HomeMy WebLinkAbout07-6632
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROSWELL PROPERTIES, L.L.C., LTD., CIVIL DIVISION
Plaintiff,
VS.
DAVID A. SEIFF and
KATHLEEN M. SEIFF,
Defendants.
No. D`j - joln3a Civil -Term
COMPLAINT IN BREACH OF
CONTRACT
Filed on Behalf of Plaintiff,
Roswell Properties, L.L.C., Ltd.,
Counsel of Record for This Party:
James McNally, Esquire
PA I.D. No. 78341
METZ LEWIS LLC
11 Stanwix Street, 18th Floor
Pittsburgh, Pennsylvania 15222
412-918-1100
Firm # 437
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROSWELL PROPERTIES, L.L.C., LTD., ) CIVIL DIVISION
Plaintiff, ))
VS. ) No.
DAVID A. SEIFF and )
KATHLEEN M. SEIFF, )
Defendants. )
NOTICE TO DEFEND
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 of 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
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(800) 900-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROSWELL PROPERTIES, L.L.C., LTD., )
Plaintiff, ))
vs. )
DAVID A. SEIFF and )
KATHLEEN M. SEIFF, )
Defendants. )
CIVIL DIVISION
No. 6 9 _ & 4, 3.7 . 6,10,j 1 I r
COMPLAINT IN BREACH OF CONTRACT
AND NOW COMES Roswell Properties L.L.C., Ltd., by and through its
attorneys, Metz Lewis LLC, files this Complaint in Breach of Contract and in support
thereof avers as follows:
1. Roswell Properties L.L.C., Ltd. ("Roswell"), is a limited liability company
with a place of business located at 100 North Center Street, Newton Falls, Ohio 44444.
2. David A. Seiff and Kathleen M. Seiff ("Defendants") are adult individuals
with a last known address of 31 Edgewood Drive, Mehanicsburg, Pennsylvania 17055.
3. On April 21, 2005, the Defendants executed and delivered to Fifth Third
Bank a Simple Interest Note and Security Agreement ("Note") in the original principal
amount of $14,576.78. A true and correct copy of the aforesaid Note is marked Exhibit
"A", attached hereto and made a part hereof.
4. As security for repayment of the Note, Defendants granted a security
interest to Fifth Third Bank in a certain 1999 Dodge Ram Truck, VIN #
3B7HF12ZXXG204748.
5. The Note was subsequently assigned and is currently held by Roswell as
assignee.
6. The Defendants are in default under the terms and conditions of the Note
for, among other reasons, failure to make payments in the proper amount when due in
accordance with the terms of the Note.
7. By letters dated July 25, 2007, Roswell notified Defendants of
Defendants' default under the terms of the Note and demanded payment in full for the
outstanding balance in connection therewith. A true and correct copy of the aforesaid
demand letters dated July 25, 2007 are collectively marked Exhibit "B", attached hereto
and made a part hereof.
8. Notwithstanding Roswell's demand for payment as set forth in the letters
dated July 25, 2007, the Defendants have failed or refused to pay.
9. The amount due Roswell by Defendants is computed as follows:
Principal $5,171.78
Interest (to 1/18/06) 3,709.66
TOTAL
$8,901.44
plus additional interest at the contractual rate of $1.47 per day, from October 16, 2007,
plus late charges, and attorney's fees and costs as permitted in accordance with the terms
of said Note.
10. Roswell has complied with all conditions precedent and is entitled to
payment in full on the outstanding balance due on the Note.
WHEREFORE, Plaintiff, Roswell Properties, L.L.C., Ltd., demands judgment in
breach of contract against Defendants, David A. Seiff and Kathleen M. Seiff, in the
amount of $8,901.44, plus interest in the amount of $1.47 per day from October 16, 2007,
plus late charges, and reasonable attorney's fees and costs.
By:
Respectfully submitted,
METZ LEWIS LLC
James McNally, IT,
PA I.D. No. 78341
11 Stanwix Street, 18"' loor
Pittsburgh, Pennsylv is 15222
412-918-1100
Attorneys for P)(ainti
PURSUANT TO 15 U.S.C. § 1692e(11), THIS IS AN A/TTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THAT PURPOSE.
