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Home My WebLink About03-2563JAMES C. UPPERMAN, Plaintiff VS. RICHARD GARDNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA COUNTY, 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 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. Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17012 (717) 240-6200 Dated: ~-~,~t~_0 ~ By: '~/~l~reme Court ID//47624 227 North High Street P.O. Box 116 Duncannon, PA 17020 (717) 834-3087 Attorney for Plaintiff JAMES C. UPPERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA VS. · NO. RICHARD GARDNER, : Defendant : CIVIL ACTION - LAW : COMPLAINT o Plaintiff is James C. Upperman, who resides at 206 E. Clearview Dr., Camp Hill, Pennsylvania 17011. Defendant is Richard Gardner, who resides at Lot 518, 6280 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. On November 27, 2001, plaintiff loaned to defendant $7,000 by means of drawing a cash advance on a credit card account belonging to plaintiff. On April 4, 2002, plaintiff loaned to defendant $1,963.12 by means of allowing defendant to purchase a computer on plaintiff' s credit card account. The parties had written loan agreements covering those loans. On July 24, 2002, the parties executed a new loan agreement providing collateral for the loans and defendant agreed to repay the loan with interest by making the payments directly to the credit card account. This agreement is attached hereto as Exhibit A and is incorporated herein by reference. The balance on the loan as of July 24, 2002, was $8,950.27. Since then, defendant has breached the agreement by destroying the collateral and by making late payments on the account. 1 o 10. 11. defendant for appropriate. The balance on the credit card account as of May 22, 2003, is $9,408.43. Plaintiff has done everything required of him by the agreement of the parties. Despite demand, defendant has not paid the monies required by him to be paid. WHEREFORE, plaintiff respectfully demands judgment in plaintiff's favor and against the $9,408.43, exclusive of costs, and for such other relief as the court may deem Dated: ~erry~Philpott, Esquire SuPr~e Court ID#47624 ~2~7~No. High St., PO Box 116 Duncannon, PA 17020 (717) 834-3087 Attorney for plaintiff 2 I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. ~J~anes C. Upperman/~k~ James C. Upperman loaned Richard Gardner of 6280 Carlisle Pike_ Lo~ Mechanicsburg, Pa. 17050, $7,000.00 on Nov. 27, 2001 using a cash advance on his M & T Bank Credit Card, and in turn wrote a check out to Richard Gardner from his Credit Union Bank check no. 7134. Again on Thursday 4/4/02, Mr. Upperman allowed Mr. Gardner to use his M & T Credit card to charge a complete new Gateway Computer, (Flat screen monitor, tower, speakers, keyboard and mouse, at a cost of $1,963.12. Bringing the total loaned to Mr. Richard Gardner on Mr. Uppermans M & T Bank Credit Card to $8,963.12 plus interest. ~ Onthisdate°~t6vl'da,~.Zdt~/q, 2002, Richard Gardner agrees to pay Mr. .Uppemmns M & T-Bank C~t Card monthly payment until the full amount 13 paid off. No payments will be late or missed for any reason, if in the event that Mr. Gardner does not or cannot make the payments for any reason, Mr, Upperman has the right to take the Ford Thunderbird and the New Gateway Computer and anything else of value that is needed to recover the remaining amount of the loan on the M & T Card. Mr. Gardner agrees to let Mr. Upperman hold the title to his Ford Thunderbird as part of the collateral towards the loan. As of 7/20/02 the Ford Thunderbird according to Kelly Bluebook is worth around $5,000. The card balance as of 7/23/02 is $8,950.27. ~ra~mer ~ Date SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02563 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UPPERMAN JAMES C VS GARDNER RICHARD R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT GARDNER RICHARD unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , GARDNER RICHARD 6280 CARLISLE PIKE LOT 518 MECHANICSBURG, PA 17055 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. , NOT FOUND , as to Sheriff's Costs: Docketing 18 Service 6 Not Found 5 Surcharge 10 39 O0 9O O0 O0 O0 90 / R. Th~mas K~e Sheriff of Cumberland County PHILPOTT & PROSSER 06/11/2003 Sworn and subscribed to before me this ~ ~ day of ~2mx3 A.D.