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Home My WebLink About02-4395IN THE COURT OF COMMON PI.EAS CUMBERLAND COUNTY, PENNSYLVANIA LAKELAND BANK, ) Plaimh7 ) ) ) ) PATRICK A. JONES ) Defendant ) CIVIL ACTION NOTICE TO DE.ND AND CLAIM RIGHT,N You have been sued in Courk If you wish to defend against the clahns set foOh in file following pagm, you must take acaion wiflfin twmty (20) days after fhi~ Camp. ~i,~ and Noti~e ar~ served, by entering a written apixanm~ personally or by attorney and filing in writing with tim Court ymtr defem~s or obj~'tinns to tim claims set forth against you. You am warned tha~ if you fail to do so tim case may pro~e~ without you and a judgment may b~ catered against you by tim Court without fmtlmr notice for any money claimad in the Complaint or for any olher claim or reli~ff r~quested by the Plaintiff. You may los~ mouey 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 (800) 990-9~0g Mitchell A. Sommers, Esquire Attorney for Plaintiff I.D. No. 38505 Three West Main Street Ephrata, PA 17522 (717) 733.-6607 THIS IS AN ATTEMPT TO COLI,ECT A DEBT, AND ANy INFORMATION OBTAINED WILL BE USED FOR THAT PURIN)SE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAKELAND BANK , ) Plaintiff ) ) ) PATRICK A. JONF~ ) Defendant ) No, CIVIL ACTION 1_~ l-lAN DEMANDO A USTE~ EN LA CORTE. Se usted quierc dcfenderse dc cs'las dcmandas expuesCms ea las pasinas sigalcmes, ustcd tithe vicine (20) dias dc plazo al parth- dc ta fecha dc la &rotunda y la notifw~acioa. Used dcbe presemar una apariencia eserila o en person o en contra dc su persona. Sea avisado quc si usted no se dcfiendc, la torte tomato medidas y pucde entrar mm ordm contra usted sin previo avJso o notWw, acion y por caulquier queja o alivio quc es pedido en la peticion dc dcmanda. Usted puedc perdcr dinero o sus propicdadcs o otros derchos imporhxntes para ustcd. LEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO T1ENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELF~ONO A LA OFICINA CUYA DIRECCION SE ENCD~NTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (800) 990-9108 Mitchell A. Sommers, Esquire Attorney for Plaintiff ltl). No. 38505 Three West Main Street Ephrata, PA 17522 (717) 733-6607 THIS IS AN ATTEMPT TO COLI,F, CT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USeD FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAKELAND BANK , ) Plaintiff ) ) ) PATRICK A. JONES ) Defendant ) CIVIL ACTION NOW COMES, the Plaintiff, LAKELAND BANK, by and through its attorney, Mitchell A. Sommers, Esquire, and avers as follows: 1. Plaintiff, LAKELAND BANK is a national Plaintiffing association organized and existing under thc laws of thc State of New Jersey, with a piaee of business located at 25 Oak Ridge, New Jersey 07438. 2. Defendant, PATRICK A. JONES is an individual whose last known address is 6280 Carlisle Pike, Lot 100, Mechanicsburg, PA 17050-2375. 3. On or about September 21, 2001, Defendant borrowed money fi'om Plaintiff to purchase a 1987 Skyline 70' X 14' Mobile Home Scrim # IAI 11062W located at 6280 Carlisle Pike, Lot I00, Mcchanicsburg, PA 17050-2375 pursuant to an agrecrncnt, and as security for such debt Plaintiff insisted upon and Defendant executed a security agrecmem granting to Plaintiff a security interest in and to Defendant's 1987 Skyline 70' X 14' Mobile Home Serial # 1Al 1 I062W located at 6280 Carlisle Pike, Lot 100, Mechanicsburg, PA 17050-2375. A true and correct copy of the loan agreement is attached and sctforth as Extn'bit "A'. 5. Plaintiff's security interest is evidenced by a Commonwealth of Pennsylvania Certificate of Title, a copy of which is attached as Extu'bit "B". 