HomeMy WebLinkAbout02-5655IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELLON BANK, N.A.
Plaintiff,
VS.
RANDY K. HARRISON and
JOY A. MURLATT,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO. 09, ~ ,._~&.~.,~'"
ISSUE NO.
TYPE OF PLEADING: Complaint
in Civil Action
CODE:
FILED ON BEHALF OF: Plaintiff,
Mellon Bank, N.A.
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis
Pa. I.D. #00501
Reed James Davis
Pa. I.D. #64343
DAVIS DAVIS ATTORNEYS
a professional corporation
650 Washington Road, Suite 510
Pittsburgh, PA 15228
412-344-0400
F:\DOCS\20848\020893\02090201.cmp JKP
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELLON BANK, N.A., )
)
Plaintiff, )
)
RANDY K. HARRISON and )
JOY A. MURLATT, )
)
Defendants. )
NO:
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the £ollowing
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 £or money claimed in thc 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 HELP.
LAWYER REFERRAL SERVICE
Court Administrator
4th FI. Cumberland Courthouse
Carlisle, PA 17013
Telephone: 717/240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MELLON BANK, N.A., )
)
Plaintiff, )
)
RANDY K. HARRISON and )
JOY A. MURLATT, )
)
)
Defendants.
NO:
COMPLAINT IN CIVIL ACTION
AND NOW comes Mellon Bank, N.A., by and through their counsel, Davis
Davis Attorneys, a professional corporation, and makes this Complaint against the named
Defendants of which the following is a statement:
1. Mellon Bank, N.A., is a lending institution duly authorized to conduct business
in the Commonwealth of Pennsylvania with one of its principal offices located at 2 Mellon Bank,
ABS0, Pittsburgh PA 15259; hereinafter referred to as "Plaintiff'.
2. Randy K. Harrison is an adult individual whose last known residence is 46
Victor Dr., Mechanicsburg, PA 17050-2917; hereinafter referred to as "Defendant Randy K.
Harrison".
3. Joy A. Murlatt is an adult individual whose last known residence is 46 Victor
Dr., Mechanicsburg,PA 17050; hereinafter referred to as "Defendant Joy A. Murlatt".
4. On or about July 25, 2000, Defendants purchased a 1997 Plymouth Breeze and
entered into a written Agreement for the payment of a portion of the purchase price. A true and
correct copy of the aforesaid written agreement is marked Exhibit "A", attached hereto and made
a part hereof.
5. The said Agreement was assigned for value to the Plaintiff.
6. The Defendants are in default under the terms and conditions of Exhibit "A"
for failing to make payments when due.
7. After notice, Plaintiffsold the motor vehicle and credited the proceeds of said
sale to the outstanding obligation of the Defendants.
8. After crediting the said proceeds, the outstanding principal balance which
remains due and owing to the Plaintiff by the Defendants is $6,197.47.
9. Interest accrues on the aforesaid outstanding balance under the terms of
Exhibit "A" at the rate of 12.25% per annum. Interest has accrued through November 15, 2002
in the amount of $1,889.57.
10. Demands for payment have been made upon the Defendants by the Plaintiff,
but the Defendants have failed or refused to pay.
11. Under the terms of Exhibit "A", Plaintiff is entitled to reasonable attorneys'
fees in the amount of $1,239.49 which is 20.00% of the amount due and owing.
WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and
severally, in the sum of $9,326.53 with additional interest thereon at the rate of 12.25% per year
from November 15, 2002 until the date of judgment and at 6% per annum thereafter.
DAVIS DAVIS ATTORNEYS
a pro~es~l corporation
By: ~/f
By: _
Reed $~s ~a~is
Attorneys for ~ntiff
650 Washington Road, Suite 510
Pittsburgh, PA 15228
412-344-0400
F:\DOCSL20848\020893\02090201 .cmp JKP
PA 23 SLCIRev 4/001 SIMPLE INTEREST
PENN'SYLYANIA
MOTOR VEHICL£ INSTALLMENT SALE CONTRACT,
PERCENTAGE RATE
[he cost of your credd as
a yearly rate
Dated JULY 25, 2000
-,,,,L Amounl Financed To~al~
Total Sale Price
CHARGE lhe amount o: credit prov{ded the amount you will have paid ane[ you lhn tolal cost of your Purchase on
the dollar amoufl{ Ihe {o you of on your behalf have made all scheduled payments
c~edil wd{ cos( you.
~f~ 1753.00
12.250 ~ $ 3764.7, 11000.02 ~ 14764.80 $ 16517.80
~nl~ m~ Security: You are glvmga security re{crest m the ~otor vehicle
~Oue ~ purchased.
