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HomeMy WebLinkAbout07-1294COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THE WASHINGTON SAVING BANK F.5.B. Plaintiff No. (~^j -. ~~QY ~~ ~ ~ ~'~ " ` tU~ vs. STEVEN F. E5PAMER CIVIL ACTION Defendant 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND ASSOCIATE P.C. By: onald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THE WASHINGTON SAVING BANK F.S.B. Plaintiff No. d'~ . ~24y vs. STEVEN F. ESPAMER CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $8,935.78, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, THE WASHINGTON SAVING BANK F.S.B. is located at 4201 Mitchellville Rd #30, Bowie MD 20716-3163. 2. The Defendant, STEVEN F. ESPAMER is located at 321 N. 30th St., CAMP HILL PA 17011. 3. Defendant executed and delivered to Plaintiff, for value received, a promissory note for the sum of $41,600.00 which was payable in monthly installments, as fully described in the attached note. A true and correct copy of said promissory note is attached hereto, made a part hereof and marked Exhibit "A" . 4. The above promissory note, attached hereto as Exhibit "A", provides that in the event of Defendant's failure to pay any of the installments when due, then all remaining installments shall at the option of the Plaintiff become immediately due and payable. 5. Defendant defaulted in the payment terms of the above note. 6. By reason of Defendants failure to pay the installments when due, Defendant has defaulted on said promissory note, and pursuant to such, has caused the entire balance of $6,889.17 to be immediately due Plaintiff. 7. Plaintiff has performed and complied with all terms and conditions required under said above note. 8. Pursuant to the written terms of the aforesaid note Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 9.75 % per annum to the past due balance. As of February 17, 2007 the total amount of interest due to plaintiff is $637.67. 9. Plaintiff is entitled to have the 9.75 % interest charge continue to accrue as set forth above, from February 17, 2007 on down to the date of judgment in this matter. 10. In accordance with the aforesaid agreement, Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $1,408.94. 11. The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $8,935.78 together with the continually accruing interest charge at the agreed rate of 9.75 % per annum from February 17, 2007, and cost of suit. COUNT II Alternative to Count I -Unjust Enrichment 12. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 13. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 14. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 15. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 16. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 17. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $6,889.17. WHEREFORE, Plaintiff demands judgment against Defendant for $6,889.17 together with the continually accruing interest charge at the statutory rate of 6.00 % per annum from February 17, 2007, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND SSO TES, P. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Loan ID # pp2398ds MORTGAGE NOTE -INTEREST MONTHI.Y -BALLOON -PENNSYLVANIA (v.10/98) PAGE 1 MORTGAGE NOTE $41,600.00 FOR VALUE RECEIVED, I/we, the undersigned, jointly and severally promise to pay to the order of THE WASHINGTON SAVINGS BANK, FSB, a corporation organized and existing under the laws of the United States of America hereinafter referred to as "Lender," at the address of 4201 Mitchellville Road, Suite 300, Bowie, Maryland 20716, or at such other place as the holder hereof may designate in writing, the sum of Forty One Thousand Six Hundred and no/100- - - - - - - - - - - - - - - - - - Dollars($41,600.00 ) and such additional sums as may be advanced hereon by the holder according to the term of this Note to the maker hereof (or to his devisees, heirs or assigns) together with interest from date until paid at the rate set forth herein. Interest shall be computed at the per annum rate of seven and three quarters percent ( 7.750 %) (which shall be calculated on the basis of a 360-day yeaz daily interest factor applied to the actual days elapsed). Said interest shall be payable in monthly installments based on the outstanding loan balance commencing on the first day of November, 2.003 ,and continuing on the fast day of each month thereafter until October 24th, 2004 ,when the entire principal, plus accrued interest and other charges thereon, shall become fully due and 'payable in a balloon payment. All payments received shall be applied to escrow items or costs and advances, if any, under the Mortgage securing this Note, then to late charges, if any, then