HomeMy WebLinkAbout01-03825
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
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CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - .JP06S
CIVIL TERM
vs.
STEVEN A. FAILOR and CYNTHIA
L. FAILOR,
Defendants,
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
II
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT.Lt\W
26 W. High Street
Carlisle, P A
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 -
CIVIL TERM
vs.
STEVEN A. FAILOR and CYNTHIA
L. FAILOR,
Defendants.
COMPLAINT
AND NOW, comes Plaintiff by and through its attorneys, SAIDIS, SHUFF,
FLOWER & LINDSAY, and states as follows:
1. Plaintiff is CONSECO FINANCE CONSUMER DISCOUNT
COMPANY, a corporation, duly organized and doing business at 7360 Kyrene Road,
Tempe, Arizona 85283. Plaintiff is the successor in interest to GREEN TREE
CONSUMER DISCOUNT COMPANY.
2. Defendants STEVEN A FAILOR and CYNTHIA L. FAILOR, are
adult individuals, residing at 925 Mount Rock Road, Newville, Cumberland County,
Pennsylvania 17241.
3. On November 27, 1998, Defendants entered into a Note wherein
they promised to repay a loan to Plaintiff in the amount of $200,000.00, payments to be
made monthly in the amount of $2,331.29, on the second day of each month, beginning
2
II
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS.AT.LAW
Z6 W. High Street
Carlisle, PA
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January 2, 1999, until said sum was paid in full, the last scheduled payment being
December 2, 2023.
4. Said Note is in default because the monthly payments of principal
and interest on said Mortgage due January 2000, and each month thereafter, are due
and unpaid, and by the terms of said Note upon default of such payments for the period
of one month, the entire principal balance and all interest due thereon are collectible
forthwith.
5. The following amounts are due on said Note: Principal Balance
$199,320.60; Interest from 12/02/99 through OS/22/00 (plus $74.54 per diem thereafter)
$12,820.88; attorneys fee $9,966.03; late charges $1,740.52; corporate advance
$50.00; penalty $13,454.14; costs of suit $225.00; appraisal fee $125.00; title search
$200.00; total $237,902.17.
WHEREFORE, Plaintiff demands judgment against Defendants in the
amount of $237,902.17, together with interest at the rate of $74.54, and any other costs
and expenses incurred by Plaintiffs in enforcing this Note, including reasonable
additional attorneys fees. .
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorneys for the Plaintiff
James D. Flower, Jr.
1.0. #27742
26 West High Street
Carlisle, PA 17013
(717) 243-6222
3
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02/14/01
16:31
MCCRBE,WEISBERG&CONWRY,PC .. 914803336457
NO.934
'.
.
VERIFICATION
The undersigned, Diane Alessi, hereby certifies that she is the Lead Foreclosure
Specialist of the Plaintiff, Conscco Finance Consumer Discount Company, fi'k!a Green Tree
Consumer Discount Company, in the within action,an that she is authorized to make this
verification and that the forgoing facts are true and correct to the best of her knowledge,
infonnation and belief and further states that false statements herein are made subject to the
penalties of 18 PA.C.S.~4904 relating to unsw0111 falsification to authorities.
D~~-
Diane~ Aless;
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CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f!kIa
GREEN TREE CONSUMER
DISCOUNT COMPANY,
PLAINTIFF,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 2001-3825 CIVIL TERM
vs.
STEVEN A. FAILOR and CYNTHIA
L.FAlLOR
DEFENDANTS.
PRELIMINARY OBJECTIONS OF THE
DEFENDANTS TO THE PLAINTIFF'S COMPLAINT
AND NOW, this 13th day of August, 2001, come the Defendants Steven A. Failor and Cynthia L
Failor, by and through their attorneys, IRWIN, McKNIGHT & HUGHES, and make the following
Preliminary Objections to Plaintiff's Complaint and support thereof ofthe following:
PRELIMINARY OBJECTION FOR FAILURE OF A PLEADING TO CONFORM
TO LAW OR RULE OF COURT PURSUANT TO Pa RC.P. 1028 (a)(2).
1. Plaintiff Conseco Finance Consumer Discount Company, flkla, Green Tree Consumer
Discount Company, filed a Complaint to the above-referenced docket on or about June 21, 2001, in the
Court of Common Pleas of Cumberland County.
2. Paragraph 3 of said Complaint alleges that Defendants entered into a Note in which they
promised to repay a loan to Plaintiff in the amount of $200,000.00.
3. Pa R.C.P. ~IOI9(i) requires that when any claim is based upon a writing, the pleader shall
attach a copy of the writing or the material part thereof.
4. Plaintiff's Complaint fails to set forth or attach the allegedly executed note.
5. Plaintiff's Complaint fails to set forth or attach any writings that support the Plaintiff's
allegations or its claim for damages.
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WHEREFORE, Defendants, Steven A. Failor and Cynthia L. Failor, respectfully request this
Honorable Court to grant their Preliminary Objection and to order Plaintiff to attach the Note or other
written documentation which supports its allegations and claims for damages,
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By ~ S~,-~~
Mark . Schwartz, Esquire -
60 West Pomfret Street
Carlisle, PA 17013
717 -249-2353
Supreme Court J.D. No: 70216
Date: AN,O.'::.:"....- \~ l...-6~'
I
Attorney for Defendants,
Steven A. Failor and Cynthia L. Failor
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CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, flk/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
PLAINTIFF,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001-3825 CIVIL TERM
vs.
