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Home My WebLink About01-1649IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company, Plaintiff, CIVIL DIVISION No. (~- Complaint in Civil Action - Replevin Rodney S. Herr and Laurie L. Herr, Defendants. Filed on behalf of: Conseco Finance Consumer Discount Company, f/k/a Green Tree 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company, Plaintiff, Rodney S. Herr and Laurie L. Herr, Defendants. ) ) ) ) ) ) ) ) ) CIVIL DIVISION No. Complaint in Replevin NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Curt Long, Prothonotary Prothonotary of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 - 3387 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company, Plaintiff, Rodney S. Herr and Laurie L. Herr, CIVIL DIVISION No. o/-/(,V9 ~ Complaint in Replevin Defendants. COMPLAINT COUNT I - REPLEVIN AND NOW, comes Conseco Finance Consumer Discount Company, f/k/a Green Tree 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, f/k/a Green Tree 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, PA 15090. 2. Rodney S. Herr and Laurie L. Herr, hereinafter referred to as "Defendants," are individuals whose last known address is 115 Hershey Road, Lot 7, Shippensburg, PA 17257. 3. On or about July 20, 1994, Defendants purchased a 1994 Redman New Moon Manufactured Home, Serial Number 12225629, (the "Mobile Home"), from Carlisle Mobile 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 Green Tree. Green Tree perfected its security interest in said Mobile Home by having an encumbrance on the title thereto. A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B." Green Tree assigned its interest in said Security Agreement to Plaintiff, Conseco. 5. Plaintiff avers that the approximate retail value of said Mobile Home is $20,000.00 and that the said Mobile Home is in the Defendants' possession and believed to be at Defendants' address as stated above. 6. Defendants defaulted under the terms of the Security Agreement by failing to make payments when due. As of March 6, 2001, the Defendants' payments of interest and principal were in arrears in the amount of $557.48. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of March 6, 2001, is $19,696.55. 7. Plaintiff provided Defendants 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." 8. Defendants failed to cure the default or return the Mobile Home upon Plaintiff's demand. 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. 10. The Security ,Agreement provides that in the event of default: a. Defendants will pay 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, f/Ida Green Tree Consumer Discount Company was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, Conseco Finance Consumer Discount Company, f/Ida Green Tree Consumer Discount Company, 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; 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, f/k/a Green Tree Consumer Discount Company, alleges the following: 12. Paragraphs 1 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, f/k/a Green Tree Consumer Discount Company, requests: a) judgment against Defendants in the amount of $19,696.55 with interest and late charges plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expe ~_~. i~ Erin uire ~' PA ID Number: 52748 Attorney for Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\Green Tree~l-lerr, Rodney & Laurie\CM Rep Cumberland VERIFICATION Carol A Gosser, Collection Manager and duly authorized representative of Conseco Finance Consumer Discount Company, deposes and says subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Carol A. Gosser Collection Manager Conseco Finance Consumer Discount Company PENNSYLVANIA GT-10-39.00t (1/94/ HOME RETAIL INSTALLMENT CO~RACT AND MANUFACTURED SECURITY AQREEMENT ICONV. - FHA - VA) I - FEDERAL TRUTH4N-LENOING ACT PERCENTAGE R~TE . · , ITEMIZATION OF THE AMOUNT FINANCED PHYSICAL DAMAGE INSURANCE ~X ~ood OPTIONAL CREOIT LIFE ANt) OlSAgILITY INt~URA~C~ CONTRACT AND SECURITy AGREEMENT J NOTICE: SEE FAOE$ ~ AND 3 FOR ADOITICNAL TERMS AND CONDITIONS OF THIS CONTRACT Securi~ Agreement ?. 