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Home My WebLink About03-2786IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, Plaintiff, CIVIL DIVISION Complaint in Civil Action - Replevin James F. Hetrick, Jr., Defendant. Filed on behalf of: Conseco Finance Consumer Discount Company 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 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED 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 WRI']-rEN 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 WITHIN 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 COLLECTTHE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN A~-rORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, Plaintiff, James F. Hetrick, Jr., Defendant. CIVIL DIVISION No. 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 IN THE COURT OF COMMON PLEAS OF Conseco Finance Consumer Discount Company, Plaintiff, James F. Hetrick, Jr., Defendant. ) ) ) ) ) ) ) ) ) CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THIS FIRM IS A DEBT COLLECTOR A']-FEMPTING 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 AN D NOW, comes Conseco Finance Consumer Discount Company, by and through its attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in Replevin: 1. Conseco Finance Consumer Discount Company, hereinafter referred to as "Plaintiff" or "Conseco," is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania and has its principal place of business located at Stonewood Commons III, 105 Bradford Road, Suite 200, Wexford, Pennsylvania 15090. 2. James F. Hetrick, Jr., hereinafter referred to as "Defendant," is an individual whose last known address is 89 Country View Estates, Newville, Pennsylvania 17241-8760. 3. On or about October 24, 2001, Defendant purchased a 2002 Redman Stone Crest Manufactured Home, Serial Number 12238839AB, (the "Mobile Home"), from Perry County Homes, Inc., (the "Seller"), and entered into a written Manufactured Home Retail Installment Contract and Security Agreement, (the "Security Agreement") for the payment of a portion of the purchase price thereof. A true and correct copy of the Security Agreement is attached hereto as Exhibit "A." 4. Seller assigned its interest in the Security Agreement to Plaintiff, Conseco. Conseco perfected its security interest in said Mobile Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B." 5. Plaintiff avers that the approximate retail value of said Mobile Home is $41,000.00 and that the said Mobile Home is in the Defendant's possession and believed to be at Defendant's address as stated above. 6. Defendant defaulted under the terms of the Security Agreement by failing to make payments when due. As of June 4, 2003, the Defendant's payments of interest and principal were in arrears in the amount of $2,565.95. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of June 4, 2003, is $42,375.74. 7. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile Home is attached hereto as Exhibit "C." demand. Defendant failed to cure the default or return the Mobile Home upon Plaintiff's 9. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of said Mobile Home. pay: 10. The Security Agreement provides that in the event of default, Defendant will 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. 11. In order to bring this action Conseco Finance Consumer Discount Company was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, Conseco Finance Consumer Discount Company, requests: a) judgment against Defendant to recover the Mobile Home, plus detention damages, special damages consisting of interalia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. COUNTII-DAMAGES By way of separate and alternative pleading, Plaintiff, Conseco Finance Consumer Discount Company, alleges the following: 12. Paragraphs I through 11 of this Complaint are incorporated herein by reference as though fully set forth. 