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Home My WebLink About97-06082 ... ( "l It ~ i I , " If! " ' I I ~ ~ ~ ~ C ~ ~ i i I ) I / / / LEONARD, TILLERY & SCIOLLA BY: KEITII N, LEONARD. ESQUIRE STEVEN K, EISENBERG, ESQUIRE ATTORNEY NO, 32963 and 75736 1515 Market Street. \81h Floor Philadelphia. PA 19102 Telephone: (215) 567-\530 Key Bank, N,A. 54 State Street Albany. :-lew York 12207 PlaintilT vs. Sushill C. Shanna 441 Sioux Drive Mechanicsburg. Pennsylvania 17055 DeFendant(s) Attorney for PlahllllT : IN TilE COURT 01' COMMON PLEAS OF : Cumberland Counly, Pennsylvania : NO. ,] 'I, {" 0 r..l (' (;" i 'r.. t.... : CIVil. ACTION : ACTION (,OR UREAl'lI : OF CONTRACT NOTIn: TO llI:n:NO COMPLAINT. CIVIL ACTION - NO'l'IO: '1'0 m:n:NIl "NOTICE "You have been sued in court. If you wish to defend aguinst the c1l1ims sd forth In the following pages. you must take action within (20) duys aftcr this cumpluint lll1d nOlice un: sc['\'cd by entering a written uppearoUlcc personally or hy attorney null filing in writing with the court lour ddenses or objections 10 the claims set forth against )'uu. You IIrc warned thlll if you fail 10 do so the case may prUl.:ccd witiloul further notice for noy money cluimcLl in the complaint or for an)' other claim or relief n:qucsh:d h)' the plaintilT. You may lose money or property or ulher righls important to )'ou. 'YOU SIIOULD HKE TIllS ~APER TO YOIIR LA WYER AT ONCE, IF YOII DO Nor IIA VI; A LAWYER OR CANNOT AFFORD ONE, (~lTO OR TE1.EPIIONE TIlE OFFICE SET FORTllIII'WW TO fiND OUT WIIERE YOII CAN GI'T IHiA1.IIHP Cumberland Bar AssOl.:ialion 1.A WYER REFERRAL SERVin Two I.iberty A\'cnuc Curl isle, Pennsyl,ania 1711 13 7172493166 ",IVISIl "I.': hlln ll~'lIllllhlilllll U "'lc\1 en III ';lIrt.:. SI u!lh:d quh:r.: dcfe:ncc !il: de: c,hl' lll:l1Iillhh ~"'1tlc'hn l.''' hi" rllylnll!l slaulentcs. Usted llcllc \Cllh: (WI lJllt",ll.: 1,11lI1I "' rllrt1r de lu rC:lo:hu de 18 demnndn )' Illlltllilh:lllitlll hll,'" fillln 1I,,,,nIIlT Ulhacumrllrem.:la escrlta 0 en I""f\tlllll II t.:nll un Ilht'a1ll\ln )' .:ntr"'ilur u In curte en fonnll escrita nt' Jt:ft:II'II'l n '11'11 uhjcdullt:" lalll\ ..h:nuanJlL\ en conti'll de su ~f\t"Ha, S", 11\ hlh1lllllle ", u,ted II:' !foe tlcl1.:ndc, In corte lomara 1lIcdillla,,) JHle..tl.! \'tlIIIIIIIIIIT III ..I", I1lUndll cn cunlN suya sin pre...io u\'bu II nnlil1\'l1tilln Alle lIua\ 1I1o:IIrtc ruedc dctldlr a fa...or del llcllllllltllmh: ) fClIUII:It: qll'" ""It:d CUl1lrllllo:Un 100M IllS provisloncs IlfII\ l,hll1c' ,1\: C\lIllll:lIIll11..lIl. ')"Icd rllede perlh:r dincro 0 sus rrurietll"Il:' II IItft" lI~"......tlll~ IlI1rtlrtllnlcs para U5lcd. 'III'VI' I SJ,\ III MANIl" A IIN AIIIKIAIKIINMEIJIATAMENTE, SI NlI III NI AIIIMIAIMIlI SI NlIIWNI' 1'1, DINEROSUFICIENTE Ill' l'AlIAM IAI SI RVll'llI, VAYA I'N PI;RSONA0 L1.AME POR 11111 lINlI A I A 1I111'1NA l'IIY A IlIRH'l'ION SE ENCUENTR,\ IS('RarA "MHII',\MA AVI'RI(jIlAR IXINIII; SE PUEDE rllNSllilllM ASlSII'NI'IA I UIAI. ^~Ml\'lu.;lnn I h: I.iccnJhaduJ I>c l'umbcrlllOd SI R VII' H . IIi: RIH Nl'I" I; INI'lIRMACION 1.EGAL 1'"" 1,ll>cny Menue l'urll,le.I'enn'yl,uniaI71113 717H'I,lIM ~ourt. 1I0wcvcr. you havc thiny (301 days to disputc thc dcbt in writing to thc undcrsigncd ~ounscl for Kcy Bank. 5. If you do not dispute thc dcbt averred hcrein, or any ponion thcreof, in writing, within thiny (30) days, the debt will be assumed to be valid. If you notify the undersigned counsel for Key Bank in writing of some dispute as to the validity of this debt. in whole or in pan, within the thiny (30) day period. ~ounsel will provide you with a ~opy of documentation verifying the debt necessary beyond the exhibits to this Complaint, ifany. Also, upon written noti~e to counsel requesting such advice, counsel will provide you with the name of the original ~reditor with whom you incurred this debt. BREACII OF CONTRACT 6. Paragraphs 1 through 5 above are reaverred and in~orporated herein by reference as if set fonh at length. 7. Defendant entered into a Personal Loan Contra~t (hereinafter referred to as the "Contract") on or about 9/22/88, wherein Key Bank agreed to provide financing, a loan, to Defendant subject to the terms and conditions ~ol1lained in the Contra~t, whi~h Contra~t was assigned per its terms and delivered to Key Bank with nod~e to Defendant. A copy of the Contra~t (and/or terms of the Contra~l) is atta~hed as Exhibit "An and is in~orporated herein by reference as ifset out at length. 8. Under the terms of the Contra~t Key Bank agreed to extcnd financing and/or a loan, and Defendant agreed to pay Key Bank the outstanding balan~e plus interest at the rate of 18.00 Percent annually (and other ~onditional ~hargesl a~~ording to the terms of the Contract. 9. Defendant be~ame in default under the Contract when he/she failed to make payment when due on or about 1/26/95. Defendant remains in default under the Contract, whi~h default permits Key Bank to a~~elerate the balance due under the Contract. 10. Defendant was notilied by wrinen notice dated 7/30/96 that he/she was in default of the Contracl because of hislher failure to make payments when due under the Contract. True and a correct copy of the Notice of Default and Right to Cure Default is anached as Exhibit "B" and is incorporated herein by reference as if fully set forth. II. Despile such notice and demands by Key Bank for payment, Defendant did not, and has not cured the foregoing default. and has neglected an~ rcfused to honor the tcrms and conditions of said Contract and has failed, refused or ncglectcd to makc payment to Key Bank of the sum justly due Key Bank. The oUlstanding principal balance is $14,588.17. 12. In accordance with the Contract and applicable law, thcre is interest due at the rate of 18.00 Pcrccnt per annum from 1/26/95 to the date of this suit in thc amount 01'$7,407.26. In addition there are latc chargcs accrued and chargcd to thc date of this suit arc $0.00. 13. Also in accordancc with the Contract. therc are reasonablc anomey's fces which Key Bank has becn adviscd, and thcreforc avers, arc assessable at thc rate 01'20 Pcrccnt of Total Balance due Key Bank. Kcy Bank has calculaled said anomey's fees to bc $4,399.09 on this account as of the commcncement of this action. 14. All crcdits due, if any, to Dcfcndant havc bcen givcn to himlher. 15. The balance due from Defendant to Key Bank under the Contract as of the date of commcnccment of this suit is $26.394.52 and intcrcst continues to accrue on that debt at the rate of 18.00 Perccnt per annum as set forth in the Contract. 16. Although dcmand of the sum justly duc Kcy Bank has been frequcntly made, Defendant has neglected, failed and refuscd to makc payment thcrcof. WHEREFORE. Plaintill'. Kcy Bank. N.A.. dcrnandsjudgmcnt against Defendant Sushill C. Sharma in the sum of $26,394.52 plus any and all additional interest, attomey's fees and costs. LEONARD, TILLERY & SCIOLLA By: th N. Leonard, Esquirc and Steven K. Eisenberg, Esquire 1515 Market Street, 18th Floor Philadelphia, PA 19102 (215) 567.1530 Attorneys for Plaintiff Key Bank, N.A. Dated: October 27, 1997 19M2OO'lBlOl000009629 \\' VERIFICATION I. Steven K. Eisenberg, Esquire certify that I am counsel for the Plaintiff Key Bank, N.A. end arn authorized to make this Verification on their behalf. The facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, infonnation and belief. This Verification is made subject to the penalties' of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DATED: October 27. 1997 O-W. r.KeYDallkk A r.yCorp .onk p.r.onel Ch.ckln. Account Ho. 301023440 July 05, 1119S P... 2 of 4 au..tlone About Your Account.? c.ll r.y E.pr... 24 hour. . diy, 7 diva . ....k. 716-lI3S-nOO Humber of d.y. In bill In. cyct................33 Credit 1 IInlt........o eo................... ... .00 Credit .v.ll.bl........................15.940.68. .. AHHUAL PERCEHTAGE RATE ..............IS.00000X O.lly periodic r.t.......................O.049J2X Flnenc. ch.r.. bal.ne. for thl. perlod.14.588.17 P.yment duo d.t.........................07/26/95 P..t due amount.........................2,358.S1 Totll amount du.........................2,a01.48 Natll A payment voucher for your Cash a...rv. Credit Account II Included for your convenience at thl end of thl. It.tement, which cln be used to Iltl,ty your minimum payment or to make addftfonll peyment.. Account Activity POltld Eff,ctlvl Ulthdrawata and h)'lDlntl and Ledger D,t, Dltl Dllerlpllon other Charges other Cradlt. Illance 06/03.. .06/03.. ....Imln. .alanca......................................................... .IS,703.2S 07/05. ..07/05.. ,*. Flnanee Charg. .............................. .237.40................... .15,940.68 CIsh R...rv. Credit Payment. .nd Jnqulrl.. P.yment. made to any t.ller .t the main offiCI of Key Bank of New York, 60 Stat. Straet, Albany, New York 12207, by 3.00 P.M. on any r..ular bankln. day will ba crodltod to your account on tho .... day. Paymtnt. ..d. at any oth.r loc.tlon will be crodltod promptly and In no ca.a lat.r than Ilva eS) day. IrQO tha day racalvod. s.nd Inqulrl.a to, r.y Bank 01 H.w York, c/o Ca.h R...rva Crodlt O.partment, P.O. .0. 1668, Albany, H.w York 12Z01- h.v. any qu..tlona about your Ca.h R...rva Crodlt AccOUlt. Ca'" R.llrv. Crodl t STAYEHEHT PERIOD. 