HomeMy WebLinkAbout00-03071
~ ':"'" '~
-, '"" ,," '.
..' '0" , ," ~"" eo:; ",,' ";.;-- ,", " ;,,; ;""" ..,
"r"",+"};>;"<~,,,,,~,, ,- """',
;j
I
I
i
I
I
!
I
I
,
I
I
I
I
I
:1
II
i'
"
[I
II
,i
II
!
ALLFlRST BANK
f/d/b/a Dauphin Deposit Bank & Trust Co.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlIA
NO. 00- 30'7{
CULL ~'\.
vs
CIVIL ACTION-IN LAW
JOHN W. REDMAN,
Defendant
JURY TRIAL DEMANDED
TO: John W. Redman
1 91 5 Princeton Avenue
Camp Hill, PA 17011
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.
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en
las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la
demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentJlr en
la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra.
Se Ie avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su
contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja
o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI USTED NO T1ENE 0 NO
CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO
PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone 800-990-9108
" ,-'
,<"
I, ,"-
,'.'",,~,c "" ,,),,~'-~'''''';..;~:,~''''' ",.;;, ",.; _",.;> ' _"',,_
ALLFIRST BANK
f/d/b/a Dauphin Deposit Bank & Trust Co., :
Plaintiff
vs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. g,o - -.36 7/ (l;;J ~
CIVIL ACTION-IN LAW
JOHN W. REDMAN,
Defendant
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, TO WIT, this 15~ day of ~ 2000, comes the Plaintiff, AIIFirst
Bank by and through its attorneys Griffith, Strickler, Lerman, Solymos & Calkins, and files thil: its
, Complaint against the Defendant, John W. Redman, and in support thereof states as follows:
1 . The Plaintiff, AIIFirst Bank, is a federally chartered bank duly authorized to conduct
business within the Commonwealth of Pennsylvania, whose business address is PO Box 17103,
Baltimore, Maryland 21203.
2. The Defendant, John W. Redman, is an adult individual residing at 1 91 5 Princeton
Avenue, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On or about January 19, 1996, the Defendant executed a Note and Security
Agreement, The terms of which are stated in the Note and Security Agreement. A true and
correct copy of the Note and Security Agreement is attached hereto, made a part hereof and
marked as Exhibit "A"
4. Defendant tendered payments to the Plaintiff all of which payments Plaintiff
credited to the Defendant.
5. The Defendant defaulted on the Note and Security Agreement by failing to remit
agreed to monthly payments to the Plaintiff thereby rendering the full amount due thereunder,
immediately due and payable.
2
, "'"" '-',iI: ". ~~" 'o.i>'>'i
, .
6. Due to the foregoing, the Defendants remains owing a principal balance of Fifteen
Thousand Two Hundred Thirty-Nine Dollars and 49/100 Cents ($15,239.49) plus interest and
costs to the Plaintiff.
7. Pursuant to the terms of the Note and Security Agreement, Plaintiff has added
attorney's collection fees in the amount of Two Thousand Two Hundred Eighty-Five Dollars and
92/100 ($2,285.92) to the Defendants balance due.
8. Plaintiff has demanded payment of Defendant deficiency balance, but Defendant
have refused and continue to refuse to pay the same or any part thereof.
9. The amount in controversy herein requires mandatory reference to arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its
favor and against Defendant, Kevin M. Chivers, for the sum of Seventeen Thousand Five
Hundred Twenty-FIve Dollars and 41/100 Cents ($17,525.41), together with interest and
costs of suit.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
By:
(2M ~./~A/W
ROBERT A. LERMAN, ESQUIRE
Supreme Court J.D. #07490
Attorney for Plaintiff
110 South Northern Way
York, PA 17402
(717) 757-7602
-)
---
3
, .