13. This Count is brought in the alternative to the relief sought in Count I. WHEREFORE, Plaintiff, Conseco Finance Consumer Discount Company, requests: a) judgment against Defendant in the amount of $42,375.74 with interest and late charges plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\Green Tree\Hetrick, James\CM Rep.wpd VERIFICATION Carmine M. Amelio, Regional Manager and duly authorized representative of Conseco Finance Consumer Discount Company, deposes and says subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. CONSECO FINANCE CONSUMER DISCOUNT COMPANY ine M. Amelio nal Manager L?,Green Tree~G E N E RAL~.Ve riflcation .Amelio.wpd MANUFACTURED HOME RETAIL NSTALLMENT CONTRACT1 AND SECURITY AGREEMENT (CONV. - FHA - VA) (El) ! D.., ~~ [ FEDERAL TRUTH. IN-LENDING ACT DISCLOSURES ~STRI TI NS: Ill n !m It his o ac' Ii alon Ima los h r er th lbo h!in his [ .--~ ITEMIZATION OF THE AMOUNT FINANCED f. Calh Sale Prioe (irlCludlng Taxae of} $ .00 $ &O700.O0 2. G~oaa Trade-in ............. $ .0~ Year 0000 ~iza OO X O0 OPTIONAL CREDIT LIFE AND DISABILITY INSURANCE EXHIBIT "A" ~--'~ CONTRACT AND SECURITY AGREEMENT ;;~xc.x j; - s77zo;1 have t~e oDtion of buying the Manufactured Horns for the cash OHce or buying on credit. The cash DHce is~ page 1 ss the "Cash Sale Pt ce", and the credit price is Shown on pa s I as the ' - 3. 81=CURITY NTERE~T. I 'v · , . g Tote Sale ~lce , f c~oase to bu an pu~ese ~or ;Iv~g this security ~terest Is to s~ure my obligation under this Con~act. Un,ess othe~ se stated in re~nds of any Insurance amd sewlce ~o~tracts ~urchased with th s Cen~ac S. PREPA~: I MAY PREPAY THIS LOAN IN WHOLE OR IN PART AT ANY TIME. I ~LL NOT PAY A PENALTY UPON PREPAYMENT UNLESS OTHERWISE STATED IN THE NEX'r SENTENCE. IF I PREPAY IN FULL WITHIN ~/~, ~/~ ---~ MONTHS OF THE DATE OF THIS NOTE, I WILL PAY YOU A PENALTY OF · PARTIAL PREPAYMENTS WILL NOT EXCUSE OR REDUCE ANY LATER SCHEDULED PAYMENT UNTIL THIS NOTE IS PAID IN FULL. 7. SIMPLE INTEREST CCINTRACT: This is a sirnDle interest contract. Thc annual interest rate(s) Is/are ~.. 5o ~ pe~ aa~u= 8. NO WARRANTIES: I agree that there ~.~,.n~o.war?_~i..e_s _o.!_.a_ny W~e covering ~e Manufac~re H se ,,nsfer the Manufaet~ed Hame; Id) net ,ttach~h:a~:~=~.'~.l~doO; (c)not move. use Manufa~ured Home o? ~a~'~;~?y~u~n;nk ;s ~ecessaryto be sure ~a~ any o~-~''~''' ~o you, and. I d ~=t the insurance ........ u. ~o ;nat you may do whatever you renu;red to) 0urchase such i~u~. ,.ay Uaat ~hat as a defau~ of my obligations und-- ~,- ~ ~rance,pr ,f I fa~ to ~ehaslng~e~nsu~ance,~u~-;t'~.~rc~ase~chJnsura~ce Iw mme~atel~='r~'~,.~r~5~' an° Y°u may (but are net Sum ~Or ~,se debt~be,,~.'~?~e ;?r for ;a~e charges, ,~orna~s' fees~r c~ll~.~??? Y°H over ~e as a wo,kout of the default, you can do whatever ~s necessa~, to ^^rr-*-ur-e'-d N~_o.me,~w.h. en you repossess, you may discos., ~f ,o .y.c _,._ ,wry, ay .you the ~th~ee.,(,,3,) times in any caJendsr Year ad to Perform itl the absence of default I hay- ,~- -,~~- dt~g by me,ling such notice by certified mail, addressed to me ~tt~ah)~a,n,y no?ce to me provided for In mail, return ,ece'pt requested, to your aCdress stated hYrOe~iz~n-w~r-~ng'Lan~ (b) any notice to you ,hall be nlver~ el_us cou~ eo~t. and actual out.of.°~m~:~°-r. t_~ eh,orca .m.v agreements herein. I may be ~;~J~r~dh+a*t I~o..w.e._~rl. der th,s ,C. cnttaot or to ge, OCATION. My name and address indicated '-n P- .... a for a IIm=t on attorney a fees, I wig av onIv t~. l=~Y.~ a~e~es provide you with at lea~t 30 day?.notfca grot to chart In m ~' .o~ , are my e~actlegal name and my pr?n~(iipal time for making .......... orca any o; your rights under thl& Ccntra;:~t':,v~t~h~,,;"l:.'~ ~o.e,.c.a~on to this Conic'act algr~nad 13 e you regardIng any recluasts after closing to (30tract err ..... ag for YoUr sole benefit I agree to coo=e~'g~;'~?~'~ · ta~aondeerneCnecessawby you to complete this transaction, ff I purchase credit ;~sac~=o.n.a.n_d. to_~rcv!de ~ny and all RIGHT THEY HAVE TO A JURy TRIAL EITHER PUR N ~.C~T~_.ON aY YOU (AS PROVIDED HEREIN, T~- - .aUANT TO ARBIT~TION UNDER THI& C' ..... ~..O_ K_~_~WlNQL¥ WAIVE ANY ADDITIONAL T~t~MS loon't from page 3I: ~:CK ~R - 577206! NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CON?RACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AQAINST THE SELLER OF GOODS OR SERVICES DETAINED PURSUANT HERETO OR WITH THE PROCEEDs HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID E¥ THE DEBTOR HEREUNDER. NOTICE TO EUYER: 1. DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK 8PACES. 2. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTs. 3. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAQE CAUSED TO OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE BOX ON PAGE BUYER ACKNOWLEDGES RECEIPT OF a COMPLETED COPY OF THIS CONTRACT. wu sue ........ Terms contained herein and In a ..,~..rtY...d,.?e?,rlberj. therein (the Prol~env') to a 'on.. Rd~efe~/l,[~f. 8~[Y~_b~. fore Bt,va, ehal ~ave nald th~.es.?.ne~e_.re.la, tlng ;~.the Durchasa cf Co~tracta Bex~c~e--Pt,-a-s~ P-~°vlded above and in any ~e,aur~.o; 8uVe~ before au er shall Y.L~:"z whenever the Co.tract sharl .~g~a.e;s. t,o. ~..urc,,.~,ase the Contractfror~ the As ....... ~-o assignee reDossosses the M='~.~.;-~'-=j~-e- ~z,e, t-Ontract ~'rom the Assignee for .~ ~.~-~ ~ se; forth, b.elow uno, er ~Llmitac~ ~. ~tnout Recourse ( } B. L]mite~ Recourse ( ) ~ R-- '~ ~' ~ CONSEco F;NANCE CORP NH DULUTH G~ 3OOq~ B~AOLEY~L NALLORv EXHIBIT "B" NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens) MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA (HO) RI, SD, TN, TX (HO), UT, VT, VA, WA, V~I (LH First Liens), WV (LH), WY CONSECOo DateofNofice:10/01/2002 James F. Hetrick Jr 89 Country View Estates Newville, PA 17241-8760 Account No: 733290621 Brief identification of credit tTanaaction: Manufactored Home Account Certified Mail Receipt No. 71067112169254902906 Conseco Finance 105 Bradford Rd Suite 200 Wexford, PA I5090 800~245-1340 Creditor: CONSECO FINANCE CONSUMER DISCOUNT COMPANY You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of: 3 payments past due(plus $15.00 in fees and cllarges) totaling $989.16. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $989,16, which consists of $974,16 for past due payments and $15.00 for late charges, or by doing the followm Creditors right~; If yon do not correct your default in the time allowed, the creditor may exercise its tights against you under the law by taking legal actSon to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and fi~ll payment of the contract in the amount of $41,810.84 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. If you have any questions, write Conseco Finance at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Conseeo Finance. MULTI a~ EXHIBIT "C" 8/23/00 z>~ 733290621 004 Conseco Finance Servicing Tempe 1I 7360 South Kyrene Rd Tempe, AZ 85283-4583 7105 7112 1692 5490 2906 FIRST-CLASS MAIL U.S. POSTAGE PAID NCP James F. Hetfick Jr 89 Country View Estates Newvill¢, PA 17241-8760 h"llh"h'l,f,h,h,,lll,,hh,,I,lh,lh,,h,hh h,h,,ll 9GN01 0225-004413 0056007 7106 7112 1692 5490 2906 733290621 004 Pittsburgh, Pennsylvania 73 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER VS HETRICK JAMES F JR DAWN KELL , Cumberland County,Pennsylvania, says, the within COMPLAINT - REPLEVIN HETRICK JAMES F JR DEFENDANT , at 1027:00 HOURS, at 89 COUNTRY VIEW ESTTES NEWVILLE, PA 17241-8760 JAMES F HETRICK JR a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 18th day of June , 2003 by handing to - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this 30 day of ~Ot h~o'?a r~ ~ So Answers: R. Thomas Kline 06/19/2003 DYER LAW FIRM Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, Plaintiff, James F. Hetrick, Jr., CIVIL DIVISION No. 03-2786 Civil Term Defendant. PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter Judgment by Default in favor of Plaintiff Conseco Finance Consumer Discount Company and against Defendant James F. Hetrick, Jr. for his failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty days from the date of service thereof. Defendant was served with the Complaint on June 18, 2003 and his answer was due to be filed on July 8, 2003. 