STEVEN A. FAILOR and CYNTHIA
L. FAILOR
DEFENDANTS.
CERTIFICATE OF SERVICE
I the undersigned hereby certify that on this 13th day of August, 2001, a copy of the Preliminary
Objections of the Defendants to the Plaintiff's Complaint was served by first-class, postage prepaid
United States mail in Carlisle, Pennsylvania upon the following:
James D. Flower, Jr" Esquire
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, Pa 17013
CKNIr & HUGHES
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ark D. Schwartz, Esquire
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SAIDIS
SHUFF, FLOWER
& LINDSAY
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ATIORNEVS-AT'LAW
26 W. High Street
Carlisle, P ^
.-
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
vs,
STEVEN A. FAILOR and CYNTHIA
L. FAILOR,
Defendants.
,'<',.'-,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 3"'6 Z:5"" CIVIL TERM
ACCEPTANCE OF SERVICE
I, MARK D. SCHWARTZ, ESQUIRE, hereby accept service of the
Complaint filed in the above captioned case, on behalf of the Defendants, STEVEN A.
FAILOR and CYNTHIA L. FAILOR.
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Date: .....j U ~~ ~
,2001
"
BY~ ~
Mark D. Schwartz, Esquire
60 West Pomfret Street
Carlisle, PA 17013
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SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIOItNEYS-AT-LAW
26 W. High Street
Carlisle, P A
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CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/kla
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 3825 CIVIL TERM
vs.
STEVEN A. FAILOR and CYNTHIA
L. FAILOR,
Defendants.
PLAINTIFF'S ANSWER
TO DEFENDANTS' PRELIMINARY OBJECTIONS
AND NOW, comes CONSECO FINANCE CONSUMER DISCOUNT
COMPANY f/kla GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff herein,
by and through its attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, and makes the
following answer to Defendants, STEVEN A. FAILOR and CYNTHIA L. FAILOR'S,
preliminary objections:
I. Failure of a Pleading to Conform to Law or Rule of Court
1. Admitted.
2. Admitted.
3.
Admitted.
4.
Admitted in part/Denied in part. Plaintiff admits that it failed to attach the
Note alleged in its Complaint to have been executed by Defendants but denies that it
failed to set forth the substance of the Note in its Complaint. By way of further answer,
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS.AT-LAW
26 W, High Street
Carlisle. P A
prior to filing this Plaintiff's Answer to Defendant's Preliminary Objections, Plaintiff filed a
Praecipe attaching a copy of the Note upon which the Complaint is based, to remedy
this defect. By way of further answer, however, it should be noted that the companion
action which is also styled Conseco Finance Consumer Discount Company f/kla Green
Tree Consumer Discount Company v. Steven A. Failor and Cynthia L. Failor, docketed
to No. 2001-01486, which was filed the same day and served with this action, attached
exhibits including copies of the Settlement Statement for the transaction, the Note, and
the Mortgage. Copies of these documents have been in possession of attorneys for
Defendants.
5. Admitted, the defect has been remedied as set forth in its answer to
Paragraph 4 above.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny
the Defendant's preliminary objections to Plaintiff's Complaint, and to award other such
relief as is appropriate under the circumstances.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for the Plaintiff
Date: 11-1 ~ - j/
2
I.
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James D. Flower, Jr.
I.D.#27742
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 w. liigb Street.
CarWile. P A
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ATTORNEY VERIFICATION
I, James D. Flower, Jr., Esquire, attorney for Plaintiff, verify that the
statements made in the foregoing Plaintiff's Answer to Defendant's Preliminary
Objections are true and correct and certify that I am authorized to do so. The Plaintiff
representative in charge of this case is outside the jurisdiction of the Court and cannot
be conveniently obtained. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
Date: /1-/ ~ ~{f /
James D. 10 er,
SAIDIS, SHUFF, OWER & LINDSAY
26 West High Street
Carlisle, PA 17013
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATI'O~YS.AT.LAW
26 W. High Street
Carlisle. P A
,
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
vs.
STEVEN A. FAILOR and CYNTHIA
L. FAILOR,
Defendants.
TO THE PROTHONOTARY:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 3825 CIVIL TERM
PRAECIPE
Attached is the Note which should have been attached as the original
exhibit to the Complaint, please incorporate this exhibit into the record.
Date: / / ...... / .t - 0/
"
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for the Plaintiff
James D. Flower, Jr.
1.0.#27742
26 West High Street
Carlisle, PA 17013
(717) 243-6222
NOTE
APP # 9807225528
LN # 69-0~44478-3
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....h_......~~y:~.~~~3!.!..J.~~~... ...........~~.~!:g.El!..'.........h........ ..h........mr.~~;=;.Y.;~~.I).;~.......... .
IOatotl IOtyI !Slatll
_... '...... ............_ '. .....~~~..~.~~~;.. .~~S~..~~. ...t!~l'!Y.H*~.I. ..~~~.~y~.~~~~a 17241
II"ro!l-.tyAdd.....1 ...........................................-....
1, BORROWER'S PROMISE TO PAY
tn rewrn for a luan that I have received. I promise to pay U.S. $..~?g.:.q~9.:.Q.q.........._......... (this amount i$
calJec.I ~priJX:ipaJ"). plus interest. [0 the orUtr of the Lender. Tht: Lender is ...?:.~~.~_'!..S~.~!~.~.~~.c:~!'.~.~~y....~..01
~~:=.~.~!..~:.~~. ~~.~~.. ~..~!!,.. .~..iH-.~;....!'.~...;~~;r..;. ...... ........ ....... ..... .... .