SIMPLE INTEREST NOTE AND SECURITY AGREEMENT No. 000000000858128085
"$14,771.78 Lender or Borrower's City CINCINNATI Note Date or Current or value received, the un ersigned (hereinafter jointly and severally called the "Borrower") promisels) to pay to the order ao Aprif-21 2
- 005
FIFTH THIRD BANK (hereinafter called the "Lender"), the principal amount of
Fourteen Thousand Seven Hundre eventv One AND 78/100
(subject to change if variable rate note). The interest will begin on the date of therNote tand Security Agreement at the annuals ate ofe ow
10.200 %• [] The interest rate is subject to change as provided herein. Under no circumstances shall the interest rate be raised
above 25% in Ohio"(Variable Rate).
X? The interest rate is not subject to change.
Payable at the Lender, 5050 KINGSLEY DR CINCINNATI, OH 45263
Loan Fee: Borrower agrees to pay a non-refundable Loan fee of $ 195.00
TRUTH IN LENDING ACT DISCLOSURES
AIVIVUAL FINANCE CHARGE Amount Financed
PERCENTAGE RATE The doNer amount the credit The amount of credit provided Theaam of Payments
unt you wM have paid
The cost of your credit as a will cost you if you pay as to you or on your behalf. after you have made aN
yearly rate 10.878 % scheduled. $ 14,576.78 payments as scheduled.
$ 3,612.82 (el $ 18,189.60 1e)
Your meat schedule will be:
Number of PsymeMs Is) Amount of Payments When Payments Are Due
48 378.95 Monthly on the 18th eY o ac t hg June, 2005
computed based on an index equal to the highest Prmouatt or ime Rate as pub( shed irnigthe Wall StreetiJournal on the business day im ediately
preceding the first business day of January, April, July, and October (the "Index Date") plus or minus a margin equal to the difference
between your initial interest rate and said Prime Rate on the Index Date preceding the date of our loan. The effective date of each
interest rate change will be the first business day following the Index Date (the "Change Date ). The INTEREST RATE will change only if
there has been a change in the index in the quarter preceng a Change Date. The INTEREST RATE will not increase or decrease more
then 1.5% per year and will not increase or decrease more than 6% during the term of the loan. If your INTEREST RATE has reached one
of these limits it will not change again until the next Change Date following a change in the index artier you become eligible for an
increase or decrease. Any change in the INTEREST RATE will take the form of more or less payments of the same amount las the case
may be) unless this loan is for more than 60 months, in which case any increase may take the form of more ppayments of the same
amount, or higher payment amounts, or both, at the Lender's discretion. If your loan was for $5000.00 at 15% for 36 months with a
monthly payment of $173.33, and the INTEREST RATE increased to 16.5% after six months, you would have to make one additional
Iartialpa of $115.25. If your loan was for $
10,000.00 at 15% for120 months with a month)y
NTERESTmint RATE increased to 16.5% after 12 months, and if the Lender so determined, you would a ayour l of $161.33, and the
remaining 108 regular payments would increase to $169.96 each. y p Y Your loan on schedule, but your
Property insurance May be obtained from anyone you desire that is acceptable to the Lender.
Security: To secure the loan, you are giving Lender a security interest in your deposit accounts, all collateral securing other loans with
Lender and:
? The goods or property being purchased.
Pq 19 99 DODGE TRUCK RAM 1500 PICKUP-V8 3B7HF12ZXXG204748
113def description of other property)
NOTE: Collateral securing other loans with Lender may also secure this loan.
Late Charges: If a payment is more than 10 days late, you will be charged 10% of the payment amount with a minimum
of $35.00
Prepayment Charge: If you pay off this note early, you may have to pay a charge.
Assumption: If this loan is to purchase and is secured by Your principal dwelling, and if checked here,
13K someone buying your dwelling cannot assume the remainder of this purchase money mortgage loan
on the original terms
? someone buying your dwelling may, subject to conditions, be allowed to assume the remainder of
the mortgage on the original terms
Required Deposit: The Annual Percentage Rate does not reflect the effect of any required deposit.
This is a four page agreement. See other provisions hereof and any other contract documents for further information about non-payment,
default, the right to accelerate the maturity of the obligation, prepayment charge and security interests.
Is) means an estimate.
L.reart )ite insurance and credit disability insurance are not required to obtain credit.