4
Filing F~s: ~~ · ~ ] Prepayment: If you pay on early, you wd{ not have to pay a penaJty.
wr, ar~, 701 E. LOCUST ST, MECHANICSBuRG, PA. 17055
~ame ~T [ ~ARR[SO~ t/OR JO~ A ~s ZrpCode I{OUGHI WfrH lltlS CdNIRACT, AND/OI
VLHfCiL AND PROPERTY THAT
Y'~ ~' 46 VICTOR DR. MECHANICsSURG, PA. 17055
TRADE.IN: [J~ a, ,u,,, du, u:; and to pefh, m all al'reemcm, m thr ('~ml~ad Jt~Of Amount Fina~
tP~t=u,wmj<v,,hr~l{ ~. (.hi ', CORSICA 1G?LT53T3ME? c;~,,hPn,.(, '
~ ' .......... '?'. 5()0 0<)
.
We hereby certify Ih{,,
to be a true ~fld exhct
cgpy of the original
USED 97 I%~1~'1 ~ ~o~ ~ ~ ~, _r~r,j~ l~ ~a~
with ~A.C. ~ P.W. ~ AM-EM Tape ~ Vinyl top ...... .~
ASSIGNEE: We may assign this Confracl and Security Agreemenl to a sa~-~n~- ~ ..~ ....... ~-~
Ihe ~ntract [o a subsequent assignee. The term also re,ers Io such 5ubsequenl assl8nee. ABeT the ass~Eruner h afl ,l~hls and benehts of the
Mellon Bank
CO-SIGNER: Any person sigmng the Co.Signer's Agreement below promises separately and together wrth all Co&gneds) and Buyer(si. to pay
all sums due and lo perform all agreemenls in this Conlract. Co-Si~ner will no! be .. Owner of the Vehicle.
CO-OWNER: Any person signing the Co-Owner s Secur y Ag eemen below gwes us a securi y in e est m Ihe Vel.cie a d aRrees separately and
"Promise to Pay" sectJon.
together with all Co Owner(s) and Buye (s, to pedorm afl ag eemen s n the Securlly Agreement and all other paris ol 1his Contract exce¢ tbe
Amounl Financed
$ I 1000.02
Finance Charge
59
payments of $ 246.08
each, and a final paymen~ o
$ ~'46.08 The Ur
2000 . and (hen paymen
TERMS: The terms shown in the boxes above are part of this Contract. will be due on that same day ot each mort
MIowing.
PNOIIISE fO PAY: You agree o pay us Ihe Total Sale P ce for lhe Vehicle by making Ihe Cash SECURITy AGREEMENT: To secure the paymen of all sums due and the Performance o
Oownpayment and assigning the Trade.in. if shown above on
~s~h~eA~m.~untFman~edp~u~inte`est.Y~upr~ms~t~m~abk~f~mtheda!e~thisC~nt~a~t.and required ebb aliens undeftbtsContrac
y -~cneou,e. You p omise o make ~a-m ..... payments in accordance w h lhe parts (caJled ~ccess ons" at a ~a ~ ~Ly,,°~u,-gl,ve a. security i~teres 'n the Ve ~. ,~f
f,rst payment due da e You agree o a ~ll~ IC"t~ on or more the same day o each month as he lng Vel.cie. [nc udmq tns~ran[Ceh,~n~.~ v?lc? ~I any tater time, and in any
' PY t 1er am°un~s which may become due unde ihe lefms unl~a!d under th~s ~o.tlac{ a ~a*/x;~-=~,,~ .~n,e.~ts. stgnee may set.off.any amo~i~j~r
SPANKEY's AUTO
~Fn[R _. SALEs
[NTITIEDTOANjXA(;i,COPYOiT~ ONT~AC!
PROTECT YOI)!~I~(;AI hlCHT~q . . YOU SIGN KIll, H TO
;,n'- .._/.
j' ) ,/' ?- ,! . (';~an 07/25/~
07/25/00
r~ COt,'IPI£TLD COpy OF THIS CoILrTRAC
· ,,' her,!by comfy thls
',: [}~ a lrue a~d exact
"~PY of the original.
