HomeMy WebLinkAbout04-2573IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, f/k/a Conseco Finance
Consumer Discount Company,
Plaintiff,
CIVIL DIVISION
Complaint in Civil Action - Replevin
William H. Welsh, Ronald Hill and
Patricia Hill,
Defendant.
Filed on behalf of:
Green Tree Consumer Discount
Company, f/k/a Conseco Finance
Consumer Discount Company
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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 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 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 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 CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount )
Company, f/Ida Conseco Finance )
Consumer Discount Company, )
)
Plaintiff, )
)
v. )
)
William H. Welsh, Ronald Hill and )
Patricia Hill, )
)
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 LAVVYER 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, f/Ida Conseco Finance
Consumer Discount Company,
Plaintiff,
v.
William H. Welsh, Ronald Hill and
Patricia Hill,
Defendant.
CIVIL DIVISION
No.
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.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, f/Ida 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. Green Tree Consumer Discount Company, f/Ida Conseco Finance Consumer
Discount Company, hereinafter referred to as "Plaintiff" or "Green Tree," 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. William H. Welsh, hereinafter referred to as "Defendant" or "Purchaser," is
an adult individual whose last known address is 105 South Potomac Street #1,
Waynesboro, Pennsylvania 17268.
3. Ronald Hill and Patricia Hill, hereinafter referred to as "Defendants" or
"Occupants," are adult individuals whose last known address is 967 West Trindle Road
Mechanicsburg, Pennsylvania 17055.
4. Purchaser and Occupants shall be referred to jointly as Defendants where
applicable.
5. On or about September 6, 2001, Purchaser bought a 1983 Zimmer Homes
Corp. Manufactured Home, Serial Number ZZP19664, (the "Mobile Home"), from
Century Finance, Inc., Sam Mannino Enterprises, (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."
6. Seller assigned its interest in the Security Agreement to Plaintiff. Plaintiff
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."
7. On June 9, 2003, Conseco Finance Consumer Discount Company filed
Articles of Amendment ~ Change in Corporate Name with the Pennsylvania Department
of State, Corporation Bureau. As of June 13, 2003, the new name of the corporation is
Green Tree Consumer Discount Company.
8. Plaintiff avers that the approximate retail value of said Mobile Home is
$18,500.00 and that the said Mobile Home is in the Occupants' possession and believed
to be at Occupants' address as stated above.
9. Purchaser defaulted under the terms of the Security Agreement by failing to
make payments when due. As of May 10, 2004, the Purchaser's payments of interest and
principal were in arrears in the amount of $979.00. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of May 10, 2004, is $20,060,56.
10. Plaintiff provided Purchaser 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."
11.
demand.
Purchaser failed to cure the default or return the Mobile Home upon Plaintiff's
12. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
13.
pay:
The Security Agreement provides that in the event of default, Purchaser 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.
14. In order to bring this action Green Tree Consumer Discount Company, f/k/a
Conseco Finance Consumer Discount Companywas required to retain an attorney and did
so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, f/k/a Conseco
Finance Consumer Discount Company, requests:
a) judgment against all Defendants to recover possession of the Mobile Home.
COUNT II - DAMAGES AGAINST PURCHASER ONLY
By way of separate and alternative pleading, Plaintiff, Green Tree Consumer
Discount Company, f/ida Conseco Finance Consumer Discount Company, alleges the
following:
15. Paragraphs 1 through 14 of this Complaint are incorporated herein by
reference as though fully set forth.
16. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, f/ida Conseco
Finance Consumer Discount Company, requests:
a) judgment against Purchaser in the amount of $20,060.56, 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.
L:\Green Tree\Welsh, William~CM Replevin.wpd
Erin P. Dyer, Esq~ ~,~..~...~'
PA ID Number: 527'48
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
VERIFICATION
Carmine M. Amelio, Regional Manager and duly authorized representative of
Green Tree Consumer Discount Company, 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.