Credit insurance is available from AMERICAN UNITED LIFE INSURANCE COMPANY
P.O. BOX 368 INDIANAPOLIS, IN 46206-0368
No credit insurance will be provided unless you sign below and the premium costs shown below are included in the Amount Financed and
paid. (See the Notice of Proposed Credit Insurance on page four).
Type
Joint Credit Life
Credit Disability
f PAGE 1 OF 4
Initials of Borrower(s) > S
Premium Signature
I I want cr1
$ insurance
We want credit life
insurance
EXHIBIT
Iname Insured)
name insure
OH NOTE (07/04)
, SorrowAr authorizes the payments listed below:
AMOUNT FINANCED
Itemization of the amount financed of $ 14,576.78
1.$ Amount given to you directly.
2.$ 13,720.08 Amount paid on your account with the Lender.
Account numbers:
734507056
3.$ 1,051.70 Amount(s) paid to others on your behalf (Total a through j). (Lender may be retaining a portion of this amount.)
a) $ 0.00 for Credit Life and/or Credit Disability Insurance.
b) $ 33.50 to Public Officials.
c) $ 0.00 for Title Examination (Paid To
d) $ 0.00 for Appraiser.
a) $ 0.00 for Document Preparation (Paid To Lender).
f) $ 0.00 for Single Interest Insurance.
g) $ 195.00 for Loan Fee (Paid To Lender).
h) S 823.20 to COMMONWEALTH OF PA
i) $ for Extended Warranty Protection (Paid To )
)) $ for Flood Certification (Paid To ' ,m. )
4.$ $195.00 Prepaid finance charge.
5.$ 14,576.78 Total amount financed (Total of 1 through 3 minus 4).
ornyw imeresi insurmwe: omgie interest insurance is required, but you may obtain it from anyone who is acceptable to the Lender. The cost for
the term is shown above in Item 3f. This contract does not include coverage for bodily injury and property damage caused to others, nor does it
protect your interest in the collateral from any loss or damage.
SECURITY AGREEMENT: To secure payment of this liability to Lender and the performance of any obligations you now or in the future have, you
give Lender a security interest in the property described as security above, any other property now or hereafter in Lender's possession, any rights
to the payment of money from Lender, the items of property defined on page three hereof, any credit insurance proceeds and refunds and the
following described property:
Year Trade Name Model No. or ame Body Type era No.
19 99 DODGE TRUCK RAM 1500 PICKUP-V8 3B7HF12ZXXG204748
"Other Property"
together with all replacements thereof and all attachments, accessories and equipment now or hereafter attached, added or affixed thereto (The
property securing this Note is hereinafter called "Collateral"). THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL PROVISIONS SET FORTH ON
PAGES THREE AND FOUR HEREOF, THE SAME BEING INCORPORATED HEREIN BY REFERENCE, AND IS ALSO SUBJECT TO THE TERMS AND
PROVISIONS SET FORTH IN THE BUYER'S RESIDUAL VALUE AGREEMENT, IF APPLICABLE, ATTACHED HERETO AND INCORPORATED BY
REFERENCE.
Any part of this Note and Security Agreement contrary to the laws of any state having jurisdiction with respect thereto shall be deemed null and
void and hereby is waived but shall not invalidate other parts of this Note and Security Agreement in said state.
The undersigned hereby severally waive presentment, demand for payment, protest, notice of protest and notice of nonpayment of this Note.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS NOTE
AND SECURITY AGREEMENT AND THE ABOVE INFORMATION AT THE TIME OF SIGNING
NOTICE TO COSIGNER
You are being asked to become liable on this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be
sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs,
which increase this amount.
The LENDER can collect this debt from you without first trying to collect from the borrower. The LENDER can use the same collection
methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default,
that fact may become a part of YOUR credit record.
(GIVE COMPLETE NAMES AND ADDRESSES)
KATHLEEN M. BUFF AND DAVID A. SEIFF
31 EDGEWOOD DR
MECHANICSBURG, PA 17055-0000
PAGE 2 OF 4
SIG ATURES (WRITE IN FULL AND IN INK)
KATHLEEN M. SEIF
DAV .SEIF
4
OH NOT1 (07/04)
.1. TIE CHARGES: If any monthly installment stipulated herein is not paid on or before ten days after the due date thereof, (whether by
. accek.:tion or otherwise) in addition to all other rights- and remedies of Lender given by law or the terms of this Note and Security Agreement,
Borrower promises to pay to Lender a delinquent charge of 10% of the payment amount with a minimum of $35.00 Acceptance of such
delinquent` charge by Lender shall not constitute a waiver of any default or any rights of Lender hereunder.
