The URL can be used to link to this page

Home My WebLink About01-06967 '. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DIME SAVINGS BANK OF NEW YORK, FSB NO. ()/- ~qfe,7 c..,-o:L '-r~ IN CIVIL ACTION -vs- Plaintiff(s} ARTHUR M. SHERMAN Defendant(s} COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 . . ]' ,'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DIME SAVINGS BANK OF NEW YORK, FSB NO. 01- <.:,q(.. 7 QlO~ T U'LM IN CIVIL ACTION V -vs- PlaintiJJ( s) ARTHUR M. SHERMAN Defendant(s) NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you rnust take action within twenty (20) days after this Complaint and notice are served upon you, 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 judgrnent 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 P A 17013 Telephone (717) 249-3166 Toll free: 1-800-990-9108 2 -S'-",_" _ . _ ,_ ~:",.,....._ ".,' c' ,__" _ _, ,_ _ _ " ,,'~ " . , ~ '_ "~I' -~ -1_n.'.-- ;'f'i~__"",,"_._ " COMPLAINT 1. Plaintiff is a corporation having offices at 231 East A venue, Albion, NY 13311, 2. Defendant is an individual whose address is 4341 Carlisle Pike, #CI5, Camphill, Cumberland County, Pennsylvania 17011. 3. On or about July 6, 1998, the Defendant applied for and was granted a loan by the Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Application & Agreement, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 4. Defendant made purchases and/or received cash advances usiIlig said loan, 5. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 6. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 7. Plaintiff avers that the balance due amounts to $20,466.27 ,as is more specifically shown by Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof. 8. Plaintiff avers that interest has accrued at the rate of 12% per annum on the balance due from January 30, 2001. 9. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing. 3 ,..,."" .,~;,,-- ~.' , -, '.' , .'~ -'1 . . 1r~- :'"",:;)-0,= f' .. 10. Plaintiff avers that pursuant to Plaintiff's agreement with Plaititiff's attorneys, Plaintiff's attorneys are to receive attorneys' fees of 33% of the debt due. 11. Plaintiff believes, and therefore avers, that said attorneys' fees rate is just and reasonable compensation for the services rendered by said attorneys. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant(~) in the principal amount of $20,466.27, with appropriate additional interest from January 30, 2001, plus attorneys fees and costs. APPLE AND APPLEI P.C. By: 4 ~,- -, !'d'~ 1- [,0. ~-.. J:-,-- r,_. <- , ~lii :5 d . 0 ~ .3 ;,; E & . . I ~~ ~ 0 0 ~ ~ - i 0 d . ~ 0 z , ~ 0 . f ~ " o ON " ~ .Ell., . S . ~ Ii! 5' . ~ l! 0: .. ~~ j " o m . IJ " ~~ . ~i ~.@ 11# ~ ~ . E ~~ !" E. ~E .~~.g -0- ~ ~1l " ..j; . ., II> a ~~ ~ a" ~ ~ .. ~ I~ ,.~ f ~ . i :- . 9 " .,~ Ii"'" ~ ~ 8 :{ " -i= ~ '~ .: ~.s ~"3l i\:j .,A ~. ~ j B q ~ 0 ~~ , . ii" o . " . .- o ~ " ~ , - 00 ~n ~~ 8 \ ~z o , ~ . . 0 . . , ~ c .' . 11 0 , ~ B . ~ 0 ~ . 0 Ii . ~ E . Ii ~ . . . . E " ~ t 0 ~ ~ ~ ~ i ~ ~ s a j 2 j! ~ . . j i ~~ i ';= ~H ~ ~ ~ 0 ~ ~ o g ~ - " .~ ~ ~ ~ ~ .' . ~h .:i(;~ .q ..~ T~~ ;;H l.~ :[H ~ ....s, , ~"l;" ....', 'l,.;Gji.",,"" .' ~1S. ,0.... ,.lll.. " , ,p,,:sl.... ".t'/'l~'~ ~.a~E ~! !~ llliisS ::lCIJ.g"5 WE.o >>!:::l;E ~g ~~ 50~ R >.3.dl!! ~ ~ o , O~ 0 "'tg-;: i~~~ ~~ESI _a",,'S ~ g~ 1- I -0';:: ~'81 f:'o.. :\j'D,E ;, Iii! '" C" -c~E~ i.H !~~5 o.,.g~ Ii.!;;~ ~-;;;~ .~ ~l~ ~:;'~ Ig6~g,~ ~H~"", III =-0 3: - Gl 8:i ~ ..- g~:""i .,~ ~g5-~l.--?' !HI!~ s:~"O >,1:1 :;:l; a E IS )( ~ ~. ! ~ a & o ~ w a a ~ 6 a j . ~ ..~ , i . ~ z " i ~ ! ,. ~ ~ . " .. IE ~ .l,^ ~" ~, m~ '~ ! i ~ ~ (., ~ - .. il . li j,j t ~ o ~ " i I lJl OE It. ;~ ~li Ii cr- I ,E .!!' I ~ ~ ~ '" . z " U~ :3~ r2. ~ ~. a;. m.." ~" a 15 ij ('.,). ~:- ~l ....{) Jii,'r-: I l ~..'"; ~; .~,.. 1""'; , rfi ~. Clf' ". 11 "t .~ t if!: ~;;+ E f ~ l f' r' ~ rS. t)-, , ~ . .~ifff,ll .....~~' , Ti , ;; . .~ , p ;; . . . e . 1ij ..