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Home My WebLink About07-2934HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff vs. 827 W. TRINDLE PARTNERS, a Pennsylvania General Partnership, Defendant IN THE COURT OF COMMON PLEAS[ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. C~^~ - ~9..~f e;~.c~-~,., 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE c/o Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 ~~ - 2 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS[ TRUST COMPANY, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL ACTION -LAW vs. No. O'7' - n ~2 ntua~,~ 827 W. TRINDLE PARTNERS, a Pennsylvania General Partnership, Defendant COMPLAINT COMES NOW, Manufacturers and Traders Trust Company ("M&T Bank"), and brings this statutory action to conform confessed judgment pursuant to Pa.R.C.P. 2981, et seq., and avers as follows: 1. The Plaintiff, Manufacturers and Traders Trust Company, is a New York banking corporation, with an office located at 213 Market Street, Troup Building _ 4tn Floor, Harrisburg, Pennsylvania 17101-2141. 2. The Defendant, 827 W. Trindle Partners, is a Pennsylvania general partnership, with a business and mailing address c/o Gary W. Kopperman, 827 West Trindle Road, Camp Hill, Pennsylvania 17001 and c/o Morton S. Kopperman, 981 Ridgebury Drive, South Park, Pennsylvania 15129. 3. On or about November 1, 2004, the Plaintiff loaned to the Defendant the sum of One Hundred Nine Thousand Dollars ($109,000.00) evidenced by a Demand Note (the "Note") on which judgment was confessed to No. 07-2762 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania on May 4, 2007. 4. The Confessed Judgment entered in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 07-2762 Civil Term was entered in the amount of: Principal Sum Due - $ 109,000.00 Interest to 5/1/2007 - 7,282.57 Late Fees to 5/1/2007 - 406.01 Attorney's Commission (10% of unpaid principal and interest) - 11.628.25 Total - $ 128,316.83 Plus all future accruing interest after entry of judgment and after May 1, 2007, and after entry of judgment at the contract rate ($43.15 per diem) until paid in full, additional late fees of Fifty Dollars ($50.00) per month accruing after the 16th day of each month, together with reasonable attorney's fees, bank costs and cost of suit, and all other amounts, fees, and costs due pursuant to the Note, including cost of preservation of the collateral. 5. As the obligation to the Defendant is not a residential mortgage for Fifty Thousand Dollars ($50,000.00) or less, and was not secured by the Defendant's principal residence, the combined notice of intent to execute on real estate in - 2 - accordance with Pennsylvania Act No. 91, the Homeowners Emergency Mortgage Assistance Act, 35 P.S. §1680.41(c), et seq. and §403 of Pennsylvania Act No. 6 of 1974, 41 Pa.C.S.A. §403, et seq., was not required. 6. The current amount due on the obligation is as follows: Principal Sum Due - $ 109,000.00 Interest to 5/10/2007 - 7,670.92 Late Fees to 5/10/2007 - 406.01 Attorney's Commission (10% of unpaid principal and interest) - 11,667.09 Total - $ 128,744.02 Plus all future accruing interest after entry of judgment and after May 10, 2007, at the contract rate ($43.15 per diem) until paid in full, additional late fees of Fifty Dollars ($50.00) per month accruing after the 16th day of each month, together with reasonable attorney's fees, bank costs and cost of suit, and all other amounts, fees, and costs due pursuant to the Note, including cost of preservation of the collateral. WHEREFORE, the Plaintiff, Manufacturers and Traders Trust Company, requests your Honorable Court to enter judgment in favor of the Plaintiff, Manufacturers and Traders Trust Company, and against the Defendant, 827 W. Trindle Partners, in the amount of: Principal Sum Due - $ 109,000.00 Interest to 5/10/2007 - 7,670.92 Late Fees to 5/10/2007 - 406.01 Attorney's Commission (10% of unpaid principal and interest) - 11,667.09 Total - $ 128,744.02 Plus all future accruing interest after entry of judgment and after May 10, 2007, at the contract rate ($43.15 per diem) until paid in full, additional late fees of Fifty Dollars - 3 - ($50.00) per month accruing after the 16th day of each month, together with reasonable attorney's fees, bank costs and cost of suit, and all other amounts, fees, and costs due pursuant to the Note, including cost of preservation of the collateral, and further to conform the judgment entered to No. 07-2762 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania to the amount of the judgment in this action, and to merge the judgment in this action with the confessed judgment. HE By: I . D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 4 - I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MANUFACTURERS AND TRADERS TRUST COMPANY BY~ ~~~~~~:~~~~~ Kenneth L. Milliken Vice President HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS[ TRUST COMPANY, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL ACTION -LAW vs. No. 827 W. TRINDLE PARTNERS, a Pennsylvania General Partnership, Defendant AFFIDAVIT AS TO NON-MILITARY SERVICE AND CERTIFICATION OF LAST KNOWN ADDRESS OF DEFENDANTAND PLAINTIFF COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON ss. Before me the undersigned authority, personally appeared Marc A. Hess, who being duly sworn according to law, deposes and says that upon reasonable investigation to the best of his knowledge and belief the Defendant is not in the active Military or Naval Service of the United States of America and that the last known addresses of said Defendant are as follows: 827 W. Trindle Partners, a Pennsylvania general partnership, c/o Gary W. Kopperman, Partner, 827 West Trindle Road, Camp Hill, Pennsylvania 17001 and c/o Morton S. Kopperman, Partner, 981 Ridgebury Drive, South Park, Pennsylvania 15129. The address of the above Plaintiff is M&T Bank, Special Assets, 213 Market Street, Troup Building - 4th Floor, Harrisburg, Pennsylvania 17101-2141. SEAL) vor and subscr' ed to before me s day of , 2007. Notary Public COMMONWEALTH O PENNSYL NIA NOTARIAL PATRICIA L. YOUNG, Notary Public Ciry of Lebanon, Lebanon County P%~y Commission Expires December 17, 2009 - 2 - ys i vvmow Street P.O. Box 1140 Lebanon, PA 17042-1140 1" ~ d ~ ~ N ~ n ~_._ '~ R ~:, tJ~ .._~ G~ ^7'3 L C1 C7 -n _.~ n7 ~-'_ -.-~ . ~~ ", r:J -T t ~.~3 --~ n HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS IN THE COURT OF COMMON PLEAS[ TRUST COMPANY, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL ACTION -LAW vs. No. 07 -.293y ~lu c ~ ~~iZ,y,•-l 827 W. TRINDLE PARTNERS, a Pennsylvania General Partnership, Defendant PRAECIPE FOR ENTRY OF APPEARANCE Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP, 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, on behalf of Manufacturers and Traders ,.- Dated: I.D. #55774 ~ C~ t.;_ ~ -rt =°'`;; r . -`, r-s ~ c~ _.;,... -- ~ .. j "'i r ....w l I 1 ~~~~ r C.3 --E w `aJ ~ --~ HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS[ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. 827 W. TRINDLE PARTNERS, a Pennsylvania General Partnership, Defendant TO THE PROTHONOTARY: No. 2007-02934 Civil Term PRAECIPE X -SETTLE & DISCONTINUE - SATISFY DATE: ~ ~ ~ , 2007 HENRY LP i By: ARC .HESS I.D. #55774 Attorney for Plaintiff t~ "=' ~ ~' ` ~ . ~ . , ~ -..~ `~ ~ " =~ ~ ~ -- ~~ ~p - ! r:> :~:' SHERIFF'S RETURN - REGULAR CASE NO: 2007-02934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS 827 W TRINDLE PARTNERS MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon 827 W TRINDLE PARTNERS the DEFENDANT at 0917:00 HOURS, on the 24th day of May 2007 at C/O GARY W KOPPERMAN 827 W TRINDLE RD CAMP HILL, PA 17011 TATUM OVERBAUGH, SECRETARY by handing to ADULTIN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.64 Postage 1.16 Surcharge 10.00 .00 i,liq~n1 ~ ~ 3 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/13/2007 HENRY & BEAVER - ''~ By : /,..r eputy h f -.... A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02934 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS 827 W TRINDLE PARTNERS R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: 827 W TRINDLE PARTNERS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 13th 2007 this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: So an s,r Docketing 6.00 Out of County 9.00 Surcharge 10.00 ~ mas Kline Dep Allegheny Co 50.00 e iff of Cumberland County 75.00 / ~'~4~a~~ 06/13/2007 HENRY & BEAVER Sworn and subscribe to before me this day of , A.D. In The Court of Comm®n Pleas of Cumberland County, Pennsylvania Manufacturers and Traders Trust Company VS. 827 W. Trindle Partners No. 07-2934 civil Now, May 21, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, J y,~ (.,Q , 20 b, , at i t: 30 o'clock ~_ M. served the within C'o~1c,,.,r,-~, upon \ ` ~V r 'C ar. ~p D ~R•r-'M,cA.r~ at q ~ 1 2ti c~1 by handing to ~;r,,~ a copy of the original and made known to ~~,~,~, the contents thereof. So answers, f. Sheriffof County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT