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Home My WebLink About07-6155 PHILIPS CURTIN & DI GIACOMO BY: PHILIP G. CURTIN, ESQUIRE IDENTIFICATION NO. 52324 ATTORNEY FOR PLAINTIFF 1231 LANCASTER AVENUE BERWYN, PENNSYLVANIA 19312-1244 (610) 407-9500 HOMEVEST CAPITAL, LLC 6701 CARMEL ROAD, SUITE 110 CHARLOTTE, NC 28226 vs. SEAN ZEIDERS INDIVIDUALLY AND T/A ZEIDERELLI' S PIZZA 402 MARKET STREET LEMOYNE, PA 17043 COMPLAINT IN 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 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 of 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 "AV I SO" "Le han demandado a usted en Is corte. Si usted quiere defenderse de estas demandas expuestas en las p3ginas siguientes, usted tiene veinte (20) dies, de plazo al partir de Is fecha de Is demands y Is notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a Is corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, Is corte tomara medidas y puede continuar Is demanda en contra suya sin previo aviso o notificacion. Ademas, Is corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pars usted" "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELLFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." CUMBERLAND COUNTY COURT OF COMMON PLEAS DIVISION TERM, No. 67- (0155 OMIT' 32 S. BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 1. Plaintiff HOMEVEST CAPITAL, LLC., is a National Banking Association organized under the laws of Pennsylvania with a business address of 6701 CARMEL ROAD, SUITE 110, CHARLOTTE, NC 28226. 2. Defendant Sean Zeiders individually and trading as Zeiderelli's Pizza is an in adult individual with a business at 402 Market Street, Lemoyne, PA 17043. 3. The transactions and occurrences out of which this cause of action arose took place in Cumberland County, PA. 4. On December 14, 2004 Defendant Sean Zeiders individually and trading as Zeiderelli's Pizza executed and delivered a Small Business Credit Express Application to Bank of America.. A copy of the Credit Express Application with Loan and Security Agreement is attached hereto, made a part hereof and marked Exhibit "A". 5. HOMEVEST CAPITAL, LLC. became the owner and holder the aforesaid Loan and Security Agreement through a duly executed Allonge dated January 3, 2007 from Bank of America, a copy of which is attached hereto, made a part hereof and marked Exhibit "B". 6. Default occurred when the Defendant Sean Zeiders individually and trading as Zeiderelli's Pizza failed to pay the monthly installments on the principal sum borrowed whereby the entire sum is in default and immediately due and payable. 7. As a consequence of the foregoing, Defendant Sean Zeiders individually and trading as Zeiderelli's Pizza, is liable to Plaintiff as follows: Principal Balance and Interest due and unpaid from March 28, 2006 through September 7, 2007: $ 24,428.85 Reasonable Attorneys fees allowed: $ 1,200.00 TOTAL AMOUNT DUE $ 25,628.85 8. Despite frequent demands, Defendant has failed and neglected to pay the amount due and owing or any part thereof and said sums remain justly due and owing Plaintiff. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant with written verification hereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment be entered in its favor and against Defendant, in the sum of $25,628.85 pursuant to the Loan and Security Agreement with Personal Guaranty in the attached instrument, together with interest from the date of judgment, attorney fees and costs. PHILIPS, CURTIN & DiGIACOMO By: PHILIP CURTIN, ESQUIRE Attorney for Plaintiff -2- VERIFICATION PHILIP G. CURTIN, ESQUIRE, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that the Exhibits attached to the Complaint are true and correct copies of the originals. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. V PHILIP G. CURTIN, ESQUIRE DATE: I U BankofAmedca 0 Fleet To: Louise H. Thorson Date: From. Sean Zeiders '049140 No. Pages. 