HomeMy WebLinkAbout03-6035HARVEY, 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
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
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION- LAW
COMPLAINT IN REPLEVIN
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 corte. 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.
Ademas, 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:
,2003
HARVEY, PENNINGTON, CABOT,
GRIFFITH & RENNEISEN, LTD.
2; q
By:
Ste uire
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
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN REPLEVIN
DOCKET No. C>3 --/.O..t~
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 1270 Northland Drive Suite 200, Mendota Heights MN, 55120.
2. Defendants, Timothy M. Allison and Rose M. Allison, husband and wife
(hereinafter "Defendants") are adult individuals with their principal address located at 11
Maizefield Drive Shippenburg, PA, 17257.
3. On December 18, 2000, Defendants purchased a 2000 Fleetwood Suncrest,
Mobile Home, Vehicle Identification Number PAFLY22AB477285C1 (the "Mobile Home"),
and borrowed the stun of $38,615.00 from Bonnie Heights Home, Inc. ("the Seller"), to
finance the purchase of the Mobile Home.
4. On December 18, 2000, Defendant executed and delivered to Seller, 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 Seller (or his assignee) 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".
6. By written assignment Seller assigned all right, title and interest in and to
said Contract and Loan to Chase Manhattan Bank USA N.A. , Plaintiff, herein with all right,
title and interest in an to the Loan, including the right to commence legal action to recover
the balance due and possession of the Mobile Home. A true and correct copy of the
Assignment is attached hereto as Exhibit "C".
COUNT I-BREACH OF CONTRACT
7. Plaintiff incorporates the averments of paragraphs 1 through 6, hereof, as if
fully set forth at length.
8. The Loan provided for repayment of the sum borrowed (called "Principal")
with interest at the rate of 13.50% per annum or $14.32 per diem, in consecutive, monthly
installments of $450.11 commencing on January 20, 2001 until the entire amount of Principal
together with accrued interest were paid in full.
9. Defendants breached the terms and conditions of the Loan and became in
default thereof by reason of their failure to make the monthly payment that was due on June
20, 2003 and all subsequent payments due thereafter.
10. Because of the Defendants' default of the repayment terms in the Loan,
Plaintiff has chosen to accelerate all outstanding sums owed under the terms of the Loan in
accordance with the terms therein.
11. Defendants owe Plaintiff the following amounts and demand is hereby made
for payment of same:
(a) Principal $38,201.83
(b) Interest to November7, 2003 $ 2,004.80
(c) Attorneys' Fees $ 900.00
(d) Court Costs (filing & service) $ 150.50
Total
$41,257.13
12. Notice pursuant to the provisions of 69 Pa. C.S.A. Section 623(G)(1) was
provided to the Defendant at least thirty (30) days prior to the commencement of this action.
A true and correct copy of the Notice of Intent to Take Action is attached hereto, made a part
hereof and marked Exhibit "D".
13. Despite demand for payment, Defendants have failed to make payment of
the amount due or any portion thereof.
WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants in
the amount of $41,257.13, plus continually accruing interest from and after November 7, 2003
at $14.32 per day or 13.50% per annum, additional attorneys fees, costs of suit and such other
and further relief as this Court deems appropriate.
COUNT II-REPLEVIN
14. Plaintiff incorporates the averments of paragraphs 1 through 13, hereof, as if
fully set forth at length.
15. 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.
16. Despite demand for possession by Plaintiff, Defendant has remained in
possession of the Mobile Home to the exclusion of Plaintiff.
17. 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.
18. 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:
By:
HARVEY, PENNINGTON, CABOT,
GRIFFITH & RENNEISEN, LTD.
St~N~N~, Esquire
Attorney for Plaintiff
VERIFICATION
I, CARMEN E. WATTS
CHASE MANHATTAN MORTGAGE CORPORATION
, am the ASSISTANT VICE PRESIDENT
and, as such, am authorized to make this
of
verification on its behalf. I verify that the averments contained in the foregoing Complaint are tree
and correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. § 4904 relating to unswom falsification to authorities.
Title: ASSISTAN5
VICE PRESIDENT
FAIR DEBT COLLECTION PRACTICES ACT-VALIDATION NOTICE
1. If you feel that the above amount is not the true amount 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
OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT A
r"t Wod~
NOTICE: ANY HOLDER OF THiS (~ON~)MER
CREDIT CONTRACT ;8 SUBJECT TO AU. CLAIMS
AND DEFENSE~ WHICH THE DEBTOR COULD
A~IERT AGAJN~T THE
SERVICe10BTAJNED PUR~/ANT HERETO OR
WITH THE PROCEEDS HEREOF, RECOVERY
HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PA~ BY THE DEBTOR HEREUNDER.