06/03/9S - 07/05/95 SUlIIlary ..;fnnln; loan balanc..................15,703.28 .. fiNANCE CHARGE ........................237.40 Endln; balanc........... .............. ..15,940.68 ACCOUHr HO., 301023440 'Inane. char;. y..r.to.d.t................193.89 @ 1 . ! . . I I 0,. K.,Bank July 3D, 1996 MR. SUSIDL SHARMA 441 SIOUX DR. MECHANICSBURG, PA 17055 RE: Contract/Agreement Dated:09122/88 Old Account #: 301023440 at inception New Account #: 05000009629 Balance: 518,731.09 Date of Default: 01126195 Dear MR. SHARMA: Your CASH RESERVE CREDIT is in default as you have failed to make the payments due. Pursuant to the provision of the contract/agreement, we now demand payment in full of the entire balance, plus interest due, and any other charges incurred. Unless the entire balance is ;'cceived within 10 days, the Bank will take the necessary action to protect it's interest. Please contact MR. MCMAHON at 1-8QQ.933-0869 ext.78526, should you have any questions with regard to the above referenced matter. c: me ft I , I 1 i ~ I , i :) ; , ~.... J"" "I'" ....'"" ') 1.,. ~J ~ ~ \) :5: '<i ; . " ..... ,& )- . .. (j ~ r'll' <; ,.~-~; I-' :1:' , . L.1l . ;... : 0 .' J: : l_t ~ ~ l"-0.io : ..~a: ~~ .~ ~!5 :f', ... :0#. :u , ~ ~ ~ " i"l .' ,., , ' " , ," " , .' , . , ~) , CUMBERLAND Court of Common Ple:!S oOOtll:!:llIi~!CDOX County T rial Division Civil Cover Sheet 'QI'''___.U..Onr,I~''''''_1 ......',.,.'.'I"a"'....' : "iliis'tl rLt c SHARMA Key Bank, N.A. ........TI"'....C;:)Jl... 66 South Pearl St. Albany, New York 12207 :l.lllJOA..r..~I.. 441 Sioux Drive ; Mechan icsburg, PA 17055 .........,1'..."'.."1 :1'I..o.r."'"....wt .~l"n',... ..0011.... :Vll'tOlolilr'~II' , ~:':""I,"IJ""'JIlOl.L.A~rll"'II" ,'OUI. NO, ~ 01'1"0""''' ,11) ~:~~"CI"'IHrc:l jOflotll ... ,r!. ......... r-' I C;eai_ 'e .. :., Ny ,L.: ~ Wnloi_,~.. SoolwyU..." 10 S. SaacoolA-'IDl ClaoAoi.. 10', P=...A_ Ir. s.....aA...... .WIIrOUrI"""O"Y4'1OfI 010, 1lI'-'-iI =.J' 011. T........6oao0lh0rJ_.. o 11. Mbaw'-- r ~ ... DIl._...... , o .., WIUIJI\II CadI Acrioo liarroMa ...1 I 1 : ....QUNl..C.OM'1l0~IJI.T . [3 )0, 1)0,000,.....1... :CJ JI. McnlhaSS\t.OOO.OO On. ...........01-....-.......-1 o IS, __01-.,.......",,_ . .C:JI~ 01 c:..&u,. 0' ..c.no.. :LJ .10. A(1I~WMI'JI:LIIlIUIOtCounry :[j :0. AJ!dctmd.lau"M:I:IQC:lIQ.'(or~od\calll~Couory ::J.&I. ACDOaWdnoc..n.s.iartUWdptu,Cowny. :C!t. ~bi'oc(IDCIDeLa.ra""of(...lwomc.ailolPW1a:klpmaCouMy j (SUIt, "'AIM/tUft/IIt,.... 1ft ,IuIotUJf/lWCO.vYHHlW... .6D1 il.: ~ ..wlla'mdaiaaR'p&&U1,.COIIl:iuabuNcuUa~lddplaiaCoaty'"'buJhICf_F) n.&1. T~arOlilCllmllCapWs'NC"KDCllIION.JOOIOCIJOK~ :C !l. ~ll&8dC1'~~a.duczsbuao-.a.'M.oli;GiICalmI7'"'buI,.,..F) .:J ':), T~. 0CQaIJ'maI IMDI riMID aQoa didaoc.-uc ""'~. c~ I ~!.&. Dc.:ndIDu.... aoI ralQaca a((lIIddo DOl tr.awomcc. ii' PIIi1addpiUeo.ry . IJumo, IfDUGa_ ., ..~. kJ.... .60, . "11411. ."...... a60 ilIUM ,"'p'.rUm, act"'" .. llhllltMJp/wt C"""", , 'L!lO, DefSPI.tSallt(3) 4(,;;~~JC .&.U \,;UUIH..y . =:01 fitU"'I." _0 TT~, or .C"ON ,....._ 0' .20000 UAT\lTOIIY.....lI '0" CAU" QIlACTIOH ,s......... N, I n/a ., 1II1""'TlD 'IHO...O CA""u.I.,o.u.. --.,.~. ___.".. ...... c.... "... a_c..-.,.., -. '1' ~.~ " . . :n/a I I I '. ...... I.:.. -.wIc>>'f'\.AlHTU'''''~''"OJUC''' '. , ',', , ;Steven K. Eisenberg,.Esquire ., 1~;:~:::::~Tillery '- ....... ,:ATI .. :",.. .-:'" ,....1 ','. For__on/y . OCT n.... o 1001 Ddaml """"UOT o ,1010 ArlliIndolo o 1011 JUlY , o 1011 Non-JIII)' , o 10 I] A-"'a AppcoIJ o 1014 MalTOrt o IOU Olhcr NOT COUJIT ACllON o 1101 M1lndoaH..rinl 1laIo: T_: MnndonCclllcr UOOClcsmulS.... 10dl F1_ Phlladdphl..P.\ 19103 o o o o tun 5---' .dIr~._ 1103 Hara~rloI 1104 SIal'" . _,1'1 .' 1105 Odlcr . - D...: nm.: Place: ~'t.'. . :-': "':". .+uNO ,.. ;4..:". ". ,;t : ~ . lOt . , I Instructions for Completin~ Civil Cover Sheet rhiliulclphlia Ci\'il Rule So. .:O~.:1""1l9) r:auuu Ihial a C\il C.Het Sh::t be .tllolencS: 10 Jny docurnc.tu commenClnl:in acuon {wheme, the acuon is commenced by C ,)mpliainl. Wrll o"Summunl. Nullet 01 "ppeal, "", fI~ P:lltlonl. The anfonnlllon reQuesled i. necessary ~o .110101II Ihe Coun to properly monilor. conU'OI and dilp018 .::uu Iilcl.l. .\ -;LlPY o(lnc Chil C"'\let Sheet mUlt be ;aluc:ncl.l to 'l:rvicc copicl afWe documenl comment'",;;an aCllun. Th\: :U1omcy lor non.rcprcscntcd Pattyl nHn, .l CJ.JC )h:ti11 comphac Ihe form on fullows: \. P:lnlu I. l'1olflmll/D,(,,,diJlm I!nlcr n'.lmu Ih....t.. lint.. muhUI inili,)jl ofpl.llnul(:and lJclcndanL Itthe pl.linuI(ordclcndanl iIIIO\'cmmcnl ilIlcRey or corpora.tlon. un 01. (ull "amlonh<< .1,eney or corporJdon. In ,hl"'Ctlllhcrl are mOlllhan rwo plaintirrs andlor lwo dcrcndUlIJ. lilt lhe addhlonal panics on tht Supplemenw Panlu Form, Husb:uld and wife arc 10 blllucd u sepanlC pmlcs, ;1, r.T",u'.ldd"JJII Enlcr lhl Address oflhe pilnlu :nlhl ume IIr nil"" oflhe aClion. If any pan)' Is A corporal ion. cnler Ihe address o(O'Ic fCllllcrcd orn" oflhe carporuloft. Ill, .\'ymb" o/Pla''''tlfsiD.,r,,,ddllll , IndlcalCllhCllotal number ol'pIAlnllff. Ind 101a.! number or tJcfcndanu In Ihe ICllon. orcoune. addhlonal p:ll1les may be named Iller u a result orjolndu or olh.rwlsCl. 8. Cammcnumur or ACllon Indlc:tlll)'pC of do cum en I died to commence the ICllon. C. O'b.. Indicall \Whether 011 clUe Is 111 IIbltnlion.Jury or non.jury Ind cqulty we. In the evenl.jury uiails requc.llod.tho appropril" fea mUll be paid u provided rulcs o(court. Check In)' olher appropriale bOllics. If the Icalon will nquln the enU')' ofanOrdcr appravln,1 mlnorllncapaclwcd penon'. compromises. WfOnP'u I1calh or survlvalacllon. check (he Ippropria,& bo~ ' '. , D. ,\mounlln ConlroYCrJ)' Check IJIc appropriale box. IndlcauJ whether an Assessm.nl O(OImlICS Hewnlls requiRd. E. ,\ecrUlI orcus. of ACllon . Ched.: lhl approprilll box 10 Indlctle where Ihe caw. o( acdon arlb. nnsaction or occumnclllvlnl risc 10 the cause oflcuon IIDse. In Ihlevenl the tnnsaCdo t,.1r occumncCl,ivln, rise 10 the ICllon did nOl arise in Philadelphia Count)', sel forth Ihc nllUn otlhe U'anSlc:don or ~umnCl and uullc:aLlln 1160 why the acdr wu 'lied In Pblladelpbla Counry. f. Defcndaar larormal1on Indlcal' lbe appropriate responlc. Check only one. If."3 or i,.. uc checkecLlhe complainl mUll speclllcall)' let rOM the nann oflbe buslncu coaduc:1.Id j PbilodelpblaCounry. C; Typi of Action Insert Ihe code number and Iype oraedeR by consultln,l the list set (orlb bereunder. Choose onl~ one. 01.101'''__, - Tile area below" For official use on(v" is reservedfor use by tile COlin SHERIFF'S RETURN - NOT FOUND CASE NO. 1991-06082 P CO""ONWEALTH OF PENNSYLVANIA. COUNTY OF CU"8ERLAND KEY BANK NA VS. SHAR"A SUSHILL C R. Tho~a. Kline . Sheriff, who being duly .worn acccrding to law, .ay., that he .ade a diligent .earch and inquiry for the within named defendant, to wit. SHAR"A SUSHILL C but wa. unable to locate Hi~ in hi. bailiwick. He therefore return. the CO"PLAINT NOTICE NOT FOUND. aa to the within named defendant SHAR"A SUSHILL C ADVISED BY SUBODH SHAR"A. DEFT'S BROTHER. THAT THE DEFT. DOES NOT RESIDE AT ABOVE ADDRESS. ~ Sheriff'a Coata. Docketing Service Affidavit Surcharge 18.00 6.20 .00 2.00 .2b.:':l/J So analUft"B!.-- ,.( );/ . .'." / "-?4 ..-:;,.r .,. _~. Ir~ .....T { ,/ :-::-- 'H~ Jhom.. K~in., ~n.r1%% LEONARD TILLERY & SCIOLLA 11/10/1991 Sworn and aubacribed to before .e 10~' day of 71,,(.(,~,L~ q A.D. this 19 ~~. ""e~' $!i.' ro hono ary' LEONARD. TILLERY & SCIOLLA ny: KEITH N. LEONARD. ESQUIRE STEVEN K, EISENBERG, ESQUIRE A TTORNEY NO, 32963 and 75136 15 I 5 Market Street, 18th Floor Philadelphia, PA 19102 Telephone: (215) 567.1530 Key nank, N.A. 54 State Slreet Albany, New York 12207 Plaintiff vs. Sushill C. Shama 441 Sioux Drive Mechanicsburg, Pennsylvania 17055 Defendant(s) Anomey for Plaintiff : IN THE COURT OF COMMON PLEAS OF : Cumberland County, Pennsylvania ; NO. fjU.oJ.J. ~ ,--- CIVIL ACTION : ACTION FOR BREACH : OF CONTRACT : NOTICE TO DEFEND COMPLAINT. CIVIL ACTION - NOTICE TO DEFEND -NOTICE "You have been sued in court. (fyou wish 10 defend against the claims set forth in the following pages. you must take action within (20) days aller this complaint and notice arc 5cl'\lcd by entering a writtcn appcllI1U1cc personally or by anome)' and filing in writing with the court your defenses or objections to the claims set fonh against you. You lUC warned that iryou rail to do so lhe case ma)' proceed without fUMer nolice for any money claimed in the complaint or for any olher claim or relief requested by the plaintiff. You may lose morley or propen)' or other rights imponanlto you. 'YOU SIIOULD TAKE TillS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOTltA VE A LA WYER OR CANNOT AFFORD ONE. ('.0 TO OR TELEPIIONE TIlE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GET LEGAlIIELP, Cumberland Bar Association LAWYER REFERRAL SERVICE Two liberty ^ venue Carlisle, Pennsylvania 11013 1112493166 "AVISO NLe han dcmandado 8 ustcd en la corte. Si ustcd quierc defence sc de estas demands cxpucsw en 115 paginas siguienles. Ustcd tiene \lentc (20) dias. de plaza aJ partir de II (echa de la demand. y la nOlificalion haec faita &Seolar una c:omparcncia cKrill 0 en persona 0 con un abogado 't cntregar a la cone en fonna escrita sus dc(ensas 0 sus objeciones a las dcmandas en contra de su persona. Sc a\lisado que si usted no sc defiende. la cone tomara medidas y pucdc coolinuar la de mandll en contra suya sin pre\lio .visa 0 nOlification. Adc mas a cone puede dccidir I favor del demandantc y rcquicrc que ustcd cum pia con lodas las provisioncs Provisioncs de csla demanda. Uslcd puedc pcrder dincro 0 sus propicdades u olros dcrcchos imponanles para uSlcd. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO T1ENE ABOGAOO 0 SI NO TIENE EL DINERO SUFICIENn! DE PAGAR TAlSERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA CUY A D1RECCION SE ENCUENTRA ESCRlT A ABAJO PARA A VERlGUAR OONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Assoc:iacion Dc Liccndiados Dc Cumberland SERYlCIO DE REFENCIA E INFORlotACION LEGAL Two Libcny Avenue CllI'lisle, Pennsylvania 11013 1112493166 LEONARD. TILLERY & SCIOLLA BY: Keith N. Leonard, Esquire Steven K. Eisenberg, Esquire Allomey J.D. Nos. 32963 and 75736 ISIS Market Street, 18th Floor Philadelphia,PA 19102 Telephone: (215)567-1530 Attorneys for Plaintiff Key Bank, N.A. 54 State Street Albany, New York 12207 : IN THE COURT OF COMMON PLEAS OF : Cwnberland County, Pennsylvania Plaintiff ~ NO. ~J'l. {, D r.L (1;,.J ~- vs. : CIVIL ACTION Sushill C. Sharma 441 Sioux Drive Mechanicsburg, Pennsylvania 17055 : ACTION FOR BREACH OF CONTRACT Defendant COMPLAINT Plaintiff, Key Bank, N.A., by and through its attorneys, Leonard, Tillery & Sciolla, submits the within Complaint against the above-captioned Defendant(s), and in support thereof, respectfully avers the following: I. Plaintiff, Key Bank, N.A. (hereinafter referred to as "Key Bank"), is a corporation, with a principal place of business located at 54 State Street, Albany, New York 12207. 2. Defendant, Sushill C. Sharma (hereinafter referred to as the "Defendant"), is an adult individual residing at 441 Sioux Drive, Mechanicsburg, Pennsylvania 17055. 3. This action is an attempt to collect the debt averred herein and any information obtained in this matter will be used for that purpose. 4. You must file a response to this Complaint within the time permitted under the rules of court. However, you have thirty (30) days to dispute the debt in writing to the undersigned counsel for Key Bank. 5. If you do not dispute thc dcbt avcrred herein, or any portion thereof, in writing, within thirty (301 days, the debt will be assumed to be valid. If you notify the undersigned counsel for Key Bank in writing of some dispute as to the validity of this dcbt, in whole or in part, within the thirty (30) day period, counsel will provide you with a copy of documcntation verifying the dcbt necessary bcyond thc exhibits to this Complaint, if any. Also, upon writtcn notice to counsel requesting such advice, counsel will provide you with the name of the original creditor with whom you incurred this debt. BREACH OF CONTRACT 6. Paragraphs I through 5 above are reaverred and incorporated herein by reference as if set forth at length. 7. Defendant entered into a Personal Loan Contract (hereinafter referred to as the "Contract") on or about 9/22/88, wherein Kcy Bank agreed to provide financing, a loan, to Defendant subject to the t~rms and conditions contained in the Contract, which Contract was assigned per its terms and delivered to Key Bank with notice to Defendant. A copy of the Contract (and/or terms of the Contract) is attached as Exhibit "A" and is incorporated herein by reference as if set out at length. 8. Under the terms of the Contract Key Bank agreed to extend financing and/or a loan, and Defendant agreed to pay Key Bank the outstanding balance plus interest at the rate of 18.00 Percent annually (and othcr conditional charges) according to the terms of the Contract. 9. Defcndant became in default under the Contract when he/she failed to make payment when due on or about 1/26/95. Defendant remains in dcfault under the Contract, which default permits Key Bank to accclcrate the balance due under the Contract. 10, Defendant was notified by \Hitten notice dated 7/30/96 that hclshe was in default of the Contract because of hislher failure 10 make payments when due under the Contract. True and a correct copy of the Notice of Default and Right to Cure Default is attached as Exhibit "n" and is incorporated herein by reference lIS if fully set fonh. II. Despite such notice and demands by Key Bank for payment, Defendant did not. and has not cured the foregoing default, and has neglected and refused to honor the terms and conditions of said Contract and has failed. refused or neglected to make payment to Key Bank of the sum justly due Key Bank. The outstanding principal balance is $14,588.17. 12. In accordance with the Contract and applicable law, there is interest due at the rate of 18.00 Percent per annum from 1/26/95 to the date of this suit in the amount of$7,407.26. In addition there are late charges accrued and charged to the date of this suit are $0.00. 13. Also in accordance with the Contract, there are reasonable allorney's fees which Key Bank has been advised, and therefore avers, are assessable at the rate of 20 Percent of Total Balance due Key Bank. Key Bank has calculated said attorney's fees to be $4,399.09 on this account lIS of the commencement of this action. 14. All credits due, if any, to Defendant have been given to himlher. 15. The balance due from Defendant to Key Bank under the ConiractllS of the date of commencement of this suit is $26.394.52 and interest continues to accrue on that debt at the rate of 18.00 Percent per annum as set forth in the Contract. 16. Although demand of the sum justly due Key Bank hIlS been frequently made, Defendant has neglected, failed and refused to make payment thereof. WHEREFORE, Plaintiff, Key Bank, N.A., demands judgment against Defendant Sushi II C. Sharma in the sum of$26,394.52 plus any and all additional interest, attorney's fees and costs. LEONARD, TILLERY & SCIOLLA By: th N. Leonard, Esquire and Steven K. Eisenberg, Esquire ISIS Market Street, 18th Floor Philadelphia, PA 19102 (215) 567-1530 Attorneys for Plaintiff Key Bank, N.A. Dated: October 27. 1997 19!200981Ol000<Hl9629 TRUE copy FROM REOORO In Testimony wher1Ol. I her, unto lilt fffII hind and the seal of said Court at c.r1ItIe. PI. fhl!! 3tt.06t otm~:/\< ~ 1~~" r. f? 1# ~ , Prott\OIlOt&IV VERI FICA TION I, Steven K. Eisenberg, Esquire certify that I am counsel for the Plaintiff Key Bank, N.A. and am authorized to make this Verification on their behalf. The facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, infonnation and belief. This Verification is made subject to the penalties' of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DATED: October 27, 1997 ~ K.XeY~ap,kk A K.yCorp Ionic por..".l Ch.<klng A<<ount No. 301023440 July 05, 1m 'Ig. Z of '- cu.lclona About Your Account.? c.ll K.y lApr.t. ' 24 houri . dAy, 7 dAr- . ....k. 716..J38.nOO Numbtr of d.yt In billing .y.I................33 Credit \1.lc... ...........................0. ..00 Credit .v.llabl........................1',940.6a. .. ANNUAL PERCENTAGl RATl ..............18.00000% D.lly p.rlodl. r.t.......................O.0493ZX 'Inane. eh.rD' balanc. for thlt perlod.14,S88.17 P.yment duo d.t.........................07/26/95 PIst due amount.........................2,JSa.81 Totll amount du.........................2.a01.4. Notll A payment vouch.r for your c.sh R...rv, Credit Account I, Included for your convenlenc. at thl end of thl, Itltement, which cln be uled to ..cl.#y your minimum payment or to make additional pa~tI. Accot.nt Actfvt ty POlted Eff.ctlvl \llthdr,wIl. and 'Iyrnenta.nd Ledger Dati Oat. Ollcrlptfon other Char".. other Crtdtu ..lane. 06/01...06J01...B.glnnlng B.t.nc...........................................................15,703.28 07/05...07/05..... Finane. Charg. ...............................237.40....................15,940.68 c..h R..arv. Credit Payment. Ind Inqulrle. Payment. .-de ta any t.ller It the main afflc. af Key Bank af N.w York, 60 Stlt. Str.,t, Albany, N.w York 12207, by 3.00 P.M. on .ny r.gul.r banking d.y .111 be .r.dltod to your .e.ount on tho .... day. Payment. mad. at Iny oth.r loc.tlon will be credited promptly and In no ca.. lat.r than five IS) d.y. frOd tho day r.e.l.od. S.nd lnqulrl.. to. K.y I.nk of N.. York, ./0 c.th R...r.. Crodlt O.portmtnt, P.O. 80A 1668, Albany, N.. York 12201. h... .ny qu.ttlona .bout your C.th R.t.... Crodlt ACCOU'1t. Ca.h ae..rve Credit STATEHfNT PERIOD' 06/03/95' 07/0S/95 S1.I111lIry Beginning loan balanc..................1S.703.28 .. FINANCe CHARGE **......................237.40 Ending tMilancl..................... .....15,940.68 ACCOUNT NO.1 301023440 Finane. charg. y..r.to.d.t................193.89 LBONARD, TILLBRY , SCIOLLA EXHIBIT B 0,. K"Bank July 30, 1996 MR. SUSHIL SHARMA 441 SIOUX DR. MECHANICSBURO, PA 17055 RE: Contract/Agreement Dated:09/12/88 Old Account #: 301023440 at inception New Account #: 050??oo9629 Balance: $18,731.09 Date of Default: 01126/95 Dear MR. SHARMA: Your CASH RESERVE CREDIT is in default as you have failed to make the payments due. Pursuant to the provision of the contract/agreement, we now demand payment in full of the entire balance, plus interest due, and any other charges incurred. Unless the entire balance is received within 10 days, the Bank will take the necessary action to protect it's interest. Please contact MR. MCMAHON at 1-800-933-0869 ext.78526, should you have any questions with regard to the above referenced matter. J ~ . Koryc' Recovery Manager Retail Collections Division c: me .. or'"": - ,".. C' . - ''''''F Hoy S 7 '" "1 "'7 J. II. :J [' -, , '.. ;'.1.. ", \ I d 11"1 " ,I ~ ~ ~ ~ ~ LEONARD. TILLERY & SCIOLLA Keith N, Leonard, Esquire Steven K. Eisenberg. Esquire Attorney I,D, Nos,: 32963 and 75736 1515 Market Street, Ste 1800 Philadelphia, P A 19102-2068 (215) 567.1530 Attorneys for Plaintiff Key Bank, NA 54 State Street Albany. New York 12207 Plaintiff, IN mE COURT OF COMMON PLEAS Cumberland County, Pennsylvania v, Sushill C, Sharma 441 Sioux Drive Mechanicsburg, PA 17055 Defendant. NO. 97-6082 CIVIL ACTION ACTION FOR BREACH OF CONTRACT PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned matter. By: ---'. LEONARD, TILLERY & SCIOLLA '1'//" y,/ )~' _ .