3 nat eeamh'v~ ANY HOLDER OF THI~ CONSUMER C~E~IT CONTRACT IS SUBJECT TO ALL C[AIM~ AND DEFENSES NOT ~CEEO AMOUNTS PAiD ~Y THE DE.OR HEREUND~. NOTICE TO BUYER: 1. DO NOT SIGN THiE CONTRACT IF IT CONTAINS ANY BLANK SPACES: 9. YOU ARE ENTITLBD TO AN E~CT COPY OF THE CONTRACT YOU SIGN. K~P IT TO PROTECT YOUR LEGAL RIGHT~, 3. LIABILITY i~URANCE COVERAGE FOR BODILY INJURY AND PflOP~TY DAMAGE CAUSED TO ASSIGNMENT ?. 5 D O~0METER DZSCLOEURE EXEM?T ~Y FEDERAL RODNEY $ ~ LAURIE L 1t5 HERSHEY RD EHIPPEN$~URG PA 17257 GREEN TREE CONSUMER DISCOUNT CO I 47582717S0t HE EXEHPT 4 GREEN TREE ~ONEUHER DISCOUNT CO 300 WEYMAN PLAZA PO ~OX 16306 STE 460 P~TTSBURGH PA $$236 HOWARD YERUSALIM EXHIBIT "B" Certificate of Title '"'58 P~ AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY/LA, MA (LH), MD, ME (-cH First Lienz), MI, MN, MO CLH First Lien~), MS, MT, NE, NV, NH, NJ (HO), N1VI, NY, NC, ND, OH, OK, OR, PA ('HO), RI, SD, TN~ TX (HO), UT, VT, VA, WA, WI (LH First Lien~)~ WV (Li-1), WY NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT Data of Notke: 2-16-01 Certit2ed Mail Keceipt No. RODNEY S. HEP, F, 11 $ HERSHEY KD LOT 7 SHIPPENSBURG, PA 17257 Account No.; 73316816 105 BRADFORD kD SUITE 200 WEXFORD, PA IS090 800-245-1340 Creditor: CONSECO FINANCE COMSUMERDISCT. CO. C~edkTransactfori: MANUFACTURED HOME ACCOUNT You are now in default on this credit trauaaction. You have the right to correct this default within 30 days from the postrnarkeci date of this Notice. If you correct the default, yon may continue with the contract as thought 7ou did not default. Yourdcfault consists of: 1 payments (plusNA in fees and charges) totaling $277.06 Cure of default: within 30 days from the postmarked date of this Notice, you may cure 7our default by paying $27'7.06 which conai~t~ of $277.06 for past due payment~ and NA for late charges, or by doing the following: NA. Creditors rights: If you do not correct your default Jn tile time allowed, the creditor may exercis~ its right~ agahlst you under the law by taking legal action 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 a~ of 30 days from the postmark of this Notice, the maturity of this contract is automatically acceleratect and full payment of thc contract in tile amount of $ l 9,528.06 shall be due and payable without any further notice from *.he creditor. Additional expanses, interest and charges accrued aRer the date of this notice shall also be due and payable. If you have 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 of payments, and you want to pay by mail, send a cashier's check or money orsler. Do not send. c~h. Other payment arrangements may be made by contacting Conseco Finance. EXHIBIT "C" Notice of Intent to Repossess Id,aR- 8-0i T' T '*'%" ,l, 7" 3351324 P 7 ...... · ,o ., AL, AZ, AR, CT, DE, DC, FL, GA, IA (LEI J'MM), IO, IL, IN, KY, LA, MA (LH.), MD, M.E (LH First Lions), MI, MN, MO (LEI First Liens), MS, MT, NE, NV, Nlq, NJ (HO), NIH, NY, NC, ND, OH, OK, OR~ PA (HO), RI, SD, TN, TX (HO). UT, VT, VA, WA, ',¥I (LH First Liens), W~((LI-1), Wy NOTICE OF DEFAULT RIGHT TO CURE DEFAULT Date of Notice: 2-16-01 Certified Mail Receipt No. LAURIE L. HERR i 15 HERSHEY RD LOT 7 SI-IIPPENSBURG, PA 17257 Account No.: 73316816 Conseco Finance 105 BRADFORD KD SUITE 200 WEXFORD. PA 15090 800-245-1340 Creditor: CONSECO FINANCE COMSUMEK DISCT. CO. CreditTransactio~: MANUFACTURED HOME ACCOUNT You are now in default on this credit: transaction. You have the right to correct this default within 30 days from the postmarked dat, of this Notice. If you correct the default, you may continue with the contract as thouglat you did not default. Your default consist~ of: 1 pagment~ (plus NA in fees sad charges) totaling $277,06 Cure of default: Within 30 days from the pm/marked date of this Notice, you naa), cure your default by paying $277.06 which consists of $27'7.06 for past due payments and NA for Iate charges, or by doing ~e following: NA. Creditors rights: lfyou do not correct your default ia the time allowed, the creditor may e~eroise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period d~cribed above, ther~ as of 30 days frolll tha postmark of this Notice, ~e maturity oftllis contract is automatically accelerated and full payment of the contract in amount of $19,528.06 shall