GREEN TREE CONSUMER DISCOUNT COMPANY
mine M. Amelio, Regional Manager
L:\Green Tree\G ENERAL~Vedfication.Amelio.wpd
MANUFACTURED HCME RETAIL INSTALLMENT CONTRAC~
AND SECURITY AGREEMENT (CONV. - FHA - VA) (SI)] cite
AeSl{tN~: CONSECO FINANC~ CONSU~IER DISCOUJIT COEPAN!f, 105 ~[ADFORD RD SUITE 200, WI~XFORD, PA 15090
ANNUAL
PERCENTAGE RATE
FEDERAL TRUTH-IN-LENDING ACT DISCLOSUREB
FINANCE Amount Total of Payments
~ 19Z13.0O ~ 5946~.8~
Total Sale Price
lThe total coat o! my ou~-
BUYER RESTRICTIONS: Jf [ do not meQt this C;o~trsct's obllaatlo~s, I may lose the Pro=artY that I boueht in thls sale,
ITEMIZATION OF THE AMOUNT FINANCEC
.00 e__ Z0000.00
,00
,00
O0 ~ O0
PHYSICAL DAMAGE INSURANCE
Phyll=M Damage Iniuranoe Ii required but I may obtain It from
o~ac~ed below from you or through you, I will ~ay you
O~IONAL CREDIT LIFE
AND DISABILITY INSURANCE
X
Date
EXHIBIT "A"
WZLSa - 5769270
CONTRACT AND ;~ECURITY AQREEMENT
I, DEFINITIONft= "1," "me," o~ "my' means the Buyer[si. "You" or "your" means the Seller and als= the A;slgnee (after the
assigned bY SellerJ. The "~ar~es" mea~s the Buyer and Salter, together. "Man~factured Home" mea~; t~e manufactured home, the rea]
prope~y described on page 1. if applicable a~d any o~har ~ro;e~ described =n ;a~e 1 o; betow. 'Contract' pt 'Agreement~ means
this Rets;; ~stallme~t Contract and Security Agreemer~t and sea,rate Deed of Trust or Mo~gege, if a~iicable,
USED Y~R A~ MAKE MODEL ~IAL NUMBER SIZE
PENALTY UPON PREPAYMENT UNLESS OTHERWISE STATED IN THE NE~ SENTENCE. IF I ~EPAY IN
FULL WITHIN u/~ MONTHS OF THE DATE OF THI~ NOTE, I WILL PAY YOU A PENALTY OF
~/A . PARTIAL PREPAYMENT~
WILL NOT EXCUSE OR REDUCE ANY ~TER SCHEDULED PAYMENT UNTIL THI~ NOTE ~ PAID IN FULL.
I~-terest will acotue ~Don the unpaid principal balan;e outstanding from time to time ur~t{I ;3aid in full. The Finance C~arge, Total o~
Memufa~ed Home AS I~ a~d ~H ALI FAULT~ end THE ENTIRE RI~K A~ TO THE QUALITY AND PERFORM~CE OF THE
9, ~OTECTION OF THE ~NUFACTURED HOME I w (a) keep ~he Manufactured Home ~n g~d condition a~d not c~mm~ waste;
1'1. DEFAULT: I will be In default Jr: (il I do not r~ake a payment on time; or (Ill f do not keep any of rny other promises Under
C~cntract; or (Iii) I file a case, or someone eisa flies a case against me. under the UnEed ~tates Ban~uDtcy Code; or (Iv) you feel In good
faith that the Manufactured Ho~e Is In danger or that ~ will ~ot be able to coefinue my Day.ants. The dafau~ described under (Iv) does
volunta~lv surrender o¢ abandon the Manufao~red Home. I will have the Hght to cure the defaurt during the no~ce period. If I do not
cure ~e ~efault, you may do either or bo~ of the following: (a) Acceleration:You can require me to immediately pay you the entire
~emalnl~g balance of this Con.act a~d/or (b Repossession: You can repossess the Manufactured Home. O~ce you get possession of
~e Manufactured Home you may sell lt. If the a~ount fro~ the sa e. after expa~ses, · ess than what owe you, I wll pay you the
d florence If ~ere la a~y prooerw ~eft In ~e Manurer=uteri Home when you repossess, you may dispose of ~t as provided by law. If
default, you can do whatever ~e necessary to =orrec~ my default. ~ you spend money to coffect my default, I will pay you back
[~medlately w~h interest at the ~o~traot rate of interest.