-' t;/o/ ( ~ ' -(/(. Steven K. Eisenberg .-' Dated: December 18, 1997 't but was unable to locate H1m in his bailiwick. He therefore returns ZHERIFV'S RETURN NOT FOUND CASE NO: 19'J7 0j~~82 r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEY BANK NA vs. SHARMA SUSHILL C R. Thomas Kline . Sheriff, who being duly sworn ac~ording and inquiry for the within to law, says, that he made a diligent search named defendant, to wit: SHARMA SUSHILL C the COMPLAINT NOT FOUND . as to the within named defendant SHARMA SUSHILL C DOES NOT LIVE AT ADDRESS Sher1ff's Costs: Docket1ng SE'rvice Aff1davit Surcharge 18.00 8.68 .00 2.00 So answersa- // /';:/ (' / /~/ -~/fi ;.'.v~~; H.' homas t\l.lne, ::iher.l~1 $28. be PAID BY KEITH N. l.EONARD 01109/1998 Sworn and subscr1bed to before me th1S 'l =- day of "-=)",,.,..,,'1 , 19_'LL A.D. -, ~_LAL Q. h. .Llo.. 10.--, I,~ Proth~~otary , 7 ~ LEONARD, TILLERY & SCIOLLA BY: Keith N, Leonard, Esquire Sleven K, Eisenberg, Esquire Attorney J.D. Nos, 32963 and 75736 ISIS Market Street, 18th Floor Philadelphia,PA 19102 Telephone: (215) 567-1530 Attorneys for Plaintiff Key Bank, N,A, 54 Stale Street Albany, New York 12207 : IN THE COURT OF COMMON PLEAS OF : Cwnberland County, Pennsylvania Plaintiff : NO. vs. : CIVIL ACTION Sushill C. Sharma 441 Sioux Drive Mechanicsburg, PeMSylvania 17055 : ACTION FOR BREACH : OF CONTRACT Defendant COMPLAINT Plaintiff, Key Bank, N.A., by and through its attorneys, Leonard, Tillery & Sciolla, submits the within Complaint against the above-captioned Defendant(s), and in support thereof, respectfully avers the following: I. Plaintiff, Key Bank, N.A. (hereinafter referred to as "Key Bank''), is a corporation, with a principal place of business located at 54 State Street, Albany, New York 12207. 2. Defendant, Sushill C. Sharma (hereinafter referred to as the "Defendant"), is an adult individual residing at 441 Sioux Drive, Mechanicsburg, PeMSylvania 17055. 3, This action is an attempt to collect the debt averred herein and any information obtained in this matter will be used for that purpose. 4. You must file a response to this Complaint within the time permitted under the rules of court, However, you have thiny (30) days to dispule the debl in \\Titing to the undersigned counsel for Key Bank, 5, If you do not dispute the debt averred herein, Clr any portion thereof, in writing, \\ithin thirty (30) days, the debt will be assumed to be valid. If you notify the undersigned counsel for Key Bank in writing of some dispule as 10 the validily of this debt, in whole or in part, within the thirty (30) day period, counsel will provide you with a copy of docwnentation verifying the debt necessary beyond the exhibits to this Complaint, if any. Also, upon written notice to counsel requesling such advice, counsel will provide you with the name of the original creditor with whom you incurred this debt. BREACH OF CONTRACT 6. Paragraphs I through 5 above are reaverred and incorporated herein by reference as if set forth at length. 7. Defendant entered into a Personal Loan Contract (hereinafter referred to as the "Contract") on or about 9/22/88, wherein Key Bank agreed to provide financing, a loan, to Defendant subject to the terms and conditions contained in the Contract, which Contract was assigned per its terms and delivered to Key Bank with notice to Defendant. A copy of the Contract (and/or terms of the Contracl) is attached as Exhibit "An and is incorporated herein by reference as if set out at length. 8. Under the terms of the Contract Key Bank agreed to extend financing and/or a loan, and Defendant agreed to pay Key Bank the outstanding balance plus interest at the rate of 18.00 Percent annually (and other conditional charges) according to the terms of the Contract. 9. Defendant became in default under the Contract when he/she failed to make payment when due on or about 1/26/95. Defendant remains in default under the Contract, which default permits Key Bank to accelerate the balance due under the Contract. 10, Dcfendanl was nOlified by written nolice daled 7/30/96 thaI he/she was in default of the Contract because of hislher failure to make payments when due undcr the Contract. True and a correct copy of the Notice of Default and Right to Cure Default is attached as Exhibit "B" and is incorporated herein by reference as if fully set fonh. II. Despite such notice and demands by Key Bank for payment, Defendant did not, and has not cured the foregoing default, and has neglected and refused to honor the terms and conditions of said Contract and has failed, refused or neglecled to make payment to Key Bank of the sum justly due Key Bank. The outstanding principal balance is $14,588.17. 12. In accordance with the Contract and applicable law, there is interest due at the rate of 18.00 Percent per annum from 1/26/95 to the date of lhis suit in th~ amount of $7,407.26. In addition there are late charges accrued and charged to the dale oftilis suit are $0,00. 13. Also in accordance with the Contract, there are reasonable attomey's fees which Key Bank has been advised, and therefore avers, are assessable at the rate of20 Percent of Total Balance due Key Bank. Key Bank has calculated said attorney's fees to be $4,399.09 on this account as of the commencement of this action. 14. All credits due, if any, to Defendant have been given to himlher. 15. The balance due from Dcfendant to Key Bank under the Contract as of the date of commencement of this suit is $26,394.52 and interesl continues to accrue on that debt at the rate of 18,00 Percent per annum as set forth in the Contract. 16. Although demand of the swn justly due Key Bank has been frequently made, Defendant has neglected, failed and refused to make payment thereof. WHEREFORE, Plainliff, Key Bank, N.A" demands judgment against Defendant Sushill C. Sharma in the sum of $26,394,52 plus any and all additional interest, attorney's fees and coSls. LEONARD, TILLERY & SCIOLLA By: th N. Leonard, Esquire and Steven K. Eisenberg, Esquire IS I 5 Market Street, 18th Floor Philadelphia, P A 19102 (215) 567-1530 Attorneys for Plaintiff Key Bank, N.A. Dated: October 27, 1997 : C'); ,( n 01" · ') '..,._;' ,~.f, I . n;'( J9820098/0l00lKl09629 " ~ , 1:':; < ".:! ": l : t '.= ~lli.'..3r,( (!"" d ..'71nl. . ,q) ................~~..,K~, 'f1,.. "'-'-"-" Prolhono;,ji Y VERIFICA TION I, Steven K. Eisenberg, Esquire certify that I am counsel for the Plaintiff Key Bank, N.A, and am authorized to make this Verification on their behalf. The facts set forth in the foregoing COMPLAINT are trUe and correct to the besl of my knowledge, infonnation and belief. This Verification is made subject to the penalties' of 18 Pa,C.S.A. Section 4904 relating to unsworn falsification to authorities. DATED: October 27, 1997 LEONARD, TXLLERY , SCXOLLA " EXHXBXT A ~ KIlBank July 30, 1996 MR, SUSHIL SHARMA 441 SIOUX DR, MECHANICSBURG, PA 17055 RE: ContracUAgreement Dated:09/22/88 Old Account #: 301023440 at Inceptlon New Account #: 050??oo9629 Balance: $18,731.09 Date of Default: 01/26/95 Dear MR. SHARMA: Your CASH RESERVE CREDIT is in default as you have failed to make the paymeDlS due. Pursuant to the provision of the contract/agreement, we now demand payment in full of the entire balance, plus interest due, and any other charges incurred. Unless the entire balance is received within 10 days, the Bank will take the necessary action to protect it's interest. Please contact MR. MCMAHON at 1-800-933-0869 e;;t.78526, should you havc any qucstions with regard to thc above referenced matter. c: file " !'1- d- . I"\JP)'Fi- ,'" ,.... . 1 ~ V F"H'~ rf' I I o ',"- C:,' r'~" el': ; ,I :,'. i N~Jg 1 S2 A\~ '~1 " . I_I: ' '. I! \ ., ,'J. ..' '.. \r;, I, [' L' I' , I L', ; P Ell:, :J I ~ ' . r' , II II. , : >- ~o j~ -.~~; b ~ Iii\~ z : z"\ 0 ~t1~~ : , Ol: !Z :~ ~ll :i~~ 00 : . , . , . . , : ' ....~._-......".. ....".. ~!A\m~~ if LEONARD, TILLERY & SCIOLLA, LLP Keilh N, Leonard, Esquire Stephen J. Labroli, Esquire ISIS Market Street, Suite 1800 Philadelphia, PA 19102-2068 (215) 567-1530 Altomey !.D. No: 32963 Attomey !.D. No: 78737 Altomeys for PlaintifT KEY BANK, N,A. Plainli fT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-6082 CIVIL TERM SUSHILL C. SHARMA Defendant. CIVIL ACTION - LAW PRAECIPE TO REINST ATE COMPLAINT TO THE PROTHONOTARY: Please reinstale lhe Complaint in the above-captioned matter. LEONARD, TILLERY & SCIOLLA By: ~tP I Stephen J. Labroh, ~ . Dated: October 8, 2001 w il; ..:r ~ N "" M si \'., 1.1-- ,. - :1: c: .l_ ')1 ,) ~.. ,t '.n ':S- O....' ..... ,~ w C.l ~ . a i _"I c-.> ~;i1I-:I\ 1 FF' ,; I\ETUIIN - FEC;ULAI< CASE NO: 199'7-06082 l' CO~I~IONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEY BANK NA VS SHARMA SUSHILL C SHANNON SUNDAY sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHARMA SUSHILL C the DEFENDANT , at 0950:00 HOURS, on the 17th day of October , 2001 at 441 SIOUX DRIVE MECHANICS8URG, PA 17055 SAN SHARMA , BROTHER a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.80 .00 10.00 .00 35.80 So Answers: r~r~<~~ R. Thomas Kline me this 1I..r day of 10/18/2001 LEONARD TILLERY & SCIOLLA SiWtK1\. Ill. tS' UNiti.!f Deputy Sherif f By: Sworn and Subscribed to before [',.h1... _ :.JC'CI A.D. ~ /) , ( J l(, ~ ~. rothonotary . LEONARD TILLERY & SCIOLLA, UP AITORNEVSATLAW 151 5 Murkcl Slrecl SUlle 1800 PhiladelphIa, Penn.ylvanlu 19102 (215) 567.1530 F..: (215) 564.4611 Jl)M J. uonanJ M Kelly Ttllay" Grrjol')' E. Sctoll..t Iluih J. fhllchison Keith N. lcuwd' MichKl V. Tinari' DI\'ld J. Shannon' Slrphm 1. l..abroli . Orcjory C. DiCulo . I.IIIA.lori' IICIl!1 E. AndInon . L TS Duildinll MooIC.lown, New Jersey (856) 273-6679 Northe.'1 Phillldelphi. (215) 338-7444 www.teonardlillCT)',eom . AI.... Nrnntd 'II Nn .Jcnr}' , "l........IUdI.pq.YOIIl .."