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RICHARD W. DUTREY and . IN THE COURT OF COMMON PLEAS OF
.
MARJORIE B. DUTREY, . CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiffs .
.
. NO. 96-~9~ CIVIL TERM
.
v. I
.
.
CRYSTAL L. ZELLNER, . STATUTORY ACTION TO CONFORM
.
Defendant . CONFESSED JUDGMENT
.
COMPLAINT
AND NOW, come the Plaintiffs, Richard W. Dutrey and
Marjorie B. Dutrey, by and through their attorneys, Fowler,
Addams, Shughart , Rundle, and make the following Complaint
against crystal L. Zellner, the Defendant:
1. The Plaintiffs are Richard W. Dutrey and Marjorie B.
outrey, adult individuals residing at 504 West South Street,
Carlisle, CUmberland County, Pennsylvania.
2. The Defendant is crystal L. Zellner, an adult individual
residing at 517 North Pitt Street, carlisle, CUmberland county,
Pennsylvania.
3. On July 2, 1996, in proceedings docketed to No, 96-3647
civil Tera in the Court of Co_on Pleas of CUlllberland county,
Pennsylvania, the Plaintiffs entered judgment against the
Defendant 1n the sua of $21,988.21, The averaents Of the
coaplalnt filed in that action are incorporated herein by
reference.
4. The notice rllq\llred by Section 403(11) of the Act Of
January 30, 1"4, P.L. 13, No.6, as a"nded, 41 P.S. 1403(a) va.
.ent to the Defendant by reqular first cla.. and certified ..11
on Aprll 10, 1"6. "tN. and correct copy of ..id notice is
attached hereto .. Exhibit -,,- and ..de a part hereot.
5. The Defendant is obligated to the Plaintiffs for the
following amounts due and owing pursuant to a written Agreement
of Sale dated July 22, 1992, which Agreement is recorded in the
Office of the Recorder of Deeds in and for CUmberland County,
Pennsylvania, in Misc. Book 423 at Page 759, as follows:
A. Remaining balance of principal
B. Accrued interest on the remaining
balance from 2/1/96 through 5/31/96
(4 months at $139.97 per month)
$20,574.71
279.84
C. Late cha~es for January through
May, 1996 (5 months at $17.47 per month)
D. Attorney'. fee of 5' of balance due
104.82
Total Due -
1.028.74
$21,988.21
7. Pursuant to the provisions of Section 407 of the Act of
January 30, 1974, P.L. 13, No.6, as amended, 41 P.S. 5407,
Plaintiffs demand judgment against Defendant in the sum of
$21,988.21, toqether with costs of suit and continuing interest
at eight (8') percent, unpaid taxes, insurance and late charges.
WHEREFORE, Plaintiffs demand judgment against Defendant in
the sum of $21,988.21 toqether with costs of suit and continuing
interest at eight (8') percent, unpaid taxes, insurance and late
charges.
FOWLER, ADDAMS, SHUCHART , RUNDLE
lly:
\\\,,~..l , 1,,,J.......
Michael ,Rundle
supre.e Court 1.0. No. 2776.
21 South Pitt Street
P.O. Box 201
Carli.le, PA 17013
(111) 249-1100
Attorney. for Plaintiffs
FOWLER, ADDAMS, SIIUGIIART & RUNDLE
ATTORNEYS AT LAW
P.O. BOX 20B
28 SOUTH PITT STREET
CARLISLE, PENNSYLVANIA 17013.020B
JONN I. 'OWLlR. III
WILLIAM A. ADDAU'
M'CMAlL R. IIVNDU
TELEPHONE 17171 241.1300
fAX 17171 241.1\&4
'OWUR. ADO"'''' . IHUGHAR'
.UU."...
.prCIAL COUNIEL
DALl '0 IHUOHART. "ill.
0' CaU.'IL
HONOItA.IU DALI'o IHUGHAR'
April 10, 1996
CERTIFIBD KAXL/RBCEIPT RBQUBSTED
and RBGULAR HAIL
crystal L. Zellner
517 North Pitt Street
Carlisle, PA 17013
RE: Installment Agreement of Sale dated July 22, 1992,
between Richard W. Dutrey and Marjorie B. Dutrey,
his wife, and Crystal L. Zellner, single person
NOTICE OF INTENTION TO FORECLOSE
Dear Ms. Zellner:
The above AGREEMENT held by my clients, Mr. and Mrs. Richard W,
Dutrey (hereinafter we, us or ours) on your property located at
517 North Pitt Street, carlisle, CUmberland County, Pennsylvania,
IS IN DEFAULT because you have not made the monthly payments of
$349.34 for the months of February and Harch, 1996. You also
have not made the monthly payment for April which was due
April 1, 1996. Late charges have also accrued to this date in
the amount of $52.41 for the months of January through Karch,
1996. The total amount now required to cure this default or, in
other words, to qet cauqht up in your payments, as of the date of
this letter is $1,100.43. After today and if the April payment
is not made, an additional late charqe of $17.47 will become due.
You may cure this default within thirty (30) days of the date of
this letter, by payinq to us the above amount of $1,100.43, plua
any additional monthly payments and late charqes which may fall
due durinq the period. such payment must be made either by cash,
cashier's check, certified check or money order, and made at the
office of Fowler, Addams, Shughart' Rundle, 28 South Pitt
Street, CarliSle, PA 17013.
