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HomeMy WebLinkAbout03-4070HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally Pa. ID No. 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Tclecopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 De~ndants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW COMPLAINT IN REPLEVIN DOCKET No. ~ - /'~t)'/O NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Legal Referral Service Court Administrator Cumberland County Courthouse 4th floor Carlisle, PA 17013 Telephone: (570) 240-6200 AVISO Le han demandado a usted en la torte. Si usted quiere defedarse de estas demandas expuestas en las paginas sigulentes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia ascrita o en persona o con un abogado y entregar a la corte en forma asorica sus defenses o sue objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y pueda continuar la demanda en contra suya sin previo aviso o notificacion. Adcmas, la corte pueda decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinaro o sus propiedades u ostros derechos importantes para usted. CUMBERLAND COUNTY BAR ASSOCIATION Legal Referral Service Court Administrator Cumberland County Courthouse 4th floor Carlisle, PA 17013 Telephone: (570) 240-6200 Dated: August 14, 2003 HARVEY, PENNiNGTON, CABOT, GRI~FI,T~ & PyFcNNEISEN, LTD. St ire Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally, Esq. Pa. ID No. 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN REPLEVIN DOCKET No. (.~.J _ ~-/o 7 o COMPLAINT-CIVIL ACTION Plaintiff, Chase Manhattan Bank USA N.A. , by and through its attorneys, Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., brings this action by way of Complaint and in support thereof, avers as follows: 1. Plaintiff is Chase Manhattan Bank USA N.A., (hereinafter "Plaintiff') a corporation authorized to do business in the Commonwealth of Pennsylvania, with a place of business located at c/o Fidelity National Default Solutions, 1270 Northland Drive Suite 200, Mendota Heights MN, 55120. 2. Defendant, Joseph G. Mitchell (hereinafter "Defendant") is an adult individual with his principal address located at 146 Tower Circle, Carlisle, PA, 17013. 3. On July 31, 1995, Defendant purchased a 1989 Champion Atlantic 28 x 44, Mobile Home, Serial Number 079166C1267 (the "Mobile Home"), and borrowed the sum of $36,436.74 from Chemical Bank,NA n/k/a Chase Manhattan Bank USA NA ("the Loan"), to finance the purchase of the Mobile Home. 4. On July 31, 1995, Defendant executed and delivered to Chemical Bank,NA n/k/a Chase Manhattan Bank USA NA, an Installment Sales Contract (the "Contract") evidencing the aforesaid purchase and Loan. A true and correct copy of the Contract is attached hereto as Exhibit "A". 5. In order to secure the amount borrowed, Defendants granted a security interest in the Mobile Home and Lender duly perfected that security interest by causing its lien to be recorded on the Certificate of Title to the Mobile Home. A true and correct copy of the Certificate of Title is attached hereto, made a part hereof and marked Exhibit "B". COUNT II-REPLEVIN 6. Plaintiff incorporates the averments of paragraphs 1 through 5, hereof, as if fully set forth at length. 7. In accordance with the terms of the Loan, and the provisions of the Uniform Commercial Code as enacted in Pennsylvania, Plaintiff is entitled to immediate possession of the Mobile Home and hereby demands same. 8. Despite demand for possession by Plaintiff, Defendant has remained in possession of the Mobile Home to the exclusion of Plaintiff. 9. Plaintiff believes that unless it is granted immediate possession of the Mobile Home, the value will continue to decline and Defendant may do damage to it, sell it, conceal it or remove it from this County, all of which will deprive Plaintiff of a full recovery of the amount owed and cause Plaintiff immediate and irreparable harm. 10. The Value of the Mobile Home is estimated to be not more than the Total Debt. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in replevin for possession of the Mobile Home or its equivalent resale value as of the time of default, plus reasonable attorneys' fees, costs of suit and such other and further relief as this Court deems appropriate. Dated: August 14, 2003 By: HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. FAIR DEBT COLLECTION PRACTICES ACT-VALIDATION NOTICE 1. If you feel that the above mount is not the true mount of your debt, or if you feel that you do not owe the debt or that amount, you should contact Stephen McNally, Esq. 2. If you notify Stephen McNally, Esq. in writing within 30 days after you receive this notice that you dispute the validity of the debt (or any part of it), we will obtain any necessary additional verification of the debt, or a copy of any judgment that has been entered against you, and we will mail you a copy of such verification or a copy of any judgment. 