."'U III A...""..!) October 26, 200 I VIA OVERNIGHT MAIL Prothonotary Cumberland County Court of Common Pleas Courthouse One Courthouse Square Carlisle, PA 17013 A TIN: Renee Simpson Re: KeyBlmk, N,A. v, Sushll1 C, Sharma Court of Common Pleas of Cumberland County, Pennsylvania Civil Action No. 97-6082 Dear Ms, Simpson: 1 write 10 confinn our tclephone conversotion of October 26, 2001 regarding lhe call of the list 10 be held Tuesday, October 30, 200 I wilh respect to inactive cases, I advised that a Praecipe to Reinstale the Complaint was filed October 15,2001 and, pursuant to my recentlelephone conversation with the SheriIT's Office, the Defendant was served, As such, you advised that the above-referenced mailer would be removed from the purge list and that it was not necessary fOf me 10 appear in Court Tuesday, If my understanding is in any way incorrect, I would ask that you kindly contact me immediately. thank you again for your kind cooperation in this regard, ~K~ . Slephen 1. Lab~li-...v SJL:paw of Key Bank versus Sharma at No. 97-6082 Civil Term, and it appearing that docket activity has recently occurred in the case, the case is stricken from the purge list and shall remain active. By the Court, Steven K. Eisenberg, Esquire 530 W. Street Rd., STE 201 Warminister, PA 18974 For the Plaintiff and Keith Norman Leonard, Esquire 1515 Market Street, 18th Fl. Philadelphia, PA 19102 For the Plaintiff L ~ a:.1J /I- u.-o,~5 Sharma C. Sushill, Defendant 441 Sioux Dr. Mechanicsburg, PA 17055 Pro Se pcb n co u c:: I ~ . -.~ I -. - ~r:; ,~1 , nlf~' ~-: , " ;-~,: I Z'~ " (.I"j,- '.0 .., ~"'_: ;J.., ~L -, "ti', -~ ) ~~ 1 ~c' .f' ~~} . II) ~..,~.: '.' ~ . , 0 " ~" (.J -.; 1~1, I v. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W KEYIlANK USA. N.A., Plaintiff SUSHlLL C. SHARMA, Defendant NO. 97-6082 CIVIL TERM ORDER OF COURT AND NOW, this 191h day of February, 2002, upon consideration of Defendant's Petition To Open Default Judgment Pursuant to Pa. R. Civ. P. 237.3, it is ordered that: 1. A Rule is issued upon PlaintilTto show cause why Defendant is not entitled to the relief requested; 2. Plaintiff shall file an answer to the petition within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days oflhe date of this order; 5. Argument shall be held on Wednesday, May 22. 2002, at 3:00 p.rn., in Courtroom No. I, Cumberland County Courthouse. Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. BY THE COURT. il/ J /Keith N, Lconard, Esq. Stephcn J. Labroli, Esq. . \. \ LEONARD, TILLERY & SCIOLLA, LLI' flOP\e.~ :t4.\ e.d 1515 Market Strect, Suitc 1800 L ~ Philadclphia, PA 19102.2068 O~..10'O:l "/,\ Attorney for Plaintil1. )' /Fred II. Hait, Esq. The Wcllington 17 East High Strcct, Suite 10 I Carlisle, PA 17013 Attorney for Defendant :rc :\ .,>, , . :~, " Fo-od H. Ho&.Il' 34331 Fred.....' __, P.c. Ih.W~ 17 E_ Hogh ar... s... 101 c.r<oole, PA 17013-3047 1717) ~4~4500 24~24111'ul PAlobiewfh;l~.com AlIamoy for Dofol1dorc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KEYBANK USA. NA., Plaintiff Civil Actlon-Law Va. No. 97-6082 SUSHILL C. SHARMA, Defendllnt RULE TO SHOW CAUSE AND NOW, this day of . 2002,upon considaration of tha attachad Petition to Q:len Judgment, a Aula is granted upon Kaybenk USA, N.A, to show cause, if any it hes, why the default judgment entered in this action should not be opened. Rule returnable days after service, By the Court .J. F...d H. HM.IO , 34331 Fred Halt & A&a~. PC Th.Wollongton 17E_ High !'tr.... 5uce 101 c..tool., PA 17013J047 (717)24~500 249<1411 (fp) PllJoblewfhrOacl.com Altom., for 0.-.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, NA.. Plaintiff Civil Action-Law VS. ND. 97-6082 SUSHILL C. SHARMA, Defendant PETITION TO OPEN DEFAULT JUDGMENT PURSUANT TO PA.RCIV. P. 237.3 1, Petitioner is Sushil C. Sharma, an adult individual. 2. Defendant is Keybank USA. N,A.. a corporation purported to maintain a placa of business at 54 State Straet, Albany, NY, 3, On or about 2/6/02, Kaybank USA, NA entered a default judgment against Sushil C. Sharma in tha amount of $37,758,95, plus "additional interest and costs", in an ection based upon an alleged breach of Contract. 4. Sushi! C, Sharma did not initially respond to the Complaint because he had not been selVed, The Complaint was selVed upon Subodh Sharme, Sushi I Sharma's brother, at Subodh Sharma's place of residence. Sushil Sharma does not, and did not at that time, reside with Subodh s.'1arma, Subodh Sharma is not a party to this action. 5. Sushil C. Sherma has a meritorious defense to the underlying action, because the action ia barred by the statute of limitations in 42 PB, CBS 5525. An enswer that Sushil C. Sharma intends to file is attached hereto pursuant to PB. RCiv. P. 237.3, Wherefore. Suehi! C. Sharma prays the Court for an order opaning the default judgmant in this matter, to permit him to file hia Answer and defend against this action. Respectfully submitted. Fred Halt & Associates. P,C, ~ FTed . H." ~ .,,' 1 The Wellington 17 East High Street, Suite 101 Carlisle. PA 17013-3047 (717) 2494500 249-2411 (fax) psjoblawfh@aol.com AffiDAVIT I verify that the facts set forth in the foregoing Petition true end correct, to the best of my knowledge, information, and belief. I acknowledge that any false statements herein are made subject to the penalties of 18 Pa. c.s 84904. relating to unsworn falsification to authorities. Date l-I/V2.""l- I ~~ Mm._"""''''''' Sushill in documents filed by Pleintiff) Feed H. Hac. 10 , 34331 F~d H_ & Aaaoci..... pc. Tho Wolongt<>n 17 E... Hogh are... Su4e 101 C...hsJo, PA 17013-304 7 (717) 24~~OO 241H!411 1101) P'loblewfhd.oI.com AItomey 'or OIf.ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, NA., Plaintiff Civil Actlon-Lllw Ve. No. 97-6082 SUSHILL C. SHARMA, Defendant NOTICE TO PLEAD TO: KEYBANK USA,N.A., Plaintiff You are hereby notified to file a written response to the attached NewMstterwithin twanty{20) days of service, or a judgment may be entered against you, ~~ Attorney for Defandant ANSWER 1. Admitted upon information and belief. 2. Admitted in pert end denied in part. Defendent Sushi! C, Sharma edmits that he ie an adult individuel. He denies that he resides et 441 Sioux Drive, Mechenicsburg, Pennsylvenie 17055. To the contrary, he resides et 915 Scottish Court, Mechenicsburg, Pennsylvania, 17050. 3, The ellegations of Paragraph Three are conclusions of law, which require no response. 4. The allegations of Paragraph Four are conclusions of law, which require no response. 5. The allegations of Paregraph FIVe are conclusiona of law, which require no response. 6, Defendant's responses to Pars graphs Ona through FIVe are hereby reaverred, and incorporsted by refsrence, 7. Admitted 8, Admitted 9. Admitted in part and denied in part. Defendant edmits that he failed to make payment when due on or ebout 1/16/95, The remaining allegetions of Paragraph Nine are conclusions of law, which raquire no response, 1 a.Admitted in part and denied in part. Defendant admits that the Exhibit B attached to the Complaint purports to be a notica of defeult and right to cure. Dafendant danies thet he received such notice. The remeining allegations of Paragraph Tan are conclusions of lew, which require no responsa, 11.Admitted in part end denied in pert. Defendant edmits that he hes not mede payment, but denies heving received thE. notice etteched to the Complaint es Exhibit B, After reesonable investigation, Defendent lecks knowledge or informetion to enable him to respond to the allegation that the outstanding principal balance is $14.588,17. Such allegation is therefore denied, and proof is demanded, The remaining ellegations of Peragraph Elaven ere conclusions of law, which require no response, 12,The allagations of Paragreph Twelve are conclusions of law, which require no response. 13. Tha allegations of Paregraph Thirteen are conclusions of law, which require no response. 14.After reasonable investigation, Defendant lacks knowladge or information to enable him to respond to the allegations of Paragraph Fourtean. Such allagations are tharefore denied, and proof is damanded. 15.The allegations of Paragraph Fifteen are conclusions of law, which raquira no response. 16.Admittad in part. Defendant admits he has not made payment to Plaintiff. The remaining allegations of Paragraph Sixteen are conclusions of law, which require no response. NEW MATTER 17.This action purporte to be based upon a written contract entared into in 19BB. 1 B.The Complaint alleges that Defendant breached the contract on or about 1/26/95. 19.The docket in this case shows thet this action was filed 11/13/97. 20.011 or about 11/ 1 0/97 the Sheriff filed a return stating "Not Found". 21 ,The Complaint was reinstatad 12/23/97. 22.0n 1/9/9B, the Sheriff filed a mturn stating "Not Found." 23.Plaintiff did not thereafter continuously reinstata the Complaint and attempt to make service, In fact, tha Complaint was not again reinstatad ulltil1 0/ 17/01, more than six yeare after the alleged default. 