It you do not cure the default within thirty (lO) days, we intend
to exerciae our right to accelerate the unpaid balance of the
purchase price. This means that whatever is owing on the
original amount due under your Aqreement will be considered due
i~~Ddiately and you aay lose the ch~nc~ to payofr the original
AqrC't'lh\'nt in ~onthly installl11t"ntn. If full p"ymt'nt af the amount
uf dt'r au 1 tis nat IU,t" wit h in t hi rt Y PO) !Iay.., W<' .\ 1 no intllhd to
rxHIF\tT .".
.'OWLER, ADDAMS, SIIUGIIART 8< RUNDLE
April 10, 1996
Page 2
instruct our attorneys to start a lawsuit to recover possession
of the property you are buying under your Agreement.
If we refer your case to our attorneys, but you cure the default
before they begin legal proceedings against you, you will still
have to pay the reasonable attorneys' fees, actually incurred, up
to $50.00. Any attorneys' fees will be added to whatever you owe
us, which may also include our reasonable costs. If you cure the
default within the thirty-day period, you will not be required to
pay attorneys' fees. However, if legal proceedings are started
against you, you will have to pay the reasonable attorneys' fees
even if they are over $50.00.
We may also sue you personally for the unpaid principal balance
and all other sums due us under your Agreement.
You should realize that a judgment in ejectment in favor of us
and against you for possession of the property you are buying
under your Agreement will end your ownership of such property and
your right to remain in it. If your continue to live in the
property after the judgment in ejectment, such judgment can be
enforced by writ of possession to evict you.
You have additional rights to help protect your interest in the
property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN
MONEY TO PAYOFF THIS DEBT, OR TO BORROW MONEY FROM A LENDING
INSTITUTION TO PAYOFF TillS DEBT. YOU IlAVE TIlE RIGHT TO HAVE THIS
DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the Agreement will be restored to the
same position as if no default had occurred. However, you are
not entitled to this right to cure your default .ore than three
times in any calendar year.
Very truly yours,
FOWl.ER, ADDAMS, SHUGIfART , RUNDLE
hy:
Attorneys'for-' -----. .~--.-.q
Mr. and Mrs. Richard W. Dutrey
Jar,ltl/mp
t~t:: Mr. and Mrs. R kl\,,,.t W. l)utrl'Y
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10. Denied. Defendant addresses Plaintiffs' specific
averments of default as follows:
A. Denied. Defendant denies that she has failed to make
the monthly payments for May and June, 1996.
B. Denied. Defendant denies that she paid the January,
1996 payment in March, the February, 1996 payment in April, the
March, 1996 payment in May, and the April, 1996 payment in June.
Moreover, pursuant to Paragraph 12 of the Agreement (see
Plaintiffs' Exhibit "B"), Defendant further denies that any late
charges are owed for any of the said months, except for March,
1996, as the other required payments were made within ten days
after the respective due dates. The March, 1996 payment,
although late, was paid in April 1996.
C. Denied. Defendant denies that she has failed to make
the late charge payments for the .onths of May and June, 1996.
No late charge payments are due.
11. Denied. Defendant does not recall having received
said notice.
1:1. Denied. Defendant denies that the ite.hed
a.ounts or the alleged "total due" set forth in Paragraph 12 of
Plaintiffs' Coaplaint are due and owing to Plaintiffs.
13. Denied. Defendant denies that she is further
obligated for the costs of suit, continuing interest on the
unpaid balance at a rate of eight el') per annu., unpaid
insurance, taxes and late charges.
U. AdJIitted in part and denied in part. Defendant
adalts that Exhibit "0" sets forth the aaortlaation schedule for
Defendant's loan payments. However, to the extent it is alleged,
Defendant denies that she is behind on her payment schedule.
15. Defendant admits that Plaintiffs demand judgment
as set forth in Paragraph 15 of plaintiffs' Complaint, but denies
that Plaintiffs are entitled to said judgment.
4. Denied. Defendant does not recall having received said
notice.
5. Denied. Defendant repeats and incorporates by reference
her averments set forth above in Paragraph 3 (12).
7. (paragraph 6 was omitted from Plaintiffs' Complaint.)
Defendant admits that Plaintiffs demand judgment as set forth in
Paragraph 7 of Plaintiffs' Complaint, but denies that Plaintiffs
are entitled to said judgment.
WHEREFORE, Defendant requests that judgment be entered in
her favor and against Plaintiffs, and that she be granted such
other and further relief as this Court may deem reasonable and
just.
Respectfully su~itted,
.-~
/
'~.c/~
L- .. ("
Phili~Brig'nti
Attorney for
LECAL SERVICES, INC.
. Irvine ROll
Carlisle, pa 17013
(711) 24)-9400
RICHARD W. DUTREY and . IN THE COURT OF COMMON PLEAS OF
.
MARJORIE B. DUTREY, . CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiffs .
.
. NO. 96-4999 CIVIL TERM
.
V. .
.
STATUTORY ACTION TO CONFORM
CRYSTAL L. ZELLNER, . CONFESSED JUDGMENT
.
CERTIFICATE OF SERVICE
I, Philip C. Briganti, hereby certify that a copy of the
foregoing Answer is this 8th day of October, 1996, being served
upon Michael R. Rundle, Attorney at Law, Fowler, Addams, shughart
, Rundle, 28 South pitt Street, P.O. Box 208, Carlisle,
Pennsylvania, 17013, by regular mail.
./ ,
/...~ / /'
. . /t,;>tI"1 ( .
Philip C Brigant
Attorney for Defe ant
LEGAL SERVICES, INC.
a Irvine Row
Carlisle, PA 17013
(717) 243-9400