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HomeMy WebLinkAbout04-6334 LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE ATTORNEY I.D. #55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, AZ 85283 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County No. ()4 - &,3],I( (7; (.) i L '-r ~ COMPLAINT IN EJECTMENT Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants 1601 Thompson Lane Mechanicsburg, P A 17055 Defendants COMPLAINT - CIVIL ACTION 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 defense 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 NOTICE 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 Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE ATTORNEY I.D. #55669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff Green Tree Consumer Discount Company, f/kJa Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, AZ 85283 Plaintiff Court of Common Pleas Civil Division vs. Cumberland County No. tYI- I-.~W ~~,J't~ COMPLAINT IN EJECTMENT Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants 1601 Thompson Lane Mechanicsburg, P A 17055 Defendants COMPLAINT ~ CNIL ACTION 1. Plaintiff, Green Tree Consumer Discount Company, f/kJa Conseco Finance Consumer Discount Company (hereinafter referred to as "Plaintiff') is a Corporation conducting business under the laws of the Commonwealth of Pennsylvania and brings this action against Frederic C. Jussen, III, Eva Jo Jussen And/Or Occupants (hereinafter referred to as "Defendants"). 2. Defendants Frederic C. Jussen, III and Eva Jo Jussen are adult individuals believed to be presently residing and occupying the premises at 1601 Thompson Lane, Mechanicsburg, PA 17055, more fully described in the legal description as Exhibit "A". GREEN TREE CONSUMER DISCOUNT COMPANY f/k/a CONSECO FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL~ COUNTY, PENNSYLVANIA NO. 04-6334 Civil Term vs. FREDERIC C. JUSSEN, III EVA JO JUSSEN AND/OR OCCUPANTS Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Gregory Javardian, for the limited purpose of representing the Plaintiff at Argument Court to be held at 10:45 a.m. on Wednesday, July 6, 2005 in Courtro ./ j}J2{ f Dale F. Shug a r. Supreme Court 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) :;~41-431l Date: July 5, 2005 -~ cc: James P. Kennedy, Esquire, Law Offices of Gregory Javardian Samuel L. Andes, Esquire ~ d .....t?, -0',; M'\">;_'." \-7' l~, ~,;;\: 11)}',' f;;:C ~ ..~ ~~) 'Y~ :2 ~ Q. ~ A ~ *.,~, "'" -<lQ \ 0'\0 if- o~ _c' -")~ ("7:1'~ i?" :/\ ~ :;:<. ;Q ?- sf. ~ - Date: 3. Plaintiff is the owner of the aforesaid premises, which real estate is fully described in Exhibit "A". 4. Plaintiff is the owner of the premises where Defendants reside, having completed a Sheriffs sale on said premises on December 8, 2004. 5. Defendants have no valid legal right to possession and title to the premIses. 6. Plaintiff claims the right to possession ofthe premises to the exclusion of the Defendants. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment for Possession against Defendants Frederic C. Jussen, III, Eva Jo Jussen and Occupants with respect to the aforesaid premises at 1601 Thompson Lane, Mechanicsburg, PA 17055. 1J-lff(Of ~~., . G g~ J Vi dian, Esquire ttorney Plaintiff Exhibit "A" . . ALL that certain piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Thompson Lane, widened as shown on the hereinafter mentioned Plan, at the eastern line of Lot No. 1 on said Plan; thence along said Lot No.1, north 13 degrees 18 minutes east 273.29 feet to a point on line of lands now or formerly of Benjamin K. Hartzler; thence along said Hartzler lands, south 84 degrees 46 minutes east 151.50 feet to a point at line of lands now or formerly of Ellmaker; thence along said Ellmaker lands, south 13 degrees 18 minutes west 294.55 feet to a point on the northern line of Thompson Lane; thence by the latter, north 76 degrees 42 minutes west 150 feet to a point, the place of beginning. BEING Lot No.2 on the Final Subdivision Plan for Glenn W. and Jean C. Marquart, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 31, Page 24. BEING known as 1601 Thompson Lane, Mechanicsburg, PA. BEING the same premises which Glenn W. Marquart and Jean C. Marquart, his wife, by Deed dated September 12, 1977 and recorded September 15, 1977, in Deed Book K, Vol. 27, Page 559, Cumberland County Records, granted and conveyed unto Frederic C. Jussen, ill and Eva Jo Jussen, his wife. BEING Parcel No. 13-10-0258-064. VERIFICATION I, Gregory Javardian, attorney for Plaintiff, hereby state that I am duly authorized to make this Verification on behalf of Plaintiff that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff s agents. The undersigned understands that the statements therein are made subject to the penalties of l8 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: IY~c/ ~Jav ilian, Esquire l\ttorney fI laintiff ^l (:) ~ f{ .~ t~' 1""- ., Q , ) C.:. ( ""'.\ c: (.",') ,1 t; .. " .-1 ~ '" C-:J ,,- .......-. ~ r' -\ r ,"1 C- ) " --- ~ ~ ~ C~ ()'\ " CN -') ~ " _",I- ), >,: ,-- ~' , .