NOllCE TO BUYER
Do not .lgn ~ C~nt~t in blink.
You Me
~ .~..
ACKNOWLEDGE RECEIPT OF A COPY OF
A~BITRATION ADDENDUM
th~ purclmse A judgement upon ~ ~,.vard ~ by the ~'oitr~ef may be e~tered in any Cou~
hav~ng jufisdictson thereof
Wi~ut ~ the ~es~ty of the fomgoin& ~t ts ~ ~ of the Buyer, the ~eller and
~ts ~nee to resolve by birdinB ~.,'om~on any and all d~sl~tes between them concen~nB the
pumh~e ~ and/or th~ Loan
of any lany to t~ ~,r, ent-
To seek judiml equitaMe retie, for otl~r relief o~herv~e available to it und~ a~plicable
statntov~ and/or c~ law m~[o~n~ ~ot not lm~te~ to ~n~nctiw r~k'~ avtachmer~ or the
subn~t any disp~e Io a."l~tal~on, includm~ disp~es th~ may ~,'t~ ~om e~v. erc~s~ o f suc~ rights and
Tll~ IS & B~IDING ARBITRATION ~GRF.~M~. YOU S~OULD NOT SIGN THI~
DOCUM~T WI'IBOUT i~.ADING IT COMPLETELY. BY SIGNING, YOU
ACK~OWLF. D~K 'I~AT YOU ~AVE READ AND AG~.D '~O 1TS TE~S ~
CONDITIONS,
EXHIBIT B
IFICAT~ OF TITLE:"FOR
MAZZEF'ZELO DR ' '
PE~IS BURG PA
CHASE NANHATTAN RANK
CHASE HANHATTAN RANK
USA
CLEVELAND DH q~O~
,
.ALL~N n B~HL~ER
WARNING - FEDERAL AND STATE LAWS REQUIRE THAT YOU STATE THE MILEAGE
(ODOMETER READING) IN CONNECTION WITH THE I~RANSFER OF OWNERSHtP.
FAILURE TO COMPLETE OR PROVIDING A FALSE STATEMENT MAY RESULT IN
FINES AND/OR IMPRISONMENT ~
IMPORTANT NOTICE
Pl.~ I~ a~lMd that In lieu of n~'aflon ~1 this ~n, wHfl~tlml of m pe~on'=
signet, re by ~1 I~su~ng agent who I~ limned, a vehicle dMler by ~ Pennsylvania
EXHIBIT C
CHASE
TIMOTHY M ALLISON
11 MAIZEFIELD DH
SHIPPBNBUHG , PA 17257-0000
APRIL 20 2002
NOTICE OF DEFAULT AND HIGHT TO CURE DEFAULT
Name, Address, and Telephone of Creditor: Chase c/o Chase Manhattan
Mortgage Corp., 250 West Huron, Cleveland, Ohio 44113. 216-479-2500.
Account Number: 00001101960787
Brief identification of credit transaction:
secured by a manufactured home.
Hetail Contract or note
You are now in default on this credit transaction. You have a right
to correct this default within thirty(30) days of the postmarked date
of this notice. If you correct the default, you may continue with the
contract as though you did not default. Your default consists of:
Failure to make payments as agreed.
Cure of default: Within thirty (30) days of the postmarked date of
this notice, you may cure the default by paying: The past due amount
of $ 900.22 which includes $ 0.00 in late fees.
Creditor's rights: If you do not correct your default in the time
allowed, we may exercise our rights against you under the law which
include: Repossessing or foreclosing on the collateral, including
all furniture, appliances, and equipment (and real estate, if any) in
which we have a security interest, taking a judgment against you,
accelerating your loan, filing suit, and any other remedies available
to us under applicable laws.
If you have any questions, write Chase Manhattan Mortgage Corporation
at the above address or call 800-243-8979 between the hours
of 8:00 AM and 9:00 PM Monday through Thursday, 8:00 AM through
5~00 PM Friday, or 8100 AM to l:00 PM Saturday.
If this default was caused by your failure to make a payment, or
payments, and you want to pay by mail, please send a check or money
order. Do NOT send cash.
