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HomeMy WebLinkAbout00-08406 ,f-I , ' , -, _~ "--k _ ~ _ _~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PEOPLES STATE BANK, Plaintiff NO. 6C - I'~do C'l;Ltl~ vs. JAMES P. DEENY, JR. and KELLY DEENY, Individually and Jointly, Defendants 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 is 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 document, 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. NOTICIA Le han demandado a used en la corte. Si used quiere defenderse de estas demandas expuestas en las paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notificacion. Used debe presentar una apariencia escrita 0 en persona 0 por abogado yarchivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra desu persona. Sea avisado que si used no se defienda, la corte tomara medidas y puede entrar una orden contra used sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Used puede perder dinero 0 sus propiedades 0 otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TlENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTEDE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASSISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 800-990-9108 Document #: 188662.1 ,- , ,~'liIIIlllI!it, . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PEOPLES STATE BANK, NO. tkJ- r'lOc, ~ ~ Plaintiff vs. JAMES P. DEENY, JR. and KELLY DEENY, Individually and Jointly, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Peoples State Bank, by and through its attorney, Steven C. Courtney, Esquire and Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support thereof, avers as follows: 1. Plaintiff, Peoples State Bank, is a [mancial institution qualified to conduct bnsiness in the Commonwealth of Pennsylvania with offices and/or a place of business situate at 100 East King Street, East Berlin, Adams County, Pennsylvania. 2. Defendant, James P. Deeny, Jr. (hereinafter referred to as "Deeny"), is an adult individual with a last known address of 119 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Kelly Deeny (hereinafter referred to as "K. Deeny"), is an adult individual with a last known address of 119 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. Document #: 188662.1 j" ~-"",: 4. Defendant Deeny is, and at all relevant times material hereto was, the primary loan applicant. 5. Defendant K. Deeny is, and at all relevant times material hereto was, a co-applicant of the loan for Defendant Deeny. 6. On or about October 29, 1999, Defendants applied to Plaintiff for a loan for the purpose of purchasing a motor vehicle. A true and correct copy of the loan application is attached hereto, incorporated herein and marked as Exhibit "A". 7 . The loan application submitted by Defendants was approved by Plaintiff and Defendants signed the Motor Vehicle Installment Sale Contract (hereinafter referred to as "Contract"). A true and correct copy of said Contract is attached hereto, incorporated herein and marked as Exhibit "B". 8. The Contract marked as Exhibit "B" contained the terms and conditions of the extension of credit agreed to by the Defendants. 9. Between December 6, 1999 and January 21, 2000, various payments were made by Defendants as repayment of the monies borrowed from Plaintiff. A true and correct copy of the statement of account, consisting of two (2) pages, reflecting payments made by Defendants to Plaintiff, is attached hereto, incorporated herein and collectively marked as Exhibit "c" . 