p~!!menl Wi, will rons~der any part ol a month in excess ol 10 days Io be a lull monlh [he
W~. r~ereby (;~3rt~fy th~s
'OPY of ~hc oriEinal
Buyer's Guide Windo'w~ticker. Il the ga[ wtuch is dusc,hed un Ihl~ lace oJ Uu', CJmh,c I ~).l~ a Huym',, (;uhh, WImlm~ ~tu:N,,I u'quued
J'rado Comrllisslou Used Car Jrade Re~[uJatlon R ~ e lhn Jollowl ~, nohce
The information you see ou Jhe window form for tills Vehicle is pail o[ this Conllact hdolrlJallOll oil the Wlfldow [orl~ OVerrides a
~O~I~E~ANy HOLDER OF T~I f
ASSERT AGAINST IT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WUICU THE OEBTOR GOUl
THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVEI
HEREUNDER BY THE DEBTOR SHALL NOT EXOEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
ms~lra~ce w, corn, er,c ~ '-:',~' I~ersons s~jrun~] e reques o ~-L',~. ....... CaRe wdl I)~ wr, en y ~,,, ~su - .L~e,d and O,sab,l,ty Insura, ce cove a.e
L t..~s~ta.~o rrJ ~ ew,.1 of . e .... ?gt~oc~ by the nsur~
,/,//' , , /'-
~VERIF~ICATION
Date: ___~/~_,R~__ __
I, Robert Yatsko, Assistant Banking Officer, and duly authorized representative of Mellon
Bank, N.A., does depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to
unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Civil
Action are true and correct to the best of his personal knowledge, information and belief.
Ro6er/YatS- Offi-'fi - r
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-05655 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MELLON BANK NA
VS
HARRISON RANDY K ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
MURLATT JOY A
unable to locate Her
COMPLAINT & NOTICE
but was
in his bailiwick. He therefore returns the
the within named DEFENDANT
, MURLATT JOY A
, NOT FOUND , as to
DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS WITH THE POST OFFICE.
Sheriff,s Costs:
Docketing 6.00
Service
.00
Not found return 5.00
Surcharge 10.00
.00
21.00
R. ~hom~s Kline
Sheriff of Cumberland County
DAVIS AND DAVIS
12/20/2002
Sworn and subscribed to before me
this 3~ day of~~
_ ~_.~ A.D.
notary -- ,
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2002-05655 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MELLON BANK NA
VS
HARRISON RANDY K ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
HARRISON RANDY K
unable to locate Him
COMPLAINT & NOTICE
in his bailiwick.
but was
He therefore returns the
the within named DEFENDANT
, NOT FOUND , as to
, HARRISON RANDY K
DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS WITH THE POST OFFICE.
Sheriff,s Costs:
Docketing 18 00
Service '
8.28
Not Found Return 5.00
Surcharge 10.00
.00
41.28
So ans~ /~-~>~ ~
R. Thomas ~li~ - ~
Sheriff of Cumberland County
DAVID AND DAVIS
12/20/2002
Sworn and subscribed to before me
this 3~_ day of /~
-- ~ A.D. /
PrOthonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELLON BANK, N.A.,
Plaintiff,
VS.
RANDY K. HARRISON and
JOY A. MURLATT,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO.02-5655 Civil Term
ISSUE NO.
TYPE OF PLEADING:
Praecipe to Reinstate Complaint
in Civil Action
CODE:
FILED ON BEHALF OF: Plaintiff,
Mellon Bank, N.A.
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis
Pa. I.D. #00501
Reed Jarnes Davis
Pa. I.D. #64343
DAVIS DAVIS ATTORNEYS
a professional corporation
650 Waslhington Road, Suite 510
Pittsburgh, PA 15228
412-344-.0400
f:\docs\20848\020893\03020401.rein RD smi
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELLON BANK, N.A., )
)
Plaintiff, )
VS. )
)
RANDY K. HARRISON and )
JOY A. MURLATT, )
)
Defendants. )
CIVIL DlXqSION
NO: 02-56.'i5 Civil Term
PRAECIPE TO RF, INSTATE COMPLAINT
TO: Prothonotary
Please reinstate the Complaint in Civil Action in the above-captioned case and mark the
Docket accordingly.
By:
DAVIS DAVIS ATTORNEYS
a professiona~
Reed
VIS
Attorney for [ aintiff
650 Washington Road, Suite 510
Pittsburgh, PA 15228
(412) 344-0400
f:\docs\20848\020893\03020401-rein RD sml
Og~ O~
CoUnTY
~ sayS, that he made
duly sworn according to laW, ,
and inquiry for the.within named ~
sheriff or Deputy sherif[ who being
a diligent search and
in his bailiwick~
CountY,
to wit:
He there[ore
pennsylvania, to
sheriff's CostS:
Docketing
Out of County
surcharge
Dep Dauphin Co
18.00
9.00
10.00
25.50
00
03/05/2003
DAVIS DAVIS ATTORNEYS
sworn and subscribed to before me
A,D.
County
sheriff of cumberland County
attached return
from DAUPHIN
but was unable to locate ~
deputized the sheriff of ~ "'-'---'
serve the within cOMPLAINT & NOTICE
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05655 P
coMMONWEALTH OF pENNSYLVANIA:
coUNTY OF CUMBERLAND
VS
sheriff or DepUty Sheriff of
who being duly sworn according to law,
cumberland county'pennsylvania'
sayS, the within ~
at ~HoURS,
at
a true and attested copy of ~
was served upon
the
on the ~ day of ~' ~
by handing to
together with
and at the same
time directing H_~er
attention to the
contents thereof-
sheriff's CostS:
Docketing
service
Affidavit
surcharge
6.00
10.35
.00
10.00
So AnswerS:
K1 ine
.00
DA/ViS DAVIS ToRNEY S
subscribed to before By:
sworn and
me this ~ day of
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELLON BANK, N.A.,
Plaintiff,
VS.
