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Home My WebLink About00-08132 ~"(' ~ . .' J, '.~..' , 'HJiiw::'!i:;"" . , MID PENN BANK Plaintiff Il'~THECOURTOF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000 - f/6J..... CiufT~ KIM A. HElM Defendant CIVIL ACTION - LAW 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 CouI1 without further notice for any money claimed in the Petition or for any other claim or relief requested by Petitioner. 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. CENTRAL PENNSYLVANIA LEGAL SERVICES 213A N,Front Street Harrisburg, PA 17101 1 (800) 932-0356 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualguier gueja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. CENTRAL PENNSYL VANIA LEGAL SERVICES 213A N. Front Street Harrisburg, PA 17101 1 (800) 932-0356 G:\WPIDOCICIV.FLE\Mf'B-Hcim,kim D ~Iio<" _.~' ~~ ;~J ." ' _ , , ,,' i ~-~...~~~ MID PENN BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2000 - Y/3.l C;,;J I~ KIM A. HElM Defendant CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Mid Penn Bank, is a banking corporation authorized to do business in the Commonwealth of Pennsylvania, with offices located at 349 Unions Street, Millersburg, Dauphin County, Pennsylvania. 2. Defendant, Kim A. Heim, is an adult individual whose last known address is 11 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant and Shelby K. Minier, formerly Shelby K. Heim were formerly husband and wife. 4. Defendant was formerly employed by Mid Penn Bank for more than nine (9) years. 5. On April I, 1996, Mid Penn Bank loaned the principal sum of $28,200.00 to Defendant and his wife. A true and correct copy of the April 1 , 1996 Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. The stated purpose of the April 1, 1996 loan was "consumer:modify term and payment on loan #021-217-5." 7 . To secure the April 1 , 1996 loan, Defendant and his wife gave Mid Penn Bank a security interest in property located at R.R. I, Box l41-A, Dornsife, Upper Mahanoy Township, Northumberland County, Pennsylvania 17832 O:\Wl'\DOC\CIV.FLElMPB-Heim.kim m ,<-...k.,"~,~ '='0 - ,~= ~.- ~ ,,"' ."._~ " ,~ -=--><''''~~ . ' 8. The property described in paragraph seven (7) was subject to a first mortgage held by Mid Penn Bank, dated March 26, 1996 and on the Dauphin County Recorders Office at Deed Book 1041, Page 552. 9. Defendant and Shelby K. Minier subsequently divorced. 10. Shelby K. Minier filed for bankruptcy on July 24, 1998 under Chapter 7 of the Bankruptcy Code and received a discharge in bankruptcy on November 4, 1998. 11. On October 31, 1997, Defendap.t conveyed the real estate to Mid Penn Bank by Deed in Lieu of Foreclosure. 12. On July 9, 1998, the real estate was sold by Mid Penn Bank and the proceeds were applied to the balance of the first mortgage. 13. The proceeds of the sale ofthe real estate conveyed to Mid Penn Bank in lieu of foreclosure were insufficient to satisfY the Defendant's indebtedness to Mid Penn Bank. 14. Defendant agreed to repay Mid Penn Bank in partial payments of$IOO.OO per month which were applied to the outstanding principal balance of the loan. 15. The last payment from Defendant in the amount of$IOO.OO was received on or about January 17, 2000 and was applied to the outstanding principal balance ofthe loan. 16. Defendant has defaulted and breached the terms of the April 1, 1996 Note, insofar as he has failed to make timely payments of principal and interest as required. 17. Defendant has failed and refused to pay Plaintiff under the terms of the April 1, 1996 Note although repeatedly requested to do so. 18. The principal balance owed by Defendant to Plaintiff on the April 1, 1996 Note is Twenty-Four Thousand Seven Hundred Twenty Eight and 15/100 Dollars ($24,728.15). G:\WP\DOCICIV.FLE\MPB-Hcim,kim :;""'-"""""'''''-'''''',,",~'~"~'' J , ~ , ,~~ - , '"~ _ Yl'ii ." 