpe~ is a~urately ~eec~d on ~ge 2 and has b~n pal~ off by Seller prior to c
~ntem~ran~usly w~h the ass~nment of this Con~ to C~ (~ ~em is now owing
herein; ~ this Contm~ a~ any guaran~ eubm~ed In ~nn~lon herew~h le In all ~p~ l~aJly enfeeble
purpo~ e~nato~ there; (8) Seller h~ the dght ~ a~sign thio Contra~ ~d there~ to ~nvey go~ t~e to ~ (~) Jn ~e ever
~ any claim or d~ense seceded by any Buyer, or any helm or ~aigne ~ Buyer. w~h ~p~ to the Ma~ufa~r~ Home c
~er pm~ or consid~aflon tr~fe~d pumua~t ~ this ~aJJ In~llme~ ~, Seller ag~ that ~ will indemn~ and hol
C~o~ ha~l~a from all Such clams and detens~ aa well M f~m all oos~ m~nab~ Incu.~ by C~r In ~nn~lo
· erew~, including b~ nm limited ~ m~onaDle a~omey f~e an~ ~uR ~affi: and (10) In a~an~ web the FalrCmd
Re~ing A~, Seller hM notff~ Buyer thru this Contm~ Je to ~ eubm~ to
For value ~eiv~. Seller hereby ~signe ~ Cmd~or all ~ dg~, ~e and intere~ In this Centm~ and the pm~
which ~ t~ eubJe~ mawr he~f ~ authoress Cm:~ to .o eve~hlng ne~ea~ to
te~e ~ any exl~fng wrl~en agmemen~ be~n Seller an0 Cr~or governing the
her~ by ~emnce, ~ ~ing undemt~ that Cmd~or relies u~n the a~ve wan'amies eno u~n said ag~menm In pumhulm
ORIGINAL COPY
O~'N"[E ', CREDET
Ol;FTCE. Pr 2"::5::,: ":%":~ ';: : -
· .,o.,~., EXHIBIT "B"
NOTICE OF INTENTION TO ACC~LEgATE. CONNEHCE LEaL ACTION OR REPOgSESS
GgEENPOINT CgEOZT, LLC
RE: a factur d ~o o. . Account
BETTE LEVY
306 VALHUT LN
CARLISLE PA 17013-?E20
YoU era nog in default on your Manufoct~rod Koma Loan Contract. 2f you correct the defauLt~ you cay
oont{nue ~ith the ¢~trect aa though you dad nat defauLt, Your default coflejots of falLore to make ttmoI
payments of one er more instaLLments ,as agreed to Sn tho tarme of the aontrcct.
Thirty-one (31) days after the date 'of this notice, He may have the right to eo~menca Legal action end
Late CharoaCa) $ 25.00
Total Due M=~ S Z,30O.Z0
credStnr's righta; Any partial poy~ent of the amount due Nhlch is reoelved by us NELL be applied to you
occeunt, You uilL need to ply the fuLL amount )~Z the date Indicoted above In order to Gore your defoutt
yom do not correct your default vlthin 3l days due ~rem the postmarked date of this not,ce, wi may
axerciae our rights against you under the La~ by accelerating your debt end either repossessing your
_..pther diepoaition, CuhJch sheLL be et Least 45 days after postmark of ~hf¢ notice), redeem the manufaot~
homo by paying us aLL amounts due pLuG expe~aea reasonably ;ncurred by ua in detaching and transporting
between the houra of ~OO a.m. and 5:00 p.m., HQnday through Friday.
If any additional regular oayment becomes due during this cope period,
order to ovoid any furt ~ttempt to correct · debt and any
?nfornm~on obtained #1
PA cl--) o61.11.ooo.7 GreenPolnt
EXHIBIT "C"
NOTXCE OF t#T£#T2ON Tm ACCELE~ATE. ComlqENCE LEGAL ACT[Om OR REPOSSESS
RE: gcnufsoturid ,oma Loin - Account #000go?~30854600001
You are nog in defauLt'an your Hanufscturad Hame Loan Contract, Zf you correct the default, you may
continue ~lth the cofltro~C aa though you did not default. Your default oo~$lats of failure to make ttmel
Thirty-one C$1) daya after the date 6f chis nQtiae, Ne m~y have iht right to commence Imllt action and
rmpaaaeaa your manufactured home.