Chase Manhattan Mortgage Corporation
TRACY AMES
This is an attempt to collect a debt. Any information obtained
will be used for that purpose.
500
EXHIBIT D
CHASE
ROSE M ALLISON
0 11 MAI ZEFIELD DR
SHIPPENS , PA
17257-0000
APRIL 20 2002
NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT
Name, AddreSs, and Telephone of Creditor= Chase c/o Chase Manhattan
Mortgage Corp., 250 West Huron, Cleveland, Ohio 44113. 216-479-2500.
Account Number: 00001101960787
Brief identification of credit transaction=
secured by a manufactured home.
Retail Contract or note
You are now in default on this credit transaction. You have a right
to correct this default within thirty(30) days of the postmarked date
of this notice. If you correct the default, you may continue with the
contract as though you did not default. Your default consists of:
Failure to make payments as agreed.
Cure of default: Within thirty (30) days of the postmarked date of
this notice, you may cure the default by paying= The past due amount
of $ 900.22 which includes ~ 0.00 in late fees.
Creditor's rights= If you do not correct your default in the time
allowed, we may exercise our rights against you under the law which
include= Repossessing or foreclosing on the collateral, including
all furniture, appliances, and equipment (and real estate, if any) in
which we have a security interest, taking a judgment against you,
accelerating your loan, filing suit, and any other remedies available
to us under applicable laws.
If you have any questions, write Chase Manhattan Mortgage Corporation
at the above address or call 800-243-8979 between the hours
of 8=00 AM and 9=00 PM Monday through Thursday, 8=00 AM through
5:00 PM Frlday, or 8100 AM to 1=00 PM Saturday.
If this default was caused by your failure to make a payment, or
payments, and you want to pay by mail, please send a check or money
order. Do NOT send cash.
Chase Manhattan Mortgage Corporation
TRAC¥ AMES
This is an attempt to collect a debt. Any information obtained
will be used for that purpose.
501
CHASE
TIMOTHY M ALLISON
11 MAIZEFIELD DR
SHIPPENBURG , PA 17257-0000
MAY 10 2003
NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT
Name, Address, and Telephone of Creditor: Chase c/o Chase Manhattan
Mortgage Corp., 250 West Huron, Cleveland, Ohio ¢4113. 216-479-2500.
Account Number: 00001101960787
Brief identification of credit transaction:
secured by a manufactured home.
Retail Contract or note
You are now in default on this credit transaction. You have a right
to correct this default within thirty(30) days of the postmarked date
of this notice. If you correct the default, you may continue with the
contract as though you did not default. Your default consists of:
Failure to make payments as agreed.
Cure of default: Within thirty (30) days of the postmarked date of
this notice, you may cure the default by paying: The past due amount
of $ 900.22 which includes $ 0.00 in late fees.
Creditor's rights: If you do not correct your default in the time
allowed, we may exercise our rights against you under the law which
include~ Repossessing or foreclosing on the collateral, in~ludlnq
all furniture, appliances, and equipment (and real estate, if any) in
which we have a security interest, taking a judgment against you,
accelerating your loan, filing suit, and any other remedies available
to us under applicable laws.
If you have any questions, write Chase Manhattan Mortgage Corporation
at the above address or call 800-243-8979 between the hours
of 8:00 AM and 9:00 PM Monday through Thursday, 8:00 AM through
5:00 PM Friday, or 8:00 AM to 1:00 PM Saturday.
If this default was caused by your failure to make a payment, or
payments, and you want to pay by mail, please send a check or money
order. Do NOT send cash.
Chase Manhattan Mortgage Corporation
SNAHADA RANEEM
This is an attempt to collect a debt.
will be used for that purpose.
5O0
Any information obtained
CHASE
ROSE M ALLISON
0 11 MAIZEFIELD DR
SHIFPENB , PA
17257-0000
MAY 10 2003
NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT
Name, Address, and Telephone of Creditor: Chase c/o Chase Manhattan
Mortgage Corp., 250 West Huron, Cleveland, Ohio 44113. 216-479-2500.
Account Number: 00001101960787
Brief identification of credit transaction:
secured by a manufactured home.
Retail Contract or note
You are now in default on this credit transaction. You have a right
to correct this default within thirty(30) days of the postmarked date
of this notice. If you correct the default, you may continue with the
contract as though you did not default.. Your default consists
Failure to make payments as agreed.
Cure of default: Within thirty (30) days of the postmarked date of
this notice, you may cure the default by paying: The past due amount
of $ 900.22 which includes $ 0.00 in late fees.