~ ~ s. gs H ~>' o~ ~. . , t~ . ~'ll ';:;:t i~ 00 . ~~ ts:;j i~ iifi1t . .!o i! n~ < o .Q ~ I ~ ~ ~ i! m > .,,, !l ~ . .. . i ~ 16'"[ ~ Ii [ ~ ~l ~ 0 III [ ~ ~ ~ ~ 2 'aal @l ~ 6'1: A ~ ~ ~ '9 ,0 _ 5 <l ili n ~ ~l!!. lii l rt o 0 !" <l td ~ . ., ~ ~ 0 ~ €i ~ 0 ~ . < . Jl a~ 6 .. ~ "~ ,< ~ a . . ~]i . ~ !I fi z ij ~ t p < . . - " ~ ~ " ;; " ~ a. 5 -. . ~ ., 5 ,i'c'~'>"~> :1 </'C ,- ,~T 'iF'~ '-li ,;;~,w","'!If"WP;',i" We,,!--- ni!!11 ~!'!'~!~!$'li~:r$!!l"-'~"IFm~!-!Q!1!I!lH~1lHmll~lIl"""'~~_"~;jli~ilf!!nfflj~IfJf,l!]I'IJ\lillIlI'iII~_rll!ll~~l!ji~~. II ! ." !l ~ h l~ ~I !l::.o.<: ~ "0 ii lS.!!:! o ". . ~ ~ "'Oa E . I o . ~ f ~ ~ . i . . . & " ~ . ~ .) . E li o ~ . " ~ . 0 , ~ . .~. . ~ ~ . ~ f& ~ ~ " ~ ." " " ~ < ~ ~ a ~ ~ . ~ 11 8 o . . . ~ o Ii ~ 8 i! . ~ ~ ~ . ~ o 2 " 5 ~ ~ ~ . ~ . . ~ 2 ~ o o l ~ z . ~ ~ E w ~ .- ~ I~ .~ ~ ~o: ~ ~ ! ~ , 0 2 " < . lj I . ~ ~ ;! ..., ~ ~ ~ J: _is: o ! ;; o . !~ .~ " o i ~ . ~ j a " ~ " o " o i [ " ~ \ ~ " . ~ . o ~ " ~ . < 8 ~ o J .. ~ E A I i 8 Ii ~ ~ ~ ~ o ~ I ~ "~ . II $::.. ~'o':;i= .h :P 0" , " "jj " ~ "1l" ~ ~5 ~ ~ ~ - ~ !-~ til ~ "'-..; ~; I~<;' <II ~ j'; ~ III " r--- w~~~-!{f~;~22'~p2i"'..!~g:~';:1i:\:':,;~ ,~NfJT~ ;lND SECURITY AGREEMENT, DATED J U 1 v 15 19 ~ NOTICE: If checked I 1. see the separate Itemization of Amount Financed. LOAN# 600001976869 INSTALLMENTLOANNOTE Somerset 11210 ANNUAL FINANCE Amount Financed Total of Payments Itemization of Amount Financad PERCENTAGE CHARGE The ainount of credit The amount I will have Amount flnknced . RATE The dollar amount. provided to me or on my paid after I have made all $ 23 220 10 The cost of my the credit will cost behalf. scheduled payments. Amount given to me directly cledit as a yearly me. $ , "!. rate. 23,220.10 $ 30,986.40 12.0 % "$ 7,766.30 $ Amount paid to nw account $ 16,497.05 M\t ~rnent Sched\l\s,"'w\l\ be: Amount Pald l.o others on my behalf Number of Payments Amount of Paymen~ When Payments Are Due to InsuranFe co, Monthly, beginning 30 day s $ N/A 60 516.44 ,19 . $ from date of the Bote & to MRNA Security Agreement(see above) $ < ,"0 n. and monthly thereafter , to NtA $ seeur\\y: I am giving you a set:l.lrlt1 interest In the gcoOs or perstmal propeny bit\ng pUTchasad. Prepayment: -If I payoff early, I will not have to pay a penalty. late Charge: If a payment is more than 10 days late, I will be charged 5% of the payment, but not more than $5.0Q, I wm review the InformaUon below and my other loan documents for additlonallnformatlon about non-payment, default, and required payment in fun before the scheduled date, and prepayment refunds and Plinaltles. The Annual Percentage Rate, Amount Financed and Payment Schedule Shown above are part 01 this Note and Securlty Agreement (which IS called the "NO'IC").. In this Note the words "l'~ "me", '"my'~ "WfJ", "our" and "us" mean each person indlvlduaUy and JOintly who sIgned it (either as Borrower or Co-Sorrower). The words '''you'' and ''your'' refer to THE DIME SAVINGS BANK OF NEW YORK, FSB, unless indicated otherwise. Promise To Pay: I promise to pay you or 10 your order at P.O. Box 3008, Uniondale, N.Y. 11556, the Amounl Financed, plus interest as provided below, in the number (If equal monthly 'payments shown in the Payment Schedule. Payments are due beginning on the dale indicated In the Payment Schedule and on the same day of each folJowing month until you are paid in full. I may pay in advance.aU or part of the balance dUI~ al any time, without penally or premium. Secutlty Agreement: As security lor the. prompt payment ot the sums I owe. and the proper performance of my promises In this Note, I as well as. aU the "Co- - Owners" signing below grant you a security inlerest in the following personal property, an~ It's equipment and accessories: I 1 :=3 New/Used. Description (Le. Year and Make) VIN/$erlal No. N/A Your security interest includes parts and equipment, called "accessions," added 10 the personal property at any later time. The personal property, together with Its equipment, accessories and accessions, is called the "Collateral." Your rights and our responsibllllles regarcling the Collateral are provided in this Security Agreement. which continues an the reverse side. How Interest Is Charged: The FInance Charge shown above