Loading...
HomeMy WebLinkAbout01-2249IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. JONATHAN W. PERRY, Defendant REPLEVIN ACTION 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 1F 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 PIOSA, HIXSON & REILLY, P.C. Thomag~Ej Re~!ll.y,..J[;, Es~dire Attorney for Plaintiff Attorney I. D. No. 41668 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. JONATHAN W. PERRY, Defendant ) ) ) ) ) ) ) COMPLAINT IN REPLEVIN And now, comes the Plaintiff, National Penn Bank, by and through its attorneys, Thomas E. Reilly, Jr., and Thomas A. Capehart, Esquire, and in support of the within causes of action avers as follows: l. Plaintiff, National Penn Bank ("Bank") is a Pem~sylvania banking corporation with an office located at Philadelphia and Reading Avenues, Boyertown, Pennsylvania, 19512. 2. Defendant, Jonathan W. Perry, is an adult individual residing at 65 Mountainview Terrace, Mountainview Terrace Mobile Home Park, Newville, Cumberland County, Pennsylvania, 17241. COUNT I - REPLEVIN 3. Defendant is the owner of a 1991 Redman Mobile Home, Serial Number 12221995 which is located at 65 Mountainview Terrace, Mountainview Terrace Mobile Home Park, Newville, Pennsylvania. 4. The approximate value of the mobile home is Fourteen Thousand Five Hundred Seventy-four Dollars ($14,574.00). 5. On March 25, 1999, Defendant purchased the mobile home pursuant to a Mobile Home Installment Sales Contract without Real Estate (the "Contract"). A true and correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein by reference. 6. The Contract was assigned to the Bank at the time of sale and, as such, the Bank is a secured creditor under the terms of the Contract, which fact is further evidenced by the certificate of title to the mobile home, specifically identifying the Bank as a secured lien holder. A true and correct copy of such title is attached hereto as Exhibit "B" and incorporated herein by reference. 7. Defendant executed and delivered the Contract to the Bank, or authorized, acquiesced and consented to the assignment of the Contract to the Bank, as collateral security for the payment of Defendant obligations to make payments toward the Contract under which Defendant agreed to pay the Bank One Hundred Eighty (180) monthly installments of Two Hundred Thirty-three Dollars and Ninety-four Cents ($233.94) beginning May 7, 1999. 8. Defendant has defaulted under the terms of the Contract by failing to pay the Bank monthly installments since December 7, 2000 along with forced placed insurance premiums and real estate taxes for 1999. 9. Given Defendant's default under the Contract, on or about October 12, 2000, the Bank sent a Notice of Intention to Commence Legal Action and Repossess Mobile Home to the Defendant by certified mail informing the Defendant of the default and the Defendant's rights and obligations to the Bank. A true and correct copy of such notice is attached hereto as Exhibit "C" and incorporated herein by reference. 10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "D", and incorporated herein. 11. Defendant has failed, refused and neglected to cure the above-referenced default, despite receipt of the Bank's Notice of Intention to Commence Legal Action and Repossess Mobile Home, 12. In accordance with the terms and conditions of the Contract, upon Defendant's default thereunder, the Bank has accelerated the indebtedness of the Defendant to the Bank. 13. Pursuant to the Contract, Defendant agreed to pay all amounts which became due under the terms of the Contract, the costs of suit, and reasonable attorney's fees, as well as costs of repossessing, storing, repairing, preparing for sale and selling the vehicle. Based on Defendant's fault as above described, Defendant is liable to the Bank 14. as follows: Principal Amount Due Interest to 4/11/01 Late Fees Due $17,725.24 980.12 18.68 TOTAL $18,724.04 WHEREFORE, Plaintiff, National Penn Bank, respectfully requests that judgment be entered in its favor and against Defendant, Jonahan W. Perry, in replevin for possession and delivery of the Mobile Home; plus interest, reasonable attorney's fees, costs, and costs of collection and any and all other relief which the Court deems just and appropriate. COUNT II - BREACH OF CONTRACT 15. Plaintiff incorporates by reference Paragraphs No. 1 through No. 14 as though the same were fully set forth herein. 