Loading...
HomeMy WebLinkAbout07-7754IN THE COURT OF COMMON PLEAS, CUMB? COUNTY PENNSYLVANIA VINCENT J. LaPORTE and : NO. 0 7 - 7 5-11 a vi I 't e.rA,- LORRAINE K. LaPORTE 710 Walnut Run Court Harrisburg, PA 17112 Plaintiffs : CIVIL ACTION V. JAMES K. CONWAY and PATRICIA M. CONWAY 1103 Dry Powder Circle Mechanicsburg, PA 17050 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. x Writ of Summons shall be issued and forwarded to ( ) Attorn (x) Sheriff. James W. Abraham, Esq. Abraham Law Offices 45 East Main Street Hummelstowm PA 17036 (717) 566-9380 Name/Address/Telephone Number of Attorney Signature of Attorney Supreme Court ID No. 46352 Date: December 27, 2007 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: ???? 0 D 7 by Oet,-:t?_ puty C . ° o 0 -n M OQ j C?l v >?ti r c s c, SHERIFF'S RETURN - REGULAR CASE NO: 2007-07754 P t -s COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAPORTE VINCENT J ET AL VS CONWAY JAMES K ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CONWAY JAMES K the DEFENDANT , at 0935:00 HOURS, on the 28th day of December , 2007 at 1103 DRY POWDER CTRrT,R MECHANICSBURG, PA 17050 JAMES CONWAY by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Postage .58 Surcharge 10.00 .00 ?1D9/Og ? 40.10 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/02/2008 , ABRAHAM LAW OF CES By : ? / 4 11 Depu y Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAPORTE VINCENT J ET AL VS CONWAY JAMES K ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS CONWAY PATRICIA M was served upon the DEFENDANT , at 0935:00 HOURS, on the 28th day of December-, 2007 at 1103 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 JAMES CONWAY, HUSBAND a true and attested copy of WRIT OF SUMMONS 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 Joq/?? ?. 16.00 Sworn and Subscibed to before me this day by handing to So Answers: R. Thomas Kline 01/02/2007 ABRAHAM LAW OF ICES c By: puty Sheriff of A. D. ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, PA 17036 717 566-9380 IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PENNSYLVANIA VINCENT J. LaPORTE and : NO. 07 - 7754 CIVIL TERM LORRAINE K. LaPORTE Plaintiffs CIVIL ACTION - LAW V. JAMES K. CONWAY and PATRICIA M. CONWAY Defendants 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. Court Administrator 4" Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY. PENNSYLVANIA VINCENT J. LaPORTE and : NO. 07 - 7754 CIVIL TERM LORRAINE K. LaPORTE Plaintiffs CIVIL ACTION - LAW V. JAMES K. CONWAY and PATRICIA M. CONWAY Defendants COMPLAINT AND NOW, comes Plaintiffs, Vincent J. LaPorte and Lorraine K. LaPorte, by and through their attorney, James W. Abraham, Esquire, Abraham Law Offices, Hummelstown, Pennsylvania, and files the following: 1. Plaintiffs, Vincent J. LaPorte and Lorraine K. LaPorte are adult individuals who reside at 710 Walnut Run Court, Harrisburg, Pennsylvania, 17112. 2. Defendants James K. Conway and Patricia M. Conway are adult individuals who reside at 1103 Dry Powder Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about June 1, 2003, Defendants signed and entered into a Note agreement (hereinafter "the Note") to pay Plaintiffs Twenty Five Thousand ($25,000.00) Dollars, plus interest at seven (70/6) percent annually, amortized over twenty (20) years, in monthly payments in the amount of $193.82, for the purchase of a commercial rental property located at 201 York Street, Enola, Cumberland County, Pennsylvania (hereinafter "the Property"). 4. In accordance with the terms of the Note, said Note was a five (5) year "balloon" Note in that within five (5) years of June 1, 2003, on or before June 1, 2007, Defendants were to pay Plaintiffs the balance due on the Note at that time, which balance was $21,564.48 in accordance with the amortization schedule attached to the Note. 5. On or about May, 2007, Defendants stopped making the aforesaid monthly payment on the Property and despite Plaintiffs' efforts to contact Defendants regarding the failure of Defendants to make said payments and despite Plaintiffs' demand for payment and the filing of a Writ of Summons by Plaintiffs against Defendants, which Writs were served on Defendants on December 28, 2007, Defendants have refused to contact Plaintiffs and/or make any of the payments due. 6. Defendants are in breach of the Note in that they have stopped making the monthly payments in accordance with the Note and Plaintiffs failed to payoff the balance due on the Note amount of $21,564.48 as of June 1, 2007. 7. Alternatively, in the event Defendant Patricia M. Conway did not sign the Note, said Defendant has benefited from the ownership of the Property at all relevant times hereto and both Defendants are jointly and severally liable to Plaintiffs for the amounts due under the Note. 8. At all relevant times hereto, Plaintiffs have been in full compliance with any and all terms of the Note and as to any and all matters regarding the Property. 