b~ due and payable without any further notice from the creditor. Additiorlal expenses, intcres{ and charges accrued after tb.e date of this notice sha{l also be due nod payable. If you have questions, write Conaeco Finance at the abnv~ address or call the number provided. If this default wa~ caused by your failure to make a payment of payments, and you want to pay by mail~ send a check or morley order. Do not send cash. Other payment arrangements ma5, be made by cotltacting. Cons~co Finance. SHERIFF FORM 16 DIRECTIONS TO SHERIFF To: The Sheriff of Columbia County Re: Conseco Finance Consumer Discount Company, f/Ida Green Tree Consumer Discount Company No. Term, Plaintiff City Ward vs. Mun. Rodney S. Herr and Laurie L. Herr Defendent$ Please serve one copy of the Complaint in Replevin on each Defendant or an adult member of the family with whom he or she resides; but if no adult member of the family is found then to an adult person in charge of such residence at: 115 Hershey Road, Lot 7 Shippensburg, PA 17257 IF ANY OTHER PERSON IS IN POSSESSION OF THE MOBILE HOME, YOU ARE DIRECTED TO ADD THEM AS A DEFENDANT AND SERVE THEM AS WELL. Date: March 12, 2001 Phone: (412) 422-8975 Attorney: Erin P. Dyer, Attorney at Law 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 REPORT OF DEPUTY SHERIFF Deputy: ATTEMPTS How Served Date and Time of Service Place Served If Residence Service, State Relationship of Party Served to Defendant If served at place of business, state Relationship of Party Served to Defendant, and if Individual Defendant, efforts made to get Residence Service Date of Report ,20__ SHERIFF'S RETURN - REGULAR CASE NO: 2001-01649 P COMMONWEALTH OF PENNSYLV~kNIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER VS HERR RODNEY S ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon HERR RODNEY S DEFENDANT , at 0017:58 at 115 HERSHEY ROAD SHIPPENSBURG, PA 17257 RODNEY S. HERR HOURS, on the 23rd day of March LOT 7 by handing to a true and attested copy of COMPLAINT & NOTICE IN REPLEVIN the together with 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 11 Affidavit Surcharge 10 39 00 78 00 00 00 78 Sworn and Subscribed to before me this ~g~ day of '~ ~.y~,~ ~/ A.D. ~ ; - Prothonotary ' ' So Answers: R. Thomas Kline o /2f/2ooi ERIN P. DYER Deputy Sheriff SHERIFF'S RETURN CASE NO: 2001-01649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONSECO FINANCE CONSUMER VS HERR RODNEY S ET AL REGULAR DAWN KELL Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE HERR LAURIE L DEFENDANT at 0017:58 HOURS, at 115 HERSHEY ROAD SHIPPENSBURG, PA 17257 LAURIE L. HERR a true and attested copy of COMPLAINT & NOTICE IN REPLEVIN Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 23rd day of March LOT 7 by handing to the , 2001 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~9~ day of ~ ~ ~,~ ,~.Jko I A.D. Answers: R. Thomas Kline 03/23/2001 ERIN P. DYER Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, f/lEa Green Tree Consumer Discount Company, Plaintiff, Rodney S. Herr and Laurie L. Herr, CIVIL DIVISION No. 01-1649 Defendants. PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter Judgment by Default in favor of Plaintiff Conseco Finance Consumer Discount Company, f/lEa Green Tree Consumer Discount Company and against Defendants Rodney S. Herr and Laurie L. Herr 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 were served with the Complaint on March 23, 2001 and their answer was due to be filed on April 12, 2001. 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 April 18, 2001, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 1994 Redman New Moon Manufactured Home, Serial Number 12225629, that being the relief demanded in the Complaint. Erin-FTDyer, Esquire PA ID Number: 52748 Attorney for Conseco 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 Attachments: Ten Day Notice Affidavit of Non-Military Service & Last Known Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount CIVIL DIVISION Company, f/Ida Green Tree Consumer Discount Company, No. 01-1649 Plaintiff, Rodney S. Herr and Laurie L. Herr, Defendants. Via Certified Mail # 26 1t55 1028 and Certificate of Mailing Rodney S. Herr 115 Hershey Road, Lot 7 Shippensburg, PA 17257 Via Certified Mail # 26 1t55 1011 and Certificate of Mailing Laude L. Herr 115 Hershey Road, Lot 7 Shippensburg, PA 17257 Date of Notice: 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 2 Liberty Avenue. Carlisle, PA 17013 1-800-990-9108 ErinCT~'-yer, [:squiJ= Attorney for Plaintiff 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\Green Tree\Herr, Rodney & Laurie\TDN EXHIBIT 'A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company, Plaintiff, V= Rodney S. Herr and Laurie L. Herr, CIVIL DIVISION No. 01-1649 Defendants. 