I understand that the U:DlJer may t[".uJS~r this Note. The Lender or anyone wb~ ~k~.d;i~.N~.~.b;.;;.;.;~~.~.;;b~.i~
ClUillcd to receive payments under this NOIe is called me ~Note Holder..
2. INTERE5f
Interest will be charged on unpaid pritD.pa1 umil ~ full UUOOnt o( prin:ipall13S been paid. I wilt pay \\\terest at a
yearly rate of ......~~.:.~.~~...., %. huero"( will bccharged beginning 011 ............J?~!;~~~~..~.~..~~~.~....................
The interest rate required by this Sec..1iou 2 is the rate I will pay boch before and after any defdult described in
Section 6{B) of this Note. .
3. PAYMENTS
(A) 5<hcduled Payments
1 will pay principal and interest by making paymentS when scheduled:
G I will make: .......~9.9..................... 'paymerus of S..~.:.~:1};:.?~.................................... each on the
......... ... ... ..~.r:H.................. .............. uf eacb .....~9.':'.t;h .......... ................ .................. ..... ... .....
............ ................. ..... ........... ..... ....... .... beginning on ....>l.<;lR-!-!~;X..~I...t~~.?.... ....... ........ .......
o 1 will make paymenlS as follows:
o In addition to the payments described above. l....nll pay a ~ba1loon payment~ of S ........._......................_..
on ......................................... . The Note Holder will deliver or ntail to me notice prior to maturity that
the balloon payment is due. This notice will Slate lhe balJuun payment amount and the date that it is due.
(Bl Maturity Date and Place of Payments
I will matt: these payments as scbcdulcd until l have paid all of [be principal aud interest and any other charges
dCSt:ribed below that I may owe ulltler this Note. My scheduled 'payments will be applied to interest before prirx.;paJ. If. em
.........p.~.~.~~,.;"..~:...~~~~.........................n...n..... I still owe amounts under this Note. 1 will pay those amounts
in full on that date. which is calletl the ~malUtity date. .
I wUJ make my schc:dulC1J payments at .....q;t;'!=!~.r:..X~~.~.....?~.~.Q..~.:n~Y.F.~E~..~.9.~!...!~~p.~.~..f!~....~~?~.~....
..... ..... .... ........... ................. .... ................. ............. .............. ....... ...... ..... ..................... or at a different
place \f t~ired by lhe. Note Halder.
4, BORROWER'S RIGHT TO PREPA. Y AND PREPAYMENT PENALTY
J have the right to nlake payments of principal III any time before they are due. A paynlCId of principal only is
known ,as a .prepayment. . When I make a prcparment. 1 will tell the Note Hulder in writing tlrolt I am doing so. ~ I will
pay a prepayment penalty uf ... ~~~ .~RP.;.J;1.~..~.~;~~~~.;.. 29:..~h~.E~!;..l;1np.~~.~m~9.'ll.~..!':~~m:...~l:..~.J:l.~..~~':.!~e
J~~~. .l?~;1:~.I:~!'!. J.~. .p.~t~..~~.1;h};!1..~ !!..~.I}~hr::s. ..~;t;9.1p...~h~..~~~.~...C?~n;.~.~.. ~.9..!n:......... ....... ...... ..............
...............................................................................n.................................. if I prepay this Note in full.
The Note Holder wH1 use all of DIY prepayments to reduce the amount uf principal that 1 owe under this Nole. Jf t
make II partial prepayment, dIm will be DO changes in the due date or in the amuuut of my monthly payment unJ~ the
Note Holder agrees in writing to th~ changes.
S. LOAN CHARGES
If a law. wbich applies. to this !.oan and which sc=cs muimum loan charges.. is finally tmerpteted so that the interest
or uther loan charges collected or [0 be collected in connection willi this loan e:tceed the permitted limits. then: (i) any
such loan charge shall be reduced by the amount n<<essa.ry to reduce the charge to the permitted limit: and (ii) any sums
already collected from me which c:xceedcc.l penuittcd limits will be refunded. to me. TIle Note Holder may chfJOSe to make
this refund by reaucmg the principal 1 owe under this Note or by making a uirect paymCDl to me. if a refund reduces
principal. Ihe reduction will be treated as a partiai prepayment.
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) La,. CI1arp for O....d.. Payments
If the Note Holder has not receivetl the full amount of any scheduled payment by the end of _.......;.~.........
calenUar days after the date it is due. I win pay 3. late charse to the Note Holder. The amount of the charge will be
.~.~....q~.9.~.. %d'lftWr9'iV'hIClrR~**'DgOU~.jVfeW" I will pay Ihis lat~ charge promptly but oaly OnQ: on each
late payment. '-:'-o~t.ne"'uiiparcr'.payment"of"'nO':O'O, whlchever .1.9 greater.
(B) Default .
If I do oot pay the full amount of each scbeduled payment on the dare it is tlue. I will be in default.
(C) Notice of Default
If 1 am i.n default. the. Nute Holder may send me 0\ wrilten ooUce ldUng me that if1 do OOt pa'Y the U'ie.rd.ue amuunt
by a certain date. the Note Holder may require me to pay immeuiately the full amount ofprirn:ipal which has nut been paid
and all die interes' lhat I owe on that amuunt. That date must be at 1~1 30 days after the date on which the notice is
delivered or mailed to me.