19. Defendant agreed to pay Plaintiff all reasonable costs incurred by Plaintiff to collect the debt owed by Defendant to Plaintiff under the terms of the April 1, 1996 Note, including, but not limited to, reasonable attorney's fees. 20. By reason of the aforesaid default and violation of the April 1, 1996 Note by Defendant, Plaintiff is entitled, under the terms of the Note, to the entry of a money judgment against Defendant in the total amount of $26,736.30 of which $24,728.15 is principal, $1,857.12 is interest through November 30, 2000 and $151.03 are late fees together with reasonable attorneys' fees and costs. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $26,736.30 plus interest, late fees, costs of suit and reasonable attorneys' fees. Respectfully submitted, Christian S. Daghir, Es 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Plaintiff G:IWP\DOC\CIV,FLElMPB.Heim,ki,u ""1___' ~~ '-~"""""I~: . ' ., 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 ofl8 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. I~r~ Dated: ~lAJ G:\WP\DOC\CIV,FLE\MPB-Hcim.kim ~,,,._-" ~............""'..... . ~" , ,i...~~~~~""' H~...,,",,.,',~''''~ili'llilll-' I . , MID PENN BANK KIM A HEIM' , Cy(~JS}-3 349 UNICN STREE:I' SHELBY K HEIM loan Number MILLERSBURG, PA 17061 RR1 BOX 141A Date APRIL 1 1996 OORNSIFE, PA 17823 Maturity Date MAR. 15 2011 LENDER'S NAME AND ADDRESS Loan Amount $ 28 200.00 "You" means the Lender, its successors and assigns. BDRROWER'S NAME AND ADDRESS Renewal Of TERMS FOLLOWING A 0 APPLY ONLY IF CHECKED ftl" includes each Borrower above, jointly and severally. NOTE - For value received., I promise to paV to '1'ou, or '1'our order, at your address above, the principal sum of: 'IWENIY ErGHI' ~ '1m HUNDRED AND NO/100* * * * * * * * * * * * * * * * * * * * * * * * Dollars $ 28 , 200 . 00 plus interest from APRIL 1. 1996 at the rate of 8 .250% per year until FIRST ClmN3E DATE: o ADDITIONAL FINANCE CHARGE - I also agree to pay a nonrefundable fee of $ . and it will be 0 paid in/~ash. 0 paid pm rata over the loan term. 0 withheld from the pr(Jceeds. (If this fee is withheld from the proceeds, the amount is included in the principal sum.) Xl VAR1ABLE RATE. The rate above may change so as always to be ~ 'IO MID PENN BANK PRIME RATE the following index rate: . The interest rate may not change more than The annual interest rate in effect on this note will not at any time be more than on this note may change las often as) tJlJNIHLy increase in the interest rate will cause an increase in 0 the amount of each scheduled payment. % each 21.000 % or less than %. The interest rate in effect (assuming there is a change in the base rate) and an /Xk.the amount due at maturity. 0 the number of payments. PAYMENT ~ I will pay this note as follows: (a' ~ Intarest duo: WIlli PRINCIPAL Principal due:CN DEM1\ND. BOI' IF NO DEM1\ND IS MADE: (SEE (b) BEIJ::::W) (b) Xl This note has 180 payments. The first payment will be in the amount of $ 274.53 and will be due APRIL 15 I 1996 . A payment of $ 274.53 will be due on the 15'IH day of each M:f.'\1IH thereafter. The final payment of the entire unpaid balance of prinCipal and interest will be due IVmR.OI 15. 2011 .NTEREST - Interest accrues on a AClUAL/360 basis. 0 RETURNED CHECK CHARGE ~ I agree to pay a fee of $ Xl MINIMUM FINANCE CHARGE _ I agree to pay a minimum finance charge of :~rs i~~~ ~~:tCi~ r~~3~~~b~eeg~~:~ %f h":~~~::~:s~~~~~~.1 issue In connection with $ 7 . 50 if I pay this loan off before you have earned that much in POST-MATURITY INTEREST. Interest will accrue after maturity on the unpaid finance charges. 