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STATE 0F INDIANA ) IN THE ELKHART SUPERIOR COURT
£88:
COUNTY 0F ELKHART CAUSE N0. 20D05—201 1—PL—000223
21“ MORTGAGE CORPORATION,
Plaintiff,
V.
vvvvvvvvvv
KEVIN E. YOHE, and
JAMES L. FOX,
Defendants.
JUDGMENT and WRIT OF ASSISTANCE
COMES now the Court, and this case being submitted upon Plaintiff’s Motion For
Default Judgment, and the Court, being duly advised in the premises, now finds as follows:
1. The Plaintiff filed its Complaint on November 11, 2020. Defendants KEVIN E.
YOHE and JAMES L. FOX were both personally served, by copy service through the Sheriff 0n
November 25, 2020.
2. Trial Rule 6(C) allows a Defendant 20 days from the date of personal service t0
respond t0 a complaint. That time has expired.
3. The Defendants have each failed to appear, answer, or otherwise respond to
Plaintiff’s Complaint in Violation 0f Trial Rules 6(C) and 55(A).
4. As alleged in the Complaint the Plaintiff is entitled t0 repossess the subj ect
Manufactured Home, with or Without moving it, t0 sell it in a commercially reasonable manner,
t0 apply the proceeds from such sale first t0 its costs, expenses and attorney’s fees, and then t0
the principle balance and interest due under the Note that is attached t0 the Complaint ad Exhibit
1.
5. The Plaintiff is entitled t0 damages against Defendants KEVIN E. YOHE and
JAMES L. FOX, jointly and severally in the sum 0f $35,103.37, plus costs 0f $185.00 as
follows:
Principal $30,86 1 .91
Interest $ 2,826. 1 8
Late charges $ 293.25
Escrow Shortfall $ 261.24 ($185.00 filing fee, $6.01 DoxPop fee, $19.43 courier)
Legal expenses $ 2 1 0.43
Overage $ ($3 14.94)
SUBTOTAL: $34,138.07
Attorney fee [see attorney affidavit] $ 1,150.00
SUBTOTAL.“ $ 1.150.00
TOTAL: $35,288.07
as evidenced by the Affidavits submitted the Plaintiff.
6. The Plaintiff is entitled to a Writ 0f Assistance so that it may repossess the subj ect
manufacture home, sell it, and apply the proceeds from such sale t0 the judgment issued in this
cause.
Accordingly, it is ORDERED, ADJUDGED, and DECREED that judgment is entered in
favor of the Plaintiff and against the Defendant as follows:
1. The Plaintiff is awarded damages as against Defendants KEVIN E. YOHE and
JAMES L. FOX, jointly and severally, in the amount $35,103.07, plus costs of $185.00.
2. The Plaintiff is entitled to immediate possession of the Manufactured Home,
which is described as follows:
2012 Champion approx. 76 X 16 With unique serial/VIN n0. 112000HRA701288A
(hereinafter, the “Manufactured Home”).
and Which is located at:
463 Brookside Manor, Goshen, IN 46526
3. The Defendants are ORDERED to remove themselves and their possessions
from the Manufactured Home and to peacefully surrender it, including the keys thereto, to the
Plaintiff’s agents or the County Sheriff, no later than fourteen (14) days from the date that this
judgment is executed by the Court.
4. The County Sheriff is ORDERED to provide all lawful assistance, including the
use of reasonable force if necessary, to remove any Defendant or anyone else from the
Manufactured Home and to place the Manufactured Home in possession of Plaintiff’s agents
should the Defendants fail to surrender possession as required by this Judgment. Any personal
property left in the Manufactured Home after the Plaintiff takes possession thereof shall be
considered abandoned, and the Plaintiff may dispose of it.
5. Upon taking possession of the Mobile Home, the Plaintiff shall be entitled to sell
it, with or without moving it, in a commercially reasonable manner, and to apply the proceeds
from said sale first to its costs, expenses and attorney’s fees and then to the interest and principal
owed.
6. The Sheriff shall serve this Judgment and Writ upon the Defendants as follows:
Kevin E. Yohe
463 Brookside Manor
Goshen, IN 46526
James L. Fox
463 Brookside Manor
Goshen, IN 46526
and shall make return to the Court.