24,Actions on a written contract are subject to a four year statute of limitations, as provided by 42 Pa, C ,5 8 5525. 25,Because Plaintiff did not continuously attempt to serve the Complaint, the statute of limitations was not tolled, Therefore, this action Is berred by the operation of the etatute of limitstions. WHEREFORE. Defendant requasts that the Court dismiss this ectlon, and direct such additionel relief es is appropriate under the circumstances. Respectfully submitted, Fred Hait & Associates, P.C, Attorneys for Defendant By Fred H. Hait, 10 # 34331 The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 249-4500 249-2411 (fax) pajoblawfh@aol,com AFRDAVIT I verify that the facts set forth in the foregoing Answer and New Matter are true and correct:, to the best of my knowledge, information, and belief. I acknowledge that any false stataments herein are made subject to the penalties of 18 Pa. C. 5 S 4904, relating to unsworn falsification to euthorities, Date LEONARD, TILLERY & SCIOLLA, LLP BY: KEITH N, LEONARD, ESQUIRE STEPHEN J. LAB ROLl, ESQUIRE Attorney J.D. Nos. 32963 and 78737 IS I S Market Street, Suite 1800 Philadelphia, P A 19 \02-2068 Telephone: (215) 567-1530 Allomeys for Plaintiff, KeyBnnk USA, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, N.A, 54 State Street Albany, NY 12207 Plaintiff NO: 97-6082 CIVIL ACTION vs. SUSHILL C. SHARMA 441 Sioux Drive Mechanicsburg, PA 17055 ACTION FOR BREACH OF CONTRACT Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of the Plaintiff, KeyBank USA, N .A., and against the Defendant Sushill C. Sharma, for failure to answer or otherwise respond to the Complaint. The Complainl was served upon the Defendant Sushill C. Sharma on October 17, 200 I, in accordance with the Pennsylvania Rules of Civil Procedure, A copy of the Proof of Service is attached hereto as Exhibit "A". I certify that the wrillen notice of intention to file this praecipe, or a leller granling a specific date of extension was mailed or delivered to the parties against whom judgment is to be entered and/or to their attorneys of record, if any, aller thc dcfault occurrcd and atlcasttcn days prior to the date of this praecipe. Two copies of this noticc wcrc scnt, one via certified mail and the other via regular first class mail. The copy sent via certified mail was retumed marked "unclaimed' for unspecified reasons. The copy sent via first class mail was not returned. A copy of said notice is attached hereto as Exhibit "B". Kindly enter judgment by default againsl the Defendant Sushill C. Sharma for failure to file an Answer to PlaintifT(s)'s Complaint within 31 days of service of same and assess damages as follows: At the time ofthr. Complaint: Principal Balance Interest to 10/27/97 (18.00% per annum) Miscellaneous Fees Altomey's Fees (20% of Principal Balance) Total Payoff $14,588.17 $ 7,407.26 $ 0.00 $ 4,399.09 526,394,52 Additional interest since complaint, attomey's fees and costs: Additional Interest: Per Diem from 10/27/97 through 02/05/02 at57.19 Litigation Costs~ $11,216.40 $ 148.03 Total: 511.364.43 Overall Total: 537.758,95 WHEREFORE, Plaintiff(s) demands judgment be entered against Defendant Sushill C, Sharma in the amount of$37,7S8.9S plus additional interest and costs. I eith N. Leo rd, Esquire Stephen J. La roli, Esquire LEONARD, TILLERY & SCIOLLA, LLP Attorneys for Plaintiff DATED: February 6, 2002 I hereby assess damages as above and enter judgment against the Defendant, Sushill C. Sharma, for the swn of$37,7S8.9S, and post-judgment interest and costs, ifany. (1..-+.:.)1(. ~ PROTHONOTARY S~IEf'IFr's RETURN - REGULAR CASE NO: 1997-06082 P COMNON\~EALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEY BANK NA VS SHARMA SUSHILL C SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHARMA SUSHILL C the DEFENDANT , at 0950:00 HOURS, on the 17th day of October ,2001 at 441 SIOUX DRIVE MECHANICSBURG, PA 17055 SAN SHARMA, BROTHER a true and attested copy of COMPLAINT & NOTICE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ...,. J' .... r'" ,-,.- -/# ..,.~~~/~ ,. R. Thomas Kline 18.00 7.80 .00 10.00 .00 35.80 10/18/2001 LEONARD TILLERY & SCIOLLA By: ~StMlfr1\. In.. r0t.utdau Deputy Sheriff I Sworn and Subscribed to before me this day of A.D. Prothonotary LEONARD, TILLERY & SCIOLLA, LLP By: Keith N. Leonard, Esquire and Stephen J. Labroli, Esquire Attomey I.D. Nos. 32963 and 78737 ISIS Market Street, lllth Floor Philadelphia, PA 19102 Attorneys for Plaintiff Telephone (215) 567-1530 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANI CIVIL ACTION - LAW KEY BANK, N,A. Plaintiff NO. 97-6082 CIVIL TERM VB. CIVIL ACTION SUSHlLL C, SHARMA Defendant NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: SUSHlLL C. SHARMA, DEFENDANT DATE OF NOTlCEIFECHA DEL A VISO: November 12. 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: ~K.j Stephen J. Labfoli, Esquire Attorney for Plaintiff Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 ,. A VISO IMPORT ANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA DE SU PARTE EN ESTE CASO. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DlAS DE LA FECHA DE ESTE A VISO, SE PUEDE REGISTRAR UNA SENTENCIA CONTRA USTED, SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD 0 DERECHOS IMPORT ANTES. USTED DEBE LLEV AR ESTE A VISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVlCIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA A VERlGUAR DONDE PUEDE OBTENER A YUDA LEGAL: Cwnberland County Bar Associalion Two Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 Stephen J. Labroli, Anomey for Plaintiff ::. \.0 <-' (~ ,.'- ..' ) . . ,.., ~-- ~ -J ~ e~ (Y- ~~,\ -a ~ ~ ~&~ .. LEONARD, TII.LERY & SCIOLLA, LLP BY: KEITH N. LEONARD, ESQUIRE STEPHEN J. i.ABROLl, ESQUIRE Attomey I.D, Nos. 32963 an:.! 78737 ISIS Market Street, Suile 1800 Philadelphia, P A 19102-2068 Telephone: (215) 567-1530 Attomeys for Plaintiff, KeyBank USA, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA KEYBANK USA, N.A. 54 State Street Albany, NY 12207 Plaintiff NO: 97-6082 CIVIL ACTION vs. SUSHlLL C, SHARMA 441 Sioux Drive Mechanicsburg, PA 17055 ACTION FOR BREACH OF CONTRACT Defendant AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF ADDRESS Stephen J. Labroli, Esquire, being duly sworn according to law, deposes and says that he is an associate with the firm of Leonard, Tillery & Sciolla, LLP, the attorneys for the Plaintiff; that he is authorized to make this Affidavit on behalf of Plaintiff; and lhatlhe above-named Defendant, Sushill C. Sharma, is over the age of 18, that said Defendant is not in the military service of the United Stales, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sallors' Civil Relief Act of 1940 and 9ny amendments lhereto. " Affiant also certifies Ihullhe addrcss of the PlaintilTis thc addrcss in the above cuplion. C)x;J rtJ- Stephen J. L~broli, Esquire Attorney for Plain tilT Sworn to and subs.cribed 10 before me this 1,,'11I day of (khuuft ,2J02. , /), .',i.;~~ ,. en (- .;..: ,"J " , - ... :.:.1 , I , -i. ( , , , " \..,,' . : (Co l'_ " "'t~ ("-,) .J ;:.-) oJ "--=J "- c..: (.~ '.~ , ~i (:.J , .I ' , , .' '-. 1 ~-~ .::. If) I _'J :~: -, f. ~, Il.lj L, " I" ..... '- ,'. 0" :3 , ; c., (J . ~ Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTION CONCERNING nlls NOTICE, PLEASE CALL ATTORNEY STEPHEN J. LABROLl, ESQUIRE AT (2IS) 567-1530. ~k, ~~c.>~t 'a 4" dlpl6~ LEONARD, TlI.LERY & SCIOLLA, LLP BY: KEITlI N, LEONARD, ESQUIRE STEPHEN J.I.ABROI.I, ESQUIRE Allorncy I.D, Nos, 32963 and 78737 1515 Markcl Slreel. Suite 1800 Philadelphia, PA 19102-2068 Tclephone: (215) 567-1530 Attorneys for Plaintiff, KeyBank USA, N.A. !N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, N.A. Plainliff NO: 97-6082 vs, CIVIL ACTION - LAW SUSHlLL C, SHARMA Dcfendant ORDER AND NOW, this day of , 2002, upon consideration of thc Defendanl's Pctition to Open Default Judgment Pursuant to Pa,R,Civ.P. 237.3, and Plaintifrs Rcsponse in opposition thcreto, and after notice and any hearing and/or argument, good cause having becn shown; il is ORDERED and DECREED lhat thc Pelition is hereby DENIED, BY THE COURT: J, LEONARD, TILLERY & SCIOLLA, LLP BY: KEITH N. LEONARD, ESQUIRE STEPHEN J. I.ABROLl, ESQUIRE Attomey I.D, Nos, 32963 and 78737 ISIS Markel Strccl, Suilc 1800 Philadelphia, P A 19102-2068 Tclephone: (215) 567-1530 Attomeys for PlaintifT, KcyBank USA, N.A. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, N.A. Plaintiff NO: 97-6082 vs, CIVIL ACTION - LAW SUSHILL C, SHARMA Dcfendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO OPEN DEFAULT JUDGMENT PURSUANT TO Po.R.C.P. 237.3 I, Admittcd, upon infomlalion and belief, 2, Admittcd in part, Dcnicd in part, It is admittcd thaI KcyBank USA, N.A. (hcrcinaflcr "Key Bank") is a corporalion maintaining a place of business al 54 Stale Slrecl, Albany, NY, It is denied lhat KcyBank is lhe Defendanl inlhis matter, 3, Admitted, 4, Dcnied, It is spccifically denied that the Defendant had not been served, II is furthcr spccifically dcnicd lhal the Defendanl did not reside at 441 Sioux Drivc, Mechanicsburg, Pennsylvania, lhc addrcss oflhe rcsidence rcfcrcnccd in paragraph four. To lhc conlrary, according 10 informalion in possession oflhe Plainliff, lhc Dcfcndant rcsided at said rcsidcncc for sevenlcen ycars. By way of furthcr answer, the allcgalions conlained in lhis paragraph slate conclusions of law to which no responsive pleading is rcquircd, 5, Dcnicd, Thc allcgalions of lhis paragraph Slalc conclusions of law 10 which no responsive pleading is rcquircd, WHEREFORE, Plaintiff, K~yBank USA, N,A. rcquesls lhis Honorable Co un 10 cnlcr an Ordcr denyinll the relief requested. Respectfully submitted, LEONARD, TILLERY & SCIOLLA, LLP By ~~' Keilh rir. Leonard, Esquire Stephen 1. Labroli, Esquire Attorneys for Plaintiff I.EONARD, TILI.ERY & SCIOI.I.A,L1.P BY: KF:ITII N.I.EONARn, .:SQUIRF: Sn:pm:N J. !.t\BROI.I, ESQUIRE AlIorncy 1.0. Nos, 32%3 and 78737 1515 Markcl Slrccl, SuilC 1800 Philadelphia, PA 19102-2068 Tclephone: (215) 567-1530 Attorneys for Plainli ff, KeyBank USA, N.A. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, N.A, Plaintiff NO: 97-6082 vs, CIVIL ACTION - LAW SUSHII.1. C. SHARMA Defcndant CERTIFICATE OF SERVICE I, hereby certify that, concurrent with lhe filing of lhe foregoing Plainlifrs Response To Defendanl's Pelition To Open Default Judgment Pursuant To Pa.R,C.P. 237.3, I served a true and correct copy of same upon the following lhis day via firsl class mail: Fred H. Hail, Esquire Attorney for Defcndanl The Wellinglon 17 East High Slreet, Suile 101 Carlisle, PA 17013-3047 Date: -.2l \I I 0 Z- 8P~~I' ESQUIRE '" ~ >- (' i c: 1-'; 11 " i~ ~. 5-- , ..-) -:; )~... c_ :, '-j 'J "- <'1 r.~ . : Ii] ... "1(J... C,J :'3 CJ 0 Frcd II. lIait, Esq. 17 East High Street Suite 101 Carlisle, PA 17013 Attorney lor Defendant :rc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, N.A., Plaintiff No. 97-6082 Vs. Civil Action-Law SUSHILL C. SHARMA, Defendant MOTION FOR CHANGE OF LOCATION OF DEPOSITION, OR, IN THE ALTERNATIVE, MOTION FOR ALLOWANCE OF ATTORNEY FEES AND TRAVEL EXPENSES PURSUANT TO PA. R. C1V. P. 4008 Sushil C. Sharma, Defendant, by and through his ottorneys, Fred Hait & Associates, p,c., moves the Court for an order directing that the location of a deposition be changed from Philadelphia County to Cumberland County, or, in the alternative, that Plaintiff be charged with the Defendant's travel expenses and attorney fees for attending a deposition in Philadelphia County, for the following reasons: 1. This matter is currently before the Court on a petition to open a default judgment. 2, On 2/19/02, Judge Oler entered an order directing thot depositions be taken within 49 days of that order, 3, This matter is scheduled for argument to be held 5/22/02. 4, Plaintiff has noticed Defendant for a deposition to be taken 3/27/2002, commencing at 10 NIl, at the offices of Plaintiff's attorneys in Philadelphia, Pennsylvania. A copy of the Nolice of Deposition is attached hereto as Exhibit A, 5. Defendant resides in Cumberland County, and he works in Dauphin County. Defendant has limited means, and tra~el to Philadelphia County to be deposed in a Cumberland County case would be a substantial hardship to him. 6, Defendant's counsel is attached for several Workers' Compensation hearings in Chambersburg, Franklin County, Pennsylvania on the morning of 3/27/02. Because of the demands of Defendant's counsel's trial and hearing schedule, arranging his calendar IN THE COURT OF aJMMDN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, NA., Plaintiff Civil Actlon-Law VB. No. 97-6082 SUSHILL C. SHARMA, Defendant AFFIDAVIT Date I hereby verify that I have personal knowledge of all facta not of record set forth in the foregoing motion, and that such facts are true and correct, to the best of my knowledge, information, and belief, I acknowledge that any false statements herein are made subject to the penalties of 18 PB. C.s S 4904, relating to unsworn falsification to authorities. c2:P~ ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, NA, Plaintiff No. 97-6082 Vs. Civil Action-Law SUSHILL C. SHARMA, Defendant CERTIFICATE OF SERVICE I certify that concurrent with fll ing the foregoing Motion, I am serving a copy of same upon Counsel of record for the Plaintiff by Facsimile Transmission. addressed as follows: Stephen J, Labroli. Esq, Leonard. Tillery & Sciolla, LLP 1515 Market Street. Suite 1800 Philadelphia. PA 19102-2060 FAX No. (215) 564-4611 Date36~d- e tl#433 Attorney for Defendant The Well ington 17 East High Street. Suite 101 Carlisle. PA 17013-3047 (717) 249-4500/263-7344 249-2411 (Fax) pajob 1 awfh@aol ,com l ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J . . 8 A. Yeah. And from the basis of that, r think maybe from my originally letting him go back to work, the employer may have decided that he was okay to go back to work, a referen time? 17th woul A, recommended A, all during ~.-_._-'--- - But that'.s' not close to Oc;tober, Q, not close to October, no, A, I'd written nothing, Q, first see -- using October 19th as was your next visit after that A. i It was all about that time in July,! July the , , I have been the last time I saw Jeff/ey, Before you referred him to Dr, Ro~enwasser? It was right at that ViSit! that I we get consultation from ;fr. Rosenwasser, I Q. Q. I \~erstand. To ari\wer your \ October:,. The \. question, I did not see him at , next time thit I saw Jeffrey was that per~o'(j between July and , care 01 Dr, Rosenwasser and I / , / February 20th, 2001, So February he was under the hadn't seen him, Q, What were his/6'~mplaints as of February 20, // ~ complaint was that his .continued to burn, His vision is 2001? A. plural -- / eyes -- that's reduced, And Central Pennsylvania Court Reporting Services (717) 258-3657 or (800) 863-3657 or courtreporters4u@aol.com f,':~ I\....ECJit=tRD.TIu...Ep;t,', 5C1CLl..~ ~1S 664 .;lilt 2~,J2. 01-1 ~ 141 ~3 1.,62 P. ~. 0S .~.__._--,-----,,-..._~ Ii ,I .~. 2) topiu of yo III' (ederal and ltale till returns filed for the yeM 1997, 1998, ilIld 1999 3) topies o(your W-2111Ic'1I\ent fonhc yean 1997 thro..gh 200~. ~) the mOit recenllelephollll bill {or the plate in ...ruth you currently reside. 'i LEONARD, TILLERY & SCIOLLA, LLP ReipCClfully submitted, LEONARD, TILLERY & SCIOlLA. LLP By ~e Stephen J. L&broli, Esquire Attorneys for Pla.i.llliff ~""'f.,_ ,- '--~" I Ii ,I '...,.../ ~ ~ "-/ 1 W-e-i-d-l-e-r, and i.t was in reference to Jeffrey 2 Washabaugh, Dear Barbara, this is certified that I first 3 examined Jeffrey Washabaugh on 5/3/2000, At that time he 4 had sustained substa~tial corneal injury to the right eye and lesser so t~/the left eye as a result of a container of / , which was under pressure, that blasted the 5 6 7 right side his face and especially his right eye. , 8 has been a slow healing proces~ for Jeffrey \ L, Washab ugh, From the injury, Jeff was Place) on workmens ompensation, i , Initially, he had a great amount of rensitivlty i to his ey~s and blurred vision, On 6/5/2000 wj decided to' see if he \COUld tolerate the type of work he Is presently doing, I ~w him back in the office on 6~~/-- now, this letter was ~itten on July 14th -- at WhiJr. time he found that he was be~ng bothered with blurred Vision from the \ / fumes present when he was purging the propane tanks, As a result of the Origi~ injury and after / I examining the patient; I recornmen~ed that he should allow / more time for the eyes before ~ing back to work, And I'm hereby requesting that he ~~eturned to his previous disability status unti~ has further improvement ~n his / eyes, And you can~all me at 263-5384, / 9 10 11 12 13 14 15 16 17 18 19 :;:0 21 22 23 24 And-! think that's what you're referring to. 25 That was July 14, 20007 Q, Central Pennsylvania Court Reporting Services (717}258-3657 or (800}863-3657 or courtreporters4u@aol.Cpm - 7 ..ROt' ILECt~RO, ""'I U-EFt , . 6CICLLA 216 664 "611 ~~02,~U.1S 1"12.. ..,62 P,Cl6'0i -.- - . ~ LEONARD, TILLERY & SCIOLLA, LLP BY: KEITH;oJ, LEONARD, ESQUIRE STEPHEN J. LABROLI, ESQUIRE Anorn~y 1.0, r\Ol, 32963100 787,17 1515 MOlIloll SlI'CCI, Suile 1800 Philadelphia, PA 19102.2068 Telephone: (215) 567-1530 !: IN THE COURT OF COMMON PLEAS OF C1JMBERLAJ'ib COV:VrY, PENNSYL VANIA r, AttomeYI for PlainOn; KeyBank l:SA, N A. KEYBANK L'SA, N.A. PJuintiff NO: 97-G082 VI, CML ACTION. LAW I' 'SUSHIlL C. SHARMA Defendallt CERnFJCA T~ OJ' SERVJC1; I, hereby certify thlt a lrIlo and corre<:t copy or the 3nuc.h~d Noti~e or I1epolition hu bleJl Ii ICrved upon tho following this duy vi. uClimile nod fint clan mail, poltase preplid: ..-} '-f~" Fred H, Hlit, Elquire Attorney for Defendant The Wellinilon 17 East Hiall Street, Suite 101 Cutis Ie, PA 17013-3047 I Date: .:kh.-J Q \. OJ~- Slephen J. Labro ,Elqwre t.....\ J , 6 1 A. We saw him in 1996. 2 No. I'm sorry, Q, 3 A, That's the last time I saw him prior to this 4 accident, 5 ---- 'J'Mt's not what -I was asking. Q. 6 " A/ Okay, , ~Q. Mr, Washabaugh's employer has filed a workers' compensation petition asserting that he was fully recovered I frtm his eye injury as of October 19th, 2000. ~ A, Would you repeat that, I'm not\quite sure what y u're saying. \ I Q, We're here today because Mr, Washabaugh's e~P10yer is asserting that he was fully rei I vered from his May 3rd, 2000 injury as of October 19, 200 , '\A' Okay. I Q. So what I'm asking you is, whjt visit do you have ~~\:'s closest in time to Octobe;:{9th, 2000? A, ... _ I had written a letter to,; I think it would / explain that better here, I want t6 make sure I'm getting , / the dates right. / 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 / Essentially what i;: was, we had tried him to go / , back to work, even befor:/~ sent him to Dr. Rosenwasser, We let him try workin)}( And then he hcd a lot of / " discomfort, when he was purging the propane tanks, in his / eye, And this letter was to Barbara Weidler, 22 23 24 25 central Pennsylvania Court Reporting Services (717)258-365; or (800)863-3657 or courtreporters4u@aol.com fn [r,.,,-": ',T _,._ _. .. ': . ,'v. 1..