12. CURE OF DEFAULT: I may cure a default at any time before title to ~e Manufactured Home Is trans/erre~ from me. which will be
at least A6 days after receipt of ~e nodce of default. TO cure the default, I must pay:
(a) all amounts which would have bee~ due in the abaenceof defaurt aed acceleration,
(b) reasonable a~omey's fees plus ~outt costs and actual out-of-Docketexpeeses as described In paragraph 14,
(c) any late charges ~et are due, a~d
(d) reasonable costs whgch are actually Incurred for detaching and transporting the Manufac~redHo~e to the site of sale, and
(e~ oerform a~y otherobligations under defauE.
I ~u~ also pe~or~ any other oblJgat~o~ I wou~d have had to perfor~ in the absence of default. I have the r~ght to cure a default up to
three 13] tl~es in a~y catendat year.
13. NOTIC~ ~ce~t for any notice required under applicable Jaw to be given In another manner, ia) any ~otlce to me ~rovJded for
this Comtract shall be given in writing by mailing such no,ce by certified mail, addressed to me at the Manufac/uredHome address or
at such other address as I may designate by notice to you In ~ltlng, and {b) any notice to you shell be given In w~t)~ by certified
mall, return receipt reQue~ed, to your address stated ~erein or to such other address as you may designate by notice to me in writing
14 A~ORN~Y'~ FEE~ If you hire an attorney who is not · aaladed employee to ~ollect what I owe under th~s Con.act or ~o get
possessJo~ of the Manufactured Home or to enforce my agreememts herein. I may be required to DaY your reasonab e a~orney s tees
plus cou~ costs an~ actua out-of-Docket expe~sea. If state ]aw provides for a limit on a~omey's fees I W~ pay only the legal
lB. NAME AND LOCATION: My name and address I~dicated on page 1 are ~y exact legal name and my principal rea dance. I wirl
provide you with at least 30 days notice prior to changing my name or p~ncl~al residence.
1 ~. Aa~UM~ION~ If the Creditor's policies ~ effect at the time ~ermit. an assum~on of ~is Con.act by another ~ualified pa~ may
be considered. All assumptions are at the Creditor's sola d~s~retlon and will be subject to the oondrtlons that are I~ effe~ at ~e time
the assumttion is requested. All conditions are datelined solely by the Credi~r and ate subject to change at a~yt[me without notice,
17. MI~CE~NEOUS PROVISION~ This wrl~en COntract Is the only agreement ~at covers my ~urchase of ~e ~rope~y. This
Con.act can only be modified or amended, or ~rovis~ons in ~ waived (given up). by a w~tten modification to this Con.act signed by
you. You ca~ dec,de not to use or enforce any of yOUr -Ights under ~ls Con.act without losing them. For example, you ~n extend the
~e for making some payments without extending others. If any part of this Contract Cannot be enforced because of a law which
prohibits ~t. all other parts can still be enforced. To tqe extent altowed by law. I waive ~e beeefJt of my homestead and personal
DrDpe~y exemOtions as to this Contract. My Waiver applies o~ly to the ~ro~e~ securing the payment of ~is Con.act. Any
19.
WELSN - 5759270
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALI. CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO BUYER: 1. DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES, 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 DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE BOX ON PAGE 1.
