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HomeMy WebLinkAbout99-03164HOMEAMERICAN CREDIT, INC. d/b/a UPLAND MORTGAGE By: Robyn L. Brown, Esquire - Attorney No. 74894 111 Presidential Boulevard - Suite 128 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 (Telecopy) HOMEAMERICAN CREDIT, INC. d/b/a UPLAND MORTGAGE Bala Pointe Office Centre 111 Presidential Blvd., Suite 128 Bala Cynwyd, PA 19604, Plaintiff, V. ROBERT F. SPANGLER 26 and 28 East Simpson Street Mechanicsburg, PA 17055, and ALETA A.SPANGLER 26 and 28 East Simpson Street Mechanicsburg, PA 17055, Defendants. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION NO. 99-3164 PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly Settle, Discontinue and End the matter w out Prejudice. Carolee Bc?rasi, Esquire .4M1`RTAN BUSINESS CREDIT, INC. BalaPointe Office Centre 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Attorney for Plaintiff J; V.EGA LV 1AClSpanglcr?IcadV'ltASDSE: DOC +1J 11 r• ,.,,,i u n_ cv _a O C) U HOMEAMERICAN CREDIT, INC. d/b/a UPLAND MORTGAGE By; Benjamin Reich, Esquire - Attorney No. 54439 Robyn L. Brown, Esquire - Attorney No. 74894 111 Presidential Boulevard - Suite 128 Bala Cynwyd, PA 19004 (610) 668.2440 (610) 617.4967 (Telecopy) HOMEAMERICAN CREDIT, INC. d/b/a UPLAND MORTGAGE Bala Pointe off-ice Centre 111 Presidential Blvd., Suite 128 Bala Cynwyd, PA 19004, Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION NO. Plaintiff, V. ROBERTP,SPANGLER 26 and 28 East Simpson Street Mechanicsburg, PA 17055, and ALETA A. SPANGLER 26 and 28 East Simpson Street Mechanicsburg, PA 17055, Defendants. COMPLAINT - CIVIL ACTION 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 arc 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 ajudgment 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 ATONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONETHE 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 (800)990.9108 AVISO Le ban dcmandado a usted cn to cone. Si usted quicre defenderse do estas dcmandas expuestas cn las paginas siguientes, usted ticne vicntc (20) dias de plain at pan it de la fecha de la dcmanda y la nou6cacion. Hacc ialta ascmar una comparencia escrila o en persona o con un abogado y entregar a la curie en forma escrita sus defensas o sus objectiones a las dcmandas en contra de su persona. Sea avisado clue si usted no se defiende, la cone tomam medidas yupedc continuer la dcmanda en contra suya sin previo aviso o notificacion. Ademas, to come puede decidn a favor del demandante y requicre que usted cunapla con todas las provisioncs de esta dcmanda. Usted pucdc perdcr dinero o sus propiedades u ones derechos imponanics para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO0 SI NO TIENE EL DENERO SUPICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME NOR TELEFONO A LA 017CINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE Sr PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990.9108 HOMEAMERICAN CREDIT, INC. d/b/a UPLAND MORTGAGE By: Benjamin Reich, Esquire - Attorney No. 54439 Robyn L. Brown, Esquire - Attorney No. 74894 111 Presidential Boulevard - Suite 128 Bala Cynwyd, PA 19004 (610) 668-2440 (610) 617-4967 (Telecopy) HOMEAMERICAN CREDIT, INC. d/b/a UPLAND MORTGAGE Bala Pointe Office Centre I I 1 Presidential Blvd., Suite 128 Bala Cynwyd, PA 19004, Plaintiff, V. ROBERT F.SPANGLER 26 and 28 East Simpson Street Mechanicsburg, PA 17055, and ALETA A. SPANGLER 26 and 28 East Simpson Street Mechanicsburg, PA 17055, Defendants. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION NO. 9 9- 316 Y &J T-u ^ COMPLAINT ON PROMISSORY NOTE 1. Plaintiff is HomeAmerican Credit, Inc. d/b/a Upland Mortgage ("HAC"), a Pennsylvania corporation, with its principal place of business at Bala Pointe Office Centre, 1 l I Presidential Boulevard, Suite 128, Bala Cynwyd, PA 19004. 2. Defendant, Robert F. Spangler, is an adult individual with an address last known to Plaintiff to be 26 and 28 East Simpson Street, Mechanicsburg, PA 17055. 3. Defendant, Aleta A. Spangler, is an adult individual with an address last known to Plaintiff to be 26 and 28 East Simpson Street, Mechanicsburg, PA 17055. 4. Hereafter the defendants may sometimes be referred to collectively as the "Defendants", 5. On December 4, 1996 in consideration of an extension of credit in the original principal suns of $50,000.00 from HAC to the Defendants, the Defendants executed and delivered to HAC a Promissory Note dated December 4, 1996 (the "Note"), evidencing the Defendants' indebtedness to HAC (the "Obligation"). A true and correct copy of the Note is attached hereto as Exhibit "A'. 6. The Defendants are in default of the Obligation by reason, lll1 g=ig, of their failure to make payments as required under the Note. 7. The amount due to HAC under the Note is the sum of $57,717.07, as set forth in more detail in Paragraph 8 below. 