- " .' ~ '-' C) : 1 -- ..', " Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, Az 85283 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW Vs. Frederic C. Jussen, III Eva Jo Jussen and / or occupants 1 601 Thompson Lane Mechanicsburg, PA 17055 Defendants NO. 04-6334 CIVIL TERM COMPLAINT IN EJECTMENT NOTICE TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: 2 \ 0:3tt\>/. oW'L 20J S- ~~~ Attorney for Defendants Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, Az 85283 ) ) ) ) ) ) ) ) ) ) } } ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW Vs. Frederic C. Jussen, III Eva Jo Jussen and I or occupants 1601 Thompson Lane Mechanicsburg, PA 17055 Defendants NO. 04-6334 CIVIL TERM COMPLAINT IN EJECTMENT ANSWER WITH NEW MAHER AND NOW come the above-named Defendants, by their attorney, Samuel L. Andes, and make the following Answer, with New Matter, to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Denied as stated. At the time Plaintiff filed its complaint it was not the final and confirmed owner of the property in question, 4. Denied for the reasons set forth in the Answer to Paragraph 3 above which are incorporated herein by reference. 5. Denied. Defendants deny that Plaintiff is the final and confirmed owner of the property in question and claim that they had continuing rights in the property as of the date this complaint was filed. 6. Defendants admit Plaintiff claims that right but denies that Plaintiff had the right at the date this action was commenced. WHEREFORE, Defendants pray this court to dismiss Plaintiff's complaint. NEW MAHER 7. At the time Plaintiff filed its complaint in this matter, all proceedings before the court and the Sheriff of Cumberland County, Pennsylvania, had not been completed and J " the Plaintiff was not the final, confirmed, title owner of the property which is the subject of this action. 8. Defendants are in the process of attempting to negotiate with Plaintiff a settlement of this matter hereby Defendants will retain ownership of the property. 9. Plaintiff's complaint in this matter is, at best, premature. WHEREFORE, Defendants pray this court to dismiss Plaintiff's complaint, &A~ Attorney for Defendants Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II II \1 \ I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 1-;'0-0," ------ "<if ~ C ., '<k0 Frederic C. Ju sen, III II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: /-/9-dS ~~ ~9~~~o~ E a Jo Jus n ) -i1 -....1 ,'i1 t:.; I :~1,... ;-,1 _.;'~ !"',.) en THE LAW OFFICES OF GREGORY JA V ARDIAN BY: JAMES P. KENNEDY ATTORNEY 1.0. # 86614 1310 INDUSTRIAL BOULEVARD ] ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMP ANY f/k1a CONSECO FINANCE CONSUMER DISCOUNT COMPANY Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY V5. No.: 04-6334 Civil Term FREDERlC C. JUSEEN, II EVA JO JUSSEN AND/OR OCUP ANTS Defendants PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 7, Denied. The avernlents in paragraph seven (7) constitute a conclusion of law and no response is required. 8, Admitted. By way of further response, Plaintiff has not agreed to hold off on the ejectment proceedings during the negotiations. 9. Denied. The averments in paragraph nine (9) constitute a conclusion of law and no response .is required, WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant. rIL- es p, Kennedy, Esquire DATED: February 17,2005 FEB-15-2005 TUE 12:30 PM ASSET ONE MARKETING FAX NO, 3032850523 p, 02/02 VERIFICATION ,:';ll:.:: The undersigned hereby states that he/she is duly authorized to make this Verifioation on behalf of Plaintiff, the statements made in the foregoing pleading are true and correct to the best ofJuslher infonnation, knowledge and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~ THE LAW OFFICES OF GREGORY JA V ARDIAN BY: JAMES p, KENNEDY ATTORNEY 1.D. # 86614 1310 INDUSTRIAL BOULEVARD 1ST FLOOR SUITE 101 , SOUTHAMPTON, P A 18966 (215) 942-9690 Attorney for PlaintitT GREEN TREE CONSUMER DISCOUNT COMP ANY f/kJa CONSECO FINANCE CONSUMER DISCOUNT COMPANY Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY vs. No.: 04-6334 Civil Term FREDERIC C. JUSEEN, II EY A JO JUSSEN AND/OR OCUPANTS Defendants CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff s Answer to Defendant's Counterclaims was mailed to the following individuals by regular mail, first class United States mail. postage prepaid on the date set forth below. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Dated: February 17, 2005 /IL--- es p, Kennedy, Esquire SWORN TO AND SUBSCRIBED BEFORE N,lE THIS Il'\l.- DAYOFJ~ .2005. e\:1 ^^-AL/ ~,. -r ~_ NOTARY PUBLIC !K)T,I~;:.;;i-,i_ St,i!.,!. Ti~i'\ !:!:\)i::"; r~ ~~ou~~y f\JovelTbei 29. iDoe, ~ :)J ii ~ .~ ~ <>> ~ Q t:>o -I--- .--------- ... .... SHERIFF'S RETURN - REGULAR CASE NO: 2004-06334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS JUSSEN FREDERIC C III ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon JUSSEN FREDERIC C III the DEFENDANT , at 2042:00 HOURS, on the 28th day of December, 2004 at 1601 THOMPSON LANE MECHANICSBURG, PA 17055 by handing to FREDERIC C JASSEN .I I I a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 ___/'J, ~~' a ~...