(0) No Waiver By Note Holder
Evt:n if. at a time when I am ill default. the Note Hohler does not require me to pay immediately ill full as described
above. thc Note Hol(jer witl still have the right to do so if I am in defdult at a later time.
(E) Payment of Note Holder?s Costs and Expenses
If the Note: Holder bas required rot: to pay inunediately in full as described above. [he Note Holder will have the
right 10 be paid back by me for an of it::; costs and expenses in enforcing this Note: to the extent not prohibited by
applicable law. Those expenses include. fot' example. reasonable attorneys' fees.
MUlTlPURPOSE FIXED RATE NOTE lMUlTlSTATEl
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7. GIVING OF NOTICES
Unless applicable law requires a diffi:fl:nt mcchod. allY nouce that muo;t be gi'Yen to me uJK.lcr (his Note will be givtn
by delivering it or by mailing it by:fi~t class nwl to me ac lhe Property Address above or at a differem address if I give
the Note Holder a notice ormy diffc,rent:address.
Any notice tl1a1 must be givep to' the Noce Holdet under this Note will be giveD by mailing it by first class mail to
the Note Holder at the atJdrcss Sl3tcd in Section 3(B) on page I of this Noe: or at a differeut ac.ldrcss: if I am I:ivcn a notio:
of that different address.
8. OBLIGATIONS OF PERSONS lJNDER THIS NOTE
If more than one person sjg~ this Note. lZh ~rslln is ful1)' and persuna.l.ly llbli.gated to kt:ct'I illt of the promises
made in Ibis Note, includiug the promise to pay the full amQunt owed. Any pctSon who is a guarantor, SUt':lY or endurser
of till..; N()(e i~ also obligated to du thesC:'lbings. Any person woo takes OVCf these ubligaduflS, im:1ulJiull the ubIigario~of'
a guarantor. surety or endQrser lIf this: Note, is also obligated to keep all oC the promises made in this Nou::. The Nole
Holder may enfuCtc itS tights unc.lcr this NOte against e:w:h person.. individually or against. an of us 'uge\her. Tbis means thal
anyone of us may b: Tequi.reQ (u pay:a.lL or lhc amoums uwed under chis Nate.
9. WA.lVERS
I and any other person wtw has ubligations. under lhis Note waive the ripts of pmcunnent and l't(Xice of dishuuor.
-PfeiCntmenl- means the rigllt to p;!qui~ the Note Hulder tQ demand payment of amounts due. -Notice uf disbonor- nleard
the rigbt tG ~{e the Nmc Holder tu givo: notice to othet pemDS that an10UlUS due have not bet:n paid.
10. SECURED NOTE
In addition to the pmtccticns given to the Nute Hulder under this Note, a Mongage, Deed of Trust Of Sa=urity
Deed (the -Security Instrun~nt"}. datal the same date as this Note. prot.~ the Note Holder from possible lo:s5l:S which
might result if 1 do oot keep the prw:nises which I make in this Note. That Security Instrument desl.;ribes 110W and under
what conditions I may be required to make immediate payment in full of all amouJUS 1 owe under this Note. Some of those
conditions arc described 'as fullows:
Transfer of the Property or a Bedef1.dallntenst in Borrower, If allur any part uf the Property or
any interest in it is sold 01' transfcmd (or if a beneficial interest in Bonower is said or transferred and
Borrower is not a natur"l petSOn) without l.cndet's prior wriuen ~. Lender may, at ilS uption, require
immetliate payment in Mlllf aU sums secured by this Se~..urity IttStrumtDt. However. this option shall not be
aerci.scd by L.ender if cx.crcise is prohibited by fedcrallaw as of the date of this Security Insaument.
If 1..cndcr QCrclSCS thi:s option. Lender shall give Bol'l'OWCr notice of acceleration. 111C notice shall
provide a period of not less than, 30 days from 1he dale the notice is deliver=.!. or mailed witbin whh,;h
Borrower must pay all sums 5a,.'Urcd by this Security lnmument. Jf Bonuwer fails to pay these sums prior to
(be cxpiration of this period. Lender may invoke any reDleWCli permitted by Ihis Security lnsuument without
funher nolice or dentaPd on Borrower.
11. BALLOON PAYMENT DISCLOSURE
lComplecc the ballooll payment noul.:e below if Ibis Nore: provides for a balloon payment at Section 3(A) on pace 1
ofdlisNote.]
THIS LOAN IS PAYABLE IN FULL ."....................................,.....................,.........,....................
.....,......,..,..........,.....................,....,....,....,..,..,.....,........,...,..,...,........,.."...,....... I MUST REPAY THE
ENTIRE PRINCIPAL BALANCIl OF TIlE LOAN AND UNPAID INTEREST THIlN Dm:, WHICH MAYBE A
LARGE PAYMENT, THE LENDER [S UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT
TIME. I W[LL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY
OWN,.OR[ WILL HAVE TO FIND A LENDER. WHICH MAY BE TIlE LENDER I HAVE THIS LOAN WITH.
WILLING TO LEND ME THE MONEY; IF I REFINANCE THIS LOAN AT MATUR[TY, I MAY HAVE TO PAY
SOME OR ALL OF TIlE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I
OBTAIN REFINANCING FROM TIlE SAME LENDER,
WITNESS THE HAND(S) AND SEAL(S) OF THE NDERSIGNED. / /J'
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ATIORNEYS'AT'LAW
26 W. High Street
Carlisle, P A
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CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/k1a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 3825 CIVIL TERM
vs.