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 his last known address and to his attorney of record, if any, on July 9, 2003, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 2002 Redman Stone Crest Manufactured Home, Serial Number 12238839AB, that being the relief demanded in the Complaint. Erin ~r, Esquire PA ID Number: 52748 Attorney for Conseco 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 Attachments: Ten Day Notice -- Exhibit "A" Affidavit of Non-Military Service & Last Known Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, plaintiff, James F. Hetdck, Jr., Defendants. CIVIL DIVISION No. 03-2786 Civil Term Certificate of Mailing James F. Hetrick, Jr. 89 Country View Estates Newville, Pennsylvania 17241-8760 Date of Notice: July 9, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOU R PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 Edn e Attorney for Plaintiff 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\Green Tree~-IetHck, James\TDN.wpd EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, Plaintiff, James F. Hetrick, Jr., De~ndant. ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION No. 03-2786 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 Defendant's place of residence is 89 Country View Estates, Newville, Pennsylvania 17241-8760, and that he is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. § 501, et seq. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Eri~uire PA ID Number: 52748 Attorney for Conseco 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Cqmpany, Plaintiff, V. James F. Hetrick, Jr., Defendant. CIVIL DIVISION No. 03-2786 Civil Term James F. Hetrick, Jr. 89 Country View Estates New~ille, Pennsylvania 17241-8760 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 CdmlSerland County WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Conseco Finance Constmler Discount Ccropany 105 Bradford Road,Suite 200 Wexford, Pa. 15090 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2786 Civil Term' Term vs. Costs J~nes F.Hetrick, Jr. Att'y. $113.71 89 Country View Estates Pl'ff (s) $ Nowvl]le.l~s. 17241- 8760 , Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: ~op~eco F~n~n~ ~nn~l~I- Di~ollnt CcnIpany being: (Premises as follows): 2002 Redman Stone Crest Manufactured Home Serial Ntanber 12238839AB. Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date J,,ly 30.2003 (SEAL) Curtis R. Loncl Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania BY: ~'~u//~,. ~.. )"kla$J~..~. Deputy By virtue of this writ, on the da3, of I caused the within named have possession of the premises described with the appurtenances, and C~ , to Sworn and subscribed to before me this day of Prothonotary So Answers, By Sheriff Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, V= Plaintiff, James F. Hetrick, Jr., Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION No. 03-2786 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 Conseco Finance Consumer Discount Company: 2002 Redman Stone Crest Manufactured Home, Serial Number 12238839AB. 2. Inform James F. Hetrick, Jr. that he has ten (10) days to remove personal items. 3. After ten (10) days a motor truck will transport the 2002 Redman Stone Crest 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 James F. Hetrick, Jr. remaining after the above-mentioned time period and sell his interest therein. PA ID Number: 52748 Attorney for Conseco 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, Plaintiff, James F. Hetrick, Jr., Defendant. CIVIL DIVISION No. 03-2786 Civil Term PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter Judgment by Default in favor of Plaintiff Conseco Finance Consumer Discount Company and against Defendant James F. Hetrick, Jr. for his failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty days from the date of service thereof. Defendant was served with the Complaint on June 18, 2003 and his answer was due to be filed on July 8, 2003. 