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 115 Hershey Road, Lot 7, Shippensburg, PA 17257, 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. 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, f/k/a Green Tree Consumer Discount Company, Plaintiff, Rodney S. Herr and Laurie L. Herr, ) ) ) ) ) ) ) ) ) CIVIL DIVISION No. 01-1649 Defendants. Rodney S. Herr 115 Hershey Road, Lot 7 Shippensburg, PA 17257 Laurie L. Herr 115 Hershey Road, Lot 7 Shippensburg, PA 17257 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 Cumberl~"oun~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company, Plaintiff, Rodney S. Herr and Laurie L. Herr, Defendants. ) ) ) ) ) ) ) ) ) CIVIL DIVISION No. 01-1649 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, f/k/a Green Tree Consumer Discount Company: 1994 Redman New Moon Manufactured Home, Serial Number 12225629, 2. Inform Rodney S. Herr and Laurie L. Herr that they have ten (10) days to remove personal items. 3. After ten (10) days a motor truck will transport the 1994 Redman New Moon 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 Rodney S. Herr and Laurie L. Herr remaining after the above-mentioned time period and sell their 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, f/k/a Green Tree Consumer Discount Company, Plaintiff, Rodney S. Herr and Laurie L. Herr, Defendants. CIVIL DIVISION No. 01-1649 Writ of Possession WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS To the Sheriff of Cumberland County: 1. To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Conseco Finance Consumer Discount Company, f/k/a Green Tree Consumer Discount Company: 1994 Redman New Moon Manufactured Home, Serial Number 12225629. 2. You are directed to inform Rodney S. Herr and Laurie L. Herr that they have ten (10) days to remove personal items. 3. After ten (10) days a motor truck will transport the 1994 P, edman New Moon Manufactured Home to a predetermined area or the Plaintiff will secure the Mobile Home with a new lock for later transport. 4. To satisfy the costs against Rodney S. Herr and Laurie L. Herr, you are directed to levy upon any property of Rodney S. Herr and Laurie L Herr remaining after the above-mentioned time period and sell their interest therein. (Prothonotary/Clerk) (Deputy) Sea/of the Court: Date ,20__ L:\Green Tree~lerr, Rodney & Laurie\DJ VVP 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 Sheriff ' s Cos ts: Poundage 1.21 Prothonotary 1.00 Milage 11.78 Surcherqe 30.00 61.99 Sworn and subscribed to before me this day of Q-~_ Prothonotary Cost~t $ 100.00 Sheriff's Costs: 61.99 Refunded to Arty 7/17/01 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Conseco Finance Cons~ner Discount Company, f/k/a Green Tree Consumer Discount Cc~npany VS. Rodney S. Herr and Laurie L. Herr 115 Hershey Road, Lot 7 Shippensbur§, PA 17257 IN THE CO[IRT OE t 'OMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA No. ___ 05~71649~Civil .... Term No. .......... Term Cosls Att'y. _ ............. $ 125.28 PI'fi(s) ~ Prothy. $ 1,00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of C~mberl and 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: Conseco Finance Consumer Discount Cc~pany, f/k/a Green Tree Consumer Discount Ccmpany being: (Premises as follows): 1994 Redman New Moon Manufactured Hume Serial Number 12225629 Plaintiff(s) (2) To satisfy the costs against the defendant ts) you are directed to levy upon any property of the defen- dant ts) and sell his/her (or their) interest therein. Date May 14, 2001 (SEAL) Curtis R. Long P~x)thonottay, Colllmon Plctts Court of Cumberland County. Pennsylvania .... Depuly