STEVEN A. FAILOR and CYNTHIA
L. FAILOR,
Defendants.
PRAECIPE TO LIST CASE FOR ARGUMENT
TO THE PROTHONOTARY:
Please list the within matter for the next Argument Court.
1. Matter to be argued: Defendants' Preliminary Objections.
2. Identification of counsel who will argue case:
(a) for Plaintiff: James D. Flower, Jr.
SAIDIS, SHUFF, FLOWER & LINDSAY
26 W. High Street
Carlisle, PA 17013
(b) for Defendants:
Mark D. Schwartz
IRWIN MCNIGHT & HUGHES
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4.
Argument Court date: December 12,2001
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for the Plaintiff
Date: j/- /6 ~ 0/
James D. Flo
I.D. #27742
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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AtTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
.:'L-,
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 3825 CIVIL TERM
vs.
STEVEN A. FAILOR and CYNTHIA
L FAILOR,
Defendants.
PRAECIPE TO LIST CASE FOR ARGUMENT
TO THE PROTHONOTARY:
Please list the within matter for the next Argument Court.
1. Matter to be argued: Defendants' Preliminary Objections.
2. Identification of counsel who will argue case:
(a) for Plaintiff: James D. Flower, Jr.
SAIDIS, SHUFF, FLOWER & LINDSAY
26 W. High Street
Carlisle, PA 17013
(b) for Defendants:
Mark D. Schwartz
IRWIN MCNIGHT & HUGHES
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4.
Argument Court date: January 2, 2002
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for the Plaintiff
II
Date: 1'--fJ.-O(
By
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CONSECO FINANCE CONSUMER : IN THE COURT OF COMMON PLEAS OF
DISCOUNT COMPANY, f/kla GREEN : CUMBERLAND COUNTY, PENNSYLVANIA
TREE CONSUMER DISCOUNT
COMPANY,
PLAINTIFF
V.
STEVEN A FAILOR AND
CYNTHIA L. FAILOR,
DEFENDANTS
: 01-3825 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO
PLAINTIFF'S COMPLAINT
BEFORE BAYLEY. J. AND GUIDO. J.
ORDER OF COURT
~ ~ day of January, 2002, the preliminary
AND NOW, this
objections of defendants to plaintiff's complaint, ARE DISMISSED.
Forrest N. Troutman, II, Esquire
For Plaintiff
Mark D. Schwartz, Esquire
For Defendants
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APR 2 9 2003 ~/
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, J1k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: No. 2001-03825 CIVIL TERM
STEVEN A. FAILOR AND
CYNTHIA L. FAILOR,
Defendants
AND NOW, this
RULE TO SHOW CAUSE
Iy- day of ~ , 2003,
a Rule is issued upon the
Respondents/Defendants to show cause why Express Financial Services, Inc. should not be
substituted as the plaintiff in the above-captioned action.
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This Rule is returnable within 20 days of service.
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DISCOUNT COMPANY, flkJa
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: No. 2001-03825 CIVIL TERM
STEVEN A. F AlLOR AND
CYNTHIA L. FAILOR,
Defendants
PROPOSED ORDER
AND NOW, this _ day of
, 2003, upon consideration of the Petition to
Substitute Plaintiff, IT IS HEREBY ORDERED that said Petition is granted and Express Financial
Services, Inc. is substituted as the plaintiff in the above-captioned action.
BY THE COURT:
J.
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CONSECOFINANCECONSUMER
DISCOUNT COMPANY, f7k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: No. 2001-03825 CIVIL TERM
STEVEN A. FAILOR AND
CYNTIDA L. FAILOR,
Defendants
PETITION TO SUBSTITUTE PLAINTIFF
NOW COMES Plaintif:fJPetitioner Conseco Finance Consumer Discount Company
("Conseco"), by and through its counsel, Saidis, Shuff, Flower & Lindsay, to respectfully petition
this Honorable Court to substitute Express Financial Services, Inc. ("Express") as the plaintiffin the
above-captioned action, and in support thereof, avers as follows:
1. On or aboutJune 21,200 I, Conseco filed a Complaint in the above-captioned matter,
alleging that the Defendants defaulted on a Note dated November 27, 1998 between Green Tree
Consumer Discount Company and the Defendants in the amount of $200,000,00.
2. On or about November 25,2002, Conseco assigned the Note dated November 27,
1998 between Green Tree Consumer Discount Company and the Defendants in the amount of
$200,000.00 to Express. A true and correct copy of the Assignment of Bond and Mortgage is
attached hereto as Exhibit "A."
3. Conseco has transferred all of its interest in the Note to Express.
4. Accordingly, Express should be substituted as plaintiffin the above-captioned action
due to the assignment of the aforementioned Note.
5. Express concurs with the Petition to Substitute Plaintiff.
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6. Counsel for Express sought concurrence from Defendants' counsel in filing the
Petition to Substitute Plaintiff, but he failed to respond.
7. The Honorable Edgar B. Bayley has previously ruled upon Preliminary Objections
of Defendants to Plaintiff's Complaint.
WHEREFORE, Plaintif:fIPetitioner Conseco Finance Consumer Discount Company
respectfully requests that this Honorable Court substitute Express Financial Services, Inc. as the
plaintiff in the above-captioned action.