EXHIBIT "A"
,---
~ ."",",-W;bi,;,<'I,,,",,
"." ~
'"
"'J
Name of Borrower(s)
JOHN W f1EDMAN
PATRICIA ANN RfDMAN
NOTE AND SECURITV AGREEMENT,
ORIGINAL
761UWlSDIRIlYRD
Street
LEWISBERRY PA
City State
Branch FairviewOffic8
17339
L\IICod\:.
temlZatlOnof Amount mance
ANNUAL FINANCE , Amount Financed Total of Pa~ments Am~unt Financed
PERCENTAGE CHARGE, Th8 smollnl oferedil provided 10 The amount youwil hevepaidafteryou $ 17,646.18
RATE , lhadoUaramotlllttl\e yOl.l nr 011 YOUf behalf. rnwem8d11sllstlleduledlllVllMI\\S. AmoullIgiventoyoudireclly
The cost of YOl/reredll a~ credil will cost you,
a yeafly rate. $ , 188.90
9.49 % $ 9,149.92 $ 11,546.18 $ 21.396.00 Amounl paid un your account
$
Your Payment Schedule will be: Amount paid 10 others on your behalf
NumberolPaymellls Amount 01 Paymenls When Payments Are Due I topubllcollit\als
120 228,30 ont y. eglnmng FEBRUARY " 96 $
Security: You are giving a security interest in: to instlrance company
o the goads or property being purchesed. $ 1,646.18
lX]lbriefdescriptlonofotherproperty) (Real Estalel " ATTUNIVERSAl
Fees $ 30.00 SAltSFACllON FEE UNPAIO $ , 574.'H
" CITlBANKMC
Assumption: Someone buying your home cannot assume the remainder 01 this loan on the original terms. $ 3545.72
late Charge: If B payment is late, you willbll tl'larged 5% nf the Jl8Vrnent not to BlCeed WiO!). " DISCOVER
Prepayment: If YOll pay orf early, yuu will not have to pay a penalty. $ 3 379.71
See your entile l\Iole end Sllturfty AlIreement lor any additional infonnation about non\loymant, delault, any required repayment in fuR to OVC
belorelheschedulllddaleandprepaymentrelundsllndpena1tles., "a" means Ilstimatll $ 693.68
The Annual Pe,rcentage Rate, Amount FhulIlcetl ant.! Payment Schedule shown above 'are part of Ihis Note and to CHEMICAL BANK
Security Agreement (which is called the "NoteU). You are the person (or persons) who signs below as uDorrowet~ $ 6617.06
or "Co-Signer." If more than one person signs below, each will be liable, separately and together, for all promises in t.
this Note. DAUPHIN DEPOSIT BANK AND TRUST COMPANY $
YOU PROMISE
TO PAY TO US: 213 Market Street Harrisburg, PA 17105 to
or to our order, at any of our oft-lees, the Amoun! Financed, plus interest as rrrovided below, in the numher of equal I
monthly payments shown in the Payment Schedule. Pa&menlS are due beginn ng on the dale indicated in the Payment
Schedule and on the same day of each following mont until we are paid in full. You may pay in advance all or part to
of the balance due at any time without penalty or premium. I
Dated JANUARY 19, J9....2L.
SECURITY AGREEMENT: As security for the prompt paymeO! of fhe
sums you owe and the proper performance of your promises in this NOle,
you and aU fhe "Co-Owners" SIgning below grant us:
(i) a security iO!erest in the following'personal property, and its
equipmen! and accessories:
now INTEREST IS CHARGED: The Finance Charge consist~ only 01
interest imposed daily on the oUfstandinB balance of the Amllunt Fjn~nced
, at the Annual Percentage Rate, The Fmance Charge shown ~hnve was
figured by assuming that all payments, were received on lheir due dales. It
any payment is la\e, you must pay more Fil\l\l\ce Charge \hall is sl\\\wlI
hecause of the additional interest imposed. If you pay early, the Finance
Charge will be less. The amount of the increase or decrease in Finance
Charge will be due with the last payment, which wilt' be modified tll reneet
the aClllal amount then due,
SET~OFF: The law gives liS a right of set..off in any of your property ill nul'
possession at any time, including deposit accounts. This menns tllnl. if you
default, we may exercise our tight of set-off and apply any of your prnpeny
in our possession, including deposit accounts, to the sums you owe on this
Our securily interest includes parts, called "accessions," added 10 the Note.
j\ersonll.! {lroj\erty at any (ater time. FLOOD INSURANCE: If this Note is secured by improved real e"lale \)f 11
(ii) a Mortgage on 7fi71EWISBEnRYRD mobile home, which is located in a nood zone, nood insurance is rcquired
lEWlSBEIlRY PA 17339 for the full term of this Note.