BUYER ACKNOWLEDQES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
ABffiQNMENT BY SELLER
For good and valuable consideration, the adequacy and sufflolency of which am hereby acknowiedged, Sailer hereby sells, assigns,
IN ADDI?ION TO THE ABOVE, this Assignment In~=ludaa l~at certain I~tovlslon to follow, oro¥1ded that, ~ n~ne of the following
,,~ A. ~thout Recourse t ~ B. Limited Recourse ( ) C. Reourchase ( ~ D. ~th Recourse ( ) E. UmiTed Reourches
EXHIBIT '"B"'
AL, AZ, AR, CT, DE, DC, FL, GA, IA (IH PMM), ID, IL, IN, KY, LA, MA (IH), 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, WI (LH First Liens), WV (IH), WY
NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date of Notice: 10-13-03
WILLIAM. H WELSH
105 S POTOMAC ST #1
WAYNESBORO, PA 17268
Account No: 73328874
CERTIFIED MAIL RECEOPT NO.
GREEN TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAD SUITE 200
WEXFORD, PA 15090
1-800-245-1340
CREDITOPc GREEN TREE CONSUMER DISCOUNT CO.
Credit Transaction: MANUFACTURED HOME ACCOUNT
You are now in default on this credit ~'ansaction. 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 thought you did not default.
Your default consists of:3 payments (pins NA in fees and charges) totuling$1112.40.
Cure of default: Within 30 days from the posmaarked date of this Notice, you may cure your default by paying .$1112.40
which consists of $1112.40 for oast due payments and NA for late char~es, or bt doinR the folHwinR: NA.
Creditors rights: Ifyou do not correct your default in the time allowed, the creditor may excrcisc its rights against you
undcr the law by taking legal action to repossess or foreclose on its collateral.
Ifyou fail to cure the total amount of your default within the cm'e period described above, then as of 30 days from the
postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the
amount of $20272.85shaH be dueand oavable without any further notice from the creditor. Additional
expenses,interest and charRes accured after the dte of this notice shall also be due and payable.
Ifyou have questions, write Gree Tree Consumer Dis. Co. at the above address or call the number provided.
If this default was caused by your failure to make a payment of payments, and you want to pay by mail, send a cashicr's
check or money order. Do not send cash. Other payment arrangements may be made by contacting Gree Tree Consumer
Dis. Co.
EXHIBIT "C"
SHERIFF'S ~ETU~2~ -
CASE NO: 2004-02573 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
WELSH WILLIAM H ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT ,
WELSH WILLIAM H
but was unable to locate Him in his bailiwick.
deputized the sheriff of FRANKLIN County,
serve the within COMPLAINT & NOTICE
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania, to
On July 9th 2004
attached return from FR3~NKLIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Franklin Co 41.86
.00
78.86
07/09/2004
DYER LAW FIRM
Sworn and subscribed to before me
this /~ day of
~ow3~ A.D.
this office was in receipt of the
So answDF, s: / ~ - ~
Sheriff of Cumberland County
SHERIFF'S RETURN
CASE NO: 2004-02573 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
WELSH WILLIAM H ET AL
REGULAR
RONALD HOOVER
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE
HILL RONALD
DEFENDANT at 2030:00 HOURS, on the
at 967 WEST TRINDLE ROAD LOT 25
MECHANICSBURG, PA 17055
RONALD HILL
a true
Sheriff or Deputy Sheriff of
who being duly sworn according
was served upon
9th day of June
by handing to
and attested copy of COMPLAINT & NOTICE
to law,
the
, 2004
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 6.21
Affidavit .00
Surcharge 10.00
.00
22.21
Sworn and Subscribed to before
me this /5 J day of
PrOthonotary '~
So Answers:
R. Thomas Kline
07/09/2004
DYER LAW FIRM
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02573 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
WELSH WILLIAM H ET AL
RONALD HOOVER ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE was served upon
HILL PATRICIA
DEFENDANT , at 2030:00 HOURS, on the 9th day of June
at 967 WEST TRINDLE ROAD LOT 25
MECHANICSBURG, PA 17055 by handing to
RONALD HILL, HUSBAND
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
2004
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00 ~ .~ ~
Service .00 ~ ~-",'.~ ~ ~-~--. ~.w-//~ ~
A f f i davit 00 ~'~ J~ '~ ~'~ ~ ~/
Surcharge 10.00 R. Thomas Kline
.00
16.00 07/09/2004
DYER LAW FIRM
Sworn and Subscribed to before By: ~~_~,.