1 RE: Small Business Credit Express- Application TRI=23WW B2SQBWM 11007 dere . SMaA L usawree wrwr EXORM ZekW*iu Pima a SL" 402 Mirket Exp ress App I.f'eyne A&17043-1633 . s b? '-lqM prmamaw J?tr? u ?1nFr? p k*%M rasr (7pM(} p hanaNY v Caossra, w raa rev S.mriw. rrw Pgratr*y m)w V&rAW Mrs LIE j?J71t I??IL 4.11 ? I`JI I ?1 ! I 1?1?1 I ? ? WO MUM VW.9it.e ONOW a Pm Epw Owds UE (mr saw var. 111-4 , I b Ah ?A9 ( , --- easinasDSS(rsaf Fae E+rrAdsw kPesW! eukws b,p,es Araer7e. m... Dma tia.D?wir er/n (etw/m Go" W4rs 6Bww awaaa 77 q earws tom Moaw (w rMt U. *M) am of MrAw ?low"swam low w w WAN"" ` , uw r)uc sofaF , . „{ " awwrrm*ONO O Cap..eaa h .? O wa wvwM O eer i (pMw.tMaN) Dp 1a. K pourasrpaA Ow N' asa4ae tars fw pw )wf .jYjb ova f /saaunG FAX 1.877.788.7828 Fax your completed application to the number above, or mail it back in the enclosed envelope. PWMG prwge "-sc street eddrea balm t? A. U is o,.re roar aM Nk srs pr VA A-0 11b W ma wNa m we mar IN raaae (prpr d" a* Oar. Am 1 vw-ft D(piw _ ('? 7--1 O Dear (AwS ..ris, M ..Nwlw a e Domain Of*"wc(.s..r4WtoI.,wMe«WzV inn.m.rwawr.N@fftArOOWMVnWa<aew«ro+.?ec s?.w.rmaw?Nmrraeus.aaxor?arkx.waeawnararaarko?.lra.fmwwr* r l l (,I?) 1 4 11 a••YUa.w..rEre s.rrs f ..m.p.? ?rq y rd Mo r OMra wmANraaaC.4 eW eml A aw irmwe MPt m nA s?rw.I wp yre M paranrry eaMa p a 1aKAwa hraarmsr' r)n. at wra Ow Oro AN)"INSOMWO 0%. Quo G%&w1 ersnnrr seer IN Fula" r sa hran(JB r? /.a.f ' : ?. ?Yl•? '"i ^' ' 'raver ear ararp. ors rroar m www armwaa sy.me ara . ? ?1 ? -?jF^ ?... G„ / + AM . W w w.0 r wr S anr.aa r ave. W apW9 rs"Atd A&UNt Isla of M haws S Olw as Gar-W" Dow R aurioirq eyassw al Appfns iqt elMAwMsE fl'stK(e K I - Dsm DUMP % ""I a NO(O (me COW W.wm 0CM" d eia iswa Sass faslnw COMA 0~ Lbw. RA a PNW "Mwft (Pau PMprAr NwAt M K bw Mol ap r asre raw Ns. t. s+aagpe/ Y ek WU WW as ap WpklbW r+.aa.rrPra - 'twas IN Pm DaMlrmrlar •;;--Cnew%avers .. IGwWa seas oastswrr tef ar nq em'. a I ti !rr .•, •r Lp f t `?:•i. ?f aalRACO"p AareKlaar. iCrwrY krarae .. ..•...•:.7rarl.Mp ?paaMtAmare/ .. ... Mara KYarr Q pWrA [.,`,iJ` EXHIBIT 11KY Ddiarl lb.e / rr eve So" S-ft P MW gwwl hrrr araM M,M*aU$~ 9k. Ora The persa is) Sigf" on the feat skis for the credit applicant ('AP~'1. 4entified h this credit sppbcftw (tie 'APPrication') calMes that he/She has Vat shy APPliaht5 txedk "mL the initial kteest rate aid the msrfn to be added to the index value W determine periodic rare ?. This Line of fus auttiority to act on beheN of Applicant and that all Infomwtbn In the Application is true and correct In ate respects. fleet National Bank ('Bank'k Credit Agreement wM speoify other terns and eondwota that govern In bw of creak. BY SIGNNG THE APPLICAIM APPLICANT AGREES TO BE BOUND a Be* of America Compartt R9 Writs. sucpssors. sfflfiat rs and asslgnsaa BY THE TERMS Of THE LINE OF CREDIT AGREE? AFNT AND APPROVAL LETTER. (1) ere &Ahodzed to werfy arty information provided M connection with the NO FURTHER SIGNATURE IS REQUIRED. Use of the line of credit confirms Application. (n) may obtain credit reports, including consumer credit reports on in cofuecUon witii the Application and also in the future kn t G ApplkentY acceptance Of the tame. The lust owner of principal listed on the Applcation will be the euMrorized o, any uefan comsat on wM periodic reviuvsa, updates, r e"Is, egention9 and collection acNwlty for any credit granted as a'MR Of the Application, or any oe er credit fepms~we (•Auf wusd Representative') for the account and wA siAomatice* recent Express Checks aid a Small Busktess Credit Express requested by of granted to Appk NK by Bank and mat use the ApPICMice and credit repot iniomnstion to consider Apploosat for addkdonal products Bank Vise Cad V the Appiicedoru Is approved. The Atiorized RepieserdOw may toll to add err additional Authorized Reproaetathelardi7oMe editor believes appropriate for Apppant, and (ill) at Appille-'s or any GUenintof a request, will advise the mWagang parry whether a Credit report was obtained the accaatt is opated. Applicant may appoint a now Atthotted PAW00e0s or revolve the sutitorky of an