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Home My WebLink About04-0041IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WELLS FARGO FINANCIAL Plaintiff VS. LISA DEROOS COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03248387 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WELLS FARGO FINANCIAL Plaintiff VS. LISA DEROOS Defendant Civil Action No. ~:~L~ -- 2../I COMPLAINT IN CIVIL ACTION AND 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 after this complaint and notice are served, by entering a written appearance personally or by an 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COMPLAINT 50323. Plaintiff is a corporation with offices at 12021 Ridgemont Drive, Urbandale, IA 2. Defendant is an adult individual residing at 636 Cedar Ridge Lane, Mechanicsburg, PA 17055. 3. Plaintiff is the holder of a Promissory Note (hereinafter referred to as "Note) executed and delivered by the Defendant to Plaintiff on or about November 27, 2000, in the principal sum of $7,500.00, a true and correct copy of said Note is attached hereto marked as Exhibit "1" and made part hereof. 4. Defendant has defaulted under the terms of the Note having not made payment to Plaintiff as promised, thereby rendering the entire balance due and payable. 19, 2003. The balance due and owing by Defendant to Plaintiff is $6,287.25 as of November 6. Plaintiff avers that the written agreement between the parties provides that Plaintiff is entitled to interest at the rate of 13.99% per annum. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, interest, or any part thereof the Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Lisa Deroos, individually, in the amount of $6,287.25 with interest thereon at the rate of 13.99% per annum plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. Will' . o zan, .~quire PA I.D. #47437 /' WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03248387 NOTICE TO CONSUMER: 1.) DO NOT SIGN THIS PAPER BEFORE YOU READ IT AND THE NOTE. 2.) YOU ARE ENTITLED TO A COPY OF THE NOTE. 3.) YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAY BE ENTITLED TO RECEIVE A REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH THE LAW. ENDORSEMENT AND PROMISE TO REPAY LOAN. BY SIGNING THIS DRAFT, YOU, THE BORROV.~ER, AGREE TO THE TERMS OF TH E A'n'AC H EEy~IIOTE BEARIIX~G~H E FORM NUMBER SHOWN ON THE FRONT (~/rHIS_~.~'T. ~'O~ ALSO PROMISE TO REPAY THIS LOANTO s,~v~'~_. ~, ACC~G~T~.~"ff S O-~E .orE. / ~'NNA-VNJ FY FOil 5080255021.'~' EXHIBIT WELLS FARG0 FINANCIAL NATIONAL RANK 219 8TH STREET DES N0[NES, IA 050309 178eR542Z IV I gEROOS,,LISA, 636 CEOAR RIDGE LANE RECHANICSBURG,PA,17055441 of Ea~ 11/28/00 12/28/00 U°~ 11/28/05 t 3.99 % ANNUAL PERCENTAGE RATE 2968.20 FINANCE CHARGE 7500, 00 Amount Financed 0468, 20 Total of Payments 174.47 $ 174.47 Amount Paid On Your Account $ NONE Life Insurance Cost (Single) $ NONE Life Insurance Cost (Joint one life} ...... $ NONE Accident & Health Insurance Cost ..... $ NONE Household Goods Insurance Cost $ NONE Invol. Unemployment Insurance Cost $ NONE Filing, Recording & Releasing Fees $ NONE Appraisal Fee $ NONE Title Insurance Cost $ NONE Tige Examination Cost $ NONE Abstract of Title Cost $ NONE Interest ............ $ 2968.20 F U Date N~Jmber of MonthW Payments 60 Three-part Loan Set for certain type "T" and "V" loans. Refer to Branch Manual for instructions. IA*2002s'0200 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ~ l~ M (TITLE) ¢ (COMPANY) he/she is duly authorized to make this verification, and that the facts sat forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) WWR# 03248387 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00041 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO FINANCIAL VS DEROOS LISA BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon DEROOS LISA DEFENDANT at 1814:00 HOURS, at 636 CEDAR RIDGE L~2qE MECHANICSBURG, PA 17055 RICHARD WILSON, HUSBAND a the on the 12th day of January by handing to true and attested copy of COMPLAINT & NOTICE together with law, 