2. PREPAYMENT CHARGE: Borrower may prepay the obligation under this Note and Security Agreement in full at any time prior to maturity.
Borrower agrees to pay an early payment charge of 1 % of the outstanding principal balance with a minimum charge of $150.00 and a maximum
charge of $500.00 if Borrower prepays in full more than six months prior to the scheduled final payment date. If this obligation is secured by a
mortgage on residential real estate there is no minimum charge for prepayment and no charge for prepayment more than FIVE years from the date
of this Note. Partial prepayments shall not excuse any subsequent payment due.
3. INTEREST AFTER MATURITY: Interest after maturity shall continue at the rate then in effect or as thereafter adjusted in accordance with the
variable rate disclosures. In addition, after maturity, Borrower agrees to pay Lender a fixed charge of $25.00 or Borrower agrees that Lender may,
without notice, increase the interest rate by 6% per annum, whichever Is greater.
4. SECURITY: Borrower hereby assigns to Lender and agrees that Lender shall have a lien upon and security interest in any and all accounts,
balances, credits, deposits or other monies of or in the name of Borrower or another or others now or hereafter with Lender.
5. RETURNED CHECK FEE: A fee of $35.00 may, at Lender's discretion, be imposed whenever a check offered in payment on this Note is returned
to the Lender unpaid for any reason. This fee is subject to change without notice to the Borrower, and the Borrower agrees to pay the fee actually
Shagged bx Lender at the ttime t e pheck 's ret ned,
rro e? agrees that if Len ter is sued or olt erwise directed to respond to any civil, criminal or administrative demand relating to the loan
evidenced hereby (including but not limited to, the amount due, any collateral, or the underlying transaction) Borrower will pay Lender, upon request,
an administrative fee of $28 per hour and $.25 per copy to comply with such demand. Borrower also agrees that any amount not paid within fifteen
days of Lender's request may be added to the principal amount of the remaining indebtedness subject to the rate of interest on the Note until paid.
7. Borrower warrants that Borrower has, or, if this creates a purchase money security interest, will acquire, an unencumbered title to, and the
possession of the Collateral, and agrees to keep the Collateral free of all other liens whatsoever, and the Borrower will not sell, otherwise dispose of,
R ncumber, or give any other security interest in Collateral without the rior written consent of Lender.
. Borrower warrants and agrees that if the Collateral is, or will be affixed to realty, Borrower will, upon demand, furnish Lender with a disclaimer,
signed by all persons having an interest in the real estate of any interest in the Collateral.
9. Borrower has executed a mortgage granting Lender a lien in the Collateral if the Collateral is real property.
10. Borrower agrees that:
a. Borrower will be responsible for any loss of, or damage to, the Collateral and will maintain and keep the same in good repair and condition, in
default of which Lender may, at its option, maintain and repair the Collateral and add the cost thereof to the obligation secured. Borrower will
promptly upon demand, reimburse Lender of the cost of any such maintenance or repairs.
b. Borrower will not, without the prior written consent of Lender, move the Collateral from the county in which it is to be located, and will
promptly notify Lender of any change in Borrower's residence or any of the Borrower's places of business.
c. Borrower will buy property insurance on the Collateral protecting against loss or physical damage and subject to a maximum deductible of
$500.00, or as Lender shall otherwise require. Borrower will name Lender as loss payee on any such policy. In the event of loss or damage to
the Collateral, Lender may require additional security or assurances of payment before allowing insurance proceeds to be used to repair or
replace the Collateral. Borrower agrees that if the insurance proceeds do not cover the amounts still owed on the Note and Security
Agreement, Borrower will pay the difference. Borrower may purchase or provide the insurance through any insurance company reasonably
acceptable to the Lender. Borrower will keep the insurance in full force and effect until the amounts due on this Note and Security Agreement
are paid in full. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Borrower grants Lender power of
attorney to make, adjust and settle claims and to endorse drafts and collect proceeds under this insurance.
d. Unless Borrower provides Lender with evidence of the insurance coverage required by Borrower's agreement with Lender, Lender may purchase
insurance at Borrower's expense to protect Lender's interests in the Collateral. This insurance may, but need not, protect Borrower's interests.