16. Defendant is in default under the terms of the Contract due to the Defendant's failure to make monthly installment payments since December 7, 2000 along with forced placed insurance premiums and real estate taxes for 1999. WHEREFORE, Plaintiff, National Penn Bank, demands judgment in its favor and against the Defendant, Jonathan W. Perry, in the amount of $18,724.04 plus per diem interest from April 11, 2001 until the debt is satisfied, reasonable attorneys fees, costs and costs of collection as set forth in Paragraph 14 of the Complaint. PIOSA, HIXSON & REILLY, P.C. Thohaas E. Reilly, Jr., E~uire Attorney for National l~nn Bank Attorney I.D. No. 41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 Attorney for National Penn Bank A~orney I.D. No. 57440 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 VERIFICATION I, JOSEPH P. ANDREWS, state that I am a Vice President of National Penn Bank, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said National Penn Bank, and verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ~-~ Dated: MO~qLE HOME INSTALLMENT SALE CONTRACT (WITHOUT REAL ESTATE) 5, ITEMIZATIONOFAMOUNTFINANCE~: (8) To iANNUAL PERCENTAGE RATE ,Deled: March 24, 1999 Number ol Payrnenis Amourl! of Pavmenls When Paymer~ts Are Due $ Monthly, beginning 180 233.9t~ IJay 7, 199R $ Security: You are giving a secudty inlemst in the property he(ng pu*chasad. Prepaymer~l: If you pay off early, you w~fl not have Io ~ay a penally. CON1 flACT, AND MONEY IN YOUR ACCOUNT WITN THE ASSIGNEE. NOME: EXHIBIT ~to purchase Irom US Ihe ;ol]o~,,g mobile home, ils app~la,ces. $ -$ yea-----~/Make Series Gross Allowance Slim Owing Net Trade-tn which cosis $ N/^ ~/A SJ[~nalure of Buyer or Co Signer to be x [~/A I~/A x ~/A ~/^ PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR IfEREUNDER. By signing below, we agree fo sell gle Mobile Honle ID you under the ferms ol Ibis ConlracL NOTICE TO BUYER - DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. BUYER Jonachon l~/. Perry (SEAL) - (Uale) CO*SIGNER'S AGREEMENT: YOU SHOULD READ THE NOTICE TO CO.SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT BEFORE SIGNING THIS AGREEMENT. You Ihe person or persons) sigllir~g as *Co-Signer" below, promise ID pay ID us all SUnlS owed on this Contract and fo per cfm a agreements in his Con/fac as andwherl ~e¥ corse due. You inlerld ~o be lecjaIly bound by all tile terms of Ibis Corllracl, separately end Iogelber wilh each olher and rite Buyer. You are making this plomise ltl induce us ID enle~ inlo th~s Conl~acI wJlb Ihe Buyer~ even Ihougb the proceeds wilI only be used for Ihe Buyer's beneflL You agree ID pay avail Ibougb we may Iici have made any prior demand lot paymenl On lite Buyer or exercised OUr security Interest in fha Mobile Home (SEAL) Co-Signer's Signalure Add,ess Dale (SEAL) Co-Signer's Signalure Address Date CO*OWNER'S SECURITY AGREEMENT; You, the person signing as 'Co-OwneF below, togefher with the Buyer or o~herwtse being o( the Owners of Ibe Mobile Home ~ive us a liar1 end secudl~/inleresl in lhe Mobile Home. Yo~ Inland lo be ~egally bound by g]e lerms (SEAL) BUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIME~ ?,GNING. ~ BUYER Jod~tbon ~/, Pelct'y~ BUYER (;ERTIFICATE OF TITLE FOR A VEHICLE 9912500210{34911-001 12221995 I .91I REDMAN ODOMETER JONATHON 65 MDUNTAINVIEW TERR NE~VILLE PA 17241 NATIONAL PENN BANK I 44030468304 PE EXEMPT 4 NATIONAL PENN BANK READING E PHILA AVE BOYERTONN PA t9512 AUTHORIZED REPRESENTATIVE BRADLEY L MALLORY ! II a co-~urchaser ottler tha. your SDOUSe ,s ,L~te~ and you wa., STREET CITY ~N{D LIEN DATE: EXHIBIT NATIONAL PENN BANK Part of the Na~onal P~ln Family Member FDIC. Equat Opportunity Lender CERTIFIED MAIL Aisc part of the National Penn fart Elverson National Bank 1st Main Line Bank Chestnut Hill National Bank National Asian ~ank Investors T~st Company IJnk Financial Services, Inc. National Penn Mortgage Company TO: Jonathan W. Perry 65 Mountainview Terrace Mountainview Mobile Home Park New'ville, PA 17241 Acct. #362363975610 Notice Date: October 12, 2000 NOTICE OF INTENTION TO COMMENCE LEGAl. ACTION AxND REPOSSESS MOBIhE HOME You are currently indebted to National Penn Bank (the "Bank") pursuant to an Installment Sale Agreement dated March 24, 1999 between the Bank and you with regard to your 1991 Redman, Vehicle Identification Number 12221995. The Installment Sale Agreement IS IN SERIOUS DEFAULT because the payments due since September 7, 2000 have not been paid, along with real estate taxes for 1999, and forced placed insurance premiums of $263.00. The total mount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter, is $373.12, along with all delinquent and unpaid real estate taxes, and unpaid insurance premiums. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above amount of $373.12, plus any additional payments which may fall due during this period, including all other events of default that may exist. Such payment must be made either by cash, cashier's check, certified check or money order and made to: National Penn Bank P. O. Box 547 Boyertown, PA 19512-0547 Arm: R/chard M. IGstner (610) 369-6585 If you do not cure the dethult within THIRTY (30) DAYS, the Bank intends to exercise its right to accelerate the Installment Sale Agreement and will instruct its Attorneys to commence a legal action to take possession of the Mobile Home. At the end of the thirty (30) day period, if you wish to cure the default, you will also be requLred to pay reasonable fees actually incurred by the Bank prior to commencing a legal action to take possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs, up to an amount of Fifty Dolla' ' r¢qt~ nm EXHIBIT I Philadelphia & Reading Avenues, AC. Box 547, Boyertown, PA 19512 · 610-369-6128 · 1-800-822-~ ~Nasdaq SymPol - NPBC Jonathan W. Perry Page Two Once the Bank commences a legal action to take possession of the Mobile Home, you will also be required to pay any reasonable fees actually incurred by the Bank, including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty Dollars ($50.00). The Bank may also sue you personally for the unpaid principal balance and all other sums due under the Installment Sale Agreement. If you have not cured the default within the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have the right to cure the default at any time before the title to the Mobile Home is lawfully transferred from you, which shall be no sooner than Forty-Five (45) days after your receipt of this Notice. You may do so by: (a) paying all amounts which would have been due if you had not defaulted and the Bank had not accelerated the InstalLment Sale Agreement; (b) perform any other obligation which was required of you under the InstalLment Sale Agreement; (c) paying reasonable fees actually incurred by the Bank in taking possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs; (d) paying any late fees or penalties as set forth in the /nstallment Sale Agreement; and (e) paying any cost incurred by the Bank in detaching and transporting the Mobile Home to the site of the sale. Of course, the amount needed to cure the default will increase the longer you wa/t. You may find out at any time exactly.what the required payment will be by calling the Bank at the telephone number of the person listed above. This payment must be in cash, cashier's check or certified check. You should realize that a sale or transfer of title to the Mobile Home will end your ownership of the Mobile Home. Jonathan W. Perry Page Three You have additional rights to help protect your interest in the Mobile Home. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE AMOUNT YOU OWE UNDER TIlE INSTALLMENT SALE AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEIlALF. If you cure the default as set forth above, the Installment Sale Agreement will be reinstated and you will then be able to make payments for the balance of the Installment Sale Agreement as if the default never occurred. NATIONAL. PENN BANK By: ~:/a,2 '~'. ~ Richard WI. Kistner Special Loans Adjustor PIOSA HIxsoN & REILLY MICHAEL ]. PIOSA T~OM~S E. REILLY, IlL THOMAS A. ~ ONE WINDSOR PLAZA, Sbrl~ 101 7535 WINDSOR DRIVE ALLENTOWN, PENNSYLVANIA 18195-1014 TEL: (610) 530-7500 FAX: (610) 530-8190 TO: Jonathan W. Perry: We have filed this complaint against you on behalf of our client, National Penn Bank,. WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE: The amount of the debt owed by you is $18,'/24.04 as of April 11, 2001. Royal Home Sales Inc., is the original creditor for this debt. You have thirty (30) days from the date of this Notice to dispute the validity of this debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion thereof is disputed by you, we will obtain verification of the debt from our client and provide such verification to you. Please note, that despite the thirty (30) day period described above, the Bank is not