Creditor's rights: If you do not correct your default in the time
allowed, we may exercise our rights against you under the law which
include: Repossessing or foreclosing on the collateral, including
all furniture, appliances, and equipment (and real estate, zf any) in
which we have a security interest, taking a judgment against you,
accelerating your loan, filing suit, and any other remedies available
to us under applicable laws.
If you have any questions, write Chase Manhattan Mortgage Corporation
at the above address or call 800-243-8979 between the hours
of 8~00 AN and 9~00 PM Monday through Thursday, 8~00 AN through
5:00 PM Friday, or 8:00 AN to 1:00 PM Saturday.
If this default was caused by your failure to make a payment, or
payments, and you want to pay by mail, please send a check or money
order. Do NOT send cash.
Chase Manhattan Mortgage Corporation
SNAHADA RAHEEM
This is an attempt to collect a debt.
will be used for that purpose.
501
Any information obtained
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.
Chase Manhattan Bank USA N.A.
250 W. Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- EQUITY
DOC T No.O -- C S
PRAECIPE TO REINSTATE COMPLAINT IN CIVIL ACTION
To the Prothonotary:
Kindly reinstate the Complaint in the above-captioned matter which was filed on
November 18, 2003.
Date://~/O~ ,2004
HARVEY, PENNINGTON, CABOT,
GRIFFITH & RENNEISEN, LTD.
By:
S t epk'd~/Vic'l~a~,>E~uir e
Pa. ID No. 595~
Attorneys for Pl~ntiff,
Chase M~a~ B~ USA N.A.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2003-06035 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE MANHATTAN BANK USA NA
VS
ALLISON TIMOTHY M ET AL
R. Thomas Kline
according to law,
the within named DEFENDANT
ALLISON TIMOTHY M
unable to locate Him
COMPLAINT - REPLEVIN
, Sheriff , who being duly sworn
says, that he made a diligent search and inquiry for
to wit:
He therefore
in his bailiwick.
but was
returns the
the within named DEFENDANT
NOT SERVED , as to
ALLISON TIMOTHY M
11 MAIZEFIELD DRIVE
SHIPPENBURG, PA 17257
ADDRESS IS LOCATED IN FR3~NKLIN COUNTY AND ADDITIONAL
FUNDS WERE NEVER RECEIVED TO DEPUTIZE THEM.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
R. Thomas Kline
Sheriff of Cumberland County
-Q8.-~ HARVEY PENNINGTON CABOT
12/16/2003
Sworn and subscribed to before me
this ~ day of
~ OM ,~t-~ A.D.
Prothonotary
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2003-06035 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE MANHATTAN BANK USA NA
VS
ALLISON TIMOTHY M ET AL
R. Thomas Kline Sheriff ,
according to law, says, that he made a diligent
the within named DEFENDANT , to wit:
ALLISON ROSE M
unable to locate Her in his bailiwick.
COMPLAINT - REPLEVIN
who being duly sworn
search and inquiry for
but was
He therefore returns the
the within named DEFENDANT
, ALLISON ROSE M
NOT SERVED , as to
11 MAIZEFIELD DRIVE
SHIPPENBURG, PA 17257
ADDRESS IS IN FRANKLIN COUNTY AND ADDITIONAL FUNDS
WERE NEVER RECEIVED TO DEPUTIZE FRANKLIN COUNTY.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
/ R. Thomas Kli&e
Sheriff of Cumberland County
HARVEY PENNINGTON CABOT
12/16/2003
Sworn and subscribed to before me
this ?~ day of~/~
Prothonotary
SHERIFFIS RETURN -
CASE NO: 2003-06035 P
COMMONWEALTH 0P PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN BANK USA NA
VS
ALLISON TIMOTHY M ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law, says, that he made
and inquiry for the within named DEFENDANT
ALLISON ROSE M
but was unable to locate Her in his bailiwick.
deputized the sheriff of FRANKLIN County,
serve the within COMPLAINT - REPLEVIN
Sheriff or Deputy Sheriff who being
a diligent search and
to wit:
He therefore
Pennsylvania, to
On January 30th , 2004 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
01/30/2004
So answers~ .-~ 2 ~ ~ Y
R. ~fhomas Klir~
Sheriff of Cumberland County
HARVEY PENNINGTON CABOT GRIFFI
Sworn and subscribed to before me
this _3~4~. day of 7~
A.D.