The coverage that Lender purchases may not pay any claim that Borrower makes or any claim that is made against Borrower in connection
with the Collateral. Borrower may later cancel any insurance purchased by Lender, but only after providing Lender with evidence that Borrower
has obtained insurance as required by Borrower's agreement with Lender. If Lender purchases insurance for the Collateral, Borrower will be
responsible for the costs of that insurance, including interest and any other charges Lender may impose in connection with the placement of
the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance may be added to Borrower's
total outstanding balance or obligation. The costs of the insurance may be more than the cost of insurance Borrower may be able to obtain on
Borrower' own. Borrower's payment may be increased to provide for payment of the costs of insurance plus interest thereon.
11. OTHER SE URITY: Borrower agrees that any present or future agreement, securing any other debt Borrower owes Lender, will also secure the
payment of this Note and Security Agreement. However, an agreement securing any other debt will not secure this Note and Security Agreement if
either of the following applies:
a. Lender fails to make a disclosure required by law of the existence of such security agreement, or
b. Lender fails to provide (to any person entitled) any notice of right of rescission required by law for this transaction.
12. DEFAULTS: Upon the occurrence of any of the following described events, each of which will constitute a default, Lender shall have all rights
and remedies provided by law, and without limiting the generality of the foregoing, shall include the election to accelerate without notice or demand
the final maturity of all of the obligations secured:
a. The nonpayment, when the same shall be due, of any installment or other payment on account of the principal or interest of this Note;
b. The breach of any warranty or agreement by Borrower herein contained, or contained in any mortgage or security agreement executed by
Borrower in connection herewith;
c. The death or incompetency of any individual Borrower, or, if Borrower is a partnership, of a partner;
d. The default of Borrower under the terms of any lease of, or mortgage on, the premises upon which the Collateral may be located;
e. Any assignment for the benefit of the creditors or the commencement of any bankruptcy, receivership, reorganization, foreclosure, insolvency
or liquidation proceedings by or against the Borrower, or if Borrower is a partnership, by an agreement as partner;
f. The reasonable determination by Lender at any time that it is inadequately secured hereby with respect to the obligation; or
g. The creation of any other lien or the issuance of any attachment against the Collateral or the entry of judgment against Borrower;
h. The occurrence of a default under any other obligation of Borrower, individually or jointly, to Lender;
INITHEeEVEIJT OF DEFAULT eBORROWERnAGREES THAT?LENDER pMAY, WITHOUT NOTICE, INCREASE THE INTEREST RATE BY 6% PER ANNUM.
Additionally, in the event of a default, Borrower agrees on demand to deliver Collateral to Lender, and Lender may, without notice or demand and
without legal process, enter upon the premises of Borrower and take possession of the Collateral on said premises or wherever found. Further,
Borrower agrees to pay and remains liable to Lender for any costs of disposition of the Collateral as well as for reasonable attorneys' fees, court
costs and any and every deficiency after the proceeds from the sale of the Collateral are applied as provided by the Uniform Commercial Code as
enacted in the state governing this instrument. y g g r j1 F? ?g y
114. As usedQherein, orrowerP4 i Zhtere paCmore than one, BhhelI mean?alI tllelBOrrowerseand each orany or them anginnSuc?fcase they are jointly
and severally bound hereby.
15. A photographic or other reproduction of this Note and Security Agreement or a financing statement is sufficient as a financing statement. the 16. In no
This Note and Se urity Agreemrate ent,uthe amo nts contracted ed for and theinterest ito be charged shallb be governed federal
and construed and
interpreted in accordance with, the laws of the State of Ohio, without regard to its conflict of law principles, and applicable federal laws and
regulations, and the obligations, rights and remedies of the parties shall be determined in accordance with such laws.