exktkg AWwritad Representative by written and, if so, the name and address of the reporting agency wtdch provided It and (M5 may provide information aboutsny CrOW granted hereunder fo a credit node to Bank that Bank may hey on a focsanxe of the Application and on Appk wtt agrees reporting agency Applicant agrees that Barge may obtain Ma inaohnatlon from any otter signed W-mews raosived by Bank by facsimile transmission or share credit information with its agents, oftlialas and assignees regsM'ing the Gueartor(s) or Applicant's owrar(s) in considering the AppliaUwt. Appian relating to the credit granted pursuant te the APPAgaUon. Such facsimile or any copy of such feaimlle alas be binding on Applicant and shall for Fill purposes agrees that if Banat elaM to include the credit requested in the Application in Bank's SBA (US. Smell Business Administration) Loan Program, Bank may Submit be considered original doewrientiL ft providing his/her eflrY address on the Application, Applicant agrees tat on SBA loan application on behal of Applow using to Yformeow contained in the Application and other wimation Sutisewently obtained from Applicant- Bank may eom munfol to with Applicant by Ofrm regarding the Application WO information sbolt Bank products. servlCss and special ON". The w"Mil if appra,ed. Applicant will want an ePproval fakeer. Vie Small Business address vA8 be kept confidential, snd Appian 40111 cave tie opporturly for opt Credit Express" Agreement (tiro 'Line of Credit Agrearirrt'), a Small Business out of rawM % luMW e+rails at any time. Credit Express Visas Card and Express 0-M tom Bank. Tina approval latter In consideration of Fieat National Bank. a Bank of America Compsry, Of any alffilm thereof (coiiMFroN. 'Bank') extending credit to APPUcant. V* Guarerfpr waives all rights of satol . or subrogation "the aMbialom snak have been paid in fur. Guarantor agrees to pay the 0090 and ' person(s) signing on the hat as Guarantor(s) I* ft and Swis illy and uneonditkrrlly guarantees to Bank and its successors and assit na. fees) of Bank in erdwo g this GurartY. expenses (mu ludkng stto Ms Guarantor Santa Bank the dgM of 9" for all n alibi lrd and Unnnsbaad payient and performance of 04 preset and future Obligations- IWbilRks and undwuklga of Applicant to Bank of every kind ('Odigatlora'y Obligitiore aged at all deposits and property of Guarantor now or hereafter in the possession or control of Banc or its affiliates wthon regard to the ' Gusranteit liability, hereunder alert be km odlefe and unlimited in amount, s sdequacy of collateral. This Guaranty shall be bW tg upon Guarantor This Guaranty shall operate as a continuing and absolute guatsnfy until five business days atttf actual receipt by Bank of Witten notice Of rawation by successors and &SsWw. TTas Guaranty may be modified qty by a written sgreema t Signed by Bank INS GUARANTY IS GOVERNED BY FEDERAL LAW cerofrd ma(I, return receipt requested sent to Bonk at 1025 Main Street. Waltham, MA 02451 (wNCh retie shall not sffeu ant MAfa536-01-02 AND THE LAWS Of Ri = ISLAND. HOWEVER. IF PERM M BY THE LAAN OF THE STATE WHERE THE AUTHORIZATION AGREEMENT IS SIGNED. , obligation of Guaramor dWstwg at or prior to rte passage of the five msnte of ndtke demand ir n ' h GUARANTOR WANES TRIAL BY JURY AND WANES ANY RIGHT TO NOTICE OR HEARING BEFORE BANK SEEKS A PREJUDGMENT REMEDY. GUARANTOR , , requ e es a wa business days). Guarantor presentment or protest, all War daft ses that may be VA"Ie to a surety ACKNOWLEDGES THIS IS A COMMERCIAL TRANSACTION AND NOT A and any right Guarantor may have to rowne Bank fist to proceed against Applicant or any other person Of en". of fist to resit on any Security held CONSUMER TRANSACTION. Guarantor agrees that Banat may rely on a !n9r This Guaranty is to ended to take effect as an bw am* before oroceedkrt vg~ Guarantor hereunder instrument ? EX HI3IT °q' IMPORTANT IN"wnON ABOUT PROCEDINCS MR OPENING What this meafe for you: When you open a ousehaw aawrn. we - A NEW BUSINESS ACCOUNT