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UNITED STATES v. $ 27

October 4, 1989

UNITED STATES OF AMERICA
v.
$ 27,820.00 UNITED STATES CURRENCY



The opinion of the court was delivered by: VAN ANTWERPEN

 FRANKLIN S. VAN ANTWERPEN, UNITED STATES DISTRICT JUDGE

 INTRODUCTION

 This is a civil action for forfeiture of monies pursuant to the Controlled Substances Act, 21 U.S.C. § 881(a)(6), and 28 U.S.C. § 2461. For the reasons given below, I will enter judgment in favor of plaintiff United States of America and against claimant John Henry Townley.

 BACKGROUND

 The defendant property consists of $ 27,820.00 which was seized on January 3, 1986 during a search pursuant to a warrant at 244 East 21st Street, Northampton, Pennsylvania, the residence of claimant John Henry Townley.

 On September 30, 1986, in a criminal action in the Eastern District of Pennsylvania styled United States v. John Henry Townley, Criminal No. 86-00369-01, claimant John Henry Townley pled guilty to a two count information charging him with possession with intent to distribute controlled substances in violation of 21 U.S.C. § 841(a)(1).

 Plaintiff United States of America alleges that the defendant property is the proceeds of sales and exchanges of controlled substance, and/or constitutes monies furnished or intended to be furnished in exchange for controlled substances within the meaning of 21 U.S.C. § 841(a)(1). Plaintiff also alleges that the defendant property constitutes proceeds traceable to sales and exchanges for a controlled substance within the meaning of 21 U.S.C. § 881 (a)(6). If plaintiff's allegations are correct, the defendant property is subject to forfeiture.

 The Complaint for Forfeiture in this action was filed on March 15, 1989, and an Answer was received by the plaintiff United States of America on March 31, 1989. The Answer was not filed of record but is attached as Exhibit A to plaintiff's Memorandum in Support of Motion to Amend Complaint for Forfeiture, filed on April 4, 1989 (Document 3 in the docket of this action). That Motion and related documents was withdrawn by plaintiff's Praecipe to Withdraw, filed April 17, 1989.

 On March 16, 1989 the plaintiff served on claimant the Complaint for Forfeiture, the Warrant for Arrest in Action in Rem, its Interrogatories and its First Request for Production of Documents.

 On April 12, 1989 claimant served on the plaintiff a Motion for Extension of Time to Answer Interrogatories and Produce Documents. The Motion has never been filed of record, but appears in the file as an attachment to plaintiff's Response to it. In the Motion claimant requested an additional sixty (60) days to respond, citing difficulties in compliance due to his being incarcerated at Allenwood Federal Prison Camp.

 On April 25, 1989 the plaintiff filed its response to the claimant's Motion, stating in its Memorandum that many of the Interrogatories, could be reasonably answered without resort to records. The Memorandum also stated that certain of the documents requested, such as authorizations for the release of income tax and work history documentation, could also be supplied without resort to records unavailable to claimant.

 On May 24, 1989 the claimant filed a Rebuttal and Objection to Response and Objections to Claimant's Motion for Extension of Time to Answer Interrogatories and Produce Documents. In that document the claimant renewed his request for an additional 60 days to respond. Claimant disputed the plaintiff's contention that he had the necessary resources to respond, claiming that complete and accurate answers under oath could not be provided without reference to documentation.

 On June 27, 1989 the plaintiff filed its Motion to Strike Answer of John H. Townley, on the ground that no Verified Claim had been filed within ten days of the execution of the Warrant of Arrest or within such additional time as may be allowed by the Court, as required by Rule C(6) of the ...


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