8. The debt demanded is calculated as follows: Outstanding Principal Balance $47,389.75 Unpaid Interest to 5111/99 2,127.63 (Per diem interest of $13.30 at 10.24%) Late Charges 163.38 NSF Fees 50.00 Force-Placed Insurance 86.00 Legal Costs 334.50 Other Fees Permitted Under Loan Documents 37.50 SUBTOTAL AMOUNT DUE $50,188.76 Attorneys' Fees 7,528.31 (15% of all sums due) TOTAL AMOUNT DUE $57,717.07 -2- 9. The defaults of the Defendants not having been cured, the balance due and owing under the Note has been accelerated, including the entire principal balance, together with all other sums due and owing under and pursuant to the terms of the Note. WHEREFORE, HomeAmerican Credit, Inc, d/b/a Upland Mortgage demands judgment in its favor and against the Defendants, Robert F. Spangler and Aleta A. Spangler, jointly and severally, in the sum of $57,717.07, together with interest thereon at the contract rate of 10.24% per annum (at the per diem rate of $16.19) from May 12, 1999 through the date of judgment, plus interest accruing thereon at the contract rate of 10.24% per annum from the date of judgment, as well as costs and all other sums collectible under the Note. HOMEAMERICAN CREDIT, INC. d/b/a UPLAND MORTGAGE By:-w?'? BENJAMIN REICH, ESQUIRE ROBYN L. BROWN, ESQUIRE BalaPointe Office Centre 111 Presidential Boulevard, Suite 128 Bala Cynwyd, PA 19004 Attorneys for Plaintiff HomeAmerican Credit, Inc. d/b/a Upland Mortgage fdshamdMegaNmclspanglcrlpleadlno1ecmp.dot -3- I, SUSAN B. NAFTULIN, declare and verify that I am the Assistant Vice President - Legal Affairs of HomeAmerican Credit, Inc. d/b/a Upland Mortgage ("HAC" ); that I am authorized to make this verification on behalf of HAC; that the facts contained in the foregoing Complaint on Promissory Note are true and correct to the best of my knowledge, information and belief. I make these statements subject to the penalties of 18 Pa, C.S.A. § 4904 relating to unswom falsifications to authorities. SUKAN B. NAFTULIN ` Assistance Vice President - Legal Affairs HomeAmerican Credit, Inc. d/b/a Upland Mortgage Dated: -4- EXHIBIT A IMN IDI 11645 NOTE DECEMBER 47H, 1996 MECHANICSDURG Insml Idyl I PE NSYLVANTA Isom 26 AND 28 EAST SIMPSON STREET, MECfMCSBURG, pEWSyLVANIA 17055 ftneny AJdreol I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, i promise to pay U.S. S 50, 000.00 'principal'), plus Interest, to the order of the Lendcr. The Lender is (this amount called IJPIlm MR111111im HO . MEAMEthat that CREDIT, INC. D/his Note. The Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the "Note Holder.' 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 10.240 S, The Interest rate required by this Section 2 Is the rate 1 will pay both before and alter any default described in Section 6(0) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by makingyayntents every month. I will make my monthly payments on the 9771 day of each month beginning on JANUARY 9TH, I will make these payments every month until I have paid all of the principal and interest and any other charg 1997. es described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, nn DECQMIXER 9TH, 2011 , 1 still owe Amounts under this Note. I will pay those amounts in full on that date, which Is called the 'Maturity pate.' 1 will make my monthly payments at 111 PRFSIDENITAL PENNSYLVANIA 19004 DDtILEIrAftp, SUITE 142, HAIA CYNNYD, requited by the Note Holder. or at A different place if (O) Amount or Monthly Payments My monthly payment will be in the Amount of U.S. $ 544.67 4. BORROWER'S RIGIIT TO PREPAY have the right to make payments of principal at anytime before they arc due. A payment or principal only is known as A'prepayment.' When 1 make a pmpoymenT I may make a full , i will tell the Note HolJcr In writingthat 1 am doing sHolo. prepayment or partial prepayments without paying any prepayment charge. The Note dcr will use all of my prepayments to reduce the amount of principal that 1 owe under this Note. If I make a partial prepayment, there will be no changes In the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (I) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) any sums already collated from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of TESL calendar days after the dam It is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If Iam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Haider may require me to pay immediately the full amount of principal which has not been paid and all the Interest that I owe on that amount. That date must be at least 30 days aner the date on which the notice is delivered or mailed to me. (p) No Waiver By Note Holder Even If, at a time when I an in default, the Note Holder does not require me to pay Immediately in full As described above, The Nom Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Ifolder's Casts