SO ORDERED:
Date:_____________
January 12, 2021 _________________________________
JUDGE, Elkhart Superior CourtMY
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STATE 0F INDIANA ) IN THE ELKHART SUPERIOR COURT £88: COUNTY 0F ELKHART CAUSE N0. 20D05—201 1—PL—000223 21“ MORTGAGE CORPORATION, Plaintiff, V. vvvvvvvvvv KEVIN E. YOHE, and JAMES L. FOX, Defendants. JUDGMENT and WRIT OF ASSISTANCE COMES now the Court, and this case being submitted upon Plaintiff’s Motion For Default Judgment, and the Court, being duly advised in the premises, now finds as follows: 1. The Plaintiff filed its Complaint on November 11, 2020. Defendants KEVIN E. YOHE and JAMES L. FOX were both personally served, by copy service through the Sheriff 0n November 25, 2020. 2. Trial Rule 6(C) allows a Defendant 20 days from the date of personal service t0 respond t0 a complaint. That time has expired. 3. The Defendants have each failed to appear, answer, or otherwise respond to Plaintiff’s Complaint in Violation 0f Trial Rules 6(C) and 55(A). 4. As alleged in the Complaint the Plaintiff is entitled t0 repossess the subj ect Manufactured Home, with or Without moving it, t0 sell it in a commercially reasonable manner, t0 apply the proceeds from such sale first t0 its costs, expenses and attorney’s fees, and then t0 the principle balance and interest due under the Note that is attached t0 the Complaint ad Exhibit 1. 5. The Plaintiff is entitled t0 damages against Defendants KEVIN E. YOHE and JAMES L. FOX, jointly and severally in the sum 0f $35,103.37, plus costs 0f $185.00 as follows: Principal $30,86 1 .91 Interest $ 2,826. 1 8 Late charges $ 293.25 Escrow Shortfall $ 261.24 ($185.00 filing fee, $6.01 DoxPop fee, $19.43 courier) Legal expenses $ 2 1 0.43 Overage $ ($3 14.94) SUBTOTAL: $34,138.07 Attorney fee [see attorney affidavit] $ 1,150.00 SUBTOTAL.“ $ 1.150.00 TOTAL: $35,288.07 as evidenced by the Affidavits submitted the Plaintiff. 6. The Plaintiff is entitled to a Writ 0f Assistance so that it may repossess the subj ect manufacture home, sell it, and apply the proceeds from such sale t0 the judgment issued in this cause. Accordingly, it is ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of the Plaintiff and against the Defendant as follows: 1. The Plaintiff is awarded damages as against Defendants KEVIN E. YOHE and JAMES L. FOX, jointly and severally, in the amount $35,103.07, plus costs of $185.00. 2. The Plaintiff is entitled to immediate possession of the Manufactured Home, which is described as follows: 2012 Champion approx. 76 X 16 With unique serial/VIN n0. 112000HRA701288A (hereinafter, the “Manufactured Home”). and Which is located at: 463 Brookside Manor, Goshen, IN 46526 3. The Defendants are ORDERED to remove themselves and their possessions from the Manufactured Home and to peacefully surrender it, including the keys thereto, to the Plaintiff’s agents or the County Sheriff, no later than fourteen (14) days from the date that this judgment is executed by the Court. 4. The County Sheriff is ORDERED to provide all lawful assistance, including the use of reasonable force if necessary, to remove any Defendant or anyone else from the Manufactured Home and to place the Manufactured Home in possession of Plaintiff’s agents should the Defendants fail to surrender possession as required by this Judgment. Any personal property left in the Manufactured Home after the Plaintiff takes possession thereof shall be considered abandoned, and the Plaintiff may dispose of it. 5. Upon taking possession of the Mobile Home, the Plaintiff shall be entitled to sell it, with or without moving it, in a commercially reasonable manner, and to apply the proceeds from said sale first to its costs, expenses and attorney’s fees and then to the interest and principal owed. 6. The Sheriff shall serve this Judgment and Writ upon the Defendants as follows: Kevin E. Yohe 463 Brookside Manor Goshen, IN 46526 James L. Fox 463 Brookside Manor Goshen, IN 46526 and shall make return to the Court. SO ORDERED: Date:_____________ January 12, 2021 _________________________________ JUDGE, Elkhart Superior CourtMY