ask for the ramie. address and other information vial will allow us to kbntify To help the government Wit the funding of lerrafsm and moray the business. To very this kdorrration. we may obtain reports nom third Widering activities, Federal var end record information low at WemNfas each business customer opening organization dowmenls for V" buskness. We they also ask to on an account. NOTE DATED: December 2I, 2004 AMOUNT: $25,000.00 ALLONGE PAY TO THE ORDER OF HOMEVEST CAPITAL LLC WITHOUT RECOURSE BANK OF AMERICA BY: to?a! Name: PRISCILLA T. BLAKE Title: ATTORNEY-IN-FACT ACCOUNT M 30683350 NAME: ZEIDERELLI'S PIZZA STATE OF Nortk Carolina COUNTY OF Mecklenburg The tmdenigned, SAUNDRA T. EVANS a notary public in and for the above-said County and State, does hereby acknowledge that on the day and year act forth below, personally appeared, Priscilla T. Blake, Attorney-lit-Fact for Bank of America duly sworn by and personally known to the undersigned to be the person who executed the foregoing insuument on behalf of said principal, acknowledged to the undersigned that he voluntarily executed the same for the purposes therein stated as the free act and deed of said principal WITNESS my band and official seal madd hburgcoountN Commbsion Espires April Notary Public the State of Notch Carolim NOTARY PUBLIC SAUNpRA T EVAJ20009 Saundra T. Evans My commission Expires: A-13-2009 EXHIBIT "By? rv Q :: yl c _. r . __ PHILIPS, CURTIN & DIGIACOMO BY: PHILIP G. CURTIN IDENTIFICATION ESQUIRE 1231 LANCASTER AVENUE BERWYN, PA 19312-1244 TELEPHONE NO: (610) 407-9700 HOMEVEST CAPITAL, 6701 CARMEL ROAD LLC CHARLOTTE, SUITE 110 NC 28226 vs. SEAN ZEIDERS INDIVIDUALLY AND T ZEIDERELLI'S PIZZA /A 402 MARKET STREET LEMOYNE, PA 17043 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS • NO. 2007-0615 PRAECIPE TO 5 REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint i captioned matter. in connection with the above Respectfully submitted, BY: PHIL P G. CURTIN, Attorney for PlaintifflRE DATED : &q O cr.7 -t r5 O W Cn o ? _ =i SHERIFF'S RETURN - REGULAR CASE NO: 2007-06155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEVEST CAPITAL LLC VS ZEIDERS SEAN ET AL ROBERT BITNER says, the within COMPLAINT & NOTICE ZEIDERS SEAN T/A ZEIDERELLI'S PIZZA Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon the DEFENDANT , at 1825:00 HOURS, on the 26th day of October , 2007 at 402 MARKET STREET LEMOYNE, PA 17043 CHRISTOPHER WARREN Sheriff or Deputy Sheriff of by handing to CURRENT OWNER OF BUSINESS 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.-00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/30/2007 PHILIPS CURTIN DIGIACOMO By Deputy Sheriff A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06155 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOMEVEST CAPITAL LLC VS ZEIDERS SEAN ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT - b t s unable to locate Him in his bailiwick. r?rTT 'w T1TT r 1T/'1TT/'1 T.'u wa He therefore returns the the within named DEFENDANT 402 MARKET STREET LEMOYNE, PA 17043 DEFENDANT SOLD BUSINESS. HE IS BELIEVED TO BE LIVING IN MARYSVILLE. HIS CELL HONE NUMBER IS 957-2400. Sheriff's Costs: Docketing 18.00 Service 15.36 Not Found 5.00 Surcharge 10.00 Postage 58 i I/0.7/0 7 ?,. 48.94 So answers .. ---''` R. Thoma ...Kline Sheriff of Cumberland County PHILIPS CURTIN DIGIACOMO 10/30/2007 Sworn and Subscribed to before me this day of A. D. NOT FOUND , as to SHERIFF'S RETURN - OUT OF COUNTY CASE NOj: 20C-s7-06155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF' CUMBERLAND HOMEVEST CAPITAL LLC VS ZEIDERS SEAN ET AL 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: ZEIDERS SEAN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 14th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answ Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas 1ne Dep Perry County 52.25 Sheriff of Cumberland County Postage 1.38 90.63 V 12/14/2007 PHILIPS CURTIN DIGIACOMO Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 200,7-06155 P COMMONWNLTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOMEVEST CAPITAL LLC VS ZEIDERS SEAN ET AL 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 ZEIDERS SEAN T/A ZEIDERELLI'S PIZZA but was unable to locate Them deputized the sheriff of PERRY to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 14th , 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answ Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas K ne .00 Sheriff of Cumberland County .00 16 . 