- rL.. ,,~.... -~<t. ....'~ .- 'r ~~'~-d-< .~ R. Thomas Kl ine . Sworn and Subscribed to before me this ;{ if ~ day of (/~)1~1{'<,.., 7 -2 tHJJ! A. D. ( t~ {} 'Jhd~ ~I I Prothonotary I SHERIFF'S RETURN - REGULAR . . -. CASE NO: 2004-06334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS JUSSEN FREDERIC C III ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon JUSSEN EVA JO the DEFENDANT , at 2042:00 HOURS, on the 28th day of December, 2004 at 1601 THOMPSON LANE MECHANICSBURG, PA 17055 by handing to FREDERIC C JASSEN III ADULT IN CHARGE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 4. ./..P,..... ~/ ) ~."t-" "t.,y~.~..;.J ?,. '-.-<-::, "..,," ,+" ./,.'..>' ,,.....~.__J,...,_,J.^..'.o-'(<._',.:'-,~'{{ 'r 4/ ",,' ",-;.~~....,.." .' .,....... ~'" . ,,- ~".;; ~...I" ".,....',.. ~ '" R. Thomas Kline 12/29/2004 GREGORY JAVA~ By: ~ .,r eputy Sheriff Sworn and Subscribed to before &,. me this 24 ~ day of ~, :2tJ-t,.5 A.D. q;".O ~ ~ othonotary r IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO TY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY F/K/A CONSECO FINANCE CUMBERLAND CO TY CONSUMER DISCOUNT COMPANY Plaintiff NO. 04-6334 Civil Te vs. Filed on behalf of: Plaint ff, GREEN TREE CONSU ER DISCOUNT COMPANY i Counsel for Record for f lis Party: James P. Kennedy 1 PA ID# 86614 Law Offices of Gregory J vardian 13 I 0 Industrial Boulevar I st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 MOTION FOR SUMM Y JUDGMENT FREDERIC C. JUSSEN, III EVA 10 JUSSEN AND/OR OCCUP ANTS Defendant Counsel for the Defendan Samuel 1. Anders, Esquir 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 (717) 761-1435 LA W OFFICES OF GREGORY JA V ARDIAN BY: JAMES P. KENNEDY, ESQUIRE ATTORNEY I.D. # 86614 1 310 Industrial Boulevard ] st Floor, Suite 101 Southampton, PA 18966 Attorney for Plaintiff (215) 942-9690 Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company Plaintiff Court of Common Pleas Civil Division Cumberland County No, 04-6334 Civil Term vs. Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDAN" S Plaintiff, by its attorney, Gregory Javardian, Esquire, hereby espectfully moves this Court for Summary Judgment in its favor and against Defendants, Frederic C. lussen, III, Eva 10 Jussen and Occupants, In support of thi~ Motion, Plaintiff submits the accompanying Memorandum of Law and Proposed Order and hereby avers as follows: 1. On November 11. 1998, Defendants Frederic C. Jusse , III and Eva Jo Jussen made, executed and delivered a mortgage and note in the amoul,t of $111 ,600.00 to Green Tree Consumer Discount Company, which mortgage was reco ded in the Office of the Recorder of Deeds of Cumberland County on November 13, 1998 in Book 1497, Page 219, 2, The land encumbered by the mortgage is 1601 Thompson Lane, Mechanicsburg, P A 17055 (hereinafter referred to as the "Property"), 3. The Defendants, Frederic C. Jussen, III and Eva Jo J ssen, defaulted on the mortgage and note. 4. Accordingly, a mortgage foreclosure action was com enced by PlaIntiff in the Cumberland County Court of Common Pleas (No,; 2000-7 2 Civil Term) by complaint filed on February 8,2000 (hereinafter referred to as the "M rtgage Foreclosure Action"). 5. In the Mortgage Foreclosure Action, judgment was e~tered in Plaintiffs favor against the Defendants, Frederic C. Jussen, III and Eva Jo Jursen, on April 27, 2000. 6. A Writ of Execution was thereafter issued and the pro erty was listed for Sheriff s Sale. 7, Plaintiff was the successful purchaser of the Property a the December 8, 2004 Sheriffs Sale. 8. As the purchaser of the Property at the Sheriffs Sale, P aintiff is the legal owner of the property. Continental Bank v. Frank, 343 Pa.Super. 4 7, 495 A.2d 565 I (1985); In re Rouse, 48 B.R. 236 (Bkrcy. E.D.Pa. 1985). 9, Additionally, Plaintiff is entitled to a Sheriffs Deed and possession of the property. Id. 10. The Sheriffs Deed to Plaintiff was recorded on Jan ry 11, 2005 in the Office of Recorder of Deeds of Cumberland County in Book 267. P ge 496, (A true and correct copy of the deed is attached hereto and marked as Exhibit "A" , II. As the purchaser of the Property at the Sheriffs Sale nd record owner of the Property, Plaintiff is entitled to possession of the Property, 12. Plaintiff filed the underlying Complaint in Ejectmen on December 16, 2004. (A true and correct copy of Plaintiffs Complaint is attached h eto and marked as Exhibit "B"). 13. The Defendants filed an Answer and New Matter to the Ejectment Complaint on February 1, 2005. (A true and correct copy of Defen ants' Answer and New Matter is attached hereto and marked as Exhibit "C"). 14, Plaintiff filed an Answer to Defendants' New Matte on February 23, 2005, (A true and correct copy of Plaintiffs Answer to Defendan s' New Matter is attached hereto and marked as Exhibit "D"). 