6. Defendant entered into thc aforementioned agreement with Plaintiff under which agreement Plaintiff financed Twenty-two Thousand Eight Hundred Sixty-eight Dollars and Filly vehicle. 9. Cents ($22,868.50) wi~h imerest payable at a yearly rate of 11.750%, with installment payments of Two Hundred Seventy Dollars and Seventy-nine Cents ($270.79) for a total of One Hundred Eighty (I 80) payments. See attached Exhibit "A". 7. Defendant has defaulted under the contract by failing to make monthly payments when due as follows: A. Defendant's last monthly payment of One Hundred Eighty (180) was received on November 200 I. B. Total Balance due as of December, 2001 is Twenty-two Thousand Seven Hundred Seventy-four Dollars and Thirty Cents ($22,774.30). Plaintiff believes and therefore avers, that Defendant has possession of the subject Defendant has failed and refused, despite repeated demands by Plaintiff; to pay the balance due under the contract or deliver possession oftbe vehicle to Plaintiff. COUNT I - RF~hEVIN 10. Paragraph 1 through 9 are incorporated herein by reference as though set forth at length. 1l. Plaintiff, LAKELAND BANK seeks return of the 1987 Skyline 70' X 14' Mobile Home Serial # 1All1062W located at 6280 Carlisle Pike, Lot 100, Mechanicsburg, PA 17050-2375 fi.om defendant, PATRICK A. JONES. WHEREFORE, Plaintiff, hereby demands judgment in favor of plaintiff, LAKELAND BANK, and against defendant, PATRICK A. JONES, a judgment of possession of the 1987 Skyline 70' X 14' Mobile Home Serial # 1AIl1062W located at 6280 Carlisle Pike, Lot 100, Mechanicsburg, PA 17050-2375, together with reasonable attorney's fees, interest and cost. length. 12. COUNT 11 - BREACH OF CONTRACT_ Paragraph I through I 1 are incorporated herein by reference as though set forth at 14. Defendant has defaulted under the agreement and a balance of Twenly-two Thousand Five Hundred Eighty Dollars and Thirty-one Cents ($22,580.31) is due and owing to Plaintiff. WHEREFORE, plaintiff hereby respectfully requests that this Court award money judgment in the amount of Twenty-two Thousand Five Hundred Eighty Dollars and Thirty-one Cents ($22,580.31) in favor of plaintiff, LAKELAND BANK, and against defendant, PATRICK A. JONES, together with reasonable attorney's fees, interest and costs. Respectfully submitted, ~--CHEL~ A.~OMMERS, Esquire Attorney for Plaintiff I.D. No. 38505 Three West Main Street Ephrata, PA 17522 717-733-6607 VERIFICATION I, ~ ~' O ~ ,/~ eF Ca [,*' , an agent for LAKELAND BANK, have read the foregoing and hereby affirm that it is true and correct to the best of' my knowledge, information and belief. The language in the foregoing is that of my attorney and not my own, but it is based on information which I have given to my attorney. This verification statement is made subject to the penalties of' 18 Pa. C.S.A. Section 4904 relating to unswom f'alsilieation to authorities. I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of, 18 Pa.C.S.A. Section 4904. Signature of Representative LAKELAND BANK ]. APPLICANT INFORMATION FORWARD FINANCIAL COMPANY 360 CHURCH STREET NORTHBORO. MA 01532 TEL. (508) 393-~3~o FAX (5O8) 393-9571 1-800-854-4350 2, CO-APPLICANT MOBILE HOME LOAN APPLICATION Fi SEPARATE ~ NEED NOT BE REVEAJ.ED IF Y~U DO NOT WISH TO HAVE IT CONSIDERED A BASIS FOR REPA YI~IG THIS O~LIGA T~N. PLEASE NOTE THA TALL INCOME MUST BE VERIFIABLE. 