0 0 ti/?.z f a%7 ?, 12/14/2007 PHILIPS CURTIN DIGIACOMO Sworn and subscribe to before me this day of A. D. In The Cogrt of Common Pleas of Cumberland County, Pennsylvania Homevest Capital LLC Vs. Sean Zeiders et al SERVE: Sean Zeiders No. 07-6155 civil Now, December 7, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry 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, December 10, 20 07, at 6:25 o'clock PM. served the within Complaint upon Sean Zeiders at 104 VAlley St. Marysville, PA (Marysville Borough) 17053 by handing to Sean Zeiders, Defendant a True & Attested copy of the original Complaint and made known to him the contents thereof So answers, Aaron D. Richards Deputy Sheriff of Perry County, PA Sworn and subscribed before me this JL4A day of _L'?e 20v--)_ NOTARIAL SEAL MARGARET E FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Hot jevest Capital LLC VS. Sean Zeiders et al SERVE: Sean Zeiders t/a Zeiderelli's Pizza Sheriff of Cumberland County, PA Now, December 7, 2007 L SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, December 1.0 , 20 07 , at 6:25 o'clock P M. served the within Complaint upon at Sean Zeiders t/a Zeiderelli's Pizza 104 Valley St. Marysville, PA (Marysville Borough) 17053 by handing to Sean Zeiders, owner a True & Attested copy of the original Complaint and made known to him Deputy Sworn and subscribed before me this 11M day of20_7 Gtit ?' NOTARIAL SEAL MARGARET F FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2008 the contents thereof. So answers, Aaron D. Richards Sheriff of Perry County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ No. 07-6155 civil r FARLESIC lienks112896\ 12896.1. ans/mah Created: 11105101 09:49:53 AM Revised: 01/16/08 02:10:06 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs HOMEVEST CAPITAL, LLC Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 6155 SEAN ZEIDERS, individually and t/a ZEIDERELLI'S PIZZA, Defendant ANSWER AND NOW, comes the Defendant, Sean Zeiders, individually and t/a Zeiderelli's Pizza, by and his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and answers the Plaintiff's Complaint as follows: 1 • Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth the averment and the same is therefore denied. Strict proof is demanded at trial. 2. Admitted in part and denied in part. It is admitted that Sean Zeiders is an adult individual. However, it is denied that he operates a business at 402 Market Street, Lemoyne, Pennsylvania, and currently trades as Zeiderelli's Pizza. 3. Admitted. 4. Denied. The document speaks for itself. 5. Denied. Defendant is without knowledge or information sufficient to f as to the truth the averment and the same is therefore denied. Strict proof is demanded at trial. By way of further response, it is denied as the document speaks for itself. y 6. Admitted in part and denied in part. It is admitted that Plaintiffhas claimed the entire sum in default and that some payments were not made. However, it is denied as to the remainin portions of this allegation as no date has been provided when the monthl g as Defendant attempted to make payments payments but the same were not accepted. 7. Denied as a conclusion of law. 8. Denied. Defendant has attempted to make payments, but the same were refused. 