t ' Prothonotary
SHERIFF'S RETURN
CASE NO: 2003-06035 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN BANK USA NA
VS
ALLISON TIMOTHY M ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
ALLISON TIMOTHY M
but was unable to locate Him in his bailiwick.
deputized the sheriff of FP~XNKLIN County,
serve the within COMPLAINT - REPLEVIN
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania, to
On January 30th , 2004 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Franklin Co 50.00
.00
87.00
01/30/2004
So answer~ /-;~ ~ ~
R. Thomas Kline
Sheriff of Cumberland County
HARVEY PENNINGTON CABOT GRIFFI
Sworn and subscribed to before me
this ~ day of
;~J y A.D.
/ ! Prothonotar~
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00011 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
CHASE MANHATTAN BANK USA NA
VS
TIMOTHY M AND ROSE M ALLISON
KENNETH W. HALL
County, Pennsylvania,
says, the within COMPLAINT
ALLISON TIMOTHY M
DEFENDANT , at 0013:05 Hour,
at FRANKLIN CO. SHERIFF'S OFFICE
CHAMBERSBURG, PA 17201
TIMOTHY M ALLISON
a true and attested copy of COMPLAINT
, Deputy Sheriff of FRANKLIN
who being duly sworn according to law,
was served upon
on the 22nd day of January
157 LINCOLN WAY EAST
by handing to
the
, 2004
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 9.00
Service 9.00
Affidavit 4.00
Surcharge 10.00
.00
32.00
Sworn and Subscribed to before
me this ~ day of _ &O0 -"
Notary
So Answers:
KENNETH,W. HALL -
01/28/2004
CUMBERLAND CO. SHERIFF
'In The Court of Common Pleas of Cumberland County, Pennsylvania
Chase Manhattan Bank USA
Timothy M. Allison et al
SES~E: 03-6035 civil
Rose M. Allison No.
'Now, January 14, 2004
hereby deputize the Sheriff of
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Franklin Cotlrlty to execute this Writ, this
Affidavit of Service
Now,
within
upon
at
by handing to
a '7'"-rxj~ ~:~
m~d made known to
,20otgZ at / .' oS'--o'clock
copy of the original
M. served the
the contents thereof.
Sworn and subsc~-~efore
me#bis ;-9- day ~ 20 ~ ?,5
So answers~
COSTS
SERVICE
MILEAGE
AFFIDAVIT
~7oa~,b County, PA
SHERIFF'S RETURN - REGULJ~R
CASE NO: 2004-00011 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
CHASE MANHATTAN BANK USA NA
VS
TIMOTHY M AND ROSE M ALLISON
KENNETH W. HALL , Deputy Sheriff of FPJ~NKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT was served upon
ALLISON ROSE M
DEFENDANT , at 0013:05 Hour, on the 22nd day of January
at FRANKLIN CO. SHERIFF'S OFFICE 157 LINCOLN WAY EAST
CHAMBERSBURG, PA 17201 by handing to
ROSE M ALLISON
a true and attested copy of COMPLAINT
the
2004
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing .00
Service 6.00
Affidavit 2.00
Surcharge 10.00
.00
18.00
Sworn and Subscribed to before
me this ~ day of
&00 /
! Notary
SO Answers:
KENNETH W. HAI~L ~
/Deput~ Sheri×ff--
01/~8/2004
CUMBERLAND CO SHERIFF
- y PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT ,
GARY AND KAREN ULRICH, h/w
Plaintiffs,
GEORGE E. HOMERICH t/dPo/a OLD :
FASHION HEAT, INC. AND :
MONESSEN HEARTH SYSTEMS, :
Defendants. :
IL ACTION LAW
CIV -
Case No. 03-.6056
JURy TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE PURSU,~qT TO Pa.R.C.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Robert A. Lerman, Esquire, of Griffith, Strickler, Lerman,
Solymos & Calkins, as attorneys for the Defendant, Monessen Hearth Systems, in the above-
captioned matter and mark the docket accordingly.
GRIFFITH, S~ICKLER, LERMAN, S~OS & CALK1Nl
t~ooert A. Lerrnan ~
Supreme Court ID No. 07490
Attorney for the Defendant, Monessen Hearth
Systems
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GARY AND KAREN ULRICH, h/w CWIL ACTION - LAW
Plaintiffs,
GEORGE E. HOMERICH t/d/b/a OLD
FASHION HEAT, INC. AND
MONESSEN HEARTH SYSTEMS,
Defendants.