15. In the Answer and New Matter, the Defendants deny tha Plaintiff was the final and confirmed owner of the subject property at the time the Com laint in Ejectment was filed. \6. In the New Matter, Defendants state that they are n the process of attempting to negotiate with Plaintiff so as to retain ownership of the su ject property. 17. Plaintiff acknowledges that there have been nego. ations with the Defendants however, the parties have been unable to reach an agreemen . 18, The Defendants have not set forth a single basis to e ablish that they are entitled to possession of the property or to dispute that Plaintiff is the record owner of the property having purchased the property at Sheriffs Sale foil wing a mortgage foreclosure action. 19. Plaintiff IS entitled to immediate possessIOn of t e property having purchased the same at Sheriff Sale and having obtained a Sheriffs De d to the propeJiy. WHEREFORE, Plaintiff respectfully requests that this Court nter Judgment for Possession against Defendants Frederic C. Jussen, Ill, Eva Jo Jussen d Occupants with respect to the aforesaid premises located at 1601 Thompson Lane, echanicsburg, PA 17055, Date: t./J'I/;, /- es P. Kennedy Esquire Attorney for Plain 'ff Exhibit "A" \ \ , \ \ \ \ ! \ \ l~qo --12_ 'Jl .C, /i[::;'J. ...\; "/: Tax Parcel No. 13-10-0258-064 2JD5 JRN 1 lir1 3 lJ 5 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, n the State of Pennsylvania, for and in consideration of the sum of $1.00, One DolIa , to me in hand paid, do hereby grant and convey to Green Tree Consumer Discount Conseco Consumer Discount Com an flkJa Green Tree Consumer Company REAL ESTATE SALE No. 45 Writ No. 2000-752 Civil Term Conseco Consumer DIscount Company Vs Frederic C. Jussen, III and Eva JoJussen Atty: Gregory Javardlan DESCRIPTION ALL that certain piece or parcel of land situate in Lower Allen Township, Cumberland Coun ,Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Thompson Lane, widened as shown on the h rein-after mentioned Plan, at the east-em line of Lot No. I on said Plan; thence along said Lot No.1, north 13 de ees 18 minutes ea~t 27329 feet to a point on line of lands now or formerly of Benjamin K. Hartzler; thence along said Hartz-Ief lands, south 84 degrees 46 min-utes east 151.50 feet to a point at line oflands now or formerly ofEllm er; thence along said Ell-maker lands, south 13 degrees 18 minutes west 294.55 feet to a point on the northern line of Thompson Lane; thence by the latter, north 76 degrees 42 minutes west 150 feet to a point, the place of BEGINNING, BEn.JG Lot No.2 on the Finat SUbdivision Plan for Glenn W. and Jean C. Marquart, said Plan eing recorded in the Cumberland County Recorder's Office in Plan Bnok 31, Page 24, BEING known as 1601 Thompson Lane, Mechanicsburg, PA. BEING the same premises which Glenn W, Marquart and Jean C. Marquart. his wife. by Deed ated September 12, 1977 and recorded September 15. ]977. in Deed Book K. Vol. 27, Page 559, Cumberland County ecords. granted and conveyed unto Frederic C. Jussen, III and Eva 10 Jussen, his wife. BEING Parcel # 13-1 0-0258-064, ',.n' .';L;"";j ["~I.i ,.t:i ('; .: t:'~:vr\ All...; { I h,,~ ;1.0 The same having been sold by me to the said grantee on the 8th day 0 December Anno Domini Two Thousand and E!!!!! (2004) after due advertisement acco ding to law, under and by Virtue of a Writ of Execution issued on the 12th day of u ust Anno Domini 2004 out of the Court of Common Pleas of Cumberland Count , Pennsylvania, as of Civil Term, Two Thousand (2000) Number 752 at the suit of Conse 0 Consumer Discount Company against Frederic C. Jussen III and Eva Jo Juss n. I (~erti fy this t be recorded in Cumberland County PA <~":-':\">,'> A \,-~:~~~~ Reco cler of Deeds . -&:11 ~'l~'1'",,~1!.; _ 7' / '?7~ BOOK 26';-' [:,,\"C I ~1'~ i~ """7 /* " In Witness Whereof, I have hereunto affixed my signature this 10th day orran. Armo Domini Two Thousand and Five (2005) ~ /;.? ~ --> Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R Long, Prothonotary of the C of Common Pleas ofCumberJand County, Pennsylvania, personally appeared R. Th mas Kline, Sheriff of Cumberland County aforesaid, and in due form of law decJar d that the facts Set forth in the foregoing Deed are true, and that he acknowledged the ame in order that Said deed might be recorded. Witness my hand and seal of said Court, this 10th day of Jan. - - 1ud: Solicitor Two Thousand and Five (2005) .~'....\\l,t~" ,~"'~~O \:;j)+;'" ". :..~..tlv",..1k,,,, "1. :_~~'''~~j<;l~..~I;;''. " ~~c;~""~~~~'.,c,:~~,,,,,':....t~,,~ '~~_' (,: ,,~...., "." ':"', 'si'-",:'(;"'" "'f,'(' -,';'~;'~~~'ii~~!,r,:p.~ire:~Gi'~" l-? ;I"~\~'" ;1(~~~~~~ "jY;;"/'~r."_'/''''r. '~,.." ~_; ,......A3-ii;t.., ""'.....""".".' y ~. '...I' ...:,.- fJ r1 ..... " ,<,1,; , "i~,\:<;;,rJ.'i,,~,s.~(-" -, ,'. rc: (I; /~C)Qr' BOO~,"-;;u ?,\.