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Home My WebLink About03-0569ALLFIRST BANK, Plaintiff VS. DAVE F. LOVELAND a/k/a DAVID F. LOVELAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW No. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-9166 or (800) 990-9108 Notice Required Under the Fair Debt Collection Practices Act, 15 U.S.C. ~ 1601 amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 72 Pa. Con. Stat. Ann. §201, et seq. ("The Acts"). To the extent that the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law finn, unless the debtors/mortgagors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors/mortgagors notify the creditor's law finn in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law finn. 5. If the creditor who is named as Plaintiff in the attached Complaint is not the original creditor, and if the debtor/mortgagor makes written request to the creditor's law finn within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law finn. 6. Written request should be addressed to: Marc A. Hess, Esquire HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland Cotmty is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. ALLFIRST BANK, Plaintiff VS. DAVE F. LOVELAND aJk/a DAVID F. LOVELAND, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : CIVIL ACTION - LAW : : No. : 3. At a specific instance, the Defendant applied for and was granted credit by Plaintiff at the terms and conditions agreed upon by the parties, as more specifically set forth in the Allfirst Bank Home Improvement Preferred Customer Application and Agreement (the "Agreement"), a true and correct copy of which is attached hereto, marked as Exhibit "A" and made a part hereof. 4. Pursuant to the terms of the Agreement, on or after June 30, 2000, Plaintiff granted Defendant credit up to Twenty-Five Thousand Dollars ($25,000.00) and Defendant made various purchases on said credit. COMPLAINT 1. Plaintiff, Allfirst Bank, is a Maryland State chartered commercial bank, with an office located at 3607 Derry Street, P.O. Box 4662, Harrisburg, Pennsylvania 17111. 2. Defendant, Dave F. Loveland a/k/a David F. Loveland, is an adult individual with a last known address of 3703 Leyland Drive, Mechanicsburg, Cumberland County, Pennsylvania 17150. 5. In breach of his obligations under the Agreement, the Defendant has failed to make payments on the credit granted and stun financed when due and has not made any payments since May 12, 2002. 6. The terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 7. Per the terms of the Agreement, the Defendant has agreed to pay Plaintiff its reasonable court costs and reasonable attorney's fees incurred in collection of the monies owing. 8. Plaintiff avers that the balance due amounts to Twenty-Two Thousand Nine Hundred Sixty-Two Dollars and Ninety-Four Cents ($22,962.94), together with reasonable attorney's fees and court costs. 9. Although requested to do so by Plaintiff, the Defendant has willfully failed and refused to pay the amount due Plaintiff and/or any part thereof and has not made payment on the above-referenced account since May 12, 2002. 10. This is an attempt to collect a debt. Any information received may be used for that purpose. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $22,962.94, together with reasonable attorney's fees and c urt costs. DSS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ALLFIRST BANI( Walter Leader Collection Manger Officer ~,o-,t~s-~ I~:~ DAVID8 FURNITURE JOINT APPLICATION CDIVIDUAL A*"LICATION __SELLER FA¢~__) . ~ PLEASE PROVIDE AT LEAST A TWO YEAR RESIDENCE AND EMPLOYMENT APPLICANT Name (L~t) CO-APPLICANT Menlhly mortgsfie or rent ~y emma ~ ~eltion Warn the~e Pr~iO~ly empl~ by Poni~on ~mse Yearn ~ere (~ se~ ~po~} ~ 4 ye~ Te~ ~ ~ ~- Mm~(e m~en name ~ f O~ ~ · Non.ere? (lot ieeuH~ pu~ea) ~s ~ If NO r.j wt.'e? Notice to Applicant: A consumer credit report ma . ' a consumer report was re ueste . _ y be requested w,th the rocessJn f - nished the report Subse"~;nf ,~d~.n--dLif such. report .was requested, inforPr~ed of g o your credit. Upo.n_r_equest, you will be informed · . . ' ...... ~u[.er re orts .. . the name and addre . whether or not rlze us to investigate credit an,~ ~, ...... .P~.. may ~.e requested or utilized ~n conno,~- .-.:-,* - .s~ uf the consumer reporting aoencv fhnt f,,r amount. . .....F,~,y,,,e,, ,,story ancl request that Jf ou do not a ;i~TM '~1~';' ~a~n,.,~p~a..~, r_en_e_w?l or extension .of-cre~dit,/ou a~tk'~- Y _ua - for .... .~-~.,,~u an~our3L we may oOrlsJder you for a lesser Il' this application is approved you agree to all the tar our assignee ma roy d ' ' ms and conditions of the atta - . o · Y p . e n!ormation about you or your accoun oh.ed Agreement which are ncor orated ' y u other tinanc~al services m the future ; to others for marketing purposes and we n,,- ~-:P---- here~n,,.b.