Respectfully Submitted
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated:
B~'~~
J es D. rower, Jr. #2 42
est High Street
Carlisle, PA 17013
(717) 243-6222
Attorneys for the Plaintiff
:153737
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CERTIFICATE OF SERVICE
On this~ ~y of ~ 2003, I hereby certify that a copy of the foregoing Petition
to Substitute Plaintiff was served upon all parties of record via United States mail, first-class,
postage prepaid, addressed as follows:
Douglas G. Miller, Esquire
IRWIN, MCKJ.'lIGHT & HUGHES
60 West Pomtret Professional Building
Carlisle, P A 17013
Melissa A. Swauger, Esquire
SHUMAKER WILLIAMS, P.e.
P.O. Box 88
Harrisburg, PA 17108
SAlDIS, SHUFF, FLOWER & LINDSAY
Dated:
. Flower, Jr, #27742
2 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorneys for the Plaintiff
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CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/kla
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 2001-03825 CNIL TERM
STEVEN A. FAILOR AND
CYNTHlAL FAILOR,
Defendants
PROPOSED ORDER
AND NOW, this teL day of ~03, upon consideration of the Plaintiffs
Petition to Make Rule Absolute, IT IS HEREBY ORDERED that said Petition is granted and
Express Financial Services, Inc. is substituted as the plaintiff in the above-c
BY THE/cru:;T:
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CONSECOFmANCECONSUMER
DISCOUNT COMPANY, flk/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff
: m THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV AN1A
v.
: No. 2001-03825 CNIL TERM
STEVEN A. FAILOR AND
CYNTHIAL. FAILOR,
Defendants
PETITION TO MAKE RULE ABSOLUTE
NOW COMES Plaintiff/Petitioner Conseco Finance Consumer Disconnt Company
("Conseco"), by and through its counsel, Saidis, Shuff, Flower & Lindsay, to respectfully petition
this Honorable Court to make absolute the previous Rule to Show Cause why Express Financial
Services, Inc. ("Express") should not be substituted as the plaintiff in the above-captioned action,
and in support thereof, avers as follows:
I. On or aboutJune 21,2001, Conseco filed a Complaint in the above-captioned matter,
alleging that the Defendants defaulted on a Note dated November 27, 1998 between Green Tree
Consumer Discount Company and the Defendants in the amount of $200,000.00.
2. On or about November 25,2002, Conseco assigned the Note dated November 27,
1998 between Green Tree Consumer Discount Company and the Defendants in the amount of
$200,000.00 to Express. A true and correct copy of the Assignment of Bond and Mortgage is
attached hereto as Exhibit "A."
3. Conseco has transferred all of its interest in the Note to Express.
4. Accordingly, Express should be substituted as plaintiff in the above-captioned action
due to the assignment of the aforementioned Note.
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5. On April 28, 2003, ConsecofiledaPetition to Substitute Plaintiff, requesting that this
Honorable Court substitute Express as the plaintiff in the above-captioned action.
6. Express concurred with the Petition to Substitute Plaintiff.
7. A Rule was signed on May 1,2003, directing Defendants to show cause why Express
should not be substituted as plaintiff in the above-captioned action. A copy of this Rule is attached
hereto as Exhibit" 1."
8. The Rule was returnable 20 days after service.
9. The Rule was served upon Defendants.
1 o. The Defendants failed to respond to the Rule; therefore, Conseco requests that the
Rule be made absolute and Express be substituted as plaintiff in the above-captioned action.
11. The Honorable Edward E. Giudo executed the Rule on May 1, 2003 and the
Honorable Edgar B. Bayley previously ruled upon Preliminary Objections of Defendants to
Plaintiffs Complaint.
WHEREFORE, Plaintiff /Petitioner Conseco Finance Consumer Discount Company
respectfully requests that this Honorable Court enter the Proposed Order directing that Express
Financial Services, Inc. be substituted as the plaintiff in the above-captioned action.
Respectfully Submitted
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated: ~ ( 4 { 03
By
(J
i 26 est High Street
C lisle, PA 17013
17) 243-6222
Attorneys for the Plaintiff
: 155772
2
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APR 2 g'Z003 ~
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f7k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 2001-03825 CNIL TERM
STEVEN A. FAILOR AND
CYNTHIA L. FAILOR,
Defendants
AND NOW, this
RULE TO SHOW CAUSE
Jst day of , 2003, a Rule is issued upon the
Respondents/Defendants to show cause why Exp ss Financial Services, Inc. should not be
substituted as the plaintiff in the above-captioned action.
This Rule is returnable within 20 days of service. [;/~ ~..L).f)f
k-W ht~ BY THE COURT
to )$/ f'Jll~ f.. <d4~JJA-
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CERTIFICATE OF SERVICE
On this !L- day of J;..bt<L-. 2003, I hereby certifY that a copy of the foregoing Petition
to Make Rule Absolute was served upon all parties of record via United States mail, fIrst-class,
postage prepaid, addressed as follows:
Douglas G. Miller, Esquire
IRWIN, MCKNIGHT & HUGHES
60 West Pomfret Professional Building
Carlisle, PA 17013
MelissaA. Swauger, Esquire
SHUMAKER WILLIAMS, P.e.
P.O. Box 88
Harrisburg, PA 17108
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated:
B /
y/
:" J
26 est High Street
lisle, P A 17013
(717) 243-6222
Attorneys for the Plaintiff
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EXPRESS FINANCIAL SERVICES,
INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Substituted Plaintiff, :
v.
NO. 01 - 3825 CIVIL TERM
STEVEN A. FAILOR and CYNTHIA L.
FAILOR,
CIVIL ACTION - LAW
Defendants.