'balance of this note on the same basis as interest accrues before maturity, unless a specific post-maturity interest rate is agreed to in the next sentence. Xl Interest will accrue at the rate of 8 . 250 % per year on the balance of this note not paid at maturity. including maturity by acceleration. l-A TE CHARGE - I agree to pay a late charge on any installment or pa'1'ment made rTlore than 1.5 days after it is due equal to 5.000% of the l-lnpaid amount or $ , whichever is THE PURPOSE OF THIS LOAN IS - ~: J.IIl)DIFY TERM AND P~ CN LOAN #021-217-5 SECUR1TV - You have certain rights that may affect my p~operty as explained on page 3. This loarJOO is 0 is not further secured. (al IXXThis loon is secured by SHORr FORM J'IORIGAGE . dated APRIL 1, 1996 (b) KXsecuritV Agreement. I give you a security interest in the Property described below. The rights I am giving you in this Property and the obligations this agreement secures are defined on page 3 of, this ~weement. YOUR ~ID'ENCE ~ AT R..R.. 1. BOX 141-A, OORNSIFE, UPPER MAHANOY 'lO'lNSHIP, NJRIHU'olBERLAND o::xJNI'Y, PENNSYLVANIA 17823 This Property will be used for ~ purposes. ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED TOT At OF PAYMENTS I have the right to receive at this The cost of my credit The dollllr amount the The amount of credit The amount I will have paid when time an itemization of the. es a yearly rate. creditwiU cost me. provided tomeor on my behalf. I have made all scheduled payments. Amount Financed. R ,70% $ ')1 ."" An $ 28 200.00 $ 49 415.40 YES. I want an itemi:zation. My Pttyment Schedule will be: NO . t do not want Number of Payments Amount of Payments When Payments Are Due an itemization. 180 $ 274.53 M:NIHLY BIDrnNIN3 APRIL 15 1996 fteft means an estimate. $ $26.50 Filing Fees $ $ Nonfiling Insurance $ XX This note has a demand feature. D This note is payable on demand and all disclosures are based on an assumed maturity of one year. n Variable Rate { o My loan contains a variable rate feature. Disclosures about the variable rate feature have been provided to me earlier. (Check onel XXI The annual percentage rate may increase during the term of this transaction if MID PENN BANK PRIME ~ INCR:E:ASES . Any increase will take the form of AN INCREASE IN '!HE 1\MJUNI' DUE Nr MAnlRITY If the rate increases by 1. 000 % in ctiIE JI'I:M:'H , the AMJUNT DUE Nr MAnlRITY will increase to $6. 795 ~ 45 . The rate may not increase more often than once KJMllILV . and may not increase more than % each . The rate will not go above 21. 000 %, Security - I am giving a security interest ,n: ~ (brief description of oEU)XropertYI~~ I.lX:7crED 'Kr RR. 1. o the goods or property being purchased. 141A, IFE, 17823 o collateral securing other loans with you may also secure this IOem. 0 Required Deposit. The annual percentage rate does not take into account is. my deposit accounts and orner rights to the payment of money from you. my required deposit. Late Charge. I will be charged a late charge on any payment m8de more than 15 days after it is due equal to 5 . 000 % of the unpaid amount, or $ , whichever is Prepayment - If I payoff this note earlv, I Ktmay o will not have to pay a minimum finance chtlrge. o If I payoff this note early, I will not be entitled to a refund of part of the additional finance charge. n. Assumption - Someone buying the property securing thls obligation carnot assume the remainder of the obligation on the original terms. I can see my contract documents for any additional information ab,o' t nOfmaVmel1t, default, any reauire repayment before the scheduled date, and prepayment refunds and penalties. VARIABLE/SIMPLE INTEREST NOTE. DISCLOSURE. AND see ,EXHIBIT CONS6~ LOAN - NOT FOR OPEN-END CREOIT (t)1981, 1988 Bankers Systerns.lnc.. St. Cloud, MN \1-800-397.2341) aye 1 of 31 "rc,,\~ . "\~ 1'I(II''f'11XL """,ei'<j I\WQ I A ......", iIo \0'\ -', , ~ ,-"-- ,_ v ",' -'~.:-: ~ ' "".' ~"-'o~~;,.G;.."",~,,,.:.....c">~-.'I11["'~~ : "~'~.w~':,lItlIJT ;...