was figured by assuming that all payments were received on their due dates. You will credit each payment fits! to earned Finance Charge and then to the unpaid balance of the Amount Financed. You will compute my Finance Charge on the unpaid balanc.e of the Amount Financed each day using the rate that applies to my loan'. The earlier r make my payments before their due dates, the Jess Finance Charge I will pay. You will send me a refund check If you ,owe me $1.00 or more attar I ma\<e my last payment. On the other hand.. the later I make my payment$ .after. they are due, the greater the Finance Charge. You will advise me, before my last payment is dUe, of any additional amount I owe If !lIs $1.00- or more. Set-Oft: The law gives you a right. of set-off to any of my property In your possession at any time, including deposit accounts. ThJs means that, jf I defauft, you may exercise your right of set-off and apply any of my property in your possession; including deposit accounts, to the soms I owe on !hls Note. Property Insurance, including comprehensive and call1sian coverage, against/ass of or damage to the Collateral Js required by you for the lerm of the Note. PROPERTY INSURANCE MAY BE OBTAINED THROUGH ANY AGENT, BAOKER OR OTHER PERSON OF MY CHOICE. See I.nsuranca In p~regraph 2.3 of the Security Agreement on the reverse side. Automatic Payments: If this box Is checked CXthe Bank will deduclthe payments that I owe on Ihls Note from Deposit Account Nm , "i 0 no ~ R 1 q ~t the Bank. I authorize th~ Bank to automatically ded~ctth.e payments when they are due. If the Bank or I cancels'the autOmatic p~yment deduction, then the Interest rate on this Note WIll Increase to~ l% wh'9h win result in an Increase In my final payment. The Bank wilt cancellhe automatlc payment deductlon only i1there is not enough money In 1M account 10 pay the required payments. ' . Credit Uf~ ln~urance Is to;Iot Required: Single and Joint Credit Ufe Insurance is available to the Barrower(s) signing for tnsUfan~ below at the cost(sllm:llcateQ, No credit life Insurance wl!! be provided unless the appropriate statement(s) is Signed by the Borrower{s) to be insured and the costs shown below are included in the Amount Financed. Coverage is sUbjecl to the approval or the company. In New York. coverage is only available 10 applicants age 65 and under. In New Jersey, covE!rage is only available to borrowers whose lo_ans m~ture prIor to age 70. By Signing, I want Single Credit Ufe Insurance By Signing, we bolo want Joint CredilUfe Insurance which cosls $ which costs $ N I A for the term of term of the loan. the loan. forlhe N/A Signature of Borrower to tie Insured for Single Credit Life Insurance Dale of Birth Signature of Borrower Ag. I ~A Dale oi Bh1h N A Agfl-- Si nature 01 Co-Borrower Age Dale 01 Birth THE ADDITIONAL TERMS AND SECURITY AGREEMENT ON ,THE REVERSE SIDE. ARE PART OF THIS NOTE. BY SIGNING SEW\\', I AGREE TO AU, . OF THE TERMS OF THIS NOTE. t ALSO ACKN?1LEOGE RECEIVING Ii COMPLETEO COPY OF THIS NOrE. ' Borrower'sSlgnatute ~ m. ~'\<<h~ . Co-80rrowar'sSlgnatue . .-.-,W-,;; NOTICE TO CO-SIGNER I am being asked to guarantee this debt. I will think carefully before doing $0. If the Borrower doesn't pay the d.ebt, t w\U have to. 1 am aure 1 can afford to pay ff I have to, and that I wOlnt to Olccept this respansibllity. 1 may have to pay lip to the full amount of the debt If the Borrower does not pay. I may also have to pay lale fees or collection costs, which InCl'&aSe$ this amount. The Creditor can eoIlect this debt from me wltbout first trying \0 collect from the Sonawel. The C,ed\u.r can use- the same co\lec\iora methods against me that can be used against the Borrower, such as suing me, garnishing my wages, etc. If this debt is ever in default, that fact may become a part of my credit record, Co-Signer's Surety Agreement: I, the person (or persons) signing a~ "Co-Signer'. belOW, promise to pay to you or to your order the Amount Financed,. plus interest and other charges, as provided in thIs Note. 1 agree lobe bound 10 the terms of this Nole, separately and together, with the Borrower. I am making this promise to induce you to make the loan to the Borrower, even though the proceedS will be used only for the Borrower's beneli\. I agree that you may seek immediate payment from me w1\hou\ any prior demand 'tor payment upon lhe Borrower. \ alsQ aclmawledge receiving a completed copy of this Note. Co-Signer's 51gnalUre N/A N/A Date Co-Owner's securiiy Agreement: I, the person (or persons) signing as "Co-Owner" below, together with the Borrower or otherwise beln~ all of the owners of the Collateral, grant you a security interest In the Collateral identified above. I agree to be bound by the terms of the Security Agreement contained In this Not~. I am granting you this securrty interest to induce you to make the Joan to the Borrower and to secure the payment by the Borrower of all sums due under thiS Note. If, upon delaul~ and sale of the Collateral, there remains any sum stili due you on the Note, I wUl not be obligated to pay you that sum. . r.n..nwnAr'<: ~jnn"tllrl. N/A N/A 1'1"." -"'~'l i' ---~~. ,- -," '^' '" "-1- ""'~ .. ""~~"'-_''''''"''o~_ ' ADDITIONAL TERMS The following are each "Defaults": I fail !o make any payment 10 )'DU on or before (he day II comes due; I provide you with f3lse information or signatures at any funa; I die or become-legally incompetent; 1 do nol promptly and properly perftlnn any of my promises or obligarlons In this Note, the Sec:urily Agr.aement, -: or in any olher nOle or agreement I now Of {ater have. wiUl you; (v, I cannot pay any of my debts as they come due; {vi} Proceedings are begun under 1tle Bankruptcy Code by or against me; (Vii) Any jUdgment is entered of record against me; or (viii) Any of my property is attached or subject 10 being rorfeiled. W~fVERS: If you declare the unpaid balance of the Nole and earned Interesl ta be immedialely due and payable. I waive my rights to r6quire you to do certain 1llings. ThOSe things ..~_a:' . (I) . to demand payment of amounts due (known as "presentment'l; (!i) to give nOllcl! that amounts due have not been paid (known as "notlce of diShonor"}; and 1m} to obtain an official certification on nonpayment (known alS "protest''). . . You Welll8 the right to treal. any property Qtt'ter than lhe COUl\tera( as security for \his Nma A wa\\ler ut any ol.her of your tIghts under this Note wllll'lot be effective unless iI is.in a. signed ,wrillng.' . . LATE CHARGE: If any installment owing under this Note is overdue for more than 10 days, I will pay a lats charge of 5% af the installment, but not more than !Il6.00. Bul, If the lOlal of al! late -charges ufK:!llr this Nole exceeds $25.00, the 9JCC8S$ will be refunded within 60 days after all arnoullIs owing under Ihls Note 81'9 paid. DEFAULT AND REQUIRED PAYMENT IN FULL: If any Default occurs, you may,/fyou choose, "accelerale" the maturllyof this Nola This means you may declare the enlire remaining unpaid balance of the Amount Flnarn:ed and earned interest t.o be ,irnmedlale!y due;md payable. It yG\l ar<'l-fu're$d1o~e an actiOn tD1mlltM amounts tn Del;mll, ! also agree to pay, tli the extent permitted by law, all of your <;ourt cosls and collection feas, IncludIng reasonable attorney's fees.. You will contInue \0 impose interest daily on all sums owed to you.as provided in Ihis NOle unt11 you receive payment In full. NO NoTICE OR \.055 OF RIGHTS: You can do any at the following without teRlng me or losing any rIghts against me or the Collateral: (1) accept a check or other order trIarked "paid in fUll" or wjth. similar language as a partIal payment under this Ntrt~: (II) give additional lime for payment of any amourlt owing under this Note; (Hi) exercise. give up or delay exercising any tight against any person or property; (iv) add or release any person or property oblIgalt<<l under this Note; or (v) fall to protect or enlorce your interest in any of tbe Collateral. ~ULTlPLE PARTIES: If there is more than one Borrower on this Note, or one or more Co-Signers, aU of your obligations shall be primary. Each of us will be hable, separately and toge\ller, for all of our promilreS in this Note. '. . 'PENEFiT AND BURI;>EN: A1l1he beneflls of this Nol:eshan favoryou, your successors and assigns. The obligaUons shall bind us, and our heirs. pelSOrlal representatives <lnd assigns. . . NOTICES: Each demand or notice under fhis Note shall be delivered or sent by regular mail, Sddre.$Se.U 10 the party at the- addl"$$ '21$ prcMded in your records. (::ither party may change its address by giving such a notice 10 Ihe other party. Reasonable notice. when notice is requlr~d, shall be .deemed 10 be 10 days. . LAW; The Note will be governed by the laws of Ihe state in which the motor vehicle is registered, unless federal laws apply. ~ETURNEO PAYMENT CHECK CHARGE: I agree to pay you $20.00 for each monthly paymnnt check returned unpaid. DEFAUlT: (I) (ill (Iii) (iv) SECURITY AGREEMENT SECTION 1. LOAN AND COLLATERAL When I sign this Note and deliVer it to ~ou, and compl(:le ttle other required delails, you will make a lo~n to me.. The loan will be secured by Ihe Collateral described on the front side ollhls Nole, As used in the follOWlf1g Sedions of this Security Agreement, "I" also includes co--owner(s) of the Collateral. . SECTION 2. MV OTHER AGREEMENTS 2,1 SEll, ETC. I will not sell, lease or otherWise dispose of the Collateral. I will not permit any lien or security interest to be obfained on the Collataral other Ihan yours. 2.2 MAINTAINING THE COLLATERAL At my cost, I win maintain Ihe CoJlaleral in good condition and repair. I will preserve it against Joss or damage. I will PAY. aU taxes and olher cllarges on the COllateral. I will not use the Collateral iII~gally or for hire. . !.:3 INSURANCE. While <lny sums are owed on Ihls Note. I will carry insurance on the Collateral 8gal:151 fire, theft and other casualty. The policy win contain a deduclible clallse of 110 more lhan $500 and with an insurer that is satisfaCtory to you. The policy will name you as the "loss-paY'$." The polley will provide that. any loSs is to: be pa.yable to me and to you, as OUT Interests apoear. tt wi<< a.lso provide. that you be giVEm not.tess tkall10 days' pr\Qf wrilten no\~ of any cancellation or reduction in coverage, for any reason. Upon request, I shall deliver the policies. certificates or oIher evidence of Insurance to you. In the evant of any lo$S or damage to the eoUaternl, I will immedletely nOllly you in writing and lile a proof olloss wUh the insurer. You may Iile a pn:JOf of loss on my behalf If I fail or refUSe 10 do so. You may.a1so sign my name to any check, dra1t or other order for Ibe payment of insurance.prcceeds in the ewnt of loss or . damage to the Collateral. If It is scoraomically feasible, in your judgment, you will apply the insurance proceeds to repair or replace .the Collateral. OtheJWise. you will apply the proceeds to reduce the sums I owe on this Note. . . .4 YOUR SECURITY INTEREst! win jQin with you in signif\9 and filing doeumel13 and. at my expen'5e, In doing whatever you betreve is. ~ to pe!fect and continue to perfect your secunly interest in the CollateRlI. '1 will ;issist you In having your seturity interest noted on the certificate oUiIIs to the Callalemt .5 OUR AUTHORITY TO YOU. I authorize you 10 pay the proceeds of the loan directly to the seller of tile Collateral. III fail to da what is reQulmd 0/ me in SectIons 2.2., 2.3, and 2.4, Y01J Illay, if~ ~ perform my oollgat~ns and pay S\)ct! costs. expenses and,il\Surafl(:t!l premiums. flowevel', aITf T0P1acement insurance you oblain 10 cover loss or damage IOtheCollaleral maybe limited to an amount not grealerlhan what I owe.on this Note. Any amounts you advance on my behalf will be added 10 the balance OR whictt you impose finance Charges at the annual percsntage'rate of this Nole and may be repllYable ellher (i) immediately, on dematld, (il) along with my manU'lly payments, Of (iU) at the end of tile Note 19m'. as you alone may specify. Your advancing any sums on my behslf will not cure my failure 10 pedorm my promises in this Note. . . . . ,6 REMOVAL AND INSPECTION. I will not remove the Collaleral frOm ils permanent garage location. except for normal use and for temponlry periodf".. without your prior wtiUen consent. t wi" permit you to inspecUhe Collawra! at any feasor.able time. 7 CAEDff LIFE INSURANCe. It f pay this Nate early, or the full amount is declared due, you will refund or credit my account, any unearned ~it insurance premium of $1.00 or mote. Refunds will be caJculated using a commonly known formula called the "Rule of 78's." e:CTlON 3. NO LOSS OF RIGHTS. The Note and th_is Securily Agreement may be negotiated. assigned, extended or renEIWed by yOti wtthoul releasing any us or Ihe Collateral. You may add or release any person-or property obligated under the Note wlthout losing your rights in the Collateral. I WiD remain bound 'ttds' Note even if the Collateral is lost. stolen. damaged or destroyed. . ::eTIOM 4. DEfAULT. A Oefault UOOef the Note will be a Qefault under this Security Agreemenlll1 addition to aU the rights and rel1\Sdies of a secured party IOn default which are provided under Ihe UnifOrm Cammerelal Code, upon your declaring the Nole 10 be immediately due and payable: ' I SURA ENDER OF COLLAfERAL You may require me 10 detiver the Collateral to you at a reasonably convenient place you designate. ~ PEACEFUL REPOSSESSION. I,f I don't deJlverthe Collateral 10 you, you may fake posseSSion of it, with or wilflOut legal process, in accordanC1: w1'!t the law. I au\MTlU! you to peac-eab\e'~nter upoo any premises where the Collateral may be located for the purpose of taking possee.s1on and removmg it I ~ENSES OF REPOSSESSION AND SlORAGE. You maycharge me )'(lur reMOnable expenses in repossessing and storing the Collateral SO long as they /'Ire allowed by law. : SALE OF COLLATE~AL. You may sell, assignor deliver the Collateral at one ()r more public or private sales. You may purchase the Collateral ill those sales. lTge Q! My equitable Qr legal right or etalm , may have in the Collatel'al. YI)U wm appty the proceeds oi sal-e tin>t \1) your ~pElf\ses and then to the sums I awe on this NaIf!. You will pay any surplus to me. U a sum is still 0W9d to you, l/we ml,lst pay It to you. , ao' Date of Disbut'Semenl JrfOWer's NamEl r' J Print Co-Bonower's Mama Print ttdfel>S repared By Verifll1d By NorICE: SEE FRONT SIDE FOR IMPORTANT INFORMATION ~ndl1'IP.h'.1I9S ,; t'i"-~'~' =.~ ~. 1h9/01 SHERMAN "--';.::K-_ .,p' '}!:,ACCOtJNT BREAKDOWN ,..-'k" ", "'V1,,, - ,.-,' :,<~~ 6-1976869 .::; .' AMOUNT OF NOTE $ 23,220.10 AMOUNT PAID $ 4,995.07 BALANCE $ 18,225.03 ADDITIONAL CHARGES FORCE PLACE INSURANCE $ BALANCE $ 18,225.03 REPO SALE PROCEEDS $ INTEREST REFUND $ OTHER CREDITS INSURANCE $ FORCE PLACE INSURANCE $ PMTS MADE AFTER CHARGE OFF $ TOTAL CREDITS $ BALANCE $ 18,225.03 REPO EXPENSES $ ACCRUED INTEREST $ 2,241,24 BALANCE DUE $ 20,466,27 ~i'>~' ~ ' " ! Prepared by BauerM 1129/01 Page 1 <jTr~J_JJll ,:H; ,,' -~. . ;-"- ~ I ~. "- ,,~- AFFIDAVIT I, James Watson, of Dime Savings Bank of New York, FSB, Plaintiff herein, verify that the statements offact contained in the foregoing Pleading are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa, C, S. 4904, relating to unsworn falsification to authorities. 1/ - n - 0 I ~JJ;nt~ .... Date Affiant James Watson Assistant Treasurer Title 231 East Avenue Address Albion. N Y 13311 City, State and Zip '<'.TIi.,~_". ,-' -"'~ '~-~~T~,"'"_ _.,,_;':,-,~". oj' - :' ,~ . _1, . . 0 ,_ ., 39500 . r~u ~ u """ '..,,"''"' " ''''''''IIT_'~':irfDl!i''Y' , . if.( i ~ -IQ. h ~ ~ . g ~ ::;: ~ C> () lI( 0 (:..::~ ~ \ D 0.- c ~ < , "PI :' 0 r:: ~ ~I~.;:. ',-:-) -.. "",:.:.L u:. -( cu. ~~ ::-:-= ~:;c: j;;~~: ~~) ,-, ;;::: -.' , (...1 ~, ')i j; ~: n ,- ",-- "" ,~'lIilf~,."" _,~_""'~~' p,~_,_~' , J iJ!'lir~~"~~~i\f~:..'f;;p;IMcl-"'wj;-fL1~+W~~)i?~IYM"''':W-tWl:f\''~''''''x"""r'!A',*Af""'1"""'''9"'!fif1I%-\Or~1\<-'Nr1!*'t.