to accrued interest and then to principal, or such other order as Lender may choose from time to time. This Note may be prepaid in whole or in part at any time, without premium or penalty. AND IT IS FURTHER AG3tEED THAT said Lender may, at its exclusive option, advance sums at any time for the payment of taxes, assessments and premiums on fire, extended coverage, flood, and other hazazd insurance on the property on which this Note is secured, and for premiums on any life insurance policy assigned to the Lender or wherein the Lender is beneficiary and which is held by the Lender as additional collateral for the indebtedness hereunder, and any sums so advanced shall be added to the unpaid balance of this indebtedness and shall be due and payable on demand at the option of the Lender. IN THE EVENT title to the property conveyed by the Mortgage securing this Note shall become vested in anyone other than the maker hereof, then and in that event, the entire unpaid balance of the aforesaid principal sum and interest accrued thereon shall, at the option of the holder hereof, immediately become due and payable. IN THE EVENT that any monthly payment hereunder shall become overdue for a period of in excess of fifteen (15) days a "late chazge" of five percent (5%) of a total amount of any delinquent or late periodic installment of interest and principal may be chazged by the holder hereof for the purpose of defraying the expense incident to handling such __.....~,.,,.,~ payment. IN THE EVENT of the failure of the undersigned or any transferee borrower to pay any monthly installments when due, or any of the advances made hereunder, or, in case of any default under the Note, or the Mortgage the holder hereof shall have the right to declaze the entire remaining indebtedness immediately due and payable, and failure to exercise such right shall not constitute a waiver of the right to exercise the same upon any continued or subsequent breach. EXTENSION TERMS: In the event that the Note is not fully repaid on the maturity date, then, commencing on the day after the maturity date, the loan shall be in default, and, until the principal is repaid, the annual rate of interest shall increase to be a new annual rate equal to two percent (2%) above the per annum rate of interest stated above. In addition to collecting interest at the default rate, Lender may at Lender's option, following Borrower's failure to repay principal at maturity, give notice to Borrower that Lender has extended the maturity date- for a six (6) month period. Borrower shall then pay to Lender an extension fee, in the amount of one half percent (0.5 %) of the Loan Amount, in consideration of Lender extending the date of principal repayment for six (6) months from the original maturity date. ~- ` ~~ PAWXFl - 08102001 ~' c'~ ' www.Mort a eB f r a s,~~. ~ g 8 anl~-gSystems.com Loan ID # pp2398ds MORTGAGE NOTE -INTEREST MONTHLY -BALLOON -PENNSYLVANIA (v.10/98) PAGE 2 THE MAKERS, sureties, guarantors and endorsers of the Note, jointly and severally, hereby waive notice of any consent to any extensions of this Note, the maturity date, or any payment date, or any part thereof, and consent to such additional advances as may be made hereunder in accordance with the terms hereof and of the Mortgage securing this Note, without notice, and each hereby waives demand, presentment for payment, notice of non-payment and protest, and any and all notices of whatever kind or nature, and the exhaustion of legal remedies hereof. IN CASE any provision (or part of any provision) contained in this Note, shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceabiliry shall not affect any other provision, or remaining part of the affected provision of this Note, but this Note shall be construed as if such invalid, illegal, or unenforceable provision (or any part thereofl, had not been contained therein, but only to the extent which it is invalid, illegal or unenforceable. THIS NOTE IS SECURED by a Mortgage of even date herewith, which Mortgage is intended to secure the original obligation evidenced by this Note and all additional advances which may be made in accordance with the terms hereof and of the provisions of the said Mortgage, and in case of default the makers and endorsers agree to pay all expenses, including reasonable attorneys' fees, title examination and appraisal costs that may be incurred in collecting this Note, or any unpaid portion thereof, regazdless of whether suit has been filed thereon. I/We hereby waive the benefit of homestead exemption as to this obligation. WITNESS the following signatures: Steven F. Espamer -Borrower -Borrower -Borrower -Borrower -Borrower -Borrower CERTIFICATE OF IDENTIFICATION FOR MORTGAGE