Case No. 03-6056
JURY TRIA&, DEMANDED
CERTIFICATE OF SERVICE
~'~ ~t.~ , 2004, I, Robert A. Lerman, a member
AND NOW, this ~(a day of
of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify
that I have this date served a copy of the Praecipe for Entry of Appearance by United States
Mail, addressed to the party or attorney of record as follows:
Anthony T. Lucido, Esquire
Martson Deardorff Williams & Otto
10 E. High Street
Carlisle, PA 17013-3093
Counsel for Plaintiffs
Thomas A. Beckley, Esq./John G. Milakovic, Esq.
Beckley & Madden
212 N. 3rd Street
P.O. Box 11998
Harrisburg, PA 17108
Counsel for Defendant George E. Homerich t/d/b/a
Old Fashion Heat, Inc.
Attorney for Defendant Monessen Hearth
Systems
110 South No]ahem Way
York, PA 17402
Telephone: (717) 757-7602
klr/monessen-prp
HARVEY, PENNINGTON, 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 Mortgage Corporation
CHASE MANHATTAN MORTGAGE
CORPORATION
250 W. Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- LAW
REPLEVIN
TERM
DOCKET No. 03~6035
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
Mortgage Corporation and against the Defendant, Timothy M. Allison and Rose M. Allison
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 2000 Fleetwood Suncrest, Mobile Home, Vehicle Identification Number
PAFLY22AB477285C1, and on the Count for the amount due under the subject loan, and
assess damages as follows:
Principal balance: $38,201.83
Accrued Interest to 11/07/200 $ 2,004.80
Legal Fees: $ 900.00
Court Costs: $ 150.50
TOTAL REAL DEBT: $41,257.13
Dated:
?ls additional interest accruing after 11/07/2003 at the
~te of ~3.50% per annum, or $14.32 per diem, to the date of the judgment
0gethor with any other charges or costs collectible under the Loan,
ncludng reasonable attorney's fees and costs.
Respectfully submitted,
5,2004
[GTON, LTD.
?Esquire,
Plus additional interest accruing after 11/07/2003 at the
rate of 13.50% per annum, or $14.32 per diem, to the date of the judgment
together with any other charges or costs collectible under the Loan,
including reasonable attorney's fees and costs.
Respectfully submitted,
Dated: July 5, 2004
HARVEY,.PENND'/GTON, LTD.
By: ~~~E
S squire,
HARVEY, PENNINGTON, LTD.
Stephen McNally, Esq.
Pa. ID No. 59576
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telecopier: (215) 568-1044
Attorneys for Plaintiff, Chase Manhattan Mortgage Corporation
CHASE MANHATTAN MORTGAGE
CORPORATION
250 W. Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- LAW
REPLEVIN
TERM
DOCKET No. 03-6035
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 Mortgage
Corporation 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 November 18, 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 January 22, 2004, 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 March 1. 2004, 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 "B".
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: July 5, 2004
HARVEY, PENNer?TON, LTD.
~!~ffe~/McNally, Esquire,
EXHIBIT A
· Ir~ The Court of Common Pleas of Cumberland County, Pennsylvania
Chase Manhattan Bank USA
VS.
Timothy M. Allison et al
SERVE: Timothy M. Allison No. 03-6035 civil
Now, January 14, 2004
hereby deputize the Sheriff of
deputation being made at the request and risk of the Plaintiff.
Sheriffof Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Franklin Colmty to execute this Writ, this
Affidavit of Service
Now,
within
upon
mad made known to
· , at /: ~> ~ o'clock .
copy of the original
Ath
DM. served the
the contents thereof.
Sworn and subscribed Before
meth~s ~)- day~f--~-,t,o. /~,2005/~/'
So answers,
COSTS
SERVICE
MILEAGE
AFFIDAVIT
EXHIBIT B
HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD.
Stephen McNally, Esquire
Pa, ID No. 59576
1835 Market Street, 29*~ Floor
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.
Chase Manhattan Bank USA N.A.