10. On or about May 23, 2000, Plaintiff provided a letter to both Defendants stating that the vehicle purchased by Defendants, a 1995 Oldsmobile Aurora, serial number lG3GR62C1S4107357, is being considered as a repossession and unless payment in full was made on the outstanding loan balance, the said vehicle would be sold at a public sale on account of the Document #: 188662./ ,., ~ , ~. ~ c. ,,__ '>"'li'~ Defendants and Defendants would be still responsible for any resulting deficiency. A true and correct copy ofthis letter is attached hereto, incorporated herein and marked as Exhibit "D". 11. As a result of Defendants' failure to cure the default in payment, Plaintiff sold for and on account of Defendants said 1995 Oldsmobile Aurora at Gettysburg Auto Exchange, LLC. 12. On or about October 2, 2000, Plaintiff provided a letter to Defendants indicating that there was a resulting deficiency after the sale of the 1995 Oldsmobile Aurora in the amount of Six Thousand Three Hundred Ninety-two and 42/100 Dollars ($6,392.42). A true and correct copy of this letter is attached hereto, incorporated herein and marked as Exhibit "E". 13. Plaintiff has maintained a statement of account, marked as Exhibit "C", keeping an accurate and running amount of debits and credits made on Defendants' account. 14. Plaintiff has submitted to Defendants a copy of the statement of account accurately showing all debits and credits for transactions with Defendants. 15. As of October 25,2000, the balance due, owing and unpaid on Defendants' loan account with Plaintiff is the sum of Six Thousand Four Hundred Nine and 36/100 Dollars ($6,409.36). See Exhibit "C". 16. Pursuant to the terms and conditions of the extension of credit contained in the Contract, Plaintiff is entitled to receive and Defendants agreed to pay an annual interest charge at a rate of 10.262% on the principal loan balance. 17. Pursuant to the terms and conditions of the extension of credit as set forth in Exhibit "B", Defendants agreed to pay reasonable attorney's fees and all court and collection costs. Document #: ] 88662.1 'I. _I ~ I I ~- ~' 18. Plaintiff has retained the services of the law fIrm of Metzger, Wickersham, Knauss & Erb, P.C. in the collection of the amounts due and owing by Defendants. 19. As of the fIling of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Metzger, Wickersham, Knauss & Erb, P.C. in the collection of the amounts due from Defendants incident to the within action, and Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 20. The amount of attorney's fees incurred in this matter is the sum of One Thousand Nine Hundred Twenty-two and 81/100 Dollars ($1,922.81). 21. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 22. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. COUNT 1 PEOPLES STATE BANK v. .JAMES P. DEENY, JR. 23. Plaintiff incorporates by reference Paragraphs one (1) through twenty-two (22) of the instant Complaint as though the same were set forth at length herein. 24. Defendant Deeny has accepted the monies borrowed from Plaintiff pursuant to the terms and conditions of the Contract marked as Exhibit "B". 