RANDY K. HARRISON and
JOY A. MURLATT,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
N0.02-5655 Civil Term
ISSUE NO.
TYPE OF PLEADING:
Stipulation for Entry of Judgment
as to Joy A. Murlatt Only
CODE:
FILED ON BEHALF OF: Plaintiff,
Mellon Bank, N.A.
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis
Pa. I.D.//00501
Reed James Davis
Pa. I.D.//64343
DAVIS DAVIS ATTORNEYS
a professional corporation
650 Washington Road, Suite 510
Pittsburgh, PA 15228
412-344-0400
f:\docs\20848\020893\03041601.1tr RD sml
STIPULATION FOR ENTRY OF JUDGMENT
AND NOW, to wit, this /tq/b day of ]/}~r2 ,2003, it is
hereby agreed by and between Mellon Bank, N.A., hereinafter the Plaintiff, by Davis Davis
Attorneys, its attorneys and Joy A. Murlatt, hereinafter the Defendant, that:
1. Plaintiff shall enter a judgment against the Defendant, Joy A. Muflatt in the
amount of $10,083.51 and record the same with the Prothonotary of the Court of Common Pleas
of Cumberland County at No.: 02-5655 Civ, and that said judgment shall bear simple interest at
6% per annum fi.om April 14, 2003.
2. Defendant shall make payments against this judgment. Defendant shall make
monthly payments in the minimum amount of One Hundred Seventy Five Dollars and Zero
Cents ($175.00) per month beginning on the (Circle one) 3rd, 9th, 15th, l~27th day of April,
2003, and continuing on that same date of each month thereafter until the amount of the
judgment, interest and court costs are paid in full, except as said payment may be increased under
the provisions of paragraph six (6) of this Stipulation. Upon payment in full of the judgment,
court costs and interest, without default, Defendant's obligation under the terms of this
Stipulation will be marked satisfied. Should Defendant enter bankruptcy or sell any real
property, whether voluntarily or involuntarily, then the full remaining balance on the judgment
shall become due and payable at once, interest shall accrue at the aforementioned rate and the
Plaintiff shall no longer be required to accept monthly payments.
3. Defendant shall make checks for the monthly payments on the Judgment
payable to Davis Davis Attorneys and send these monthly payments to the offices of Davis Davis
Attorneys, 650 Washington Road, Suite 510, Pittsburgh, Pennsylvania 15228.
4. Plaintiff shall apply each monthly payment received in accord with paragraph
two (2), to interest upon the judgment and then to the reduction of the principal.
5. If Defendant fails to make any of the payments required in this Stipulation,
within thirty (30) days of the due date for said payment, Plaintiff will be entitled at its discretion,
to enforce the judgment against the Defendant for the amount then due and owing plus interest,
and Plaintiff will no longer be required to accept monthly payments.
6. Defendant agrees to provide full financial disclosure of income, assets and
liabilities to the Plaintiff along with the Stipulation For Entry of Judgment and every six (6)
months thereafter, while the judgment remains unpaid. Said disclosures shall include a copy of
the tax return filed for the year prior to each disclosure. Defendant agrees that the payments due
under this Stipulation shall be adjusted upward should his income or asset, upon any review, be
greater than as represented in this Stipulation or in subsequent review. Defendant further agrees
and understand that failure to make such disclosure or failure to make monthly payments shall be
a breach of this Stipulation. Upon such breach Plaintiff may, at its discretion, choose to enforce
the judgment against the Defendant for the amount due and owing plus interest, and will no
longer be required to accept monthly payments.
7. This Stipulation constitutes the entire understanding of the parties and
supersedes any and all prior discussions or representations other than those expressly set forth in
this Stipulation.
8. If any clause of this Stipulation is held to be invalid or unenforceable by a court
of competem jurisdiction, all other clauses shall nevertheless continue in full force and effect.
9. The Stipulation shall be construed and enforced in accord with the laws of the
Commonwealth of Pennsylvania. By their signature to this Stipulation, each party submits and
consents to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania,
throughout the term of this Stipulation, and agrees that any and all further proceedings relative to
this Stipulation take place in that Court.
By:
Agreed to by
Davis~is Att orm-~2~
a ~ife~nal i~rP°~
Reed J:es~is
fi\docs~20848\020893\03031801.stp RD
Dated: ~/~/t~.3
Joyltl~Murlatt,t Defendant
Dated: "~//~0 /tgJ