C~re of dafmult~ Ymur ~ay cure your defa~ by making payment in the amount indicated bato~:
Peat D~e ~onthLY PeymemtCa)
S 2,27~.20
Late Charge(a) $ aS,00
Tatar Due Nov S 2,300.20
Creditor's righter AmY partial payment of the amount due ghich is received by ua vTLt be applied to ymUl
account. You uTLL need to pay the fuLL amount by tho data IndTcated above In order to cure your default
you do not correct your default utthlm 31 days dui ~rom the postmerkec date of this notice, am may
exercise our righta against you under the tau by aoee~ereting your debt and etther repamelaalmg ym,r
home.
other disposition, (Nhich shaLL bo at tease 45 days after postmark of this notice), redeem the memufmctu
home by paying ua eLL ama,nra due pLua expanses reasonably Inourred by us iff detaching and transporting
if you hive any 4ulet~ens, urfta to ua at the address above or colt me et the phone number Listed above
bituean the havre af 8:00 a.m. and ~:OO p.m., Henday through FrSda¥.
if this default #aa caused by your faiLvra to m&ka a payment or payments, and you ~ont to psy by malL,
CC: FiLm
If any additional regular payment becomes due during
order ce avoid any further defcuLt. Thio corrmapmndsnce {a an cttempt to coLLect · debt and any
in~mrflmtton abra{ned will be used for that purpace.
PA Cl&&) O&l.11.000OO75308S&&'OGQ01 GreenPoint Cn
GgSHKPOI#T CREDIT, LLC
4CO gOtJTHPOI~T~ BLVD 2ND
SOo 959-7398
RE: Manufactured Home Loam · Account #000007530854600001
ESTATE OF IRVI# LEVY
gAL#UT LR
CARLigLS, PA 17013
You are now iff default om your HenuOsctured Home LoRn $ofltrac~, If you correct the default, you may
continua mtth the aofltraot el though you did not default, your defaul: consists of failure to make tfmol
payments of one or mere InstaLLments, os agreed to in the terms of the contract,
Thirty-one C31) days After the date of thls notice, Me may hove the rtght to commence Legal action and
Cure of default: Tour may cure y~ur defauLt by making payment in the ~mount indicated beLam:
Past Due Monthly Payl~afltcI)
g 2,275.20
Late charge(s)
25.00
Total Due Hoe g 2,300.20
C~adttor~a rights: Any partial Payment of the amount due Hhlch ia received by us will bo appLied CO you
eocmumt. You NELL need to pay the furl amount by the dote lndSoatad Ibove ia order to cure your default
yam do mot correct your default within 31 days due from the poetmerkad date of this notice, we may
exercise our rffht$ against you under the Leu by accelerating your debt amd a|ther reposeaaeffll your
manufactured home ar, $f necessity, bringing a court action to obtain possession of your mlnufectured
hame.
Zf we elect to exorcise our rlghcs against you by repossession of the manufactured home you may, at
time be~ore He seLL or otherwise dispose of the m&flufecturd home or enter Into · contract for its isle (
other disposition; (#hJuh shaLL be ct Least &5 days after postmark of thio notice), redeem tho msnufect~
home by Paying ue ail emaunco duo pLut expenses reaaansbLy incurred by us in detaching mild transporting
the manufactured hame to the site of the sale and our reeaenobLe attorney's fees, to the extent permitte
between the hours of 8~00 a.m. end 5:00 p.m., ~ondoy through Friday.
if this default uae caused by your fcfture to make a payment or pcymamta, and you want co pay by maiL,
CC~ Ff~e
If any additional regular Payment becomes due during thio cure period, thee payment must also be paid J
order to ovoid any further default. This correspondence {s an attempt es coL%eot a debt and any
Iflformltlom obtained wILL be used for that purpose.