25. Defendant Deeny has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. Document #: 188662.1 ~~ - ,1I 26. Despite Plaintiffs reasonable and repeated demands for payment, Defendant Deeny has failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account balance, all to the damage of Plaintiff. WHEREFORE, Plaintiff, Peoples State Bank, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, James P. Deeny, Jr., in the amount of Six Thousand Four Hundred Nine and 36/100 Dollars ($6,409.36), plus interest at an annual rate of 10.262%, reasonable attorney's fees in the amount of One Thousand Nine Hundred Twenty-two and 811100 Dollars ($1,922.81), the costs of this action, and such other relief as the Court deems just and proper. COUNT 2 PEOPLES STATE BANK v. KELLY DEENY, Individually and Jointly (CO-APPLICANT) 27. Plaintiff incorporates by reference Paragraphs one (1) through twenty-six (26) of the instant Complaint as though the same were set forth at length herein. 28. On or about October 29, 1999, Defendant K. Deeny signed the loan application and the Contract as a co-signer for a loan made by Plaintiff to Defendant Deeny. See Exhibits "A" and "B". 29. Pursuant to the terms and conditions contained on the Contract, Defendant K. Deeny agreed to be responsible for the repayment of the monies borrowed by Defendant Deeny from Plaintiff in the event of a default in payment. See Exhibit "B". Document #: 188662.1 ......1 , J _"._,,~ " ,.i, "'I~, i I I i 1 I I I , I 30. As of the filing of this Complaint, there exists a balance due and owing on Defendant K. Deeny loan account with Plaintiff. See Exhibit "C". 31. By reason of the foregoing, the amount of Six Thousand Four Hundred Nine and 36/100 Dollars ($6,409.36), plus interest at an annual rate of 10.262 %, is currently due and owing to Plaintiff by Defendant K. Deeny. 32. Pursuant to the terms and conditions of the loan application, Defendant K. Deeny further agreed to pay all costs and expenses, including attorney's fees incurred by Plaintiff in the collection of monies owed to Plaintiff by Defendant. 33. Despite Plaintiff s reasonable demand for payment, Defendant K. Deeny has failed, refused and continues to refuse to pay all sums due and owing to Plaintiff pursuant to the terms of the loan application as a co-applicant. WHEREFORE, Plaintiff, Peoples State Bank, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, Kelly Deeny, in the amount of Six Thousand Four Hundred Nine and 36/100 Dollars ($6,409.36), plus interest at an annual rate of 10.262 %, reasonable attorney's fees in the amount of One Thousand Nine Hundred Twenty-two and 81/100 Dollars ($1,922.81), the costs of this action, and such other relief as the Court deems just and proper. Respectfully submitted, Metzger, Wickersham, Knauss, Erb, P.C. Document #: 188662.1 Dated: 26 November 2000 Document #: 188662.1 , I By: Ste n . 3211 Harrisburg, (717) 238-8187 LD. # 74669 Attorney for Plaintiff . _I '~l1/d(itc:', ~ ~'_"~,~"O" " - ~ , - .....k~_'"'-'~..-j..,'_""",,~'''',%<,,~,,: '0 tfonsumer Loan Application irg~ '100 E. King Street P.O. Box 1000 East Berlin. PA 17316 (800) 772-9868 "Lender" Amount of Loan Requested: Payment Date Requested' Purpose: 12,414.82 November 29. 1999 Purchase Vehicle .;.:.;.:.:.:.:.:.:.:.:.:.:.:.:.;....:.;.:.. :;:::::::::::::;:::;:::::::::::;:::;::::::: ::::ellm$ij::~ijmijijijiin::ygUf$ij!Mjir,:illEiiI~"'.'UQliiltII":Im~1liliilijliJ: Co-Applicanfs Name KeD L. Deen Yrs/Mos Home Address Number and Street 116 119 Rolo Coort City, State, Zip Code Mechanicsbor PA 17055 Social Security Number 166-60-0404 Driver's License No. .'