- " , .' ".,",; "1'( _.t,-" C\ ~~t c:; i $- 1'- '-i I.>J 3~ j }' j 02 ,JUl/-'/ Fti 3: !':8 CUMi.\tFilJ'<':J Ij.UNTY PENNSYLV:\N&\ . IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA KEYBANK USA, NA. Plaintiff Civil Actlon--law VB. No. 97-6082 SUSHILL C. SHARMA, Oefendant JOINT MOTlON ANO STIPULATION FOR ENTRY OF AMENOEO JUOGMENT WHEREAS, on or about 2/6/02, Keybank, USA, N,A enterad a default judgmant against Sushi I C, Sharma in tha amount of $37,758,95, and WHEREAS, Sushil C, Sharma has petitioned to open tha default judgment, which proceeding is now panding before this court, and WHEREAS, the parties wish to amicably resolve their differences. NCliN, THEREFORE, Stephen J. Labroli. counsel for Plaintiff, and Frad H. Hait, counsal for Oefandant, being so authorized by their respective clients, hereby stipulate end agree that: 1. The judgment in this matter shall ba amandad to the principal sum of $14.588.17. 2, The Defendant's Petition to opan the previously entered default judgment shall be dismissed, Date 1 ~/.l... (1A~, Stephan J, Labro , 10 # 78737 Counsel for Keybank USA, ,A. Date 4o>.?;Ga- red H. Hait, 10 # 3 3 Counsel for Sushil C, Sharma \, - - "...... , - , - . - ' , . . , , , .,... r' : N G ~:: J: w '" ~. ,1~~ .1~j .-- /;0 -j;~ iii':Q lfl... , , ,- , ("'..; ,..' , " -, ..- " U '" o :5 U I . Fred HK &. Aoaoo__, P..c. The Wolingl<ln 17 E... High !kte... su.. 101 CorMIo, PA 17013-3047 1717) 24EM500 24!H!4111fBltJ p8JObll'WfhOeet1hlink.net ~ fOl'DoIond..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, NA.. PllIintiff Civil Act1on-Law Va. No. 97-6082 SUSHILL C, SHARMA, Defendant BRIEF OF DEFENDANT iN SUPPORT OF PETITION TO OPEN JUDGMENT FACTUAL BACKGROUND The Defendant, Sushill C. Sharma, has petitioned to open the default judgment entered in this matter. The record shows that the judgment was entered 2/6/02, Defendant filed his petition on 2/15/02, end atteched to the petition a proposed answer raising the stetute of limitetions as a defense, That defense was based on the following facts: The Complaint alleged that the action was based upon a written contract, and it alleged that the Defendant breached the contract on or about 1/26/95, The action was filed 11/13/97, but the Defendant was not served, The Sheriff filed a return on 11/10/97, indicating "not found." The Complaint was reinstated 12/23/97, but again was not served, The Sheriff filed a "not found" return on 1/9/98. The Plaintiff did not again reinstate the Compleint until 10/17/01, more then six yeers after the alleged default. ARGUMENT AfAY 16 tt'O<, . PAR.CIV,P. 237.3 MANDATES THAT THE JUDGMENT BE OPENED, BECAUSE THE PROPOSED ANSWER CXJIJTAJNS A MERITORIOUS DEFENSE, NAMELY, THAT THE ACl1JN IS BARRED BY THE STATUTE OF UMITATIONS, Pa, R Civ. P. 237. ,. pertaining to relief from judgment by non pros or default, provides that if a petition to open the judgment is filed within ten days after entry of the judgment, has attached thereto a verified copy of an answer that the defendant seeks leave to file, and if the proposed answer conteins a meritorious defense, the court shall open the judgment. Here, the petition was filed within ten days after entry of the judgment, and did have attached a verified copy of a proposed answer. Therefore, it would eppear that the only matter for decision is whether the proposed answer conte ins a meritorious defense, Defendant's proposed answer asserts that the action is barred by the stetute of limitetions, That is a meritorious defense under the facts of this case, The Complaint recites that the action is based upon a writtan contract. Such actions are, according to 42 Pa. c.s 8 5525. subject to u four year statuta of limitations. In Witherspoon v. City of Philadelphia. 564 Pa, 388, 768 A,2d 1079 {2001 J, our Supreme Court held that, in order to toll the statute of limitations, a plaintiff must continually reinstata original process and make a good faith effort to serva the defendant, Here, the docket demonstrates two attampts in 1997, and then no further efforts until 2001, more than six years after the alleged default. The Plaintiff has not alleged or shown that the Defendant was either concealing his whereabouts, or was abroad, or was otherwise unable to be located to be served, The 2001 Sheriff Return indicates that the Complaint was ultimately served on Defendant's brother at 441 Sioux Drive, Mechanicsburg, PA. That is the same address at which service was attempted in 1997. There is no indication that the Plaintiff ever attempted to depose the residents at that address . in an attempt to aacertain Defendant's whereabouts, or that Plaintiff ever sought leeve to effect service by eltsrnative meens, such es by publication. Therefore, this case falls squarely within Witherspoon: the Plaintiff did not meke a continuous good faith effort to affact service, Therefore, the ststute of limitations was not tolled. end this action is barred, Therefore, because t.he facts indicats that Defendant's ststute of limitations defense is likely to succeed, the Ruls 237.3 mandates that the judgment be opened, Respectfully submitted, Fred Hait & Associates, P.C. Attorneys for Defendant Freel H. Hait, 10 # ~3 1 The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 2494500 249-2411 (fax) pajoblawfh@earthlink.net . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA KEYBANK USA. NA. Plaintiff No. 97.6082 Vs, Civil Action-Law SUSHILL C. SHARMA. Defendant CERTIFICATE OF SERVICE I certify that concurrent with filing the foregoing Brief in Support of Opening Judgnent. I am servi ng a copy of same upon Counsel of record for the Plaintiff by First Class Mail. addressed as follows: Stephen J, Labroli. Esq, Via facsimile transmission to (215) 564-4611 Date~J62- F ed H, ai 34331 Attorney for Defendant The Well i ngton 17 East High Street. Suite 101 Carlisle. PA 17013-3047 (717) 249-4500/263-7344 249-2411 (Fax) pdJoblawfh@earthlink,net PA.R.CIV.P. 237.3 MANDATES THAT THE JUDGMENT BE OPENED, BECAUSE THE PROPOSED ANSWER CCX'IlTAJNS A MERI1ORIOUS DEFENSE, NAMELY, THAT THE ACTXJN IS BARRED BY THE STATUTE OF UMITATlONS, Pa. R Civ. P. 237. 1. ptlrtaining to relief from judgment by non pros or defeult, provides that if a petition to open the judgment is filed within ten days after entry of the judgment, hae atteched thereto a verified copy of an answar that the defendant seeks leave to file, and if the proposed answer conteins a meritorious defense, the court shall open the judgment. Here, the petition was filed within ten days after entry of the judgment, and did have atteched a verified copy of a proposed answer. Therefore, it would appear that the only matter for decision is whether the proposed answer conteins a meritorious defense. Defendant's proposed answer asserts that the ac.tion is barred by the statute of Iimitetions. That is a maritorious defense under the facts of this case. The Complaint recites that the action is based upon a written contract. Such actions are, according to 42 Pa, c.s 8 5525, subject to a four year stetute of limitations, In Witherspoon v. City of Philadelphia, 564 Pa, 388. 768 A,2d 1079 {2001]. our Supreme Court held that, in order to toll the statute of limitetions, a plaintiff must continually reinstate original process and make a good faith effort to serve the defendant. Here, the docket demonstrates two ettempts in 1997, end then no further efforts until 2001, more then six years after tha alleged default. The Plaintiff has not alleged or shown thet the Defendant was either concealing his whereabouts, or was sbroad, or wes othc: wise unable to be located to be servad. The 2001 Shariff Return indicates that the Complaint was ultimately served on Defendant's brother at 441 Sioux Drive, Mechanicsburg, PA. That is the same address at which service was attempted in 1997. There is no indication that the Plaintiff ever attempted to depose the residents at that address .~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA. N.A., Plaintiff No. 97-6082 Vs. Civil Action-law SUSHILL C. SHARMA. Defendant CERTIFICATE OF SERVICE I certify that concurrent with filing the foregoing Brief in Support of Opening Judgnent. I am serving a copy of sarre upon Counsel of record for the Plaintiff by First Class Mail. addressed as follows: Stephen J, Labroli. Esq, Via facsimile transmission to (215) 564-4611 Date~/C2- F ed H, ai 34331 Attorney for Defendant The Wellington 17 East High Street. Suite 101 Carlisle, PA 17013-3047 (717) 249-4500/263-7344 249-2411 (Fax) pajoblawfh@earthlink,net .. LEONARD. TILLERY & SCIOLl.A, U,P BY: KEITH N, LEONARD, ESQUIRE STEPHEN J, LABROLl, ESQUIRE AlIomey 1.0, Nos, 32963 and 78737 1515 Market Streel. Suile 1800 Philadelphia, PA 19102-2068 Telephone: (215) 567-1530 Auomeys for Plaintiff. KeyBank USA, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYBANK USA, N.A, Plaintiff vs. NO: 97-6082 CIVIL ACTION - LAW SUSHILL C, SHARMA Defendant ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Upon payment of your costs only, please mark the above judgment satisfied. Respectfully submilled, LEONARD, TILLERY & SCIOLLA. LLP By KeithN~~~' Stephen J, Labroli, Esquire Allomeys for Plaintiff >. co ('~ .r U~ co ; " ~5] ~ ' ., , :""..i - " >- r. 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