NOTE This is to certify that this is the Note described in and secured by a certain Mortgage, bearing even date herewith conveying property described as: 2155 Logan Street Harrisburg, PENNSYLVANIA 17110 Said Mortgage and Note having been executed by the makers thereof in my presence My Commission Expires: _ ~ (SEAL) Not blic NOTARIAL SEAL Public PAWXF2 - 08102001 Stephanie M. Rider, Notary Camp Hill, Cumberland County www.MortgageBanldngsystems.com My Commission Expires Oct. 31, 2005 VERIFICATION Jeff Whittaker hereby states that he is the Sr. Vice President of The Washington Savings Bank, F.S.B., a corporation, Plaintiff in this action, and verifies that the statements made in the attached Statement of Account are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. Jeff 'ttaker, Sr. Vice President, - The hington Savings Bank, F.S.B. O:\Collections\Forms\VERIFICATION - Espamer.doc Date: Z, " ~ ] _ ~ ~ ~+l ~[ ,.` 3 ~T ~ G a _T} \.,./ F 1 , i i~( V ~ ~ p ~ ~ ~"~ ~:: rt ~ w ~' ,~ N _ ~ .-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THE WASHINGTON SAVING BANK F.S.B. Plaintiff vs. STEVEN F. ESPAMER Defendant No. 07-1294 Civil CIVIL ACTION PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendantls) only and assess damages as follows: Debt 58,935.78 Interest (from February 17, 2007 to April 24, 2007 at 9.75°lo per annum) 89.35 Payments Total 59,025.13 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Pursuant to RCP 237.1, I certify that a copy of the annexed written notices} of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record', if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was mailed to all parties on April 11, 2007. Dated: 2007 AMATO AND ASSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 2060778 ~~ ~~l -' is tti .~'.. ~ t , ; r ~ %ti _ _ ;~ t , ~ ~ o ~ C~ -O tir'! ~, "r ~ ~ ~ ~ ~ i Ct. W G G . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THE WASHINGTON SAVING BANK F.S.B. Plaintiff vs. STEVEN F. ESPAMER No. 07-1294 Civil CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $9,025.13 ON !r ~ 8 , 2007. ( 1 A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. ~~ PROTHO OTAR MBERL ND COUNTY If you have any questions concerning the above, pease contact the undersigned. AMATO AND ASSOCIATES, P.C. Bv: ~1_ / R6nald Amato, Esq., Atty lD #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THE WASHINGTON SAVING BANK F.S.B. Plaintiff vs. STEVEN F. ESPAMER Defendant No. 07-1294 Civil CIVIL ACTION CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 4201 Mitchellville Rd #30 Bowie MD 20716-3163 I do certify that the precise last known address of the within named defendant is: 321 N. 30th St. CAMP HILL PA 1701 1 AMATO AND AS OCIATE , P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM o~,~.I~`rr.('~~ ~ ';i~~i~ d ~ ~i~ ~°~~ S` i~~~~ «QZ ~r ~ ~ ~~ ~t~~~~~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THE WASHINGTON SAVING BANK F.S.B. Plaintiff No. 07-1294 Civi{ vs. STEVEN F. ESPAMER CIVIL ACTION Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF NORTHAMPTON The undersigned, being duly sworn, according to law, deposes and says that the above Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of The Servicemembers Civil Relief Act of 2003; That Steven F. Espamer is over 18 years of age, resides at 321 N. 30th St., CAMP HILL PA 1701 1 and is employed; Sworn to and subscribed before me this"~,~ day of ~ ri ~ 2007 A.D. NOTARY BLI NOTARIAL SEAL QEOFFREY Q SCHOENECK Notary Public HANOYER TOWNSHIP, NORTHAMPTON CNTY My Commisslon Expires Mar 29, 2008 ~. ~ ~ ~~ ~t~ ~ ~ ~ ~{~ ~ Q~~ Vin, , ,^ (~~ CIS -,, ,_. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW THE WASHINGTON SAVING BANK F.S.B. Plaintiff No. 07-1294 Civil vs. STEVEN F. ESPAMER Defendant(s) TO: Steven F. Espamer 321 N. 30th St. CAMP HILL PA 17011 Date of Notice: April 1 1, 2007 IMPORTANT NOTICE YOU ARE 1N 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street .Carlisle, PA 17013 (717} 249-3166 AMATO AND ASSOCi TES, P.C. By: Ronal mato sq., Atty iD #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (6101 866-0400 A DEBT COLLECTION LAW FIRM ~ , 'I'v _~~t.. LS ~Z1 ~1d ~- ~;~'~! L~~Z SHERIFF'S RETURN - REGULAR CASE N0: 2007-01294 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON SAVING BANK F S B VS ESPAMER STEVEN F KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ESPAMER STEVEN F was served upon the DEFENDANT at 2052:00 HOURS, on the 20th day of March 2007 at 321 N 30TH STREET CAMP HILL, PA 17011 KATHLEEN ESPAMER, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.40 __ ,-~`~~,~ Affidavit .00 ~ Surcharge 10.00 R. Thomas Kline ` .00 42.40 03/21/2007 D~ AMATO & ASSOCIATES Sworn and Subscibed to ~a$Ib~ By: before me this day De t S f of A.D.