-,;..,;~""~~~_~~'"~' '~~~lt. " '6<. ~ - (.).} .c tt ~ ~ ~ ~ ~CJOt/) I\)() I -Ul/J p:. !f- ~ ---.( --- , ""--'~ () S <, -ofi1 n.'lfTi ~~;" r-: r"", ~'--' ~() ",-0 .,P c: z =< ,-". -".,'.;. ,~", o <.:.') ;r: r-~~) "rW ,~ ::r; .~ ":'-J'~ '-0 ~" ':-:~;C) '-,---' '., ~ ,:,~~~ Om ,.., ..". ~ -< G) r" 'H"~"~--"'l: -I I 1",'1 r , E, I, '01 ,-'I . i , Ii , I 1',,1 [,:1 , I pi r:i I:" :" Iii ,;, 'I :",1 , "I i I :j , ;1 ::-':'J 8 I::j 1'1 ".' iil ;; I ~'1 'I 'I I, Ii I I I II Ii J "-'. b.. " > ,~ ..'ti!~;:; SHERIFF'S RETURN - REGULAR CASE NO: 2000-08132 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MID PENN BANK VS HEIM KIM A DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEIM KIM A the DEFENDANT , at 0017:04 HOURS, on the 28th day of November, 2000 at 11 ROBIN CT MECHANICSBURG, PA 17055 by handing to KIM HEIM 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: Docketing Service Affidavit Surcharge So Answers: ~~~e'~~l 18.00 7.44 .00 10.00 .00 35.44 R. Thomas Kline 11/30/2000 EARL R. ETZWEILER Sworn and Subscribed to before By: \J~Dn ~. 'LR Deputy Sheriff me this JS ~ day of ~~ A.D. ~t2 ~,~ Prothonotary' '''"''--''''''cl'-''''-;'':' ';~i. .,~;,<,., ',.""." ',' ,- MID PENN BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 8132 of 2000 KIM A. HElM Defendant CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendants in the action above-captioned for failure to file an Answer to the Complaint within 20 days after service thereof, see Sheriffs Return filed, and within 10 days after notice of default was forwarded to the Defendants, which notice was mailed on December 20, 2000, and assess damages as follows: Principal amount due $24,728,15 Interest from 01/01/2000 to 01/04/2001 1,973.01 at 8.25% per annum Late Fees 164.76 Attorneys fees 1,343.30 and filing costs 80.94 Total $28,290.16 "~, ,,' ~-'~", "'-~ __",1~-';,,~,' ,,,,,/,,,,-, '-'"'~'-,,,-,,-__ ,.",_" ~'"' ,,'Y'~~"',,,,_. '~I,__"_:, '-,,';0, I certify that at least 20 days has elapsed from the service of the Complaint and that at least 10 days has elapsed since the Notice of intent to Enter Judgment was filed, Defendant has failed to file a response with th~C ~. Christian S. DaghiI: Etzweiler and Ass 105 N. Front St. Harrisburg, P A 17101 (717) 234-5600 AND NOW, this~dayof Ja,u. ,2001 judgment by default was entered in favor of Plaintiff and against the Defendants in the action above-captioned in the amountof$ together with interest at the rate of 15% per annum. Curtis R. Long, ProthonotaI)J '0 ,d" j,. ~-- , ~" . ' MID PENN BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2000-8132 CIVIL TERM KIM A. HEIM Defendant CIVIL ACTION - LAW NOTICE OF INTENT TO ENTER JUDGMENT TO: KIM A. HEIM DATE OF NOTICE: DECEMBER 20, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HA VB FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOU DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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: DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581 105 N. Front Street .:~~ ETZWE~iAN~ ASSOCI~ TES oof' /, / / '\ / , I; f /, ',/,/ -rent I} ('/ !By:! !)~ <----" <('c:.::r ~ '-"C\1ristian S, Daghir, Esquire 105 North Front Street , Harrisburg, PA 17101 -- (717) 234-5600 U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY "E US,fD POOR DOMEsnc AND INTERNATIONAL MAil, DOES NOT PROvluE FOA INSURANCE-POSTMASTER Received From: Etzwei1er and Associates I Harrisbur PA 17101 One piece of ordinary mail addressed to; Kim A. Heim 11 Robin Court Mp('n;:tT1;{'~hlll"g~ PA 1711"" I DC 1:_. 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