NOTICE TO PLEAD
You are hereby notifIed to file a written response to the enclosed Ans wer w ith Ne w
Matter within twenty (20) days from service hereof or a judgment may be entered against you.
IRWIN, McKNIGHT & HUGHES
Douglas . . er, Es uire
Supreme ourt LD. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendants
Date: June 23, 2003
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EXPRESS FINANCIAL SERVICES,
INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Substituted Plaintiff, :
v.
NO. 01 - 3825 CIVIL TERM
STEVEN A. FAILOR and CYNTHIA L.
FAILOR,
CIVIL ACTION - LAW
Defendants.
ANSWER WITH NEW MATTER
TO PLAINTIFF'S COMPLAINT
AND NOW this 23rd day of June, 2003, come the Defendants, STEVEN A. FAILOR and
CYNTHIA L. FAILOR, by and through their attomeys, Irwin, McKnight & Hughes, and
respectfully fIle this Answer with New Matter to the Plaintiffs Complaint, and in support thereof
aver as follows:
1. The averments offact contained in paragraph one (1) of the Plaintiff's Complaint
are specifIcally denied and strict proof thereof is demanded at trial.
2. The averments offact contained in paragraph two (2) are specifIcally denied.
3. The averments contained in paragraph three (3) are admitted in part and denied in
part. It is admitted that Defendants signed a Note dated November 27, 1998. The terms of the
Note speak for themselves, to the extent that the averments made in paragraph three (3) differ
from those terms, or to the extent that they conflict with the New Matter defenses raised by
Defendants, they are specifIcally denied.
4. The averments contained in paragraph four (4) are conclusions oflaw to which no
response is required. To the extent that a response is required, the averments are specifIcally
denied and strict proof thereof is demanded at trial.
5. The averments contained in paragraph fIve (5) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifIcally
denied and strict proof thereof is demanded at trial.
WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment
in their favor and against Plaintiff in this matter, together with reasonable costs and attorney fees,
and such other and further relief as this Court deems just.
NEW MATTER
6. The averments of fact contained in the Answers to the Complaint are hereby
incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff.
7. At and around the time that the Note was signed, Defendants were in the process
of attempting to subdivide parts of their property located at 525 Mount Rock Road.
8. As part of the loan transaction with Green Tree Consumer Discount Company
("Green Tree"), Defendants had various conversation with Green Tree's representatives
concerning their desire to refmance the existing mortgage but have the new mortgage secure only
the portion of the property they were going to retain.
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9. A mortgage secured against the entire real estate would have made Defendants'
plans for subdivision impossible.
10. As with any loan transaction, Defendants were asked to sign numerous documents
all prepared by Plaintiff or its predecessors in interest.
11. At the direction of Green Tree's agents, Defendants signed all necessary
paperwork prepared by it in order to complete the transaction.
12. Defendants had expressed their concerns regarding the high interest rate, desire to
subdivide the real estate, and certain other terms of the Loan Agreement to the agents or
representatives of Green Tree.
13. Green Tree, by and through its agents or representatives, agreed that the fmancing
would only be a stop gap measure to complete the refmance and that the loan would be reworked
shortly after closing to resolve the discrepancies.
14. Plaintiff, or its predecessors in interest, was aware that Defendants were unable to
make the monthly payments under the terms of the loan transaction.
15. Despite its prior promises to do so, however, the agents and representatives of
Green Tree did not make any effort to work with Defendants to revise the terms of the loan.
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16. In fact, the agents or representatives for Plaintiff or its predecessors in interest
attached an incorrect legal description to the Mortgage document, and thereby attempted to
secure real estate not owned by Defendants at the time.
17. The representations and promises by the agents for Green Tree were false and
fraudulent, however, Defendants did not know them to be false.
18. By these false and fraudulent representations, Plaintiff or its predecessors in
interest induced Defendants to enter into the loan transaction and Defendants justifIably relied
upon the misrepresentations in doing so.
19. Because Plaintiff or its predecessors in interest so engaged in false or fraudulent
misrepresentation with regard to the loan transaction, Plaintiff is precluded from seeking
damages under the Note, or, in the alternative, Plaintiff's damages must be diminished
accordingly.
20. Plaintiff's Complaint fails to state claims or causes of action upon which relief
can be granted.
21. Plaintiff's Complaint may barred by the defense oflaches.
22. All or some of Plaintiff's claimed damages are attributable to persons and/or
causes other than Defendants.
23. Plaintiff's claims may be barred and/or limited by the failure to mitigate or to
properly mitigate damages
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WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment
in their favor and against Plaintiff in this matter, together with reasonable costs and attorney fees,
and such other and further relief as this Court deems just.
Respectfully Submitted,
IRWIN, McKNIGHT & HU9HES
By:
Douglas
Supreme ourt ill # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendants
Dated: June 23, 2003
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VERIFICATION
The foregoing document is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsifIcation to authorities.
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eYN FAILOR -
Date:
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EXPRESS FINANCIAL SERVICE,
INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Substituted Plaintiff
v.
: No. 2001-03825 CIVIL TERM
STEVEN A. FAILOR AND
CYNTHIA L. FAILOR,
Defendants
REPLY OF EXPRESS FINANCIAL SERVICES. INC. TO
ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW COMES the substituted Plaintiff, Express Financial Services, Inc. ("Express"),
by and through its counsel, Shumaker Williams, P.C., to state the following Reply to New Matter
of Defendants Steven A. and Cynthia L. Failor:
7. Denied. Afterreasonable investigation, Express is without information or knowledge
suffIcient to form a belief as to the truth of the averment set forth in paragraph 7 of the Defendants'
New Matter.