3, APPLICANT EMPLOYMENT YEs Iq NO CO'APPLICANT EMPLOYMENT 4, PREVIOUS RESIDENCE & EMPLOYMENT ,? AUTOMOBILES / REAL ESTATE OWNED / BANK REFERENCES INDEBTEDNESS & CREDIT REFERENCES LIST ALL OTHER INDEBTEDNESS BELOW. IF NONE. LIST CREDIT RSFERENCES. LIST FOR BOTH APPLICANTS ONLY tF HE/SHE WiLl. BE CONTRACTUALLY LIASLE. (INDICATE BY CHECK MARK ( / ) LOANS LISTED BELOW TO BE PAID OFF WITH PROCEEDS OF THIS LOAN) NAME AND ADDRESS OF CREDIrOR PORPOSE OF ACCOUNi' NUMBER ORIGINAL AMT. CREDIT LiNE UNPAID BAL. v/ MON1HLY PMTS $ $ $ $ $ $ I $ EXHIBIT $ I$ 7. OTHER ASSETS OWNED: aPPuc4/,fr~ / $ $ $ $ $ $ $ 8. NOTICE TO APPLICANT(S) FOR A LOAN RELATED TO A DWELLING ~I~F~ F~ D~RRI~NT[TO~IS ~fl~EEi~YEsT~A~TRA~VE RN~NT TO ~T~ ~E ~ THE LE~E fl ~ FESE fl~ ~A~ES ~ p~lBiT THE BASIS OP SIGHT ANDeOR SURNAME IF THE APPLICANT(S)~GICA~E N~TOTROA [DOO~,OR OTHER SERVICE. THE lENDER IS RE~J~REO TO NOTE RACE ~D SEX. ON APPLICANT CO-APPLICANT 'RACE/NATIONAL ORIGIN 'LENDER: IF EITHER APPLICANT OR CO-APPLICANT CHOOSES NOT TO DESIGNATE EITHER RACE OR SEX INFORMATION, YOU MUST DO;SO TO THE EXTENT POSS~BI[E BASEDON SIGHTAND/OR SURNAME, TO DESIGNATE ANy INFORMATION THAT YOU HAVE PROVIDED, PLEASE ENCLOSE ITWITH PARENTHESIS ((:]), NO.~hbom M~S32 ~h~ ~0 days ~ we r~'r--.--, o "- -'r-~ical ~ ~l. F~', co~/,, wr~ to: Po~va,d Fm~ial Comdata' :~0 Churc~ S re SIGNATURE(S) REQUIRED 10o MOBILE '"/'/"~' ='/~'/~' ~:~'1'~_ U.4c/T/~ "P£o~.~g~m~l~ ~ ~ HOME v~ ~ -- See Us on ~e IntemeII htlp:/~.fo~ardfinancial.~m LOIS A LEED CANMONS MOBILE HOME PK. MECHANICSRURG PA 1'~055 CODE ,{ .;~ICAL FINANCIAL CORPORAT,n~, ~d~5. DRUMMER LA~E II SHERIFF'S RETURN - REGULAR CASE NO: 2002-04395 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAKELAND BANK VS JONES PATRICK A RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JONES PATRICK A the DEFENDANT , at 1443:00 HOURS, on the 17th day of September, at 6280 CARLISLE PIKE LOT 100 2002 MECHANICSBURG, PA 17050 PATRICK JONES by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing ~is attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~ ~ day of ' ' Proth0~f~, ' So Answers: R. Thomas Kline 09/18/2002 MITCHELL A SOMMERS By: ..~/~ ~ /u. Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAKELAND BANK, Plaintiff VS. PATRICK A. JONES, Defendant No. 02-4395 Civil Term PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please emer default judgmem in favor of the Plaintiff, Lakeland Bank and against the Defendant, Patrick A. Jones, in the above-captioned case for failure to answer a properly endorsed Complaint within the time prescribed, in the amount of Twenty-two Thousand Five-Hundred Eighty Dollars and Thirty-one Cents ($22,580.31), and for possession of a 1987 Skyline 70' X 14' Mobile Home, Serial # 1All1062W located at 6280 Carlisle Pike, Lot #I00, Mechaniesburg, Pennsylvania 17050-2375, plus interest, costs and attorney's fees. Notice of Intent to enter the Default Judgment was sent to Patrick A. Jones, defendant on September 30, 2002 and Notice of Entry of Judgment has been given on [ {- ~ - 0 ~ Date: November 07, 2002 Respectfully submitted: MI~I,~SO]~vtERS, Esquire Attorney for Lakeland Bank Attorney I.D. No. 38505 Three West Main Street Ephrata, PA 17522 (717) 733-6607 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW LAKELAND BANK, Plaintiff VS. PATRICK A. JONES, Defendant No. 02-4395 Civil Term AFFIDAVIT OF SERVICE 1, MITCHELL A. SOMMERS, ESQUIRE, hereby certify that on the 30th day of September, 2002, I served a tree and correct copy of the (10) Day Important Notice upon the following person (s) in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of Civil Procedure. Service by First Class U.S. MaiL postage prepaid: Patrick A. Jones 6280 Carlisle Pike, Lot 100 Mechanicsburg, PA 17050-2375 Attorney for Plaintiff I.D. No. 38505 Three West Main Street Ephrata, PA 17522 (717) 733-6607 Fax (717) 721-3422 Date: November 07, 2002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW LAKELAND BANK, ) Plaintiff ) ) ) PATRICK A. JONES, ) Defendant ) No.: 02-4395 Civil Term AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CML ACT OF 1918, RE-ENACTED 1940 STATE OF /b/e3w 0 ~-- fi -'- ~-~"~ ) ) COUNTY OF ) Before me, the undersigned authority, personally appeared a representative for Plaintiff, Lakeland Bank, who being duly sworn according to law, does depose and say that to the best of his knowledge and belief, Patrick A. Jones, Defendant, is not in the Military or Naval Service, based on the following facts: Age of Defendant ~ .