3. Upon your written request within this 30 day period, we will gladly furnish you with the name and address of the original creditor, if it is different from the one shown above. 4. Notice is hereby given that unless you do dispute the validity of the above debt (or any part of it) within 30 days after you receive this notice, we will assume that the debt is your just and honest debt. YOU ARE HEREBY ADVISED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THAT THIS FIRM MAY BE DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTA/NED WILL BE USED FOR THAT PURPOSE. VERIFICATION I, Carmen E. Watts, am the Assistant Vice President of Chase Manhattan Mortgage Corporation and, as such, am authorized to make this verification on its behalf. I verify that the averments contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.~490~ating to unswom falsification to authorities. Nam~e.'~a~.{ Dated: 6~/~//dj .~ Title: Assistant~ ,President EXHIBIT A EXHIBIT B ATLINTZC CHEHZ~AL ~ANK N A ! PO BOX SHERIFF'S RETURN - CASE NO: 2003-04070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK USA VS MITCHELL JOSEPH G REGULAR GER3tLD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - REPLEVIN MITCHELL JOSEPH G DEFENDANT , at 1540:00 HOURS, at 146 TOWER CIRCLE CARLISLE, PA 17013 JOSEPH MITCHELL a true and attested copy of COMPLAINT NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 20th day of August by handing to - REPLEVIN the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ f ~ day of ~ 3~ A.D. honotary ' So Answers: R. Thomas Kline 08/21/2003 HARVEY PENNINGTON CABOT uepuuy Sheriff HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally, Esq. Pa. ID No 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 Defend,rots COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION- LAW REPLEV1N DOCKET No. 03-4070 PRAECIPE PURSUANT TO PA.R.CIV.P. RULE 1037(b) TO ENTER JUDGMENT BY DEFAULT AND FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please enter a Judgment, by Default, in favor of the Plaintiff, Chase Manhattan Bank USA N.A. and against the Defendant, Joseph G. Mitchell pursuant to Pa.R.Civ. P. Rule 1037(b), for their failure to file an answer or other response to the Complaint which has been filed against and served upon them in connection with the above-captioned matter, based upon the attached Certification of Counsel on the Count for possession of the 1989 Champion Atlantic 28 x 44, Mobile Home, Vehicle Identification Number 079166C1267. Dated: October 8, 2003 Respectfully submitted, HARVEY, PENNINGTON, CABOT, GRIFF/~T~I & I~}~N~F~ISEN, LTV. By: ~ Y:~en M~e~/~squire, Eleven Penn Center~ 29~ Floor 1835 M~ket Street Philadelphia, PA 19103 Telephone Nmber (215) 563-4470 Attorneys for Plaintiff: Chase Manhattan Ba~ USA N.A. HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally, Esq. Pa. ID No. 59576 Elcvan Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY : CIVIL ACTION- LAW REPLEViN DOCKET No. 03-4070 Defendants CERTIFICATION OF COUNSEL PURSUANT TO PA.R. CIV. P. RULE 237.1 IN SUPPORT OF PRAECIPE PURSUANT TO PA.R. CIV. P. RULE 1037(b) TO ENTER JUDGMENT BY DEFAULT AND FOR ASSESSMENT OF DAMAGES NOW COMES the undersigned counsel of record for Chase Manhattan Bank USA N.A. and pursuant to Pa.R.Civ. P. Rule 237.1 files the following Certification in Support of its Praecipe to Enter Judgment by Default: 1. On August 19, 2003, Plaintiff commenced the above-captioned action by filing a Complaint against the Defendant, which was duly endorsed with a Notice to Defend (the "Complaint"). 2. On August 20, 2003, the Complaint was served upon the Defendant by personal service, effected by the Sheriff of Cumberland County, as appears from its Affidavit of Service, true and correct copies of which are attached hereto as Exhibit "A", and the originals of which are being filed with the Court concurrently herewith. 3. On September 23, 2003, after the Defendants failed to file an answer or any response to the Complaint, I served the Defendans, in accordance with Rule 237.1(a)(2)(ii), a Rule 237.5 Notice of Intent to File Praecipe to Enter Judgment by Default, by certificate of mailing via regular mail and a true and correct copy of which is attached hereto as Exhibit 4. As of this date, Defendant still has not filed any answer or other response to the Complaint. 