required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed, including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to proceed with any such action within the time frame set forth in the accompanying complaint or documents, and any other previous correspondence you may have received directly from the Bank. This letter is from a debt collector. This letter and any other correspondence from this office is an attempt to collect a debt and any information obtained will be used for that purpose. Sincerely, EXHIBIT "D" z z~ z -< SHERIFF'S RETURN - CASE NO: 2001-02249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL PENN BANK VS PERRY JONATHAN W REGULAR DAWN L. KELL , Cumberland County, Pennsylvania, says, the within COMPLAINT - REPLEVIN PERRY JONATHA/q W DEFENDANT , Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon at 1835:00 HOURS, on the 19th day of April MOUNTAINVIEW TERRACE MHP by handing to at 65 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 KELLY PERRY WIFE a the , 2001 true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this A~q~ day of ,,~-f~!~ [ 0~0,0i A.D. Prot ho. notary J So Answers: R. Thomas Kline 04/20/2001 PIOSA HIXON & REILLY Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. JONATHAN W. PERRY, Defendant No. 01-2249 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendant, Jonathan W. Perry, for want of failure to file a responsive pleadin~ to Plaintiffs Replevin Comvlaint. X Enter judgment for possession of the following personal property: 1991 Redman MoBile Home, Serial Number 12221995; AND X Assess damages as follows: Debt ...................... $18,724.04 Interest from 04/17/01 to 05/30/01 @ $6.67/day ........ $ 286.81 Attorney's Commission ...... $ TOTAL ................... $19,010.85, plus interest from 05/30/01 and costs X X Date: __ I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. __ Pursuant to Pa. R.C.P. 237. l, I certify that w~n notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the notice is attached. Thomas E. Reillyd~ Attorney for Plaintiff Attorney I.D. No. 41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 NOW, 3/.A.~x ~ Z./ , 2001, JUDGMENT IS ENTERED AS ABOVE. Prothonotary/Clerk, Civil Division~//' ' Deputy c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. JONATHAN W. PERRY, Defendant No. 01-2249 ( X ) Notice is hereby given that a Default Judgment in the above-captioned matter has been entered against you in the amount of $19,010.85 plus interest from May 30, 2001, and costs, on __, 20x .. (x) enclosed. A copy of all documents filed with the Prothonotary in support of the within judgment are Prothonotary/Clerk, Civil Di.~/ If you have any questions regarding this Notice, please contact the filing party: Thomas E. Reilly, Jr. Esquire One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 (This Notice is given in accordance with Pa.R.C.P. 236). CERTIFICATION OF ADDRESSES I, THOMAS E. RE1LLY, JR., ESQUIRE, hereby certify that the precise address of the within- named Plaintiff, National Penn Bank is Philadelphia & Reading Avenues, PO Box 547, Boyertown, PA 19512-0547 and the last known address 6fthe within-named Defendant, Jonathan W. Perry, is 65 Mountainview Terrace, Mountainview Terrace Mobile Home Park, Newville, PA 17241. Thomas E. Reilly, Jr., Esquire NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Before me, the undersigned authority, personally appeared Thomas E. Reilly, Jr., Esquire, who being duly sworn according to law, doth depose and say that the Defendant, Jonathan W. Perry, was not in the Military or Naval Service, based on the following facts as of the date of this affidavit: Age of Defendant: Present Place of Employment: Present Place of Service: Sui Juris Unknown 65 Mountainview Terrace Mountainview Terrace Mobile Home Park Newville, PA 17241 Sworn to and subscribed before me this 304& dayofMay, 2001 A.D. Notary Public NOTARIAL SEAL Susan Morrison, Notary Pub¢c Upper Macungie Twp., County of Lehigl3 My Commission Expires Feb. 26, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. JONATHAN W. PERRY, Defendant ) ) No. 01-2249 ) ) ) ) ) DATE OF NOTICE: May 14, 2001 TO: Jonathan W. Perry 65 Mountainview Terrace Mountainview Terrace Mobile Home Park Newville, PA 17241 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PIOSA, HIXSON & REILLY P.C. Thomas E. Reilly, JF2-Esq. [ Attorney for Plaintiff [ Attorney I. D. No. 41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 NtlPenn/Smith/lOday IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. JONATHAN W. PERRY Defendant No. 01-2249 Replevin Action PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: ::=-'~:~ Kindly issue the Writ of Possession in the above matte ~'~'-~ PIOSA, HIXSON & REILLY P.C. Thomas E. R~illy, Jr, Esquir~ Attorney for Plaintiff Attorney I. D. #41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. JONATHAN W. PERRY Defendant No. 01-2249 Replevin Action WRIT OF POSSESSION Commonwealth of Pennsylvania: ) ) County of Cumberland ) To the Sheriff of Cumberland County: To satisfy the Judgment for Possession in the above matter, you are directed to deliver possession of the following described property to National Penn Bank,: 1991 Redman Mobile Home Serial Number 12221995 and located at 65 Mountainview Terrace, Mountainview Mobile Home Park, Newville, Cumberland County, PA 17241. by: Seal of the Court Deputy Prothonotary/Clerk, Civil Div. Date By: Thomas E. Reilly, Jr. Attorney for Plaintiff One Windsor Plaza, Suite 10l 7535 Windsor Drive ALlentown, PA 18195-1014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. JONATHAN W. PERRY Defendant No. 01-2249 Replevin Action PRAECIPE TO RE-ISSUE WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue the Writ of Possession in the above matter. PIOSA, HIXSON & REILLY P.C. Thomas E. Reilly,~r., Esquir7 Attorney for Plaintiff [ Attorney I. D. #41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 PIOSA HIXSON & REILLY PC. National Penn Bank WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Jonathan W. Perry No. 01-2249 Civil Term No. Term Costs Att'y. $ 112.70 Pl'ff (s) $ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland 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: Penn la~nk Plaintiff (s) being: (Premises as follows): 1991 Redman Mobile Heine Serial Number 12221995 and located at 65 Mountainview Terrace, Mountainview Mobil Hcme Park, Newville, Cumberland County, PA 17241 (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 25, 2001 (SEAL) Curtis R. Long Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania · Deputy By virtue of this writ on the I caused the within named possegsion of the premises described with thc appurtena,ccs, and WRI~RETURNED STAYED have AS PER ATTY, DEFT. HAS FILED BANKRUPTCY Sheriff's Costs Docketing: $ Poundagc Prothonotary Milage Surcharg~ · tO ' ~dvah6e~ ~osY~.. -ISOq'IYO- .... 18.00 Sheriff's Costs: 46.47 1.00 ,. 16.56 i0.00 46.47 ......... REFUNDED TO ATTY OU a/~O'2 "%~ Sworn and subscribed to before me this day of ~'Q, ,'~ Prothonotary ' KE1TH B. QUIGLEY PRESIDENT JUDGE COURT OF COMMON PLEAS 41st JUDICIAL DISTRICT OF PENNSYLVANIA Juniata and Perry Counties (717) 582-2131 March 24, 2003 P.O. Box 668 New Bloomfield, PA 17068 Mr. Comell Smith #EJ0379 1600 Walters Mill mad Somerset, PA 15510 Dear Mr. Smith: I have your recent letter which seems to indicate that you believe I have prevented you from taking an appeal of my earlier decision. If this is in fact what you are suggesting, that is not the case at all. You had a right to file an appeal and you may still have. If you do decide to file an appeal you will not receive any objection from me in doing so. To the extent that I understood your original petition, I believe my action in dismissing same was appropriate. Yours, gley, P.J. KBQ/mk cc: Taryn Dixon, Cumberland County Court Administrator UAR 2 3 2003 KEITH B. QUIGLEY PRESIDENT JUDGE COURT OF COMMON PLEAS 41st JUDICIAL DISTRICT OF PENNSYLVANIA Juniata and Perry Counties (717) 582-2131 March 24, 2003 2003 P.O. Box 668 New Bloomfield, PA 17068 Taryn N. Dixon, Court Administrator Cumberland County Courthouse One Courthouse Sq. Carlisle, PA 17013-3387 Re: Comell Smith v Cumberland County KBQ/mk Dear Ms. Dixon: I'm enclosing correspondence I received from Comell Smith. In reference to the matter that your Court referred to me some time ago. As with the earlier material from Mr. Smith I have a problem fully understanding what he is telling me in this communication. However, I think he thinks I prevented him from carrying an appeal from my earlier decision. The purpose of this letter is to ask you to file this correspondence with Mr. Smith's file in Carlisle. I'm also enclosing a copy of a letter that I sent directly to him in response to this. If you or anyone else associated with the case believe that I haven't covered something that ought to be covered please let me know and I will try to do so.