.:.; ;:::::;::::;::;:~::;::::~:;::~ '::;::;~::::::: ::::;::::::::H::':'" Applicant's Name James P. Deen Jr, Home Address Number and Street 119 Rolo Coort City, State, Zip Code Mechanicsbur PA 17055 Social Security Number 180-56-9594 Driver's License No. rs/Mos 116 Applicant's Previous Home Address Home Phone No. 71 795-7373 No. Dependents Business Name or Employer Laird Enter rise Business Address Number and Street Co-Applicant's Employer Wears Like New YrsfMos Business Address Number and Street 1 Yrs/Mos 16 City, State, Zip Code City, State, Zip Code PA PA (717) 730-3333 Position Position Co-Applicant's Monthly Pro ert Mana er Clerk Employmenllncome $ 1 450 Previous Employer Co-Applicant's Previous Employer Yrs/Mos Fox Market 2 / Burlin ton 3 I ::::I:IiII:&lilll.~I~~I!.lj:~I~I;iliji!li~"iI..I~li~~li'lf~1:!.i~I.~i~mil!~.lil~I~~II~li~:;:::::I:: Annual Interest & Dividend Income Monthly child support or separate Other Monthly Household.lncome Please describe the sources of Other Household Income. $ maintenance. $ $ :,J.I.H"'l'::!:I:II',:Iii:ijmlm:;.IJI#:lill~:,II~"IIWImli~~~:I~,III:iM~il:I:..:"l;I" Applicant Separated Unmarried (including' single, divorced, and widowed) Co-Applicant Separated Unmarried (including single, divorced, and widowed) ,,'" ii:::ii:'::::::::'::i:::, IFT"".,........,.,.." :;n;J;U\)I!&Utl!'(jjllbSilitiif'}Ji;i~ijl!W.lf.Hl\:imo.iiiht$.;:;J:;}:i":' ':""':':'/:':'::::':'::'%: :f'f'gWI::::::}:"i""'.'" Rent Home X Own Home in the following name(s): James P. And Kell Monthly Rent or Payment Purchase Price $247 $ Name and address of Mortgage Holder or Landlord L. Deen Jr. Original Loan Amount $16 485 Tammac Financial Corp. Balance Owing $ 16 317 Present Value $ Date Purchased Name of My Bank Checking Account No. Savings Account No. Have you ever had a judgment filed Yes Date: against you or declared bankruptcy? X No Name of nearest relative not living with you (Attach details.) Monthly child support or separate maintenance payment. $ Value OBLIGATIONS Description Relationship Address ASSETS Assets Cash in Banks Stocks or Bonds Automobiles Real Estate Amount Owed Monthly Payment $ $ Unsecured Bank Loans Secured Bank Loans Auto Loans Total Real Estate Obligations Life Insurance Loans Credit Card Debt Other Obligations $ 16 317 247 Life Insurance (Face Value) $ Retirement Funds, IRA's Other Assets Other Assets t:::Htrtlt~g~$~~!U $ $ 16 317 $ 247 $ -16 317 N/e represent that this application is complete and accurate and fully reflects my/our financfal condition on the date shown below. IN/e authorize Lender to obtain a credit report md any other information it deems necessary about my/our credit worthiness. IN/e agree to notify Lender immediately, in writing, of any adverse change In my/our financial ~ondition. I/we understand that Lender will retain this Application whether or not it is approved. 0 Lender may share Information about you with other organizations that are Is affiliales unless you dlr~Lendet:..!!ot to do so. If you do not want lender to share such Information with Its 7( tes, please Initial here. ~ ' '- ) C ---=~~, - ) fi fJ .-__ \ ~ ,,-;>, _' --------__ '\ f_ \ I' I JYA plicant's Signature I Date X C -Applicant's Signature Date MAST001 (f) John H. Harland Co. (8/18/97) (800) 937-3799 Please attach any additional information that will be helpful in approv;nn your arplicalioll. ...:1 .-, ,I - ...~.:..-.,~- .:: '_"._._...n... ------._- ~:~SB , STAlEBtlNK "';'::, '"BOMOWER Deeny,' Jr. ". ,-:. Deeny ,)"""';; AXED RATE CONSUMER NOTE, DISCLOSURE AND SECURITY AGRIEEMENT if" JB P. Kellt L. o 100 E. KIng Slreet P.O. h 1000 EaslBerlln,PA 17316 (800)n2-9868 -Lender" :h:~ ;~Dpj:i:~S~<::::: ,,' PA 17055 '";:;,)W:/'Y 'J,:i#~_tii#AjfrJNmi,':;f 20120Il-9 48 $ 338.74 Monthly beginning 11/29/99 DEMAND FEATURE: This loan contains a demand feature. e mean an es 1m e IlEQUIRED DEPOSITS: 0 The Annual Percentage Rale does nol take Into account required deposits. SECURITY: A security Interest has been granted In: 0 Collateral securing other loans wllh lender may also secure this loan; ~ Any deposit accounts of Borrower wlfh lender; (!JThe good$ or properly being purcl1ased; [gher. FlUNG FEES AND TAXES: $ 5. 