AU the' property which s'ecures this Note is called the ~Collateral.~ Our PROPBRTY INSURANCB: If this Note 'Is secured by Collateral which is
rights 'and your responsibjljt,ies regarding llny personal property Collateral not in our possession, insurance against physical damage fO thl,l Collateral is
are provided in this Security Agreement, which continues on the reverse required for the fullterm of this Note.
side. Our rights in any real prop'erty Collateral !ire qntainl?d in the FLOOD INSURANCE AND PROPERTY INSURANCE MAYBE
Mortgage. At your expense, you WIll cooperate and JOIl1 With us In slgmng T U OK OR or ER I SON
and tihng documents and m takinft any other steps which we deem OBTAINED, Him 'GR ANY AGENT,. BR ~R II " '~R .
necessary 10 perfect, maintain perfection of, and satisfy our security OF YOUR CHOICE. Se.e Insurance m SectIon 2.4 of the SccurHy
mterest 1I1 the Collateral. Agreement on the reverse SIde.
AUTOMATIC PAYMENTS: IX! IfchecJced, you request that all monthly payments due, including late payment end returned item charges. on this Note
be charged to and paid from your Accoullt No. 19847300. You authorize us to automlltically pay each monthly payment when due from that
Accounfbeglnnlng , '4 ~A and conlinue until all sums owed on (llis Note have been paid \n ful\.
CREDIT INSURANCE IS NOT REQUIRED: Subject to acceptance by the insurer named below, credit insurance is available through us for Ihe tcrm
oftnis Note at the costs shown below. Single Credit Life and Single Credit Accident & Health Insurance are available to aoy one Borrower or Co-signer
signing below for insurance. Joint Credit Life and Joint Credit Accident and Health Insurance are available to any two of you signing for such insurancc
below. No credit insurance will be provided unless the approprillte statement(s) is' signed 'by the Buyer(s) to be insured and the costs shown below art
included in the Amount Financed. (See the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side).
fly signing, you want Single Credit Life Insurance, which By signing, you want Single Credit Accident & Health
cOSls$ What is Insurance, which costs $
your age'}
Years
1.
z.
J,
What is
your age~
Years
Signature ofbolh Buyers to be insured for Joint
Credit Accident & Health Insurance.
US LIFE CREDIT LIPE fnsurance Company, Schaumburg, Ill. 60173
THE ADDITIONAL TJiRMS AND SECURITY AGREEMENT ON TIlE REVERSE SIDE ARE PART OF TIllS NOTE.
BY SIGNING BELOW, YOU lNTEND TO BE LEGALLY BOUND BY ALL OP THE TE.RMS OF TmS NOTE.
YOU ALSO ACKN WLE G ~EIY~~ !W8MPLEfED COPY OF THIS NOTE.
'[/iLLLUUA oLtQ!LIIIU'ILy) y 0...:,.e;_ ,
Willless e' 19nature I~ J'
CU lob UliL'lU /IU'-U'/ U'..A1{~I'--"
W\lnes~ Borrower's ignature
Credit 'Ufe--.
Signature of Buyer 'to be Insured tor Smgle
Credit Accident & Health Insurance.
WIlMare
your ages'!
By signing, you hmh walll )\)lIlt CredIt Aceid<:n\ What an: i'crc:'ll]:lI!': \q
& Health Insuf!mce which costs $ your ages" he i11~llred
0'
r2--
17
%
%
(S'EAL)
(SEAL)
(SEAL)
(SEAL)
Witness
Borrower's Signature
WItness
BAN,ONSUMERFORMP,\SI39.SI.c.n.(Sl91)1L-35-l
Dorrower's Signature
NOTICE: SEE REVERSE SIDE FOR IJl.IPORTANT lNFORMATION.
