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Home My WebLink About07-3446h MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF FACTORY FINANCING, ) Plaintiff ) vs. ) SANDRA J. DAVENPORT, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2007- 3~/ ~~ ~~ ~ ~ ~~~l1J'-~l 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF FACTORY FINANCING, ) Plaintiff ) vs. ) SANDRA J. DAVENPORT, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION N0.2007- 3 y y ~ COMPLAINT AND NOW comes the Plaintiff, FACTORY FINANCING, by and through its counsel, Michael L. Bangs, Esquire, and files this Complaint based upon the following: 1. Plaintiff, FACTORY FINANCING, is a Pennsylvania business trust with a principal place of business at 701 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, SANDRA J. DAVENPORT, is an adult individual who resides at 105 W. Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about March 2, 2007, Plaintiff issued a personal loan to Defendant, who was then an employee, in the amount of $7,000.00 based upon her agreement to pay that $7,000.00 from the proceeds of the sale of her trailer. 4. Based upon Defendant's representations that the amount would be paid, Plaintiff did not require her to post any additional security nor put a lien on the trailer. 5. Some time in April, 2007, Defendant sold the trailer but, despite her promise to the contrary, failed or refused to repay Plaintiff in the amount of $7,000.00 for the personal loan from the proceeds received from the sale of the trailer. 6. Plaintiff made several contacts with Defendant requesting full payment and ultimately Defendant made an initial payment on April 10, 2007 of $2,500.00, another payment on or about April 16, 2007, in the amount of $300.00, and a third payment on or about May 10, 2007 in the amount of $200.00 leaving a balance due of $4,000.00. 7. Despite repeated demands by Plaintiff, Defendant has failed or refused to pay the remaining balance in full. 8. Defendant breached the agreement with Plaintiff by her failure to pay the personal loan from the proceeds of the sale of the trailer. 9. As a result of the breach, Plaintiff has been damaged in the initial amount of $7,000.00 which now has been reduced to a total of $4,000.00. 10. Defendant had a duty to pay the personal loan of $7,000.00 in full at the time the trailer was sold since that was the sole and only reason why Plaintiff made a personal loan to her initially in the amount of $7,000.00. 11. Plaintiff at no time agreed to accept periodic payments for the outstanding balance; rather it expected payment in full based upon the promises of Defendant to make payment in full at or around the time that the trailer was sold which occurred in April, 2007. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendant in the amount of $4,000.00 plus interest plus costs of suit. This is amount is within the jurisdictional limitations for compulsory arbitration. Respectfully submitted, MICHAEL L. BANGS (I. 412 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 2 VERIFICATION DONALD B. LEGGETT, being duly sworn according to law, deposes and says that he is the President of Factory Financing, a Pennsylvania business trust, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. FACTORY FINANCING BY: DONALD B. LEGGETT President ~ b (~ ~~--~- N ~ O `O Gv ~ ~` , ~ V ~ ~ ~`~ ~ ~~ s ~ m r ! !v ~` _ -r, r, ,~ /1~ ~ /~ i r ,7 Z ~; ~~ r ~i iX ~i '"i SHERIFF'S RETURN - REGULAR CASE NO: 2007-03446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FACTORY FINANCING VS DAVENPORT SANDRA J STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVENPORT SANDRA J the DEFENDANT at 1000:00 HOURS, on the 14th day of June 2007 at 105 W PORTLAND STREET MECHANICSBURG, PA 17055-8000 ANTHONY DAVENPORT, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.0 0 ,,. -~ a,~;t /,/, 10.5 6 '~ ~ ply:.:-~...~~ ,,r s~ 10.00 R. Thomas Kline G,aS~67 9,, ~/ 38.97 Sworn and Subscibed to before me this day 06/15/2007 MICHAEL BANGS By: Deputy Sheriff of A.D. ,. MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. N0.41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717)730-7310 FACTORY FINANCING, INC., ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION SANDRA J. DAVENPORT, ) Defendant ) N0.2007-3446 CIVIL TERM TO: SANDRA L. DAVENPORT 105 W. Portland Street Mechanicsburg, PA 17055 DATE OF NOTICE: August 9, 2007 IMPORTANT NOTICE Required by Rule 237.1(a)(2) 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 I HAEL L. BANGS Attorney for Plaintiff r : ~ ~~ -~ ;-:z { :'; '' ..'.. ~: ~"~-3 ~J :r :.. t _ '.. .t ._ {yak *.;~t fis + ~ .~ MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18`}' Street Camp Hill, PA 17011 (717) 730-7310 FACTORY FINANCING, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) N0.2007-3446 CIVIL TERM SANDRA J. DAVENPORT, ) Defendant ) CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Please mark the above-referenced matter settled and discontinued. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff (/ 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: August 23, 2007 ~~ ~~ ~~ F~;? 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