and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Nola to she extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. afl1I.IISTATE FIXED RATE NOTE. sinale FamOy. FNMAMILxIC a tNIFORx11NMLmrENr AATCIG • 01211%s 11ae1 91`2 F.. 720012/0 Dax"fir, Inc. 7. GIVING OF NOTICES I= ID1 11645 Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if i give the Note Holder a notice of my different Address. Any notice that must be given to the Note Holder under this Notc will In given by mailing it by first class mail to the Nnm Holder at the address stmcd in Section 3(A) above or at a different address if I am given a notice or that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, cacti person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made In this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 7. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment' means the right to require the Note Holder to demand payment of amounts due. 'Notice of dishonor' means the right to require the Note Holder to give notice to other persons (lint amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations In some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed or Trust or Security Deed (the 'Security Instrument'), dated the same date as this Note, protects the Note holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note,. Some of those conditions arc described u follows: TrmmRr of she Property or a Beneficial Interest In Borrower. If all or any part or the Properly or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written comcnt, Lender may, at its option, require immediate payment In full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of accetemtion. The notice shall provide a period of not ten than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration or this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAUS) OF THE UNDERSIGNED. (Sea:) ROBERT F. SPANGLIIl JR. -Borrower 0 L'a A L Z ptu..r?sCtn (Seat) ALETA A. SFM -Borrower (Seal) -Borrower (Seal) .Borrower (Seal) -Borrower -Borrower /Sign Original Onlyl . AAT(:rf, • 14111995 . Paer 2 oft Dw Prep nw, tor. i '= SHERIFF'S RETURN - REGULAR CASE NO: 1999-03164 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEAMERICAN CREDIT INC VS. SPANGLER ROBERT F CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT ON was served upon SPANGLER ROBERT F the defendant, at 16:15 HOURS, on the 3rd day of June 1999 at 26 EAST SIMPSON ST MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to ALETA SPANGLER a true and attested copy of the NOTICE AND COMPLAINT ON together with PROMISORY NOTE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer Docketing 1.00 Service 6.20 Affidavit .00 Surcharge 8.00 R-I iomds KLIKe" Sheriff -06707?19NA C DIT, I NC by CL' n r? /- Sworn a pd subscribed before me this/ 44- day of 19 (acs _ A.D. ?Y `- r SHERIFF'S RETURN - REGULAR CASE NO: 1999-03164 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEAMERICAN CREDIT INC VS. SPANGLER ROBERT F CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT ON was served upon SPANGLER ALETA A the defendant, at 16:15 HOURS, on the 3rd day of June 1999 at 26 EAST SIMPSON ST MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to ALETA SPANGLER a true and attested copy of the NOTICE AND COMPLAINT ON together with PROMISSORY NOTE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers• Docketing 6.00 Service Affidavit .00 C? Surcharge 8.00 R. I" omas ine, herizz $7 UU'HOi?EA ERICAN TDIT INC 06/07/1999 ) -P 0 ep y e Sworn and subscribed to before me this 'f- day of 19 A.D. • l _ V HOMEAMERICAN CREDIT, INC.: d/b/a UPLAND MORTGAGE, Plaintiff V. ROBERT F. SPANGLER and ALETA A. SPANGLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-3164 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, it appearing that docket activity has occurred recently in the above-captioned case, the case is stricken from the purge list, and shall remain active. Benjamin Reich, Esquire Robyn L. Brown, Esquire For the Plaintiff Robert F. Spangler Aleta A. Spangler 26 and 28 East Simpson Stree Mechanicsburg, PA 17055 Defendants Court Administrator wcy I?0do IKQ??? - A?kS v By the Court, ^. i ..i HOMEAMERICAN CREDIT, INC., d/b/a UPLAND Plaintiff V. ROBERT F. SPANGLER, ALETA A. SPANGLER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3164 CIVIL TERM ORDER OF COURT AND NOW, this 22n' day of January, 2003, upon relation of the Cumberland County Prothonotary that the above-captioned case was erroneously placed on the 2002 purge list, when in fact the case had been discontinued, the case is stricken from the 2002 purge list. Carolee Berasi, Esq. BalaPointe Office Centre 111 Presidential Boulevard, Suite 103 Bala Cynwyd, PA 19004 Attorney for Plaintiff Robert F. Spanker Aleta A. Spangler 26 and 28 East Simpson Street Mechanicsburg, PA 17055 Defendants, Pro Se 9-- :rc BY THE COURT, cn CL ? 7 J At -J> CJ co C-3 V