0 0 In f&es and taxes are being paid to public ofllclals In order 10 research, perfect or release a S8CIJrffy Interest In the Collateral. PREPAYMENT: If Borrower pays all early, Borrower D may [jI will not ha~e.to pay a penalty. o may 0 w(ff not be entmecf to a refund of part of the ffnance charge. ITEMIZATION: []gBorrower has the right to receIve at thIs time an itemization of the Amount FInanced. Borrower [jI does Ddoes not want an Itemlzallon. LATE CHARGE: " a paymenf Is received more lhan ~ days late. Borrower will be charged a late Charge of: 0 % or the unpaid amout of the late payment; ~ 5 .00 % of the unpaid amount of the late payment or $ 25. 00 wt,lchever Is []!'pater OOs. ASSUMPnON: OOThls loan may not be assumed on Its origInal terms, DThls loan may be assumed on Its origInal terms, subject to certain conditions. See the provisions below and on the revers$ skle for addllJonallnformatlon about nonpayment, delault, prepayment penall1as and relunds and acceleration. PROMJSE TO PAY: F[)1 vaJu,e recsJved", B01rorter l;l1omlses to pay 10 !he order 01 lender lhe prlnclpa! amount of Thirteen Thousand Two Hundred Biqhtv N1ne ana 9811-00 _ DOllars ($ n.289.98 plus Inlarest on the unpaId principal balance at the rale and In the manner described below, until all amounts owing under this Note are paId In full. All amounts. received by lender shaD be apPlIed fitsl 10 accrusd, unpaid in!erest, Ih8n to tmpald pI/ncJpa! and Ih8n to any late charges, as described above, and expenses or In any other order as determIned by lender, In lender's sole dlscreUon, as permlllBd by law. INTEREST RATE: Interest shaR be computed on the basis of the actual number of days over 365 days per year. Interaston th~ Note shall be calculated and payable ata fixed rate of 10.250 % per annum. POST-MATURITY RATE: Alter maturity, whether due to scheduled maturity or accelerallon, lender may Increase the Interest rate on thIs Note to: Rate in effect at time of maturit lus two ercent 2%. or the max mum nterest rate ar Is perm lied to c arge w, c ever sIess, m the ate maw Iy un PH . PAYMENT SCHEDUlE: Borrower shall pay the ptlnclpal and Interest according to the followIng 'schedule: 47 payments of $338.74 beginning November 29, 1999 and continuing at monthly time intervals thereafter. A final payment of the unpaid principal balance plus accrued interest is due and payable on October 29, 2003. PREPAYMENT: Thill; Note may be prepaid In part or In full on or before Its maturity date. If this Note contains more than one Installment, any partial prepayment will not affect the due date or the amount of any subsequent Installment, unless agreed to, In writing, by Borrower and Lender. If this Note !!-'prepaId In lull there wlll be: og No minimum IInance charge or prepayment penalty. D A mlnlmtJm finance charge 01 $ U A tKepayment penalty of= COLLATERAL: To secure the payment and performance of the Obllgatlons (as defined on the reverse sIde), Borrower grants to lender a sElCurity Interest In and pledges and as$Igns to lender all of Borrower's right, tlUe and Inlerest In the following described property whether now owned or hereafter exlsl1ng or aCQuired and wherever located (the .Collateral'): la> All monies, Instruments, savings, checkIng and other accounts of Borrower (excludlnp....'