8. Denied. Afterreasonable investigation, Express is without information or knowledge
suffIcient to form a belief as to the truth of the averment set forth in paragraph 8 of the Defendants'
New Matter.
9. Denied. After reasonable investigation, Express is without information or knowledge
suffIcient to form a belief as to the truth of the averment set forth in paragraph 9 of the Defendants'
New Matter.
10. Denied. Afterreasonable investigation, Express is without information or knowledge
suffIcient to form a belief as to the truth of the averment set forth in paragraph 10 of the Defendants'
New Matter.
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11. Denied. Afterreasonable investigation, Express is without information or knowledge
sufficient to form a belief as to the truth of the averment set forth in paragraph 11 of the Defendants'
New Matter.
12. Denied. After reasonable investigation, Express is without information or knowledge
suffIcient to form a belief as to the truth of the averment set forth in paragraph 12 of the Defendants'
New Matter.
13. Denied. Afterreasonable investigation, Express is without information or knowledge
suffIcient to form a belief as to the truth of the averment set forth in paragraph 13 of the Defendants'
New Matter.
14. Denied. Afterreasonable investigation, Express is without information or knowledge
suffIcient to form a belief as to the truth of the averment set forth in paragraph 14 ofthe Defendants'
New Matter.
15. Denied. After reasonable investigation, Express is without information or knowledge
suffIcient to form a belief as to the truth ofthe averment set forth in paragraph 15 ofthe Defendants'
New Matter.
16. Denied. After reasonable investigation, Express is without information or knowledge
suffIcientto form a belief as to the truth of the averment set forth in paragraph 16 of the Defendants'
New Matter.
17. Denied as a conclusion oflaw. The averments contained in paragraph 17 constitute
conclusions oflaw to which no responsive pleading is required. In the event that such a responsive
pleading is required, after reasonable investigation, Express is without information or knowledge
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suffIcient to form a belief as to the truth of the averments set forth in paragraph 17 of the
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Defen.dants' New Matter.
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Denied as a conclusion oflaw. The averments contained in paragraph 18 constitute
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conclusions oflaw to which no responsive pleading is required. In the event that such a responsive
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pleading is required, said averments are specifIcally denied.
19.
Denied as a conclusion oflaw. The averments contained in paragraph 19 constitute
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conclusions oflaw to which no responsive pleading is required. In the event that such a responsive
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pleading is required, said averments are specifIcally denied.
20.
Denied as a conclusion oflaw. The averments contained in paragraph 20 constitute
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conclusions oflaw to which no responsive pleading is required. In the event that such a responsive
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pleading is required, said averments are specifIcally denied.
21. Denied as a conclusion oflaw. The averments contained in paragraph 21 constitute
conclusions oflaw to which no responsive pleading is required. In the event that such a responsive
pleading is required, said averments are specifIcally denied.
22. Denied as a conclusion oflaw. The averments contained in paragraph 22 constitute
conclusions oflaw to which no responsive pleading is required. In the event that such a responsive
pleading is required, said averments are specifIcally denied.
23. Denied as a conclusion oflaw. The averments contained in paragraph 23 constitute
conclusions oflaw to which no responsive pleading is required. In the event that such a responsive
pleading is required, said averments are specifIcally denied.
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WHEREFORE, Express Financial Services, Inc. respectfully requests that this Honorable
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Court enter judgment against Defendants in the amount of$23 7 ,902.17, together with interest at the
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rate of$74.54 and any other costs and expense incurred by Plaintiff in enforcing the Note, including
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reasonable additional attorneys fees.
SHUMAKER WILLIAMS, P.C.
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Dated: 1 \ \ ~ \ ~ 7:7
By Jl~C' ~. ~vJe,W~
Laurence W. Dague, J.D. #19715
Anthony J. Foschi, J.D. #55896
Melissa A. Swauger, I.D. #82382
P.O. Box 88
Harrisburg, P A 17108
(717)763-1121
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VERIFICATION
The undersigned, James J. Pokusa, hereby verifIes and states that:
1. He is counsel for Express Financial Services, Inc.;
2. He is authorized to make this VerifIcation on its behalf;
3. The facts set forth in the foregoing Reply of Express Financial Services, Inc. to
Answer with New Matter to Plaintiff's Complaint are true and correct to the best of his knowledge,
information and belief; and
4. He is aware that any false statements herein are made subject to the penalties of 18
Pa.C.S.A. 94904, relating to unsworn falsifIcation to authorities.
Dated: 7//tI/J3
James
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CERTIFICATE OF SERVICE
I, Melissa A. Swauger, Esquire, of the law fIrm of Shumaker Williams, P.C., hereby certifY
that I served a true and correct copy ofthe foregoing Reply of Express Financial Services, Inc. to
Answer with New Matter to Plaintiff's Complaint in the possession of the United States mail, fIrst-
class, postage prepaid, addressed as follows:
Dated: 1 ((V;IO ?1
Douglas G. Miller, Esquire
IRWIN, MCKNIGHT & HUGHES
60 West Pomfret Professional Building
Carlisle,PA 17013
SHUMAKER WILLIAMS, P.C.
By Jh~~ q. SVJ(JJJrtfL
Melissa A. Swauger, Esquire
P.O. Box 88
Harrisburg, P A 17108
(717)763-1121
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