9. The Note provides that in the event Defendant(s) are in default of the Note, Plaintiffs are entitled to all costs and expenses, including but not limited to, reasonable attorney fees, to enforce the Note. 10. Plaintiffs' attorney fees as a result of Defendants' breach of the Note are in excess of Two Thousand Five Hundred ($2,500.00) Dollars, which attorney fees are continuing. WHEREFORE, Plaintiffs' request Your Honorable Court to enter judgment in favor of Plaintiffs and against Defendants in the amount of $23,000.00 dollars in compensatory damages, with continuing interest thereon, as well as $2,500.00 in attorney fees and costs, which fees and costs are continuing. Respectfully submitted: James W. Abraham, Esquire Abraham Law Offices 45 East Main Street Harrisburg, PA 17101 (717) 566-9380 Attorney for Plaintiffs, Vincent J. LaPorte and Lorraine K. LaPorte DATE: 5/8/08 VERIFICATION I, Lorraine K. LaPorte , the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: l " ?' , VERIFICATION I, Vincent I LaPorte , the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: CERTIFICATE, OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following persons at the following address on the date stated below: James K. Conway Patricia M. Conway 1103 Dry Powder Circle Mechanicsburg, PA 17050 DATE: 5/8/08 James W. Abraham, Esq. E.; ?r FS w ABRAHAM LAW OFFICES 45 Fast Main Street, Hummelstown, PA 17036 (717) 566-9380 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VINCENT J. LaPORTE and : NO. 07 - 7754 CIVIL TERM LORRAINE K. LaPORTE Plaintiffs CIVIL ACTION - LAW V. JAMES K. CONWAY and PATRICIA M. CONWAY Defendants PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default against Defendants, James K. Conway and Patricia M. Conway, in the amount of $23,000.00, plus six (6%) percent interest thereon of $1,380.00, plus $2,500.00 in attorney fees in accordance with the Complaint filed herein on May 8, 2008, plus costs. Respectfully sub ed: James W. Abraham, Esq. Abraham Law Offices 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Plaintiffs, Vincent J. LaPorte and Lorraine K. LaPorte DATE: 8/5/08 ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 - IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VINCENT J. LaPORTE and : NO. 07 - 7754 CIVIL TERM LORRAINE K. LaPORTE Plaintiffs CIVIL ACTION - LAW V. JAMES K. CONWAY and PATRICIA M. CONWAY Defendants IMPORTANT NOTICE TO: James K. Conway 1103 Dry Powder Circle Mechanicsburg, PA 17050 DATE OF NOTICE: July 22, 2008 YOU ARE IN DEFAULT because you have failed to file a Complaint in this case. Unless you act within ten (10) days from the date of this Notice, a judgment may be entered against you without a hearing and you may lose your right to sue the Defendants and thereby lose property or other important rights. 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ABRAHAM LAW OFFICES James W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Plaintiffs Vincent J. LaPorte & Lorraine K. LaPorte CERTIFICATE OF SERVICE 1, James W. Abraham, Esquire, the undersigned, hereby certify that T have served a true and correct copy of the foregoing document by first class snail upon the following persons at the following address on the date stated below: James K. Conway 1103 Dry Powder Circle Mechanicsburg, PA 17050 DATE: 7/22/08 James W. Abraham, Esq. 46 ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 -- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA VINCENT J. LaPORTE and : NO. 07 - 7754 CIVIL TERM LORRAINE K. LaPORTE Plaintiffs CIVIL ACTION - LAW V. JAMES K. CONWAY and PATRICIA M. CONWAY Defendants IMPORTANT NOTICE TO: Patricia M. Conway 1103 Dry Powder Circle Mechanicsburg, PA 17050 DATE OF NOTICE: July 22, 2008 YOU ARE IN DEFAULT because you have failed to file a Complaint in this case. Unless you act within ten (10) days from the date of this Notice, a judgment may be entered against you without a hearing and you may lose your right to sue the Defendants and thereby lose property or other important rights. 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. Court Administrator 4`h Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ABRAHAM W OFFICES Tames W. Abraham, Esquire 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Plaintiffs Vincent J. LaPorte & Lorraine K. LaPorte CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following persons at the following address on the date stated below: Patricia M. Conway 1103 Dry Powder Circle Mechanicsburg, PA 17050 DATE: 7/22108 James W. Abraham, Esq. CASE NO: 2007-07754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAPORTE VINCENT J ET AL VS CONWAY JAMES K ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CONWAY JAMES K the DEFENDANT , at 0935:00 HOURS, on the 28th day of December-, 2007 at 1103 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 JAMES CONWAY by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 11.52 Y.F. . 5 8 .;?•?r,. 10.00 R. Thomas Kline .00 40.10 01/02/2008 ABRAHAM LAW 0FF%'ICES B day Depu y Sheriff A. D. U11L 1\11' L" U L\L1 V1\1V 1\LVVLrIl\ CASE NO: 2007-07754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAPORTE VINCENT J ET AL VS CONWAY JAMES K ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CONWAY PATRICIA M the DEFENDANT , at 0935:00 HOURS, on the 28th day of December-, 2007 at 1103 DRY POWDER CIRCLE MECHANICSBURG, PA 17050 by handing to JAMES CONWAY, HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His 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 00 10.00 R. Thomas Kline .00 16.00 01/02/2007 ABRAHAM LAW OF ICES G By: day ?puty Sheriff A. D. CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following persons at the following address on the date stated below: James K. Conway Patricia M. Conway 1103 Dry Powder Circle Mechanicsburg, PA 17050 DATE: 8/5/08 James W. Abraham, Esq. w 6` 00 go t} O ? VINCENT J. LAPORTE and : IN THE COURT OF COMMON PLEAS LORRAINE K. LAPORTE : CUMBERLAND COUNTY, PENNSYLVAN 16 Plaintiffs = n v. No. 2007-07754 M , rn ?o JAMES K. CONWAY and s' o? PATRICIA M. CONWAY C-) Defendants ... w ?r? cn PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned lawsuit as settledAand dis tinued with prejudice. Respectfully sub ed, Date: ON/a Vincent J. Laporte, Plaintiff orraine K. Laporte, Plaintiff