~ refe.rence. We and ......... ~,~nee, or any amnate e~her may offer NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT, (2) YOU ARE ENTITLED TO A COM- PLETELY FILLED-IN COPY OFTHIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHTTO PAY OFF IN ADVANCE THE FULL AMOUNT DUE. BY YOUR SIGNATURE BELOW~ YOU ACKNOWLEDGE THAT YOU HAVE READ AND RECEIVED A COPY OF THE AGREE- MENT BEFORE MAKING ANY PURCHASES UNDER THIS ACCOUNT. IMPORTANT NOTICE FOR SALES OF HOME IMPROVEMENT GOODS AND HOME IMPROVEMENT SERVICES: YOU, THE BUYER, MAY CANCEL EACH TRANSACTION FOR HOME IMPROVEMENT GOODS AND HOME IMPROVEMENT SERVICES AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THE TRANSACTION. SEE NOTICE OF CANCELLATION FORM, PROVIDED TO YOU, FOR AN EXPLANATION OF THIS RIGHT. API~iCa mt signature X~ Date Driver's license a.~/~~State Account No. Initial purchase amounl Co-applicant signature Driver's license #_ Approval No, Credit line approved .State o m o o o ALLFIRST BANK, Plaintiff VS. DAVE F. LOVELAND a/k/a DAVID F. LOVELAND, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Marc A. Hess, Esquire of the law firm of Henry & Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorney for Allfirst Bank, the Plaintiff in the above-captioned matter. Date: February ~ ,2003 HENRy~ LLP __ BY" M~RC~f~-i4ES S/~ I.D. #55774 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00569 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS LOVELAND DAVE F AKA DAVID F LO CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LOVELAND DAVE F AKA DAVID F LOVELAND the DEFENDANT at 3703 LEYLAND DRIVE , at 2030:00 HOURS, on the 27th day of February , 2003 MECHANICSBURG, PA 17150 by handing to DAVE F LOVELAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~ ~ day of ~ ~B A.D. / Prothonotary So Answers: R. Thomas Kline 02/28/2003 HENRY & BEAVER .,"7 ~---~Deputy S55eriff ALLFIRST BANK, Plaintiff VS. DAVE F. LOVELAND a/k/a DAVID F. LOVELAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW No. 2003-00569 PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Allfirst Bank, and against Defendant, Dave F. Loveland a/k/a David F. Loveland, for his failure to plead to the Complaint in this action within the time required. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendant was served with the Complaint on February 27, 2003, and his answer was due to be flied on March 19, 2003. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was given in accordance with Pa.R.C.P. 237.1 by regular mail to the Defendant at his last known address on March 20, 2003, which is at least ten (10) days prior to the filing of this Praecipe. To the best of the undersigned's knowledge and belief, Defendant is not represented by counsel of record in this matter. Please enter judgment against Defendant in the amount of Twenty-Two Thousand Nine Hundred Sixty-Two Dollars and Ninety-Four Cents ($22,962.94), together with reasonable attorney's fees and court costs, being the amount demanded in the Complaint. HEN~~__~_ By: // ~...4'~ ~' I~'IARC X. I4E~g I.D. #55774 93 7 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plair~tiff - 2 - ALLFIRST BANK, Plaintiff VS. DAVE F. LOVELAND aJk/a DAVID F. LOVELAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW No. 2003-00569 To: Mr. Dave F. Loveland a/k/a Mr. David F. Loveland 3703 Leyland Drive Mechanicsburg, PA 17150 Date of Notice: March 20, 2003 PS ,~orm 3817, JaDuary 2001 - "~" s r~T NQTICE Affix fee here in S~am or meter no_. Ps Post m=.~ ·~age and ...... nqUlre o, [VE FAILED TO ENTER A WRI' "It AND FILE IN WRITING WITH THE ¢ THE CLAIMS SET FORTH AGAINST : YS FROM THE DATE OF THIS ;AINST YOU WITHOUT A HEARING )THER IMPORTANT RIGHTS. YOU . 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: LEGAL SERVICES Cumberland County Bar Association 2 Liberty AVenue Carlisle, PA 17013 (717) 249-9166 or (800) 990.9108 B Y :i~~ 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff ALLFIRST BANK, Plaintiff VS. DAVE F. LOVELAND a/k/a DAVID F. LOVELAND, Defendant To: Mr. Dave F. Love/and a/k/a Mr. David F. Loveland 3 703 Leyland Drive Mechanicsburg, PA 17150 · IN THE COURT OF COMMON PLEAS · CUMBERLAND CO., PENNSYLVANIA · CIVIL ACTION. LAW · No. 2003-00569 NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.p. Rule 236 please be advised that judgment by default in. the above proceeding was entered against you on ~, 2003 in the amount of Twenty. Two Thousand Nine Hundred Sixty-Two Dollars and Ninety-Four Cents ($22,962.94), together with reasonable attorney's fees and court costs. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. PROTHONOTARY Date: 2003 ALLFIRST BANK, Plaintiff VS. DAVE F. LOVELAND a/k/a DAVID F. LOVELAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW No. 2003-00569 TO THE PROTHONOTARY: PRAECIPE - SETTLE & DISCONTINUE X - SATISFY I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Plaintiff