~. ",,;yO , \ Exhibit "B" LA W OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE ATTORNEY I.D. #55669 1310 Industrial Boulevard I sl Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff Green Tree Conswner Discount Company, Court of Common Plea f/k/a Conseco Finance Consumer Discount Company Civil Division 7360 South Kyrene Road Tempe, AZ 85283 Cumberland County Plaintiff No. lU-lC:T~ COMPLAINT IN EJEC MENT vs, Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants 1601 Thompson Lane Mechanicsburg, P A 17055 Defendants ......1 (-~ -T1 " C-:J C'(-\ COMPLAINT - CIVIL ACTION NOTICE ('~') You have been sued in Court. If you wish to defend against the laims set forth in the following pages, you must take action within twenty (20) days after t . s Complaint and notice are served, by entering a written appearance personally or by atto ey and filing in writing with the court your defense or objections to the claims set forth gainst you. You are warned that if you fail to do so the case may proceed without you an a judgment may be entered against you by the Court without further notice for any mon claimed in the complaint or for any other claim or relief requested by the Plaintiff. You m y lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT NCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO 0 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA GET LEGAL HELP. Cwnberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 \'~ LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN, ESQUIRE ATTORNEY LD. #55669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff Green Tree Conswner Discount Company, Court of Common Pleas f/k/a Conseco Finance Consumer Discount Company Civil Division 7360 South Kyrene Road Tempe, AZ 85283 Cumberland COlmty Plaintiff No. vs. COMPLAINT IN EJEC1 MENT Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants 1601 Thompson Lane Mechanicsburg, P A 17055 Defendants COMPLAINT - CNIL ACTION 1. Plaintiff, Green Tree Consumer Discount Company, f/kJa Conseco Finance Conswner Discount Company (hereinafter referr d to as "Plaintiff') is a Corporation conducting business under th laws of the Commonwealth of Pennsylvania and brings this action ag inst Frederic C. Jussen, III, Eva Jo Jussen And/Or Occupants (hereinafter eferred to as "Defendants"), 2. Defendants Frederic C. Jussen, III and Eva Jo Jussen are a ult individuals believed to be presently residing and occupying the premis~s at 1601 Thompson Lane, Mechanicsburg, P A 17055, more ft lly described in the legal description as Exhibit "A", 3. Plaintiff is the owner of the aforesaid premises, which real estate is fully described in Exhibit "A". 4. Plaintiff is the owner of the premises where Defendant reside, having completed a Sheriffs sale on said premises on Decem er 8, 2004, 5, Defendants have no valid legal right to possession and itle to the premises. 6. Plaintiff claims the right to possession of the premises t the exclusion of the Defendants. WHEREFORE, Plaintiff respectfully requests that this 000 enter judgment for Possession against Defendants Frederic C. Jussen, III, Eva Jo Jussen and Occupants with respect to the aforesaid premises at 1601 Tompson Lane, Mechanicsburg, P A 17055. D,'e f ;"(If(O 'f Exhibit" A" ALL that certain piece or parcel of land situate in Lower Allen Townshi ,Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Thompson Lane, widene as shown on the hereinafter mentioned Plan, at the eastern line of Lot No.1 on said Plan; hence along said Lot No.1, north 13 degrees 18 minutes east 273.29 feet to a point on line of I nds now or formerly of Benjamin K. Hartzler; thence along said Hartzler lands, south 84 degrees 6 minutes east 151.50 feet to a point at line of lands now or formerly of Ellmaker; thence along aid ElImaker lands, south 13 degrees 18 minutes west 294.55 feet to a point on the northern li e of Thompson Lane; thence by the latter, north 76 degrees 42 minutes west 150 feet to a point, he place of beginning. BEING Lot No. 20n the Final Subdivision Plan for Glenn W, and Jean C. Marquart, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 31. Page 24. BEING known as 1601 Thompson Lane, Mechanicsburg, PA. BEING the same premises which Glenn W. Marquart and Jean C. MarquaI , his wife, by Deed dated September 12,1977 and recorded September 15, 1977, in Deed Boo K, Vol. 27, Page 559, Cumberland County Records, granted and conveyed unto Frederic C. ussen, III and Eva 10 Jussen, his wife. BEING Parcel No. 13-10-0258-064, VERIFICATION I, Gregory Javardian, attorney for Plaintiff, hereby state that am duly authorized to make this Verification on behalf of Plaintiff that the statements ill de in the foregoing pleading are true and correct to the best of his knowledge, informatio and belief and the source of his information is public records and reports of Plain iff s agents. The undersigned understands that the statements therein are made subjec to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn falsification to authori ies. Date: /y!'Ij/pcf Exhibit "c" Green Tree Consumer Discount Company, f!k/a Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, Az 85283 IN THE CURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACT ON - LAW Vs. Frederic C. Jussen, III Eva Jo Jussen and / or occupants 1601 Thompson Lane Mechanicsburg, PA 17055 Defendants NO. 04-6 34 CIVIL TERM COMPLAIN IN EJECTMENT NOTICE TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLO ED ANSWER AND NEW MATTER COUNTERCLAIM WITHIN TWENTY (20) DAYS FRO SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. ,,\,,: ') ~ Date: 2 \ \Jdi"I-.I:'-y .LO::l ') Sa ' el L. Andes Attorney for Defendant Supreme Court ID 172 5 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company 7360 South Kyrene Road Tempe, Az 85283 Plaintiff ) ) ) ) ) ) ) ) ) I ) ) ) ) ) IN THE CURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AC ION - LAW Vs. Frederic C. Jussen, III Eva Jo Jussen and I or occupants 1 601 Thompson Lane Mechanicsburg, PA 17055 Defendants NO. 04- 334 CIVIL TERM COMPLAI T IN EJECTMENT ANSWER WITH NEW MATTER AND NOW come the above-named Defendants. by their att mey, Samuel L. Andes, and make the following Answer, with New Matter, to Plaintiff's C mplaint: 1. Admitted. 2. Admitted. 3. Denied as stated. At the time Plaintiff filed its complaint it was not the final and confirmed owner of the property in question. 4. Denied for the reasons set forth in the Answer to Paragra h 3 above which are incorporated herein by reference. 5. Denied. Defendants deny that Plaintiff is the final and co firmed owner of the property in question and claim that they had continuing rights in th property as of the date this complaint was filed. 6. Defendants admit Plaintiff claims that right but denies tha Plaintiff had the right at the date this action was commenced. WHEREFORE, Defendants pray this court to dismiss Plaintiff' complaint, NEW MATTER 7. At the time Plaintiff filed its complaint in this matter, all pr ceedings before the court and the Sheriff of Cumberland County, Pennsylvania, had not een completed and the Plaintiff was not the final, confirmed, title owner of the prop ty which is the subject of this action. 8. Defendants are in the process of attempting to negotiat with Plaintiff a settlement of this matter hereby Defendants will retain ownership of the property. 9. Plaintiff's complaint in this matter is, at best, premature. WHEREFORE, Defendants pray this court to dismiss Plaintif 's complaint. el L. An es Attorney for Defendants Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are tru and correct. I understand that any false statements in this document are subje t to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: I-;!O-'O!) czr~ " C Frederic C. Ju I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subjec to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 1~/9-cP5 Exhibit "D" THE LAW OFFICES OF GREGORY JA V ARDIAN BY: JAMES P. KENNEDY ATTORNEY J.D. # 86614 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY flk/a CONSECO FINANCE CONSUMER DISCOUNT COMPANY Plaintiff COURT OF COMMO PLEAS TRIAL DIVISION CUMBERLAND CO -'vs-;--- -- ~------ ,-~,---- No.: 04-6334 Civil Ter FREDERIC C. JUSEEN, II EVA JO JUSSEN AND/OR OCUP ANTS Defendants PLAINTIFF'S ANSWER TO DEFENDANT'S NEW M TTER 7, Denied. The averments in paragraph seven (7) constit te a conclusion of law and no response is required. 8. Admitted. By way of further response, Plaintiff has not agreed to hold off on the ejectment proceedings during the negotiations, 9. Denied. The averments in paragraph nine (9) constitu e a conclusion of law and no response is required. WHEREFORE, Plaintiff prays for judgment in its favor and agai st Defendant. ;".// sqUIre DATED: February 17,2005 FEB-15-2005 rUE 12:30 PM ASSET ONE MARKETING FAX NO, 3032850523 P. 02/02 VERIFICATION /\01:,:: The undersigned hereby states that helshe is duly authorized to malce tins Verification on behalf of Plaintiff, the statements made in the foreg ing pleading are tJUe and correot to the best of hislher infonnation, knowledge and belief d understands that the statements therein are made subject to the penalties of 18 Pa.C.S relating to unsworn falsifioation to authorities. THE LAW OFFICES OF GREGORY JA V ARDIAN BY: JAMES P. KENNEDY ATTORNEY LD. # 86614 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, P A 18966 (215) 942-9690 Attorney or Plaintiff GREEN TREE CONSUMER DISCOUNT COMP ANY flk/a CONSECO FINANCE CONSUMER DISCOUNT COMPANY Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND CO TY vs. No.: 04-6334 Civil Term FREDERIC C. JUSEEN, II EVA JO JUSSEN AND/OR OCUP ANTS Defendants CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiffs Answer to Defendant's Counterclaims was mailed to the following individuals by regular mail, first class Unit d States mail, postage prepaid on the date set forth below, Sanmel 1. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Dated: February 17,2005 I'lL- sqmre SWORN TO AND SUBSCRIBED BEFORE ME THIS Il'll-- DA Y OF.j~ ,2005, d,,~'C.-P~ NOTARY PUBLIC !'K)T,J\i::Ui,i__ SCilJ Ti~"J/\ [: PG:~C}; Put;,Jic Upper Soutnanp!C:r1 T'ap County My CommiSSion L:<,p'ire~<!\]ov~r~~~er 29,2008 LAW OFFICES OF GREGORY JAVARDIAN BY: JAMES P. KENNEDY, ESQUIRE ATTORNEY J.D. # 86614 1310 Industrial Boulevard 1" Floor. Suite 101 Southampton, PA 18966 Attorney for Plaintiff (215) 942-9690 Plaintiff Court of Common Pleas Civil Division Cumberland County No. 04-6334 Civil Term Green Tree Consumer Discount Company, tik/a Conseco Finance Consumer Discount Company vs. Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants Defendants CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of Plaintiff's Motion for Summary J dgment was mailed to Defendants by regular mail, first class United States mail, po tage prepaid on the date set forth below. Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendants Date: l/;',/~<;. ~.;, es p, Kennedy, Esquire f\ttorney for Plaint ff SWORN TO AND SUBSCRIBED BEFORE ME THIS \ lev--- DAYOF ~ ,2005. ci~ fff~ NOTARY PUBLIC . "~""NW!:.':AI1'H OF ,:.r:.~,!NSYLV^NIA COM~'~.::::..,,",,;;.._._- . [:- NOTN'ML :,EAl TINA E POPEP-, NctJr'j Public . -r _, n ....1." CO"") "I ".. "o"th~r.l'p'.or ,\'I,'p. t5!.,\,/\,' ~, \;0(1.:,1 ,.) ....'. ,,". _ ' r 0 M co!"misS1on E^plre.~~rnber 29, LOv8 n '" { :~ l:_J , , () -(I .-.-t -::-r: -" r"-r-': f'-J ) :')7.. c: ."._._.~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next ArgtInent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption rmJSt be stated in full) Green Tree Consumer Discount Company f/k/a Conseco Finance Consumer Discount Company ( plaintiff) vs. Frederic C. Jussen, III Eva Jo Jussen and/or Occupants ( IEferxiant ) No. 04-6334 Civil 19 1. State matter to be argued (Le.. plaintiff's rn::>tion for new trial. deferrlant's demurrer to canplaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel ..tx> will argue case: (a) for plaintiff: Gregory Javard ian, Esquire 1\ddress: 1310 Industrial Blvd., Ste 101 Southampton, PA 18966 (b) for deferxiant: Samuel L. Andes, Esquire !\ddress: 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 3. I will notify all parties in writing within n.u days that this case has been listed for argunent. 4. Argunent Court Date: July 6, 2005 TAtoo, 0eL,~ or PL./of,'NII' .'-' '~'.) THE LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JAVARDIAN ATTORNEY I.D. # 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff Plaintiff Court of Common Pleas Civil Division Cumberland County No. 04-6334 Civil Term Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company vs. Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants Defendants CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certifY that a copy of Praecipe for Listing Case for Argument for Plaintiffs Motion for Summary Judgment was mailed to the following individuals by regular mail, first class United States mail, postage prepaid on the date set forth below. Samuel L. Andes, Esquire 525 North Twelfth Street P.O, Box 168 Lemoyne, P A 17043 Attorney for Defendants Dated: May 18,2005 SWORN TO AND SUBSCRIBED BEFORE ME THIS I 2,"-- DAY OF/"? ,2005. /J- r" J$KHARYPUBLIC JAMES P KENNEDY Notary PubIc UPPER SbUTHAMPTON TOWNSHP BUCKS COUNTY --.-\ , c; (-:') \.U ;,.;-:___"_~V""'."''' r \ .,.."; ,,.. .,,~. ' ll.~d~'f, ~. .,'1'1" . 'jC~ ....\., W,\'i~J ,l,~ ,<:1.\ GREEN TREE CONSUMER DISCOUNT COMPANY flk/a CONSECO FINANCE CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAIIlD COUNTY, PENNSYLVANIA V. FREDERIC C. JUSSEN, III, EVA JO JUSSEN AND/OR OCCUPANTS, DEFENDANTS 04-6334 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT ORDER OF COURT ~ day of July, 200S, IT IS ORDERED: AND NOW, this (1) The motion of plaintiff for summary judgment against defendants Frederic C. Jussen, III and Eva Jo Jussen, IS GRANTED. (2) Frederic C. Jussen, III and Eva Jo Jussen are ejected from 1601. Thompson Lane, Lower Allen Township, Cumberland County. (3) Plaintiff is granted immediate possession of the propert . By th~,Court, U Edgar El. Bayley, J. /~s P. Kennedy, Esquire ...-fJale F. Shughart, Jr., Esquire For Plaintiff ,~ ~rP ~amuel L Andes, Esquire For Defendants :sal ~ y~ ~~- <:-c'J \~'- ~ () .(J.~ wQ- ;::!~\ "'-IS '6 C'> \J"l g ....;;:, ~ <P \ _.\ ~.::::> .-, "'" """ ~ " -,.. \- 6' ,,) ,~ '},--: ,-::;~~~ ;,,(J) ",~:: :\~St ";<- ? <.) p;r ./..i_,,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Green Tree Consumer Discount Company, flk/a Conseco Finance Consumer Discount Company Plaintiff Court of Common Pleas Civil Division Cumberland County No. 04-6334 Civil Term vs. Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants Defendants PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Enter judgment for Possession of the premises 1601 Thompson Lane, Mechanicsburg, P A 17055 in favor of Green Tree Consumer Discount Company, flk/a Conseco Finance Consumer Discount Company and against Frederic C. Jussen, III, Eva Jo Jussen and Occupants, in accordance with the Court's Order dated July 8, 2005 granting Plaintiffs Motion for Summary Judgment. Date: lf3~~ / GREEN TREE CONSUMER DISCOUNT COMPANY flk/a CONSECO FINANCE CONSUMER DISCOUNT COMPANY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERIC C. JUSSEN, III, EVA JO JUSSEN AND/OR OCCUPANTS, DEFENDANTS 04-6334 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT ORDER OF COURT ~ day of July, 2005, IT IS ORDERED: AND NOW, this (1) The motion of plaintiff for summary judgment against defendants Frederic C. Jussen, III and Eva Jo Jussen, IS GRANTED. (2) Frederic C. Jussen, III and Eva Jo Jussen are ejected from 1601. Thompson Lane, Lower Allen Township, Cumberland County. (3) Plaintiff is granted immediate possession of the propert . James p, Kennedy, Esquire Dale F, Shughart, Jr., Esquire For Plaintiff Samuel L. Andes, Esquire For Defendants :sal ","1?iir: rf'''l)V !:'7J'r';lA \jH'"ctV'iJ, . n, ,.If ~"" ',_0'" ~ ,- ll't' .,if flI, ~,\,'I[,,, "'_ if\. Ii.; In Tf~,;,Lr",i'" r:- J~ ! ;-~f,-re untD ~,\:< my hand S(l~ ' r "'U~' at db!:;'-, ?a. c -,::) R --lQ. -:-G 1- ~ \,l C> \) ('\ - ?J ~ r ~ l' ~ ~ ~ f~ ~> ~E- C::::l 0 ~:;':;l \U ""'0 ,::.J""1 -n '-- ::;:J - r:-;:-': [<17; ~ r-- r-' ----L n-: <..3'1 C" ...