5. I make this Certification on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. Section 4901 et seq., and false swearing before notaries public pursuant to 18 Pa.C.S.A. Section 4903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. Section 4904, as applicable. I am aware that if any of the statements made herein are wilfully false, that I am subject to such penalties. Dated: October 8, 2003 HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN~ LTD. By: ~y, Esquire, Eleven Penn Cent~, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone Number (215) 563-4470 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. EXHIBIT A CASE NO: 2003-04(]70 P COMSTONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK USA VS MITCHELL JOSEPH G GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon MITCHELL JOSEPH the DEFENDANT , at 1540:00 HOURS, on the 20th day of August at 146 TOWER' CIRCLE , 2003 CARLISLE, PA 17013 by handing to JOSEPH MITCHELL a true and attested copy of COMPLAINT ~ REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 So Answers: R. Thomas Kline 08/21/2003 HARVEY PENNINGTON CABOT Sworn and SubsCribed to before By:~ ~ ~ , me this day of Deputy Sh~ff A.D. Prothonotary EXHIBIT B HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNa]ly Pa, ID Nos. 59576 1835 Market Street - 29t~ Floor Philadelphia, PA 19103 Telephone: (215) 563-4470 T¢Iccopier: (2 ! 5) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff' JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION COMPLAINT IN REPLEVIN DOCKET No. 03-4070 To: Joseph G. Mitchell, 146 Tower Circle, Carlisle, PA 17013 Date of Notice: September 23, 2003 NOTICE PURSUANT TO RULE 237.1 IMPORTANT NOTICE (of Iment to File Praecipe to Enter Judgment in Replevin) 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 W/THIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE 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 WHERE YOU CAN GET LEGAL HELP: jss 31285.1 CUMBERLAND COUNTY BAR ASSOCIATION Legal Referral Service Court Administrator Cumberland County Courthouse 4t~ Floor Carlisle, PA 17013 Telephone: (570) 240-6200 Dated: September 23, 2003 HARVEY, PENNINGTON, CABOT, GR/FFITH & RENNEISEN, LTD. BY-"~quire AttomeysT6Y Plaintiff, Chase Manhattan Bank USA N.A. u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAy J~E USED FOR DOMESTIC AND NTERNAT~ONAL MAIL DOES NOT PROVIDE FOR INSURANCE_POSTMASTFR R,~v~ ~ HARVEY, PENNINGTON, CABOT, GRIFFITH AND RENNEISEN, p.c. CHERRY TREE CORPORATE CENTER -- SUITE 360 - 535 ROUTE 38 EAST -. _ CHERRY HILL, NJ 08002 jss 31285.1 HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally, Esq~ Pa. ID No. 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION- LAW REPLEVIN DOCKET No. 03-4070 CERTIFICATE OF SERVICE OF PRAECIPE PURSUANT TO PA.R. CIV. P. RULE 1037(b) TO ENTER JUDGMENT DEFAULT AND FOR ASSESSMENT OF DAMAGES The undersigned hereby certifies that on the 9th day of October, 2003 a true and correct copy of the foregoing Praecipe Pursuant to Pa.R. Civ. P. Rule 1037(b) to Enter Judgment by Default and for Assessment of Damages, and all supporting papers, was served upon the Defendant by United States Regular First Class Mail, postage prepaid, addressed as follows: October 8, 2003 Joseph G. Mitchell 146 Tower Circle Carlisle, PA 17013 By: ~en~/Esquire, Eleven Penn/Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone Number (215) 563-4470 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally, Esq. Pa. ID No. 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopicr: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. : 1270 Northland Drive Suite 200 : Mendota Heights, MN 55120 : Plaintiff? JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUIvlBERLAND COUNTY CIVIL ACTION- LAW REPLEVIN DOCKET No. 03-4070 AFFIDAVIT OF LAST KNOWN ADDRESSES STATE OF NEW JERSEY COUNTY OF CAMDEN :SS. BEFORE ME, the undersigned authority, a Notary Public, personally appeared Stephen McNally, Esquire, whose identity was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: 1. I, Stephen McNally, Esquire, am over eighteen (18) years of age, and am currently an attorney in good standing duly admitted to practice law in the Commonwealth of Pennsylvania, and am a partner of the law firm of Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., and in that capacity, have been retained to represent the Plaintiff in the above-captioned action, Chase Manhattan Bank USA N.A. , and as such am duly authorized to make this Affidavit on its behalf. 2. As such Attorney, I have responsibility for handling the files and litigation concerning the loan documents and collateral involved in this matter, and am fully familiar with the facts therein described. 