~ years; Present place of employment: /~,Ck f000{$ ; Present place of residence: 6280 Carlisle Pike, Lot 100, Meehanicsburg, Pennsylvania 17050-2375, as of the date of this affidavit. Signature of Affiant, Representative Lakeland Bank Subscribed and sworn to before me, a Notary Public, on this 5.~ / day of COc~ , 2002. NOTARY PUBLIC ~,-~,~: ;, AA SU~EN NOTARY PUBLIC OF NEW JERSEY ~,,%, Commission Expires May 12, ~004 COURT ADMINISTRATION OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 DATE: Patrick A. Jones 6280 Carlisle Pike, Lot #100 Mechanicsburg PA 17050-2375 Re: Lakeland Bank v. Patrick A. Jones NO.: CI-02-4395 NOTICE is given that JUDGMENT in the above captioned matter has been entered against you on ~ ~ ~ ,2002, for Possession of a 1987 Skyline 70' X 14' Mobile Home, Serial # 1Al 11062W located at 6280 Carlisle Pike, Lot #100, Mechanicsburg, Pennsylvania 17050-2375. PROTHONOTARY OF CUMBERLAND COUNTY By:~'J-O~'Z ~ If you have any questions concerning the above case, please contact: Mitchell A. Sommers, Esquire Three West Main Street Ephrata, PA 17522 Attorney ID# 38505 (717) 733-6607 (PA RULE OF CML PROCEDURE 236, AS REVISED) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT OF POSSESSION - (EJECTMENT) LAKELAND BANK Plaintiff VS. PATRICK A. JONES Defendant NO.: Judgment No.: CI-02-4395 PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY/CLERK OF SAID COURT: (Check appropnate block) ( X ) Issue writ of possession in the above captioned case and direct Sheriffto deliver possession of the following property to: Mitchell A. Sommers, Esq., attorney for Plaintiff, Lakeland Bank. ( ) To satisfy the costs against the defendant(s), direct Sheriffto levy upon the interest of the defendant(s) in the following described property and to sell the same: ( X ) Personal Property as follows: 1987 SKYLINE 70' X 14' MOBILE HOME SERIAL # IAll1062W Located at: 620 Carlisle Pike, Lot #100 Mechanicsburg PA 17050-2375 ( ) Real Estate as per the attached description Signature: Print Name: Address: Date: Three West Main Street Ephrata, PA 17522 Attorney for: Plaintiff, Lakeland Bank Supreme Court ID No.: 38505 Tele: (717) 733-6607 Fax(717) 721-3422 By virtue of this writ, onthe ?7th day of January 2003 I caused the within named Lakeland Bank , to have possession of the premises describedYOi{~Ji01Rl~t~Fclt%ym~ig 1987 Skyline 70' x 14' Mobile Home, located at: 6280 Carlisle Pike, Lot No 100, Mechanicsburg, p.~ 17055 · Sheriff's Costs: Docketing $ 18.00 Poundage 1.53 Proth 1.00 Milagu 7.59 Poss. 30.00 Surcharge 20.00 78.12 Sworn and subscribed to before me this Prothonotary Advanc~ Costs: 100.00 8~erlf~ 's costs 78.12 21.88 Refunded to Atty on 1/28/0_3 ~eriff. - " WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) PATRICK A. JONES 620 CARLISLE PIKE, LOT #100 MECHANICSBURG, PA 17050-2375 No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4395 Civil Term Term Costs Att'y. $ 119o09 Pl'ff (s) $ Prothy. $ 1. O0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CtlqBE~ 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: Plaintiff (s) being: (Premises as follows): 1987 SKYLINE 70' x 14' MOBILE HCME SERIAL # 1All1062W LOCATED AT: 620 CARLISLE PIKE, LOT #100 MECHANICSBURG, PA 17050-2375 (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 DECSIqBER 3, 2002 CURTIS R. LONG Prothonotary, Common Picas Court of Cumberland County, Pennsylvania (SEAL) ~' Deputy