\0) 1991 BANCONSUMEIl ~f:lI\'ln..I~j"
~j~_i!;;,j~~ail~!!'S ''-'' '~.o:.~""H',;'~M!-i*,i!l!"",.rmiA~',~Wftl:{j:'.M"'J fl""m''''~fl;;'",j,;'<i,fA,lii&(fiiil-:!1ii.'1lkiii~jl!llIf_!!~'I!;~I'll~lilJh.4d~,.li,,i1i'~lih!Jb';l\~"waM:&.M.4H".I"ja.l"I!I,'"'c.~~iifrjl!ji~1~~l!!iliIiIlll
ADDITIONAL TEUMS
IJI~FAUI.r: The following are each "Defaults": reriodi~ statemenlS issued, lherefore, no receipt will be issued nor mailed
(i)Yli!.llil;! w m.:ke allY pllyment 10 us 011 or before the day il WJllCS at the Inne these.tral\sfers/p~YlTleols ~ccur. Tr,ansfers scheduled.for dates
UU!!' lhat are non-busmess days tor us will be processed 01\ the bUSluess day
(!!)Ymi p'!,uvide us with false i!lformation or signatures at any time; following the requ~sted date, ,Thi,s authorizalio~ will be' effective Ilntil we
(HI)YUU ule or become legally lIlcompetent; . receive written nollce ofternunallon or change U1 the terms oftbe transfer
(iV)Yil~ dl? not,prolJlpt!y and properly perform any of your promlses?r from you. We may temlinate this agreement with thirty day~ wr!tten notice.
ohhgll110nS In tIus Note, the Security Agreement, tIle,MQrtgage, or 1lI The service will be discontinued after a second overdran vIOlation occurs.
mlY Dlher nole or agreemenf you now or later IlJlvC WIth us; , ' " N
<'j You cllllnot'pay' any of your debts as they come due; MULTIPLE PARTIE,S: If tIlere LS more th!ln ?ne Borrower o,n t liS ote,
(v! The Collateral is lost, stolen, dama ed or destroyed; . ,or one or more Co-Slgners. all of your obhgatLon~ SIIl~1I be, primary. Each
{vii The Collateral is sold, transferre~, leased, given or delivered, 111 will be liable, separately and togetIler, for all promises In this Note.
whole 01' in p'art, to a person who is not a party to tIle Security
Agreemenl or Mortgage; WAIVERS: If we declue the unpaid balance of the Note and, earned
(V!iilPWCI;edillgs al7 begun under the D-ank[lJpICY Code py or against you; intelest to be jmmedjate~y due and p~yabJe, you waive your nghts (0
(LX Any Judgment IS ente~d of record agal1~st YOUj o,r. require us to do certain t1UllgS. Those thmgs are:
(x Any of your property IS attached or subject to oemg forfeited. ' " "
DEFAULT AND REQUIRED PAYMENT iN FULL:, If an)' . Default Q) to d~malld payment of amounts due (known as p~sentment);" ~
occurs we may if we choose "accelerate" the maturity of tillS Note, (11) to give notice that amoullts due have not been paid (known as notice
This nie:llls we may declare the entire remaining unpaid balance of the of dishonor"); and
Amount Fi~allc~d and ea~ed incerest to be imme(liately due l!-od P,arable, (iii) to obtain an official certilication of nonpayment (known as "protest").
However, Lf tins Note IS secured by a Mortga,ge on resldenlla real
property Collllteral, if re~uired by law, we win first send you a timely NO NOTICE OR LOSS OF RIGHTS: We can do any Qf the following,
notlc~ of tI!e Default, advi~ing,y.ou of your right to c,!re, the De{ault and, of without telling you or losing any rights against you or tIle CoUateral:
our UllenllOn to take action If you do not cure wtthm the time period , d k d' 'd' '"" . I . .1
prmidcd in our notice If we file an action to collect amQunts in Defaull (I) accept a check o~ other or er mar e. :'pal III u or Will Slim ar
rllu also ~gree to pay ael of our court costs and our reasonable attorneysl " i<!"BlJage,a,s a par~U1J ~YJlleJltlJnder UmNole; , .
fees uf 15% (If the amount due. Our right to collect attorneys' fees may (lI)~ve ,aijdll1onal time for payment of allY amount oWlIlg under thIS
he limited during any cure period provided by law. We will continue, :md ." ote;. . , . 'h'
yon agree we may continue, to impose interest daily on all sums owed tQ (Ill) exert:;lse, give up or delay exerclsmg any ng t agal1lst any person or
us at lhe rate provided in this Note untit we receive payment in full, even . property; . d d ,. N .