250 West Huron Rd.
Cleveland, OH 44113
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
COMPLAINT IN REPLEVIN
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
DOCKET NO. 03-6035
Defendants
To: Timothy M. Allison, 11 Maizefield Drive, Shippenburg, PA 17257
Date of Notice: March 1, 2004
NOTICE PURSUANT TO RULE 237.1
IMPORTANT NOTICE
(of Intent to File Praecipe to Enter Judgment in Mortgage Foreclosure by Default)
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 (10) DAYS FROM THE DATE OF THIS NOTICE,
jss
34250.1
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD 'FAKE 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:
CUMBERLAND COUNTY BAR ASSOCIATION
Legal Referral Service
Court Administrator
Cumberland County Courthouse
4t~ Floor
Carlisle, PA 17013
Telephone: (570) 240-6200
HARVEY, PENNINGTON, CABOT,
GRIFFITH & RENNEISEN, LTD.
By:, / /,'
Stephen McNally, Esqdive,
Attorneys for Plainti~,
Chase Manhattan Bank USA N.A.
jss
34250 I
U.S, POSTAL SERVICE CERTIFICATE OF MAILING
a~c~i~ CABOT, GRIFF/TH AND RENNEISEN, p.c.
. CHERRYC~RRY535 TREE ROUTESUITE CORPORATE 383~ EAST CENTER
HILL, NJ 08~2
Form 3817, Oanua~ 2~1
HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD.
Stephen McNally, Esquire
Pa. ID No. 59576
1835 Market Street, 29~ Floor
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.
Chase Manhattan Bank USA N.A.
250 West Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION
COMPLAINT IN REPLEVIN
DOCKET NO. 03-6035
To: Rose M. Allison, 11 Maizefieid Drive, Shippenburg, PA 17257
Date of Notice: March 1, 2004
NOTICE PURSUANT TO RULE 237.1
IMPORTANT NOTICE
(of Intent to File Praecipe to Enter Judgment in Mortgage Foreclosure by Default)
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
j$s
34250.1
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:
CUMBERLAND COUNTY BAR ASSOCIATION
Legal Referral Service
Court Administrator
Cumberland County Courthouse
4th Floor
Carlisle, PA 17013
Telephone: (570) 240-6200
HARVEY, PENNINGTON, CABOT,
GRIFFITH & RENNEISEN, LTD.
By: ,.. , // -)
Stepl~en/McNally, l~squite,
Attorneys for Plaintiff;
Chase Manhattan Bank USA N.A.
js$
34250.1
U.S. POSTAl_ SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
n~ HARVEY, PENNINGTON,
CABOT, GRIFFITH AND RENNEISEN, p.e.
-- CHERRY TREE CORPORATE CENTER ~
s3s Rov'r~ ss ~AST
" CHERRY HILL. NJ 08002
PS Fo~ ~81 7, Janua~ 2001
basis
DoCg..¢~ ~o. 03'6°35
HARVEY, PENNINGTON, LTD.
Stephen McNally, Esq.
Pa, ID No. 59576
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telccopier: (215) 568-1044
Attorneys for Plaintiff, Chase Manhattan Mortgage Corporation
CHASE MANHATTAN MORTGAGE
CORPORATION
250 W. Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M, ALLISON
1 l Maizefield Drive
Shippenhurg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- LAW
REPLEVIN
TERM
DOCKET No. 03-6035
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, Ltd., and in that
capacity, have been retained to represent the Plaintiff in the above-captioned action, Chase
Manhattan Mortgage Corporation, 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, Timothy M.
Allison and Rose M. Allison, 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 Mortgage Corporation 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 MORTGAGE
CORPORATION
Dated: July 5, 2004
SWORN TO and SUBSCRIBED
before me, this
July 5, 2004
By:HARVeY,/~ff~TON, LTD.
StephBeY~ ~f~l ,~ire
My Con-apission Ends:
NOTARY PUBUC OF NEW JERSEY
HARVEY, PENNINGTON, LTD.
Stephen McNally, Esq.
Pa. 1D No.
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telecopier: (215) 568-1044
Attorneys for Plaintiff, Chase Manhattan Mortgage Corporation
CHASE MANHATTAN MORTGAGE
CORPORATION
250 W. Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- LAW
REPLEViN
TERM
DOCKET No. 03-6035
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, Ltd., and in that
capacity, have been retained to represent the Plaintiff in the above-captioned action, Chase
Manhattan Mortgage Corporation, 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
Mortgage Corporation, 250 W. Huron Rd. Cleveland, OH 44113, and the last known
addresses of the defendant is 11 Maizefield Drive, Shippenburg, PA 17257.
4. I make this Affidavit on behalf of Chase Manhattan Mortgage Corporation, on the
basis of my own knowledge, and subject to the penalties for perjury pursuant to 18 Pa.C.S.A.