.RA, Keogh, trust accounts and oUler accounts subject to lax penalties If so assIgned) that are now or In the fUlurec In lender's custody Of control; (b) L3" checked, the following property as well as any other property described In any other securlty Instruments securIng this Note or all 01 Borrower's oblIgatIons: 1995 Oldsmobile Aurora Sedan serial number 1G3GR6~C1S4107357 and, (C) All proceeds and products of the property as well as any replacements, accessions, substitutIons, and additions to any of the above. RENEWAl; 0 If checked, thls Note Is a renewal, but not a satIsJacllon, of Loan Number . INSURANCE elECTION: Credit Life. Accident and Health, and/or Involuntllll'Y Unemployment Insurance are not required to obtllln credit and will rlot be provided unless Borrower(s) sighs and agrees to pay the addltlonat cosl. VENDOR'S SINGLE INTEREST ,.VSI'11NSURANCE MAY BE OBTAINED FROM AN INSURER OFBORROWER'8 CtlOlCE; HOWEVER, lENDEFJ RESERV.eSTtlE mGtlT TO REFUSE TO ACCEPT SUCH INSURER FOil REASONABlE CAUSE. No Insurance Is provided unless a premIum Is psid end a polley IslsluCId. INSURED: JoULts PI DqnyiJr. CO-INSURED: PREMIUM BIRTH DATE: uctooer 26, 969 BIRTH DATE: TERM , ~RED1TUFE (~CRED'TUFE 48 months $ CCIDENTANDHEAlTH c,.'\''4...\\.t. f\ ACCIDENTANDHEAliH 48 months $ INVOLUNTARY UNEMPLOYMENT ,.t) INVOLUNTARY UNEMPLOYMENT $ BORROWER DECUNESAU OF THE ABOVE BORROWER DECLINES ALL OF THE ABOVE ~ WER ELECTSVSI INS~THRgY.GlUe::~~_~ ._._,. .... ~-=>~~.~ ER: ames' eeny, .Jr. OflAOW eyeD TH PERSONS IGNING BELOW ACI<NOWLEOGETt-lA TTHEY HAVE READ, UNDER5TAND,AND AGREETO THE TERMS AND CQNDITIONSOF THIS NOTE. INCLUDING THE PROVISIQNSON THE REVERSI S10 ,ANe-FtfRTHER ACl<NOWLEOOE RECEIPT OF AN EXACT COPY. ~~'~ESS~'REO","~~"~:~' "~";;~:~";;~;~'OOI""rum~:g9;h~v" "i :t;e;;11 ~999 , oWE :JameS\P:-Oeeny , Jr. fkJowe -'i;'fly Ii. Deeny I '- , (S,"II 231.2lL- 643.87 nla ~ n/a 875.16 ill (Seal} n(~ea.'l, - ' ",-I ~, , ""-CO -1- 'h' ~~- o o AB-Ial REL # 3,00,00 (BRANCH 61, OPER JEP) TUESDAY OCT 2'1 2000 INQ - TRANS HISTORY DEENY JR JAMES P CUST - NO 20 I 20 I I 9 DEPT-NO 3 LOAN-NO 20 I 20 I I 8 EFF DATE? Y OR N (N) ENTER NIL TO LIST ALL RECORDS - OR STARTING POINT AS MMYYYY D LOAN-NO P CL RATE TIC BR A DATE PRIN-AMT INT-AMT LOAN BALANCE 3 20 I 20 1 1 8 0 0'1 10,250 800 61 110398 13,28888 ,00 13,288,88 3 20120119 00'1 10,250 801 61 120688 186,82- I'll ,82- 13,08306 3 20120118 0 0'1 10,250 802 61 010700 875,16- ,00 12,217,80 3 20120118 0 0'1LT CHRG 830 61 011300 ,00 16 8'1 12,217,80 3 20 I 20 I I 8 0 0'1 10,250 812 61 011800 875, 16 ,00 13,083,06 3 20 I 20 I I 8 0 0'1 10,250 823 61 011800 ,00 16 8'1- 13,083,06 3 20120118 0 0'1 10,250 801 61 011800 757 ,56- 117 ,60- 12,335,50 3 20120118 0 0'1 10,250 801 61 012100 290,38- '18,36- 12,0'15,12 3 20120118 0 0'1LT CHRG 830 61 0'11300 ,00 7,05 12,0'15 12 3 20120118 0 0'1LT CHRG 830 61 051200 ,00 16,8'1 12,0'15 12 3 20120119 0 0'1 10,250 805 61 053000 hI"'" \c,~ 130 00 ,00 12,175,12 3 20120118 0 0'1LT CHRG 830 61 061300 ,00 16,8'1 12,175,12 Cant i nue, End . c ....;;,I~ L o Iii:cl:':ih,. RB - 10 I REL # 3,00,00 (BRRNCH 6 I, OPER JEP) TUESDRY OCT 2'1 2000 INQ - TRRNS HISTORY OEENY JR JRMES P CUST-NO 20120119 DEPT-NO 3 LORN-NO 20120119 EFF DRTE? Y OR N (N) ENTER NIL TO LIST RLL RECORDS - OR D LOAN-NO P CL RRTE TIC BR R DRTE 3 20120119 0 0'1LT CHRG 830 61 071'100 3 20120119 0 0'1LT CHRG 830 61 081100 3 20120119 0 0'tLT CHRG 830 61 091300 3 20120 I 19 0 0'1 10,250 802 61 100600 &".. 