if we have obtained judgment against you. (lY)atld qr release any person or prqperty ol]hgate un er tllS ot~,
lATE CUAlWE: If any payment is not made within 10 dllYS of its due (V)OI fall 10 protect or enforce our mlere!tJlI any of the Collateral,
date, we will charge and you agree to, pay a late payment charge of5% Qf RISK OF, LOSS: You will remain bound by this Note even if the Collateral
the amount of the late payment not to exceed $15,0.0. is lost, stolen, damaged or destroyed.
RETUll'YED IT~M CHARGE: If ,any payment for any amounts owed BENEFiT AND BURDEN: All of tIle benefits of this Note shall favor us,
under lh~s Nole ls,relurned! YOIl wII.1 be charg~d" and y?? agree to pay, our successors and assigns. The obligations shall bind you, and your
$10.00 tor eacll retum~ Item. ThiS cltarge IS in addlllon to allY late heirs, personal representatives and assigns.
[13ymel1l charge you may mcur, '. . .
I'AYMIINT OF FEES TO PUBLIC OFFiCiALS: You agree to pay any NOTIC~S: Unless otherwl~e reqUired by law, each ~e1lland or notice
oml all r~es for th~ perfection, continuatio1l and satisfaction of our under tl1l~ Note shall be d,eltve~etl or sent by re~ular mall, addressed to t!le
securitl' int~rest in either personal or real property. party at ,ItS ~~dress PfQvld~d 111 thiS Nole. Either party may c~18nge lis
AVTliORI7.ATION POR AUTOMATIC TRANSFER.. You agree to aoide ad~res~ by gl~lIlg such a notIce to the other party, Reasonable nohce, when
oy our rules concerning automatic transfers. This service is subject to all nollee IS reqUIred, shall be deemed to be 10 days.
fUlure st<ite allll federal regulatory changes in addition to changes in our LA W: Tbis Note will be governed by the laws of the Commonwealth of
Rules, Hegulations and Fees. The transaction will be itemized Oil the Pennsylvania, and any applicable federal laws,
SECURITY AGREEMENT
SECTlON I, LOAN AND COlLATERAL. When you sign this Nole and interest as provided in this Note, If you fail to honor your promises to
deliver it to us, and complete the other required details, we will make a maintain insurance in effect, or to pay fili~ fees, tax.es or the costs
loan tll YOIl. This Security Agreement applies only to the collateral as necessary IU keep the Collateral in good condltlon and repair, we may, if
described "Olhe front side of ihis Note. As used in the fOllowing sections we alone choose, advance any, sums you promis~ to pay, and o~tain
of this Security Agreement, ~you. also includes any Co-Owner of the replacement insurance. However, any replacement lllsurance we obtal1lto
Co"at~ral. cover loss or damage to Ille Co,laleral may he limited 10 an amoUll1 not
SECTION 2. YOUR OTHER AGREEMENTS. 2.1 OWN, ~ELJ.-, ETC. greater t1.lan what you owe on tins Note. A.ny amo.unt we a~vance on your
You VWI1 the Collateral free and clear of all liens and security I1lterests. behalf Will be added to the balance on which we Impose Fmance Charge,S
You will not sell, transfer, lease, give, deliver or otherwise dispose of the at the .Annual Percentage"Rate of U,is Note, and may be repayabl~,: (I)
Collaleral. ill whole or in Ran, to any person who is not a 'party to this immediately on demand; (11) along With y~ur monthly payments; or (iiil at
Security Agreement. You will not pennit any lien or security mterest to be tIl~ end of the Note, as ~ve alone may specify. Our pay,melll,s on four beh~lf
obtained un lhe Collateral olher than ours. WIll not cure your (allure 10 perform your promISes III tillS Seclfnty