3. I hereby certify that the last known address of the Plaintiff is Chase Manhattan Bank USA N.A., 1270 Northland DriveSuite 200 Mendota Heights, MN 55120, and the last known addresses of the defendant is 146 Tower Circle, Carlisle, PA 17013. 4. I make this Affidavit on behalf of Chase Manhattan Bank USA N.A. , on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. §4901 et seq., and false swearing before notaries public pursuant to 18 Pa.C.S.A. §4903, and/or unswom verification to authorities pursuant to 18 Pa.C.S.A. §4904, as applicable, and am aware that if any of the statemems I have made herein are willfully false, that I am subject to such penalties. CHASE MANHATTAN BANK USA N.A. Dated: October 8, 2003 SWORN TO and SUBSCRIBED before me, this October 8, 2003 My Commission Ends: / By: HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. BY~~~Squire BARBARA J. HOENIG NOTARY PUBLIC OF NEW JERSEY My Commission Expires Oct. 29, 2005 HARVEY, PENNINGTON, CABOT, GRIFFITIt & RENNEISEN, LTD. Stephen McNally, Esq. Pa. ID No. 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-44'70 Telecopier: (215) 568-11344 Attorneys for Ptaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. : 1270 Northland Drive Suite 200 : Mendota Heights, MN 55120 : Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION- LAW REPLEVIN DOCKET No. 03-4070 Defendants AFFIDAVIT OF NON MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN :SS. BEFORE ME, the undersigned authority, a Notary Public, personally appeared Stephen McNally, Esquire, whose identity was known to me or established to my satisfaction, and who, after having been duly sworn according to law, deposes and says as follows: 1. I, Stephen McNally, Esquire, am over eighteen (18) years of age, and am currently an attorney in good standing duly admitted to practice law in the Commonwealth of Pennsylvania, and am a partner of the law firm of Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd., and in that capacity, have been retained to represent the Plaintiff in the above-captioned action, Chase Manhattan Bank USA N.A., and as such am duly authorized to make this Affidavit on its behalf. 2. As such Attorney, I have responsibility for handling the files and litigation concerning the loan documents and collateral involved in this matter, and am fully familiar with the facts therein described. 3. I have been advised and therefore believe and aver that the Defendant, Joseph G. Mitchell and , is not presently in active duty in the military or naval service of the United States of America, is not active members of the Army of the United States, the Marine Corps. or the Coast Guard, and is not an officer of the Public Health Service detained by proper authority for duty with the Army or Navy; nor have they engaged in any active military service or active military duty with any military or naval units covered by the Soldiers and Sailors Civil Relief Act of 1940 (the "Act") and designated therein as military service; nor has he, to the best of affiant's knowledge, enlisted in any military service covered by this Act. 4. I make this Affidavit on behalf of Chase Manhattan Bank USA N.A. on the basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A. §4901 et seq., and false swearing before notaries public pursuant to 18 Pa.C.S.A. §4903, and/or unsworn verification to authorities pursuant to 18 Pa.C.S.A. §4904, as applicable, and am aware that if any of the statements I have made herein are willfully false, that I am subject to such penalties. CHASE MANHATTAN BANK USA N.A. Dated: October 8, 2003 SWORN TO and SUBSCRIBED before me, this October 8, 2003 By:HARVEY, PENNINGTON, CABOT, GRIFFIT NNEISEN, LTD. BY~~Esquire y ommission nds: ~ BARBARA j. HOENIO NOTARy PUBLIC OF NEW JERSEY My Commissio~ Expires Oct. 29, 2005 HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally, Esq. Pa. ID No 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff' JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 Defendants PRAECIPE FOR COURT OF COMMON PLEAS CUMBERLAND COUNTY : CIVIL ACTION- LAW REPLEVIN : DOCKET No. 03-4070 WRIT OF POSSESSION To the Prothonotary: Issue Writ of Possession in the above matter. Dated: October 8, 2003 By: HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. HARVEY, PENNINGTON, CABOT, GRIFF1TH & RENNEISEN, LTl). Stephen McNally, Esq. Pa. ID No 59576 Eleven Penn Cemer, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Teleeopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION- LAW REPLEVIN DOCKET No. 03-4070 Defendants : : PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBERLAND : To the Sheriff' of CUMBERLAND COUNTY: (1) To satisfy the judgment in replevin in the above matter you are directed