PA c~4~) 061.11.0oo0o755o8s~6-o0o01 G eenPolnt
Pq~ ~'~ ~ ~9 INT~dN~D ~:~T ~-9~-~£
Bankruptcy Full Case Summary
1 02-00705 (Harrisburg)
LEVY, BETTY J
Harrisburg [ County:
Cumberland
Judge: Robert ~, Woodside J
Trustee: LAWRENC~ G. FRANK City/Phone: HARRISBURG (717) 234-7455
Case Information
Filed: 02/08/02 Original filing date: 02/08/02
Chapter: 7 Original chapter: 7
Voluntary: Yes Business: No
Case type: Individual Joint: No
Assets: No Pro se: No
Bar Dates and Case Status
Complaints bar date: 05/21/02 Claims bar date: Not Applicable
Status: Chapter 7 No Asset Report Disposition: Discharge granted
Status date: 04/05/02 Discharged: 05/22/02
Closing date:
Parties
Debtor: LEVY, BETTY J SSN: 171-28-3247
Atty: CHARLES E. PETRIE; RARRISBURO (717) 561-1939
t~ Need help? Try the P?.~ER
ii.acer Serv~,~. Center
EXHIBIT "D"
IN THE COURT OF COMMON PLEAS OF
GreenPoint Credit Corp.,
Plaintiff,
Irvin Levy, Deceased, and Bette J.
Levy,
Defendants.
)
)
)
)
)
)
CUMBERLAND COUNTY, PENNSYLVANIA
) CIVIL DIVISION
)
) No. 02-3557 Civil Term
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default in favor of Plaintiff GreenPoint Credit Corp. and
against Defendants Irvin Levy, Deceased, and Sette J. Levy for their failure to plead to the
Complaint in this action within the required time. The Complaint contains a Notice to
Defend within twenty days from the date of service thereof. Defendant Bette J. Levy was
served with the Complaint on July 30, 2002 and her answer was due to be filed on
August 20, 2002.
Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File
Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the
Defendant at her last known address and to their attorney of record, if any, on
August 20, 2002, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1999 Colony Aurora Manufactured
Home, Serial Number SX11843AB, that being the relief demanded in the Complaint.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Attachments:
Ten Day Notice -- Exhibit "A"
Affidavit of Non-Military Service & Last Known Address
Plaintiff,
V.
Irvin Levy, Deceased, and Bette J. Levy,
Defendants.
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp., ) CIVIL DIVISION
)
)
)
)
)
)
)
)
No: 02-3557 Civil Term
Via Certified Mail # 0460 0003 7510 7514
and Certificate of Mailing
Bette J. Levy
306 Walnut Lane
Carlisle, PA 17013
Date of Notice: August 20, 2002
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 TIlE 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 O R
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
Erin P. Dyer, Esquire /~-~---~ · '~.~,r~
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\Levy, Sette & In/in\TDN
Erin p. Dyer
Attorney at Law
2021 Murray Avenue, Suite B -
~ Bede O. Levy ~
~ 306 ~alnut Lane
Carhsle. pA 170J3
PS Form 3817, Mer~ 1989
f~ fe_~ h~[e in stamps
~et~r J~38tage and
~ark Inquire of
Postage
Bette J. Levy
306 .Walnut Lane
Carhsle, PA 17013
· Complete items 1, 2, and 3. Also complete
item 4 ~f Restricted Delive~ is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
A. Signature
r"l Agent
by
D. is de~ve~y addmse d~ffen~t from item 1 ? ~1 Yes
ff YES, enter defivery address below: ~] No
Belle J. Levy
306 Walnut Lane
Carlisle, ~PA 17013
2. Article Number
~T~'?"~'"N"~a~'~ 7002 0460 0003 7510 7514
PS Form 3811, August 2001 Domestic Return Rece/pt
Mail r-i Exprsse Marl
r-l"Reglatered /'~ Return Receipt for Merchandise
[~] Insured Mai~ f-1 C.O.D.