2.2 MAINTAiNING THE COlLATERAL, At your cost, you will Agreement. , ... .
maintain lhe Collateral in good condition and repair, You will preserve it 2,7 INSPEf;:llON, You will permIt us to Inspect tIle Collateral at any
ag:Linsl luss ur damage. You will pay all talles and other charges on tile reasonable tune. , ,
Collateral. You will not use the Collateral illegally or for hire. SECTION 3, NO LOSS. OF RlG,HTS, The Note and thiS Secunty
2.3 DEPOSiT ACCOUNTS. If the Collateral consists of a deposit account Agreement m,ay be negotIated, assLgned, elltended or renewed by us
or certilicate of deposit, we may refuse to allow you to close the account WIthout releasmg any o.f you or the Collateral. We 11]ay add ?r release any
or withtlraw any sums from it. If the account or certificate of deposit p~rson or property ,0bhg~led under the Note and tIllS Secunty Agreement
maturl!s while the Note remains unpaid, we will automatically renew the wlthoutlosmg our rights m the C;ol1ateral, ,
deposil for the same time period, as provided in the deposit agreement, S~CTlON. 4. DEFAULT. A dela~lt under the Not~ will be a Defau,lt under
unless you and we agree that the deposit should be renewed on other tillS SecUflty Agreement. In add,lIlon to all tlt~ rights and remedies, of a
(erms. TIle renewed certificate or account shaff be Collateral subject 10 secured party on defaull wlliCh are pro.VIIJed, under tbe Umform
this Security Agreement, CommerCial Coqe, we d~c:lare the Nole to be ImmedIately due and payable
2.4 INSURt\NCE. While allY sums are owed on this Note you will carry under the followmg condItIons: , '
insuran(:e on any Collateral which is not in our possession against fire, 1.1 APPLiCATION qF DEPOSITS. We may apply any dep'oslts Illcluded
thefi and IlIher casualty. The policy must contain a deductible clause and 111 the Collalerl!-I against tl}e sums th!'l Borrow~r owes on tnls !'late. If the
be in an amount and with an Insurer tIlat are slllisfactory to us. The policy Colll!-teral consIsts lJf a lime depo.slt ,or cef!.tficate of depOSit, we may
must name us as the "loss-payee.. The policy must provide that any lQSS teml!f1ate die depOSit before matunty to ~allze on. the Collateral. If ':Ve
is to be r,ayable to you and to us as our interests aPl?ear, It must also termtnat~ the deposit, t~e contra~t of depOSit or app,hcable law may reqUire
prnvilk tmt we be gIVen not less than 10 days prior wntten notice of any that we Impose substantial penaltles for the e~rly Withdrawal.
cancell<llion or reduction in coverage for ally reason. On request, you 4.2 SURRENDER OF COLLATERAL. W,e may reqUire y~u to surrender
~h',1I deliver lhe policies certificates or other evidence of insurance to us the Collalerallo us at a reasonably COIlVlllllent place we deSignate.
i '" . " ( 1 'd I C I' I 'II '__~' ," 4.3 PEACEFUL REPOSSESSION. If you do not surrender the Collateral
J'll) ,~ e~efll 0 ,~ny ass or 8mag-e to I te 0, atera I you WI Iu""",,ulale Y to us, we may take possession of it, with or without legal process, ill
1 tlly us 111 ,"."rltmg and file a r.roof of 10ss with the Illsurer. We may file a accordance with IllW, You authorize us to peaceably enter on any premises
proof uf luss un your behalf If you fall or refuse to do so. We may also where the Collateral may be located for the pnrpose of taking possession
~Ign your name to .any check, drafi or other order for the paymen~ 1f and removing it.
I1lsurall~e rroceed~ III th~ event?f loss or dllmag~ to the Co]]ater,al. If It IS 4.4 EXPENSES OF REPOSSESS/ON AND STORAGE. We may charge
~cllnonuc311y fe~slble, III our Judgment, we will. apply th~ IlIsurance you our reasonable expenses ill repossessing, transporting, repairing,
procee", IU repaLr or replace tile Collatera!. OtherWIse, we Will apply the storing and selling the Collateral so long as they are allowed by law.