~l@~i'~4%'+''lf1'f,;!0l~N\ji' nr~~~~~' SHERIFF'S RETURN - REGULAR CASE NO: 2001-06967 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIME SAVINGS BANK OF NEW YORK ~... VS ,- SHERMAN ARTHUR M JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHERMAN ARTHUR M the , at 2010:00 HOURS, on the 19th day of December, 2001 DEFENDANT at 4341 CARLISLE PIKE CIS CAMP HILL, PA 17011 by handing to ARTHUR SHERMAN a true and attested copy of COMPLAINT & NOTICE too:Jether with ~.... ~- - and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9,10 .00 10.00 .00 37.10 r'~./;2.~ R. Thomas Kline 12/20/2001 APPLE & APPLE A.D. By: ~ ~,y 'heriff - Sworn and Subscribed to before h' '7 u.::: me t l S ' 9:.,,,} ~.2J Ch.. , 0 fr,. 111.. ~ Prothonotary day of ;'~1:)Ji.t'rr,m'1.r I"",,"~,-~ - '-T~-- ~ "" ,~~ 'T~ Tr'~~- ~ - ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DIME SAVINGS BANK OF NEW YORK, FSB NO. 2001-6967 IN CIVIL ACTION -vs- Plaintiff(s) ARTHUR M. SHERMAN PRAECIPE FOR DEFAULT JUDGMENT Defendant(s) CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R, Apple, Esq, PA LD, No. 37942 Charles F. Bennett, Esq, PA LD, No. 30541 Joel E. Hausman, Esq. PA LD. No, 42096 APPLE AND APPLE, P.C. Firm No, 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 -"'4'1'!l'1~",1 _~_, ~1"''!'''''''',' ~"',~~ F' I ~I"~ - '-"rr .-A P" ,-- ,,,,.~, - ""~-" . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DIME SAVINGS BANK OF NEW YORK, FSB NO. 2001-6967 IN CIVIL ACTION -vs- Plaintiff(s) ARTHUR M. SHERMAN Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the above-named Defendant(s) in Default of an Answer, in the amount of $29,622,25, computed as follows: Amount named in Complaint $ 20,466.27 Interest from January 30, 2001 to January 22, 2002 on $20,466,27 2,402,12 Attorney Fees Payment TOTAL, 6,753,86 $ 29,622.25 I certify that Notice of the intention to enter this Judgment was given pursuant to Pa, R,C,P. 237.1. A copy of said Notice is attached, and was mailed on January 10, 20021 by Regular mail, postage prepaid and, addressed as follows: Defendant: Arthur M. Sherman 4341 Carlisle Pike #C-15 Camp Hill, PA 17011 APPLE AND APPLE, P.C. n".d, Z~ [)/Jt N~~!~~ _ ,.",~~~ "_,_..! _ ". -~, . , - .~,...,_~:l!i/! Tn 1T ~-" , . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DIME SAVINGS BANK OF NEW YORK, FSB NO. 2001-6967 IN CIVIL ACTION -vs- Plainti.ff(s) ARTHUR M. SHERMAN Defendant(s) Arthur M. Sherman 4341 Carlisle Pike '~C-15 Iv amp Hill, PA 17011 Date of Notice: January 10, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. Cumberland County Bar Association 2 Libert:y, Avenue Carlisle, P A 17013 Telephone (717) 249-3166 Toll free: 1-800-990-9108 APPLE AND APPLE, P.C. By: f r , -,,.... "" ~~ ,'./"l./ /;....: 1J'/. 7:;1 'lr. l ~.:.,~,..~~~:, ' ~...... Jam!!s . App ,Esq. Attorneys for Plaintiff(s) 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 '1i,:,91!ilfltt,L. _0 ~ III , c ~. ...... .. ME!.. "' .. < ' ~ ",' ~ , ' ." . ~ >~., . ,. ~. ," ".,-".,."'h '.~,' ,~" """ " "".."I'I"^'if'.lll'Y'''' A " "~'{ '.n ,--,', ,. '~"'" . . II II II'" I _~'" III . .. - ~ (.J olQ N 1L :-G #0- S F ........ ~ Fl (') 0 C> C l'J- " ')J s: ~ ,-, -- "'OU] 1-::n - () ~~~'.; Z j (;) -t "i: Z~ N ...J '-- ~.g ~~ w ll! --......--:0 ,~ !2r..::" ?::::',' " ~ -f- ~'>C, ';:""! ~ ~(j l0 ,';:.;f<'< Pc '- P--, ,-1 Z :D -' -< \0 -< ~ t:s [3ft )i IW ~,~~=~!"'''. . ~W!lIJl/!'l:i'1!.-~'~:<'!',_l!lclL~rr;.,~,~"'1- ,""t_ IN r~r- ._ J, !iI1!J]"JI~Jljf~1111!W'!,!Ifl! \ .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DIME SAVINGS BANK OF NEW YORK, FSB NO. 2001-6967 IN CIVIL ACTION -vs- Plaintiff(s) ARTHUR M. SHERMAN 4341 CARLISLE PIKE, C-15 CAMP HILL, P A 17011 PRAECIPE FOR WRIT OF EXECUTION Defendant(s) CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY; James R, Apple, E8q. PA l.D. No. 37942 Charles F. Bennett, Esq, PA l.D. No. 30541 Joel E, Hansman, Esq. PA l.D, No, 4209ti APPLE AND APPLE, P.C. Firm No, 719 4650 Baum Boulevard PitLsbmgh, PA 1521:1.1Z37 Telephone (H2) 682-H66 Fax (412) 682-:31:18 -"~"~^ : -j . , '1>'- ~~ 1 I 1 ! ! : ,. -~ ,-' "l~ - .. ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DIME SAVINGS BANK OF NEW YORK, FSB NO. 2001-6967 IN CIVIL ACTION -vs- Plaintiff(s) ARTHUR M. SHERMAN 4341 CARLISLE PIKE, C-15 CAMP HILL, PA 17011 i ; Defendrmt(s) PRAECIPE FOR .WRIT OF EXECUTION <" ' TO THE PROTHONOTARY: Kindly issue t.he Writ of EX..,('lIt ion ill the ahO\'e:caption<>cl matt.er... (1) directed to j,lw Sheriff of CUMBERLAND County j,,, If'vy IIpon any and all personal property at 4:341 Carlisle Pike"C-l.s, Camp Hilt, PA 1701l: (2) against Defendant(s) ARTHUR M. SHERMAN (3) against Garnislwe(s) (4) Judgment: $ 29,622,25 Interest from January 23, 2002 to July 23, 2002 on 29,622.35 Amount of Interest $ Payments $ SUBTOTAL: $ 876.49 :30.498,74 Costs (to be added by Prothonotary): $ APPLE AND APPLE, P.C. Dated: of'l)L- By: I -',:,~jj,mll._~ _ ~~o" _ ,- -~? - -f .^- . -- .- ~ ~ ~ c; ~~ .~~ ~. :::.t- ~ "1 dB '\1 f"- ~ ,.... 0 ~f} 1!Y:. [P ~ Y- L Y ! """l"""'"'" ~",~~,,"~"'OIil~_ii . II "I 1"- "}~,";;,t d-__"__""--.",~-,-,,-~,,,".~";,g~.<~,>",,",.",I~'''<'.<<l~ll1ir " - 'M 'llll; ~ ,,- """''''--'''''''''''... .. . -.. ',' "'., ..... ~ ~ -IQ. () ~ :..0 :-0 .i;) 0 .=:J iJ ~ () & C 1'0 ."11 - .... :::J 0 () Or 8 $: """ -00::' C_-= , ;-j~D !T1rr' ..~ J .,. I Z:J: f71 I ,..,) ~ I ~€;~: '..- a i r -U "[-J s--:c . r; ~'d ~ , ;- p: - ~ ~ ~~... ';~~ ~~~ \.!...; , . . ~~ :2":': :.11 53 .... .., ~ ... .) \0 -< ... -', .y~ "j~~~'I'l'~;~:~~~~Wf#'iffQ\~:Wr);i;' .. _"'_~"_"''''"-'',T;''i''- ~~-.~~< - .~-< " .' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DIME SAVINGS BANK OF NEW YORK, FSB Plaintiff (s) From ARTHUR M. SHERMAN, 4341 CARLISLE PIKE, C-15, CAMP HILL, PA 17011 (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY AND NO 01-6967 Civil CIVIL ACTION - LAW ALL PERSONAL PROPERTY AT 4341 CARLISLE PIKE, C-15, CAMP HILL, PA 17011 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has beenissned; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify Irim/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $29,622.25 1.1. $.50 Interest FROM JANUARY 23, 2002 TO JULY 23, 2002 - $876.49 Atty's Comm % Due Prothy $1.00 Atty Paid $109.10 Plaintiff Paid Date: AUGUST 20, 2002 Other Costs CURTIS R. LONG (Seal) Prothonot~ ~By: ~rYr 0 P. 7?;r~ Deputy ,- REQUESTING PARTY: Name JAMES R. APPLE, ESQUIRE Address: 4650 BAUM BOULEVARD PITTSBURGH, PA 15213-1237 Attorney for: PLAINTIFF Telephone: 412-682-1466 Supreme Court ID No. 37942 ;"_'.";~7?~f. ~,r!-_~_,__"_?,, ^ r'- ,'__J- 'f ,~ , ^-'^I 3i,>(l1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-6967 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DIME SAVINGS BANK OF NEW YORK, FSB Plaintiff (s) From ARTHURM. SHERMAN, 4341 CARLISLE PIKE, C-15, CAMP HILL, PA 17011 (]) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY AND ALL PERSONAL PROPERTY AT 4341 CARLISLE PIKE, C-15, CAMP HILL, PA 17011 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to odor the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $29,622.25 L.L. $.50 Interest FROM JANUARY 23, 2002 TO JULY 23, 2002 - $876.49 Atty's Comm % Atty Paid $109.10 Plaintiff Paid Date: AUGUST 20, 2002 Due Prothy $1.00 Other Costs CURTIS R. LONG (Sea]) Prothonotary '-E,y: ;J /) Q~ IL.. P.7f7rfJ/JjY, J f- Deputy REQUESTING PARTY: Name JAMES R. APPLE, ESQUIRE Address: 4650 BAUM BOULEVARD PITTSBURGH, PA 15213-1237 Attorney for: PLAINTIFF Te]ephone: 412-682-1466 Supreme Court ID No. 37942 -"~;(~'.~1!l! .~ ~, lW'f. ~ r- ""," -~,..."~~,,,.. ll1 "'-~~.--.- ~ -,-",-,,' "'-'__^'~~M_-"'=_'~ ",_.,<:-l;U<,''''-\-{=-;.:'''_'''r';n~';,''4r R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months, Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Mise, Surcharge Levy Post Pone Sale Garnishee TOTAL Advance Costs: Sheriff's Costs: 150,00 69.84 80.16 18.00 1.37 .50 1.00 8.97 Refunded to Atty on 4/24/03 20.00 20.00 69.84 ~ '_t- -. Sworn and Subscribed to before me So Answers; .- '<> \' .... ;!"'K~~t:~~ R. Thomas Kline, Sheriff this ,;(. 'I ""day of ry,.- J 2003 A.D. ~(1 ~,~ pro onotary Bv Claudia A. Brewbaker c:' b ~ ~ ""1RI -::ro .~~ ') ~ =u=i.I ~ = ~ 7'\fiJ - ~,- ,,! h "l 'I'CH \,. 'rt'hII ,_ !Y ~ ~).j,!rjii .;!!;i!i:&",~:.'I-!i ".: 1,& Gk.. '101..9'7 (~ /3?JO'S' I If,''U,~~~~,. J~~~r~I!ffirt-i1!iiW1"~i"'f~~?J.'~~!~erN",j1!*lWM1~~~~f'):f'1"',"F"^' -",''''.';,-..:';1'0 -"-~j''",;,, "",;",",*~,""'H",,",,:'[;o,',,-F-""!l,:"-ivt-["--' "'-~'1L;%Jr;Hii11~~if'