Page 3 of 4 OH NOT2 (07/03) Initials of Borrower(a) SS
. NOTICE OF PROPOSED CREDIT INSURANCE-OHIO RESIDENTS
This notice applies only If Borrower(s) chose to obtain group credit life or group credit disability insurance. The type of insurance, the premium
and the name and address of the insurance company we indicated on the first page of this Note and Security agreement. This insurance,
subject to acceptance by the insurer, covers only the person(s) who signed the request for insurance. Only the named Insured will be covered
under credit disability insurance. The term of insurance will commence on the date the indebtedness is incurred and will expire on the original
maturity date of this Note, unless terminated swiler as provided for in the Certificate of Insurance. Credit life insurance insures the scheduled
unpaid balance on the date of death. Credit disability insurancw-l tomes each regular instalknent payment while the Insured is disabled. Credit
disability insurance monthly coverage Is limited to the originally scheduled monthly payment or the policy limitation. If the Insurance is
accepted by the insurer, a Certificate of Insurance which describes the insurance coverage Borrower(s) have obtained will be delivered to
Borrower(s) within 30 days. In the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund
of an amount paid by the Borrower(s) for insurance shell be credited promptly to the Borrower(s) account Borrower(s) must refer to the
Certificate of Insurance for the complete terms and conditions of Borrowerls) Insurance.
The following notice is applicable if this agreement involves a purchase of goods or services to which the FTC
HOLDER in DUE COURSE RULE applies.
IF THE COLLATERAL IS TO BE USED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Credit Reporting:
If you believe information we report about the credit history on your account(s) is incomplete, inaccurate or
outdated, you must provide us with clear written documentation including the name on the account, the account
number and the nature of the disputed information. Please write to us at FIFTH THIRD BANK
38 Fountain Square Plaza, Post Office Box 639090, Cincinnati, OH 45263-9090.
Page 4 of 4
Initials of Borrower(s) )l?s
OH NOT3 (07/03)
ALLONGE
Reference is made to the Simple Interest Note and Security Agreement dated
April 21, 2005 from Kathleen M. Seiff and David A. Seiff to Fifth Third Bank, in the
original principal amount of $14,576.78. It is intended that this Allonge be attached to
the Simple Interest Note and Security Agreement.
Pay to the order of ROSWELL PROPERTIES, L.L.C., LTD., an Ohio limited
liability company without representation, warranty or recourse of any kind.
Dated: August -j , 2006
FIFTH THIRD BANK
BY:
M. B. McCoy
ITS: Vice President
File Name: Kathleen M. Seiff
Our File No. OL121999
CA01-12 Fifth ThirM longe-Main-Roswell.doc
Roswell Properties L.L.C., Ltd.
100 North Center Street
Newton Falls, OH 44444
888-462-2353 (888-GOCADLE)
330-872-0918
FAX: 330-872-5367
July 25, 2007
Ms. Kathleen M. Seiff
31 Edgewood Drive
Mechanicsburg, PA 17055
RE: Simple Interest Note and Security Agreement
Originally Dated: 04/21/2005
Original Principal Amount: $14,771.78
Maker(s): Kathleen M. Seiff, David A. Seiff
Original Payee: Fifth Third Bank
Our File No. OL121999
Dear Ms. Seiff:
As you know, Roswell Properties L.L.C., Ltd. is the current owner of the above-referenced debt. You
are hereby advised that your debt is in DEFAULT, and that Roswell Properties L.L.C., Ltd. hereby DEMANDS
that you IMMEDIATELY pay the outstanding amounts of the debt in full.
Roswell Properties L.L.C., Ltd. hereby makes DEMAND upon you for payment in full of all unpaid
amounts through July 25, 2007, of $8,782.75, which includes the principal balance of $5,171.78, accrued
interest due through July 25, 2007 of $3,590.97 and late fees of $20.00, due IMMEDIATELY. Interest accrues
thereafter at $1.47 per day. Because of interest, late charges and other charges that may vary from day to day,
the amount due on the day you pay may be greater. If you pay the amount shown above, an adjustment may be
necessary after we receive your check, in which event we will inform you before depositing the check for
collection. For further information, write the undersigned or call 1-888462-2353, Ext. 3352.
If the total amount due is not paid in full as indicated above, Roswell Properties L.L.C., Ltd. may
pursue its legal remedies, which may include the filing of a lawsuit against you for the total amount due, plus
court costs and attorney fees, if allowed by law in your state.