proceeds l'lleduce the sumsy,ou owe on 1111s Note. , , 4.5 SALE OF COLLATERAL. We lllay sell, assign or deliver the
~.5 No.TlNG OUR SECURI~ INT,RREST, If ,a cenifieate of ,title IS Collateral at one or more public or private sales, We will give you
Issued 'or lhe C~lIateral, y.ou Will assIst us In haVing out,securlty mterest reasonable notice of the lime and place of sale. We may purchase the
mlled, Ill1lhe certllicate of title.. ,Collateral at tIlat sale, free of anr equitable or legal right or claim you may
2,6 10lf,R AUTHORITY TO US. If you fad ,to do what is. reqUIred of you have in Ihe Collateral, We wil apply the proceeds or sale first 10 our
hy ,Se~llons 2.2, 2.4 and 2.S, we may, If we ~Jioose, perform your expenses and tIlen to the sums you owe on this Note, We will pay any
nbligallllll,s llnd pay such costs and expenses. ,We will add t~e amol!.l1ts we surplus to you. If a sum is still owed to us, you and Co-Signer must pay It
advance wlhe sums the Borrower owes on tillS Note, on which we Impose 10 us.
, NOTiCE OF PROPOSED CREDIT INSURANCE
The Sigller{s) of this Note hereby take(s) notice that Group Credit Life Insurance coverage andlor Group Credit Accident and HealtIl Insurance
covel'age, will be applicable to Ulis Note if so marked on tlte front of tIlis Note, and each such type of coverage will be wriUen by the illsurance
complll1Y named. This insurance, subject to acceptance by the insurer, covers only Ule person(s) signing Ule request for such insurance. The amount 0
chargc is indicated for each type of credit insurance to be purchased. The term of the insurance will commence as of the date the indebtedness is
incorred or on the date from which the interest or Finance Charges accrue, if later, and will expire on the original scheduled maturity date of the
inrJebtedness, Suhject to acceptance by the insurer and within 30 days, there will be delivered to the insured deblor(s) a certificate of insurance more
furry describing Ihe insurance, In the event or prepayment oftlte indebtedness, a refund of insurance charges will be made when due. ,
NOTICE..ANY HOLDER OF TillS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
WHICH THE DEBTOR COULD ASSERT AGAINST TIlE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY IlEREUNDER BY THE DEBTOR SHALL NOT EXCEED
A~IOUNTS YAlD BY TIlE DEBTOR HEREUNDER.-
"'Does not all ply If purchased for commercial or agricultural use, If this loan is applied In whole or substantial pllrt to a purchase of goods or
service from a seller who is affiliated with Bank by common control or business arrangement, (hen I have UIe rights set forlh under "notice"
shown above.
DANCONSlIMI:RIOltM PA.SlJ!J..'iLC-$.lo(8I91) NOTICE: SEE FRONT SIDE FOR IMPORTANT INFORMATION
"
. .
, ~,
"~.
"
~..,". ';;:'.' ,", ,,',,",' e,';"'.-"'>b';",'~']' '"-,, 'cO, , "'__'~
, .
.
ALLFIRST BANK
f/d/b/a Dauphin Deposit Bank & Trust Co., :
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
vs
CIVIL ACTION-IN LAW
JOHN W. REDMAN,
Defendant
JURY TRIAL DEMANDED
VERI FICA TION
I do hereby verify that the facts set forth in the foregoing pleading are true to the best of
our knowledge, information and belief, upon information supplied.
I understand that false statements made herein are made subject to the penalties of 1 8
Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities.
ALLFlRST BANK-Rex Palmer
BY, ~~ ~alkp(
TITLE: Retail Bankine Officer
DATE #'K//}~
4
".
,',
'""
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03071 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK
VS
REDMAN JOHN W
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland county, pensylvania, who being duly sworn according to la~~,
says, the within COMPLAINT & NOTICE
was served upon
REDMAN JOHN W
the
DEFENDANT
, at 0013:30 HOURS, on the 8th day of June
, 2000
at 814 BRIARWOOD LANE
CAMP HILL, PA 17011
by handing to
JOHN W. REDMAN
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
So Answers:
r~~2,1
R. Thomas Kline
06/09/2000
GRIFFItH, STRICKLER, LERMAN
Sworn and Subscribed to before
me this 020 JE:. day of
~ c.2OVV, A.D.
~C.Ih"I;', ~
Pr honotary /
By::
7~
Deputy
bf