__ 4. Restricted Defivery? (Extra F6e) r-i Yes
109595-0g-M-0835
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
In/in Levy, Deceased, and Bette J.
Levy,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 02-3557 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and
says that he makes this Affidavit on behalf of the within Plaintiff, being so authorized
avers that Defendants' place of residence is 306 Walnut Lane, Carlisle, PA 17013,
and that they are not in the military service of the United States or its allies, or
otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of
Congress of 1904 and its amendments, 50 U.S.C. § 501, et seq. This statement is
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
Irvin Levy, Deceased, and Bette J.
Levy,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 02-3557 Civil Term
TO:
Irvin Levy, Deceased
c/o: Bette J. Levy
306 Walnut Lane
Carlisle, PA 17013
Bette J. Levy
306 Walnut Lane
Carlisle, PA 17013
NOTICE
Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that:
JUDGMENT BY DEFAULT has been entered against you in the above proceeding.
Prothonotary of Cumberla~County
IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
Irvin Levy, Deceased, and Bette J.
Levy,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 02-3557 Civil Term
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary, kindly issue Writ of Possession in the above matter and direct
the Sheriff of Cumberland County to:
1. Deliver possession of the following described property to GreenPoint
Credit Corp: 1999 Colony Aurora Manufactured Home, Serial Number SX11843AB.
2. Inform Bette J. Levy that she has ten (10) days to remove her personal
items.
3. After ten (10) days a motor truck will transport the 1999 Colony Aurora
Manufactured Home to a predetermined area or the Plaintiff will secure the Mobile
Home with a new lock for later transport.
4. Levy upon any property of Irvin Levy, Deceased, and Bette J. Levy
remaining after the above-mentioned time period and sell their interest therein.
Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
SHERIFF'S RETURN -
CASE NO: 2002-03557 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT CORP
VS
LEVY IRVIN ET AL
REGULAR
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
LEVY BETTE J the
DEFENDANT , at 2120:00 HOURS, on the 30th day of July
at 306 WALNUT LANE
, 2002
CARLISLE, PA 17013 by handing to
BETTE LEVY
a true and attested copy of COMPLAINT - REPLEVIN together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32 . 14
Sworn and Subscribed to before
me this ~2~ day of
.... A.D.
/ I~rothonotafy , ,
So Answers:
08/01/2002
ERIN DYER
By:
Thomas Kline
Deputy Sheriff
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
GreenPolnt Credit Corp. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-3557 Civil
VS.
Irvin Levy, Deceased,
and Bette J. Levy
306 Walnut Lane
r'm,-l~el:. Ph 17N]t
No.
Costs
Term
Term
Att'y.__ $ $106.6_~__4
PI'fi(s). $~
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Clrnberland .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:
' r it Corp.
being:(Premises as follows):
1999 Colony Aurora Manufactured Hame
Serial Number SXl1843AB
_ Plaintiff (s)
~ ~'),m-.~%,~ FROM RECORD
......... ~.~ ,~,.:.~,, t h,:~,.- u~o ~t my hand
~ .~ .~' , ]llc~4~
Prot~aotaw
(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.
Date September 9, 2002
(SEAL)
Curtis R. Long_
Profl)onotary, Common Pleas Cou[l of Cumberland County, Pennsylvania
Deputy
Z ~
By virtue of this writ, on the
caused the within named
day of
have possession of the premises described with the appurtenances, and
Writ of Possession Returned Stayed this date by Attorney Dyer, property
· to
is vacant.
Sheriff's Cosf~
Docketing
Poundage
Prothonotary
Milage
Surcharge
18.OO
.84
1.00
20.00
43.29
Advance Costs: 100.00
- ~ 43.29
~neriff s
Refunded to Atty on 10/9/02
Sworn and subscribed to before me this/I ~
day of ~ ,,g0-~ ,