IN ACCORDANCE WITH 15 U.S.C. 1692e(11), PLEASE BE ADVISED THAT THE PURPOSE OF
THIS LETTER IS TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE.
If you have any questions, please do not hesitate to contact me. I can be reached toll-free at 888-462-
2353 (888-GOCADLE), Ext. 3352, between the hours of 8:30 a.m. and 5:00 p.m. EST, Monday through Friday.
Yours very truly,
J
Shawn flea ey
Account Offic r
SILKB
By Regular Mail - c/m and Certified Mail - Return Receipt No. 7006 3450 0000 8346 6521
11A'h brmer'fll.l_1vv4SuIf 'Jx
E EXHIBIT
J
Roswell Properties L.L.C., Ltd.
100 North Center Street
Newton Falls, OH 44444
888-462-2353 (888-GOCADLE)
330-872-0918
FAX: 330-872-5367
July 25, 2007
Mr. David A. Seiff
31 Edgewood Drive
Mechanicsburg, PA 17055
RE: Simple Interest Note and Security Agreement
Originally Dated: 04/21/2005
Original Principal Amount: $14,771.78
Maker(s): Kathleen M. Seiff, David A. Seiff
Original Payee: Fifth Third Bank
Our File No. OL 121999
Dear Mr. Seiff:
As you know, Roswell Properties L.L.C., Ltd. is the current owner of the above-referenced debt. You
are hereby advised that your debt is in DEFAULT, and that Roswell Properties L.L.C., Ltd. hereby DEMANDS
that you IMMEDIATELY pay the outstanding amounts of the debt in full.
Roswell Properties L.L.C., Ltd. hereby makes DEMAND upon you for payment in full of all unpaid
amounts through July 25, 2007, of $8,782.75, which includes the principal balance of $5,171.78, accrued
interest due through July 25, 2007 of $3,590.97 and late fees of $20.00, due IMMEDIATELY. Interest accrues
thereafter at $1.47 per day. Because of interest, late charges and other charges that may vary from day to day,
the amount due on the day you pay may be greater. If you pay the amount shown above, an adjustment may be
necessary after we receive your check, in which event we will inform you before depositing the check for
collection. For further information, write the undersigned or call 1-888-462-2353, Ext. 3352.
If the total amount due is not paid in full as indicated above, Roswell Properties L.L.C., Ltd. may
pursue its legal remedies, which may include the filing of a lawsuit against you for the total amount due, plus
court costs and attorney fees, if allowed by law in your state.
IN ACCORDANCE WITH 15 U.S.C. 1692e(11), PLEASE BE ADVISED THAT THE PURPOSE OF
THIS LETTER IS TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED FROM YOU WILL BE
USED FOR THAT PURPOSE:.
If you have any questions, please do not hesitate to contact me. I can be reached toll-free at 888-462-
2353 (888-GOCADLE), Ext. 3352, between the hours of 8:30 a.m. and 5:00 p.m. EST, Monday through Friday.
Yours very truly,
J?
Shawn H dley
Account O icer
SH:KB
By Regular Mail - Urn and Certified Mail - Return Receipt No. 7006 3450 0000 8346 6514
1 keihq_hnncr'01.1'11)995vifr Mx
VERIFICATION
I, Shawn Headley, in my position as Account Officer of Roswell Properties,
L.L.C., Ltd., depose and say subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904,
relating to unsworn falsification to authorities, that the facts set fordh in the foregoing
Complaint in Breach of Contract are true and correct to the best of my personal
knowledge, information and belief.
ROSWELL PROPERTIES, L.L.C., LTD.
By:
Ooo ?.` n
96 SL, Q ? '-
;;
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-066324P
.COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ROSWELL PROPERTIES LLC LTD
VS
SEIFF DAVID A ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SEIFF DAVID A the
DEFENDANT , at 1928:00 HOURS, on the 7th day of November-, 2007
at 31 EDGEWOOD DRIVE
MECHANICBURG, PA 17055
by handing to
KATHLEEN SEIFF, WIFE
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
Service
Affidavit
Surcharge
_I -
6NO
?-.0v i
Sworn and Subscibed to
before me this
of
18.00
11.52
.00
10.00
.00
39.52
day
So Answers:
?r
R. Thomas Kline
11/08/2007
METZ LEWIS
By:
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06632 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ROSWELL PROPERTIES LLC LTD
VS
SEIFF DAVID A ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SEIFF KATHLEEN M the
DEFENDANT , at 1928:00 HOURS, on the 7th day of November-, 2007
at 31 EDGEWOOD DRIVE
MECHANICBURG. PA 17055
KATHLEEN SEIFF
by handing to
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
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
6.00
.00
r !
* 00
10.00 R. Thomas Kline
.00
16.00 11/08/2007
METZ LEWIS
By:
day
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROSWELL PROPERTIES, L.L.C., LTD., CIVIL DIVISION
Plaintiff,
VS. No. 07-6632
DAVID A. SEIFF and
KATHLEEN M. SEIFF,
Defendants. STIPULATION FOR JUDGMENT
IN BREACH OF CONTRACT
Filed on Behalf of Plaintiff,
Roswell Properties, L.L.C., Ltd.,
Counsel of Record for This Party:
James McNally, Esquire
PA I.D. No. 78341
METZ LEWIS LLC
11 Stanwix Street, 18th Floor
Pittsburgh, Pennsylvania 15222
412-918-1100
Firm # 437
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROSWELL PROPERTIES, L.L.C., LTD.,
Plaintiff,
VS.
CIVIL DIVISION
No. 07-6632
DAVID A. SEIFF and
KATHLEEN M. SEIFF,
Defendants.
STIPULATION FOR JUDGMENT IN BREACH IN CONTRACT
-7- o?00&
AND NOW, this IJr `day of`.latlu6Lry , it is hereby stipulated and
agreed that a judgment in breach of contract shall be entered in favor of Plaintiff, Roswell
Properties, L.L.C., LTD., and against Defendants, David A. Seiff and Kathleen M. Seiff, in
the amount of $8,924.07, plus interest at the contractual rate of $1.47 per day from
November 14, 2007, plus reasonable and actually incurred attorney's fees and costs.
David A. Seiff
31 Edgewood Drive
Mechanicsburg, PA 17055
lM r t???? Y r .. r
Kat een M. Seiff
31 Edgewood Drive
Mechanicsburg, PA 17055
James Mcl?I'y;
Metz Lewis LLC
I l Stanwix Street,
Pittsburgh, PA 1
(412) 918-1100
Attorneys for osi
LTD
Floor
Properties, L.L.C.,
`r
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
Stipulation for Judgment in Breach of Contract was served the 21 st day of January, 2008,
by first-class mail, postage prepaid on the following:
David A. Seiff
31 Edgewood Drive
Mechanicsburg, PA 17055
Kathleen M. Seiff
31 Edgewood Drive
Mechanicsburg, PA 17055
By: y
VAwc_)
C-) ,.,
o x
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ROSWELL PROPERTIES, L.L.C., LTD. )
Plaintiff, )
vs. )
DAVID A. SEIFF and )
KATHLEEN M. SEIFF, )
Defendants. )
TO THE PROTHONOTARY OF SAID COURT:
CIVIL DIVISION N T
-
W
No. 07-6632
ss QD
a rv ;
N
' R
You are hereby authorized, empowered, and directed to enter, as indicated, the following on the
records thereof-
A. 1. The within suit is Settled, Discontinued, Ended and costs paid.
2. The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid.
3. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs
paid.
************
B. 1. Satisfaction of the Award in the within suit is acknowledged.
2. X Satisfaction of Judgment, with interest and costs, in the within matter is
acknowledged.
*************
C. Other:
DATE: ?44
WITNESS (if signer is other than a
registered) attRrngy):
" pt A 1. S°?
`???•I?r??9?"
Amy A. Shaffer
C
t
Resident Trumbull
oun
y
* * Notary Public, State of Ohio
My Commission Expires: 0411012013
Plaintiff, Roswell Properties, L.L.C., Ltd.
By.
Victor O. Buente, Jr., Esq. (45585)
Attorney for Plaintiff
100 North Center Street
Newton Falls, OH 44444-1321
Telephone: 1-888-462-2353, Ext. 3124
Facsimile: 1-800-860-5367
,cadleco.com
Email: victor.buentep
ax*A 9'S° Pd
P:\Amy_Shaffer\PAID OFF\OL\OL121999SAT-JDG-PA.doc/ 4."K
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