3 20120119 0 0'1LT CHRG 830 61 101300 nD INT STRRTING POINT PRIN-RMT ,00 ,00 ,00 6.865,00- ,00 RS MMYYYY INT-RMT 16,9'1 16,9'1 16,9'1 ,00 16,9'1 165,96 LORN BRLRNCE 12.175,12 12,175,12 12,175,12 5,310,12 5,310,12 , ""-'-"" -,-, ,"iJ1 --" ,- , . ~. . ~jiL - MAR. -02' 98!MON) 13:44 PSB F (NANCE DEPT. TEL:717+259+8778 P. 005 MR- 2-98 liON 11: 31 1I0LFSONKAHAN FAX NO. 8481146 P.OS , VERIFICATION I, Cieorgla A. Bear, Vice Pl'ClSldent of Collections for Peoples State Bank, wrlfy that the stalements made in the foregoing Complaint are true and correcllO the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904, ~atinllo unsworn falsification to authorities. DATE: /fj~ '. a 1/ , Vice Pres. Of Collections \ \ ~~lli~~~~~II;l~iilJrrilr":>l"g~m,,,,"",,-~*,'li;>i!.J!J,;,;j~lllll!"~tl"'<' "J.iiilWii";';")~'~'~'-" . .~~ '~~"~.~'.~lIlMllllll~ lSliIli ~. "",:1 1 I I I I I 1i ~ .~ ~ 'l h P B - d () 6 ~ Iv --0 0 ~ I j () 0 0 9' ~ 0 ""-j f' ~ c:l .-f ~ ""0 OJ p, - Qn! n i+id1 L::n zc;: I ~~i:? ~ 02'. ~ l<t5 =4{.J -u :r.:21 ~C) 3: 0-'- ~8 zC) ~ Om Z '" ~ =< l.X) -< " ,,' .e.,~ ~" ~~.I . ~ , ",' .,- , ...~ I _ _ " .~ J~~ " ,....-"ML_ ,. ~- ""~ -~" ~ I -" ~-,. ~., ~'t1llflm,!,__ .... . CASE NO: 2000-08406 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEOPLES STATE BANK VS DEENY JAMES P JR ET AL 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 DEENY JAMES P JR the DEFENDANT , at 0018:50 HOURS, on the 12th day of December, 2000 at 119 ROLO COURT MECHANCISBURG, PA 17055 by handing to KELLY DEENY 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 18.00 6.82 .00 10.00 .00 34.82 So Answers: r:~~-~~.p R. Thomas Kline me this lee> /f- day of 12/14/2000 METZGER, WIC~KERSHAM( By: ~ Deputy e' C? , Sworn and Subscribed to before ~ dl<rvD A.D. Q a.~ r~onotary ,~ ,t,,,,""'" < ~ '"~. . '~,~ L " " I _ J, ~~,~~ l, 1 ilK_l!lib) " 'I ... . SHERIFF'S RETURN - REGULAR CASE NO: 2000-08406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PEOPLES STATE BANK VS DEENY JAMES P JR ET AL 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 DEENY KELLY the DEFENDANT , at 0018:50 HOURS, on the 12th day of December, 2000 at 119 ROLO COURT MECHANICSBURG, PA 17055 by handing to KELLY DEENY 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 6.00 .00 .00 10.00 .00 16.00 So Answers: ~r;,(:~~<~~ R. Thomas Kline Sworn and Subscribed to before 12/14/2000 METZGER, WICKERSHAM ~ BY:--z4X _ Deputy sher({-i me this If~ day of Ate7/;; oHrvJ . A 0 .---J4= Illk<Nl, ,~ honotary I _. I ~ ~ -~ :;i _> ~_ - i ".-, ,-" -"~: '. Godfrey & Courtney, P.C. BY: _ Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 6280 Harrisburg, PA 17112 Attorney for Plaintiff (717) 540-3900 PEOPLES STATE BANK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYL VANIA vs. : NO. 00-8406 JAMESDEENY, Defendant CIVIL ACTION -LAW STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, Peoples State Bank, by and through their attorney, Steven C. Courtney, Esquire, intends to proceed with the above captioned matter. Respectfully submitted, .C. By: Dated:! ~l) Stev C. 0 s lire A me ID# 7~9Ji9 P.O. Box 6280 Harrisburg, PA 17112 717-540-3900 Attorney for Plaintiff Document #: 21859- I ~i!Rtm@l~ill;!!:.!HHL>t>iMiijC<iJ'''''i!<'lW!kWfit"")f;iMi~i;H."''';;.!t>'*,W,~~;,,,,,,,_i,,,,,,,,,,,"'~1<l~j['-'ili_"..1!Jlli~mrilj ,~, '. -nc'-~'-_ --.,~..,' '~_, ."f ,__~~_""_,_n",,,,, ""'_~-"",__,,. _'_~":"_,I' - ,V.'Y:;",;>lf.' ~,-I_" ."'N."'~ -c' >,t",."-_4k~,, ". - '^ ",., ~.. - ,.=1. . ,,:l:\';lW_W!lt.j~:J'i- , , "~~ I I I (") ;;:.::.:- C' C c.::: ~'''.., 5: U) -o.CC1 n', fl'iff'i "0 .~;.; Z:.r., :i'z~ ~~' [,;:0 ,<C ~"O '.;~~~ >:c " ~,. :;;SCJ )>c: .. :'::1 ~ '~ 5- \0 c< , .