§4901 et seq., m~d false sweating 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 MORTGAGE CORPORATION
Dated: July 5, 2004
BY: It~ARV~y ~ENNINGTON,LTD.
BY~tep~ ~ Esquire
SWORN TO and SUBSCRIBED
before me, this
July 5, 2004
Pu ic
My Commission Ends:
,JUDITH A. GERBER
NOTARy Pufluc OF NEW ,JERsEy
HARVEY, PENNINGTON, LTD.
Stephen McNally, Esq.
Pa. ID No. 59576
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telecopier: (215) 568-1044
Attorneys for Plaintiff, Chase Manhattan Mortgage Corporation
CHASE MANHATTAN MORTGAGE
CORPORATION
250 W. Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION.- LAW
REPLEVIN
TERM
DOCKET No. 03-6035
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 6th day of July, 2004 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:
July 6, 2004
Timothy M. Allison and Rose M. Allison
11 Maizefield Drive
Shippenburg, PA 17257
Esquire,
HARVEY, PENNINGTON, LTD.
Stephen McNally, Esq.
Pa. ID No 59576
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telecopier: (215) 568-1044
Attorneys for Plaintiff, Chase Manhattan Mortgage Corporation
CHASE MANHATTAN MORTGAGE
CORPORATION
250 W. Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- LAW
REPLEVIN
TERM
DOCKET No. 03-6035
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary:
Issue Writ of Possession in the above matter.
Dated: July 6, 2004
By: HARVEY, PENi~INGTON,
By: ~ N~~y, Es
St quire
LTD.
HARVEY, PENNINGTON, LTD.
Stephen MeNally, Esq.
Pa. 1D No 59576
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
Telecopier: (215) 568-1044
Attorneys for Plaintiff, Chase Manhattan Mortgage Corporation
CHASE MANHATTAN MORTGAGE
CORPORATION
250 W. Huron Rd.
Cleveland, OH 44113
Plaintiff
TIMOTHY M. ALLISON
11 Maizefield Drive
Shippenburg, PA 17257
AND
ROSE M. ALLISON
11 Maize field Drive
Shippenburg, PA 17257
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION- LAW
REPLEVIN
TERM
DOCKET No. 03-6035
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 MORTGAGE
CORPORATION:
The personal property identified as 2000 Fleetwood Suncrest Mobile Home/Vehicle
, Vehicle Identification Number PAFLY22AB477285C1, located at 11 Maizefield Drive,,
Shippenburg, PA, 17257.
(2) To satisfy the costs against TIMOTHY M. ALLISON and ROSE M. ALLISON
you are directed to levy upon any property of TIMOTHY M. ALLISON and ROSE M.
ALLISON and sell their interest therein.
SEAL OF THE COURT
DATE:
PROTHONOTARY
BY:
DEPUTY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CHASE MANHATTAN MORTGAGE CORPORATION
V.
TIMOTHY M. ALLISON
ROSE M. ALLISON
WRIT OF POSSESSION
Real Debt $
Interest from
Costs Paid:
Prothonotary: $
Sheriff: $
Statutory: $
Costs Due Prothonotary: $
Attorneys tbr Plaintiff:Stephen McNally, Esquire
Harvey, Pennington, Ltd.
1835 Market Street, 29th Floor
Philadelphia, PA 19103
Telephone: (215) 563-4470
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
CHASE MAbI-IATTAN MORTGAGE CORPORATION
250 W. HURON RD.
CLEVELAND, OH 44113
vs.
TIMOTHY M. ALLISON AND ROSE M. ALLISON
11 MAIZEFIELD DRIVE
SHIPPENSBURG, PA 17257
No.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-6035 CIVIL Term
Term
Costs
Att'y, $ 235,50
Pl'ff (s) $ _
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of FRANKLIN 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:
CFIASE ~TTAN MORTGAGE CORPORATION
being: (Premises as follows):
Plaintiff(s)
2000 FLEEqlq(2OD SUNCREST MOBII~ HCME/VEHICLE
VEHCILE IDENTIFICATION ~ER PAFLY22AB477285C1
11 MAIZEFIELD DRIVE
SHIPPENSBURG, PA 17257
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date JULY 19, 2004
(SEAL)
CUI~IS R. LONG
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Deputy
By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenanccs, and
9
[0
Sworn and subscribed to before me this
day of_
Prnlhonotarv
So Answcrs,
Sheriff
By _
Dcputy