( ~2 -0 =-ii ::;:: .C") ~? f-"-" C" ,0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiff : Court of Common Pleas : Civil Division : Cumberland County No. 04-6334 Civil Tenn Green Tree Consumer Discount Company, flk/a Conseco Finance Consumer Discount Company vs. Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants Defendants PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue a WRIT OF POSSESSION in the above matter, for possession of: 160 I Thompson Lane Mechanicsburg, P A 17055 Date: 7 13 ~j' I I an, Esquire aintiff s ~ -- Vt --- lJJ ~ w p, -<s. w ...0 l.rt ~ "'" lf1 ,.- -r () --- c () 6--0 -p "<;;l l/) ~ 0 li"- \) \) c ~()' b ~ C> I ~ \ , I ~-=-CJ ~ (J ~~p:- -0 - I;"- ~ , , , , , ~ ~ , ~ \) ~ ~ ' - , :::. - - ~ - ~ - (,Y 0 B V\ ~ .,...., C) e::} ~~~ ~~ --, (~ r-~ ~-;;..<; o 11 .-\ -:L ....,-. ["l1'f= -oU~ ~JJ ....... (...fi (~,(!~) ,..;-r-j -0 {,' :u: ':;{ ~(;\ ~ ~~\ ,- '~;:j I.,.() .< - WRIT OF POSSESSION (Ejectment Proceedings PRep. 3160-3165) Grppn TTf!e Consumer Discount Company,. f/k/a Conseco Finance Consumer Discou t Company IN THE COURT OF COMMON PLEAS OF > CumberlllndCOUNTY, PENNSYLVANIA vs No. Term 19_J.D. Frederic C. Jussen, III Eva Jo Jussen And/Or Occupants No. 04-6334 Civil Term ~i~lg~ WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA: Costs: Atty ---- $133.86 Prothy--- $ 1.00 COUNTY OF Cumberla,nd To the Sheriff of Cumberland County, Penna, (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company Plaintiff (s) being: (Premises as follows): 1601 Thompson Lane, Mechanicsburg, PA 17055 (see attached legal description) (2) To satisfy the costs against the defendant(s) you are directed to levy upon any property of the de, fendant(s) and sell his her (or their) interest therein. Dated July 15, 2005 CUrtis R. Lonq Prothonotary, Court of Common Pleas of County, Pennsylvania -By' ;1AI?~" P.7fm./)J'P~ ~ Deputy (SEAL) NOTE: If the judgment includes profits or damages, or if the attachment execution for costs is desired, the plaintiff may issue a separate Writ of Execution under Rule 3102. MP-11 ~ Q. i. ~~ :E :>' CD i 'i 'i ~ '" 3 ~ g ~ :< ~ ....c.... Ol . .... <: . '>j.... ....p.. . ,.... . . :; '" .... (l) .... o .... ~. '" .... '" v.O ~" .... "'"' ..... ",S 1'0 "'.... <:>00 "':; o. ." :<> .... co '" <:>0 <:>0 ~~~ Q. 9! rt "ell s: 8' :" ~ 8 $ ~ ~ ,... . o o -lI> ,... t:::g ~ sa. IS> '" ~ :v ::0 iG=l ~ 0 :v ... !~ 8: g :3:......>t:t1~ (t) O'.:::f < I"'l noCb,.ro =r-............. p. lit 0 ~ co t1 1-3 ti 0 1'1 I--"::r' 1-'- noo~n en S n a 0"'''0 (1 00 n C 00 ~ to H O't:l rtI (JQ :; . :; c.... . :; " t<.... Ol i""C lit Ql rtJ :<>:; (l) (l) ,;' ~ .... -.. H o H V. H V. 1-3""'-Jt-na') f1) v.>""-li !!O\~ro -v 0"'-.(1) (l) .:; . en on>-3 :<>" 0 .... N rt Jj I'\) ". Ol (l) (l) oo~nC") V1"'<: 0 0 "'.... :; co rtl "sj 00 w::s 1-'.1: (l) :; S . (l) ~:;.... o " . (l) t:> p.. ,.... nOl o " :; 0 '" " " :; s .... (l) .... n o t:>s ,.... '0 Ol . " :; 0'< " . :; .... n o .e . :; '< z ;! ... "iI,8 ~&~ ~~ 0 <.... ... ~ii ~p.. i: no o Z g "II .... r- '< ~ , -' z ? z ? w .... n ,.... <: ,.... ,... rl (l) -l CD 3 )< ~ d ..... r .... p , ../ ~IL "" "",,," pi"" 0' p=" of Imd .,,,,, in Low" AU" Tow",hip, Cumlredond C~'Y, / ' Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of Thompson Lane, widened as shown on the hereinafter mentioned Plan, at the eastern line of Lot No.1 on said Plan; thence along said Lot No.1, north 13 degrees 18 minutes east 273.29 feet to a point on line of lands now or formerly of Benjamin K. Hartzler; thence along said Hartzler lands, south 84 degrees 46 minutes east 151.50 feet to a point at line of lands now or formerly of ElImaker; thence along said ElImaker lands, south 13 degrees 18 minutes west 294.55 feet to a point on the northern line of Thompson Lane; thence by the latter, north 76 degrees 42 minutes west 150 feet to a point. the place of beginning. BEING Lot No.2 on the Pinal Subdivision Plan for Glenn W. and Jean C. Marquart, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 31, Page 24. BEING known as 1601 Thompson Lane, Mechanicsburg, PA. BEING the same premises which Glenn W. Marquart and Jean C. Marquart, his wife, by Deed dated September 12, 1977 and recorded September 15,1977, in Deed Book K, Vol. 27, Page 559, Cumberland County Records, granted and conveyed unto Frederic C. Jussen, ill and Eva Jo Jussen, his wife. BEING Parcel No. 13-10-0258-064.