me this /~ day of Deputy Sheriff
rot ~ ~Z) ~' A.D.
honotary ~ , '
The Court of Common Pleas of Cumberland County, Pennsylvania
Green Tree Consumer Discount Company
VS.
William H. Welsh et al
SERVE: William H. Welsh No. 04-2573 civil
June 8, 2004
hereby deputize the Sheriff of FI-ankl.~
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to execute this Writ, this
Affidavit of Service
Now,
,20 O.'?, at ~ :_qT_) o'clock ~ M. served the
within
and made known to
Notarial Seal /
R~chard D. McCarly, Notary' Public
Chamber$~urg Bom, Franldin Coma~
Sworn andr~ubscrib*,~ b~fore
me this ~ day of
copy of the original~tO~?~r ~ /~,?&d///
the contents thereof.
So answers,
--~. Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, f/ida Conseco Finance
Consumer Discount Company,
Plaintiff,
William H. Welsh, Ronald Hill and
Patricia Hill,
Defendants.
CIVIL DIVISION
No. 04-2573 Civil Term
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default in favor of Plaintiff Green Tree Consumer
Discount Company, f/Ida Conseco Finance Consumer Discount Company and against
Defendants W~lliam H. Welsh, Ronald Hill and Patricia Hill for their failure to plead to the
Complaint in this action within the required time. The Complaint contains a Notice to
Defend within twenty days from the date of service thereof. Defendants Ronald Hill and
Patricia Hill were served with the Complaint on June 9, 2004 and their answer was due to
be filed on June 29, 2004. Defendant William H. Welsh was served with the Complaint on
June 14, 2004 and his answer was due to be filed on July 6, 2004.
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
Defendants at their last known address and to their attorney of record, if any, on
July 7, 2004, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1983 Zimmer Homes Corp.
Manufactured Home, Serial Number ZZP19664, that being the relief demanded in the
Complaint.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
Attachments:
Ten Day Notice -- Exhibit "A"
Affidavit of Non-Military Service & Last Known Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, f/k/a Conseco Finance
Consumer Discount Company,
Plaintiff,
William H. Welsh, Ronald Hill and
Patricia Hill,
CIVIL DIVISION
No. 04-2573 Civil Term
Defendants.
Certificate of Mailing
Ronald Hill
967 West Trindle Road
Lot 25
Mechanicsburg, PA 17055
Certificate of Mailing
Patricia Hill
967 West Trindle Road
Lot 25
Mechanicsburg, PA 17055
Date of Notice: July 7, 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Erin P. Dyer, Esquire ~i~..T-...,t0 ~"~'~,~,l ~
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, f/k/a Conseco Finance
Consumer Discount Company,
Plaintiff,
William H. Wetsh, Ronald Hill and
Patricia Hill,
CIVIL DIVISION
No. 04-2573 Civil Term
Defendants.
Certificate of Mailing
William H. Welsh
105 S. Potomac Street #1
Waynesboro, PA 17268
Date of Notice: July 7, 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
L:\Green Tree\Welsh, Williarn\TDN ~ Customer.wpd
Erin P. Dyer, Esquire
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Green Tree Consumer Discount
Company, f/k/a Conseco Finance
Consumer Discount Company,
Plaintiff,
William H. Welsh, Ronald Hill and
Patricia Hill,
Defendants.