9. Denied as a conclusion of law. By way of further response, Defendant requests in writing, verification of the amount owed as the debt is being contested. WHEREFORE, Defendant demands that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. MARTSON LAW OFFICES By Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 Date: (717) 243-3341 Attorneys for Plaintiff VERIFICATION Christopher E. Rice, Esquire, ofthe firm ofMARTSON DEARDORFF WILLIAMS GILROY & FALLER, attorneys for Defendant in the within action, certifi OTTO es that the statements in the foregoing Answer are true and correct to the best of his knowledge, information and made belief. tion He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec 4904 relating to unsworn falsification to authorities. Section CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Philip G. Curtin, Esquire PHILIPS, CURTIN & DiGIACOMO 1231 Lancaster Avenue Berwyn, PA 19312-1244 MARTSON LAW OFFICES By M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 01?/Coe c=z? =rz 1P PHILIPS, CURTIN & DIGIACOMO BY: PHILIP G. CURTIN, ESQUIRE IDENTIFICATION NO.: 52324 1231 LANCASTER AVENUE BERWYN, PA 19312-1244 TELEPHONE NO: (610) 407-9700 Attorney for Plaintiff HOMEVEST CAPITAL, LLC 6701 CARMEL ROAD, SUITE 110 CHARLOTTE, NC 28226 CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. SEAN ZEIDERS INDIVIDUALLY AND T/A ZEIDERELLI'S PIZZA 402 MARKET STREET LEMOYNE, PA 17043 NO. 2007-06155 STIPULATION FOR CONSENT JUDGMENT AND RE-PAYMENT AGREEMENT Plaintiff Homevest Captial, LLC ("Plaintiff') and Defendant Sean Zeiders Individually and t/a Zeiderelli's Pizza ("Defendant") hereby enter into this Stipulation for Consent Judgment and Re-Payment Agreement ("Stipulation") on the terms and conditions set forth below: 1. Plaintiff instituted suit against the Defendant on October 19, 2007 seeking a money Judgment in favor of Plaintiff and against the Defendant. 2. Defendant agreed and has made an initial payment of $2,000.00 on September 30, 2008. He is to snake subsequent monthly payments of $350.00 commencing on November 1, 2008 for twenty (24) months and a final payment of $4,000.00 3. All monthly payments must have Defendant's account no. 30683350 on it and shall be due on the first of each month but no later than the fifteenth of each month and made payable to UMLI/Homevest Capital LLC and sent directly to Plaintiffs address at P.O. Box 60771, Charlotte, NC 28260- 4. 44r , 0771. 4. Provided that the Defendant makes all installments due under this Stipulation when each becomes due, Plaintiff agrees to forbear from executing on its Judgment. 5. Should the Defendant fail to make any monthly installment under this Stipulation, or should any payment be dishonored or otherwise be uncollectible, then Plaintiff shall be free to pursue all rights to collect the total amount of this judgment, less any payments received by Plaintiff. 6. Plaintiff and the Defendant acknowledge that time is of the essence and this Stipulation represents the parties full and complete understanding. 7. Judgment is to be entered in favor of Plaintiff Homevest Capital, LLC and against Defendant Sean Zeiders Individually and t/a Zeiderelli's Pizza in the amount of $12,400.00 and satisfied by Plaintiff upon full payment. No interest shall accumulate on this judgment. P ILIPS, CUR IN & DiGIACOMO Date: By: PHILIP G. CURTIN, ESQUIRE Attorney for Plaintiff Homevest Capital, LLC 0'4?' S 1z ' By: Date: CHRISTOPHER E. RICE, ESQUIRE Attorney for Defendant Sean Zeiders Individually and t/a Zeiderelli's Pizza Daterz e SEA RS INDIVIDUALLY AND T/A ZEIDERELLI'S PIZZA Defendant -2- r? C?i PHILIPS, CURTIN & DIGIACOMO BY: PHILIP G. CURTIN, ESQUIRE IDENTIFICATION NO.: 52324 1231 LANCASTER AVENUE BERWYN, PA 19312-1244 TELEPHONE NO: (610) 407-9500 Aft?r HOMEVEST CAPITAL, LLC 6701 CARMEL ROAD, SUITE 110 CHARLOTTE, NC 28226 CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. SEAN ZEIDERS INDIVIDUALLY AND T/A ZEIDERELLI'S PIZZA 402 MARKET STREET LEMOYNE, PA 17043 NO. 2007-06155 PRAECIPE TO THE PROTHONOTARY: Please satisfy the Judgment entered in the above-captioned matter upon payment of your costs. PHILIPS, CURTIN & DiGIACOMO By. Date: PHILIP G. CURTIN, ESQUIRE Attorney for Plaintiff Homevest Capital, LLC 0?4 S q,-56pd a ea5530 P4,2-1 V 5YZ