to deliver possession of the following described property to CHASE MANHATTAN BANK USA N.A. : The personal property identified as 1989 Champion Atlantic 28 x 44 Mobile Home, Vehicle Identification Number 079166C1267, located at 146 Tower Circle, Carlisle, PA, 17013. (2) To satisfy the costs against JOSEPH G. MITCHELL you are directed to levy upon any property of JOSEPH G. MITCHELL and sell his interest therein. SEAL OF THE COURT PROTHONOTARY BY: DEPUTY DATE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHASE MANHATTAN BANK USA N.A. V. JOSEPH G. MITCHELL WRIT OF POSSESSION Real Debt $ Interest from Costs Paid: Prothonotary: $ Sheriff: $ Statutory: $ Costs Due Prothonotary: $ Attorneys for Plaintiff'Stephen McNally, Esquire Harvey, Pennington, Cabot, Griffith & Renneisen, Ltd. 1835 Market Street, 29th Floor Philadelphia, PA 19103 Telephone: (215) 563-4470 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) C~ASE MAB~AIWAN BANK USA N.A. 1270 Northland Drive, Suite 200 Mendota Heights, b~q 55120 vs, JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4070 Civil Term Term Costs Att'y. $ 110.95 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of C~nberland 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: Chase Manhattan Bank USA N.A. Plaintiff (s) being: (Premises as follows): 1989 Chawpion Atlantic 28 X 44 Mobile Hcrae Vehicle Identification Number 079166C1267 146 Tower Circle Carlisle, PA 17013 (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 October 15, 2003 (SEAL) D,~rtis R. Proflaonomry, Common Pleas Court of Cumberland CounW, Pennsylvatda Deputy ~ Z By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and WRIT OF EXECUTION , to RETURNED STAYED THIS DATE AS PER ATTY MCNALL~._ 10/22/03 SHERIFF'S COSTS: DOCKETING 18.00 POUNDAGE .85 Prothonotary 1.00 SERVICE 3.45 SURCHARGE 20.00 43.30 ADVANCE COSTS: 100.00 SHERIFF'S COSTS:43.30 56.70 REFUNDED TO ATTY ON 10/22/03 Sworn and subscribed to before me this day of ~ ~ / Prothonotary HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally, Esq. Pa. ID No 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA I9103 Telephone: (215) 563-4470 Telccopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION- LAW REPLEVIN DOCKET No. 03-4070 PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Issue Writ of Possession in the above matter. Dated: July 20, 2004 By: By: HARVEY, PENNINGTON, CABOT, TH & RENNEISEN, LTD. ~_~ ~tep/h McNally, Esquire HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. Stephen McNally, Esq. Pa. ID No 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Telecopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA N.A. CHASE MANHATTAN BANK USA N.A. 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff JOSEPH G. MITCHELL 146 Tower Circle Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBER]LAND COUNTY CIVIL ACTION- LAW REPLEVIN DOCKET ]No. 03-4070 pRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBERLAND : To the Sheriff of CUMBERLAND COUNTY: (1) To satisfy the judgment in replevin in the above matter you are directed to deliver possession of the following described property to CHASE MANHATTAN BANK USA N.A. : The personal property identified as 1989 Champion A. tlantic 28 x 44 Mobile Home, Vehicle Identification Number 079166C1267, located at 146 Tower Circle, Carlisle, PA, 17013. (2) To satisfy the costs against JOSEPH G. MITCHELL you are directed to levy upon any property of JOSEPH G. MITCHELL and sell his interest therein. SEAL OF THE COURT PROTHONOTARY BY: DEPUTY DATE: WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) CHASE MANHATTAN BANK USA N.A. VS. JOSEPH G. MITCHELL No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4070 CIVIL Term Term Costs Att'y. $ 169.25 Pl'ff (s) $ ~ Prothy. $ 1,00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of County, Pennsylvania (l) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: CHASE MANHATTAN BANK USA N.A. Plaintiff (s) being: (Premises as follows): 1989 CHAMPION ATLANTIC 28 X 44 MOBILE HOME VEHICLE IDENTIFICATION NLIqBER 079166C1267 146 TOWER CIRCLE CARLISLE, PA 17013 (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. Prothonotmy, Comlnoh Pleas ~urt of Cumberland County, Pennsylvania Date 3ULY 27, 2004 BY: (SEAL) Deputy By'virtue of this writ, on the 1 caused the within named da) of _ ........... have passession of the premises described with the appurtenances, and _jqrit of ED~session _Returned S~t_a~ed as pe~_r At_t_o~rB~eg_ 8Z~10~04 .... Sheriff's Return ~keting-- Poundage Proth Milage Surcharge Advance Costs: 100.00 .86 1.00 Refunded to arty on 8/10/0 Sworn and subscribedlt~before me this; of"(~,~!~~a~': _ '%2~/~_ day o B y!~.~ ,(Lit