CIVIL DIVISION
No. 04-2573 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 Ronald Hill and Patricia Hill have a last known address of
967 West Trindle Road, Lot 25, Mechanicsburg, PA 17055, and
Defendant William H. Welsh has a last known address of 105 S. Potomac Street #1,
Waynesboro, PA 17268, 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
unswom falsification to authorities.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Green Tree Consumer Discount
Company, f/k/a Conseco Finance
Consumer Discount Company,
Plaintiff,
William H. Welsh, Ronald Hill and
Patricia Hill,
Defendants.
CIVIL DIVISION
No. 04-2573 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:
Consumer
Company:
Deliver possession of the following described property to Green Tree
Discount Company, f/k/a Conseco Finance Consumer Discount
1983 Zimmer Homes Corp. Manufactured Home, Serial Number ZZP19664.
2. Inform William H. Welsh, Ronald Hill and Patricia Hill that they have ten
(10) days to remove personal items.
3. After ten (10) days a motor truck will transport the 1983 Zimmer Homes
Corp. 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 William H. Welsh, Ronald Hill and Patricia
Hill remaining after the above-mentioned time period and sell their interest therein.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY BP. ANCH
Green Tree Consumer Discount Co. Civil Division
VS.
William Welsh
Ronald Hill
and
Patricia Hill
No. 04-;!573
SUGGESTION OF BANKRUPTCY
To: Prothonotary
Please note upon the record that William Welsh, one of the defendants in the
above-captioned action, filed a Voluntary Petition in Bankruptcy with the United States
Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, on August 17,
2004, at 8:27 o'clock A.M., which petition was docketed to 1-04-04978. PURSUANT TO
THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR
ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANT(S).
CERTIFICATE OF SERVIICE
I, Richard L. Bushman, Esquire, attorney for the above captioned defendant(s)
in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle
District of Pennsylvania, do hereby certify that on the date set forth below I served the
within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States
Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's
of record as follows:
Date:
Green Tree Consumer Discount Co.
105 Bradford Rd. Ste 200
Wexford, PA 15090
Erin Dyer~sq.
5743 ~[,~l~rre Aven~
R;j~,d L~[~shman, j~quire
1~7 Pa'lb Va~lley Rj~d '
P.O. Box 51
Spring Run, PA 17~62-0051
[717] 349-7657
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
G~ TREE CONSLlqER DISCOUNT
COMPANY, F/K/A CONSECO FINANCE
CONSLI'4ER DISCOUNT CCIV~ANY
vs.
WILLIAM H. WELSH, RONALD HILL
AND PATRICIA HILL
No.
Att'y.
Pl'ff (s)
Prothy.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-2573 CIVIL Term
Costs
Term
$ 196,57
$
$ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of CLIqBERLAND
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:
GRF.~N TREE. CONSLI~ER DISCOUNT COWPANY, F/K/A CONSECO FINANCE CONSLI~ER DISCOUNT CClviPANY
Plaintiff (s)
being: (Premises as follows):
1983 Z~H(2ME$CORP. MANUFACTURED HOME
SERIAL NUMBER ZZP19664
967 WEST TRIbDLE ROAD
LOT 25
MECHANICSBURG, PA 17055
(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 21, 2004
(SEAL)
on tary, Comm~and County, Pennsylvania
~ Z
By virtue of this writ, on ibc da3 (31' ~ ......
I caused the within named
have possession of the premises described with the appurtenances, and
· to
WRIT OF POSSESSION RETURNED STAYED BY ATTY ON 9/3/0~
Sheriff's Return: Advance Costs: ~0.00
Docketing 18.00 Sheriff's Costsl13.37
Pou~--bT~ge JTS1 .................................. ~6.63 ----
Proth 1.00
Dep, Franklin 41,86
Surgharge 40.00
113,3/ , ~..~/3d
Sworn and subscribed to beford me ttl~s __,t~~
day of (.~.g. .... ~ ~t~.~.>rw~' o -
Prothonotary