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 his last known address and to his attorney of record, if any, on July 9, 2003, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 2002 Redman Stone Crest Manufactured Home, Serial Number 12238839AB, that being the relief demanded in the Complaint. PA ID Number: 52748 Attorney for Conseco 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 Attachments: Ten Day Notice -- Exhibit "A" Affidavit of Non-Military Service & Last Known Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, plaintiff, James F. Hetrick, Jr., Defendants. CIVIL DIVISION No. 03-2786 Civil Term Certificate of Mailing James F. Hetrick, Jr. 89 Country View Estates Newville, Pennsylvania 17241-8760 Date of Notice: July 9, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINSTYOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A H EARING AN D YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 Attorney for Plaintiff 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L;\Green Tree\Hetdck, James\'rDN.wpd EXHIBIT "A" IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, Plaintiff, James F. Hetrick, Jr., Defendant. CIVIL DIVISION No. 03-2786 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 Defendant's place of residence is 89 Country View Estates, Newville, Pennsylvania 17241-8760, and that he is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. § 501, et seq. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Eri~uire PA ID Number: 52748 Attorney for Conseco 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN NSYLVAN IA Conseco Finance Consumer Discount Company, Plaintiff, James F. Hetrick, Jr., Defendant. CIVIL DIVISION No. 03-2786 Civil Term James F. Hetrick, Jr. 89 Country View Estates Newville, Pennsylvania 17241-8760 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 CLfmberland County WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Conseco Finance Consumer Discount Company 105 Bradford Road,Suite 200 Wexford, Pa. 15090 vs. J~mes F.Hetrick, Jr. 89 Country View Estates N~wvillo. Pa. 17241- 8760 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2786 Civil Term: Costs Term Att'y. $113.71 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Chznberland 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: being: (Premises as follows): 2002 Redman Stone Crest Manufactured Home Serial N~nber 12238839AB. Plaintiff (s) (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date July 30.2003 (SEAL) Curtis R. Lonq Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania BY: ~'/~-' · Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and 0 , to Sworn and subscribed to before me this day of Prothonotary So Answers, By Sheriff Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, Plaintiff, James F. Hetrick, Jr., De~ndant. ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION No. 03-2786 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 Conseco Finance Consumer Discount Company: 2002 Redman Stone Crest Manufactured Home, Serial Number 12238839AB. 2. Inform James F. Hetrick, Jr. that he has ten (10) days to remove personal items. 3. After ten (10) days a motor truck will transport the 2002 Redman Stone Crest 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 James F. Hetrick, Jr. remaining after the above-mentioned time period and sell his interest therein. PA ID Number: 52748 Attorney for Conseco 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Conseco Finance Constm~r Discount Ccmpany .105 Bradford Road,Suite 200 Wexford, Pa. 15090 vs. James F.Hetrick, Jr. 89 Country View Estates N~i~ll~.P~. 17241- 8760 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2786 Civil Ter~ Costs Att'y. $113,71 PI'fi(s) $ Prothy. $ 1o00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Ctanberland 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: POD~e~O F~n~nre Ccmm~r D~.qncaln~ C. ralrp~ny being: (Premises as follows): 2002 Redman Stone Crest Manufactured Home Serial Ntanber 12238839AB. Plaintiff (s) rHUE COPY FROM RECORD in Testimony whereef, I hm-e u~to seamy hand · lit/ ' ~oth~ (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 J~,ly 30.2003 (SEAL) Curtis R. Lonq Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania o. Deputy Ja 30 I s~ f'lt '03 PENNSYLVANIA .o By virtue of this writ, on the day of I caused the within named have possession of the premises.described with the appurtenances, and , to Writ of Possession returned STAYED this date as per Atty. Sheriff's Costs: Docketing 18.00 Poundage .95 Prothonotary 1.00 Milage 8.28 Surcharge 20.00 48.23 Advance Costs: 150.00 Sl~eLiff'~ Co~L~: 48.23 101.77 Refunded to Atty on 8/18/03 Sworn and subscribed to before me this dayof Prothonotary By 0 [ CL~t~ ,' /r~herif:f