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /V ~ day of ~ f~x~7 ~i~ A.D. ~Pkothonotary ' ~ ' So Answers: R. Thomas Kline 01/13/2004 WELTMAN WEINBERG REIS De i q~ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL DIVISION WELLS FARGO FINANCIAL Plaintiff VS. LISA DEROOS Defendant No. 0441 PRAECIPE TO SETTLE, DISCONTINUE & END FILED ON BEHALF OF Plaintiff COUNSEL OF KECORD OF THIS PARTY: William T. Molczan, Esquire PA. l.D.g47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA i5219 (412) 434-7955 WWR#03248387 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION WELLS FARGO FINANCIAL Plaintiff vs. Civil Action No. 04-41 LISA DEROOS Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid. Sworn to and subs~o~d Before me the~._~(~ Day NOTA]~Y WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Eso~re PA. I.D.g47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03248387 SHERIFF'S RETURN - CASE NO: 2004-00041 T COMMONWEALTH OF PENNSYLVA/qIA COUNTY OF FP~ANKLIN PINKER AND ASSOCIATED VS LINETTE O'DONNELL NOT SERVED ERIC B BEYER according to law, says, the within named DEFENDANT O'DONNELL LINETTE unable to locate Her in his WRIT OF EXECUTION Deputy Sheriff, that he made a diligent , to wit: bailiwick. He who being duly sworn search and inquiry for but was therefore returns the the within named DEFENDANT NOT SERVED O'DONNELL LINETTE as to 1042 AVON DRIVE SHIPPENSBURG, PA 17257 WRIT IS EXPIRED Sheriff's Costs: Docketing 9.00 Service 5.00 Affidavit 4.00 Surcharge 10.00 Mileage 11.60 ROBERT WOLLYUNG, Sheriff MACINTYRE AND MACINTYRE 05/19/2004 Sworn and subscribed to before me this /q day' of ~"%q2iL4...A,.- Notary SHERIFF'S OFFICE 157 Lincoln Way East, Chambersburg, Pennsylvania 17201-2233 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ PINKER AND ASSOCIATES 3. DEFENDANT/S/ INSTRUCTIONS FOR SERVICE OF PROCESS PLEASE TYPE OR PRINT LEGIBLY. 2. COURT NUMBER 2004-41T 4. TYPE OF WRIT OR COMPLAINT: LINETI'E O'DONNELL ~- ~ ~ - ~- 0o~- WRIT OF EXECUTION SERVE 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION,ETC. to serve OR Description of proper~y to be Levied, Attached, or Sold ~ UNETTE O'DONNELL AT 6. ADDRESS (Street- Apartment Number, City, Borough,Township, State, and Zrp code) ~'~,~_ 1042 AVON DRIVE SHIPPENSBURG PA 17257 7. I.DIOATE- SUALSERVIOE:I I COMMON. OFPA I pEPUTIZE Now, __ 20 , ~. SHERIFF OF FRANKLIN COUNTY, PA., do deputize the Sheriff of CeuP, ty to execute this Writ and make return thereof according to This deputation is being made at the request and risk of the SHERIFF OF FRANKLIN COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT VVILL ASSIST IN F-~PEDITING SER¥1CE: NOTE ONLY APPLICABLE ON WRIT OR EXECUTION: N.B. WAIVER OF WATCHMAN- Any Deputy Sheriff levying upon or attaching any propery under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such Deputy or the Sheriff to any plaintiff herein for any loss, destruction or removal of any such property before Sheriff sa~e thereof. 9. SIGNATURE OF ATTORNEY or other ORIGINATOR 1 10. TELEPHONE NUMBER ~ 11. DATE MACINTYRE AND MACINTYRE I 717652-9485 102122004 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) HARRISBI JRG PA 17112 20. Address of where served (complete ONLY if different from above) (full street add. +city+zip) ~.^~rEM~S I ~t° /I M,,es I'~' I o~, I M,es I~1 ~ste 24. Servt;e Costs ~ J 2,,¢. Notary C_~ert. J26. Mileage ~27. Postage ~28. Surcharge ..5 1 / 13. I acknowledge receipt of the 'l SIGNATURE of.~UTHORIZE, D FCSO Deputy or Clerk :14. Date Received 15. Expiration Date writ or complaint as lndicated ), '~. ~,,~.~ , /~x ~'. ~~-~' ! ~', ~'- 02,"2^^4 I hereby CERTIFY and .R, eturn that I havepersonalfy'served, have legal evidence of service as shown in 'Remarks", have executed as shown In Remarks , the writ or cpmplaint described on the individual, company~ co~poration, ect. at the address shown above or on the individual, cor~pany, corporation, ect., at the address Inserted below by handing a TRUE and ATTESTED COPY 17. __ I hereby certify and return a NOT FOUND ~because I am unable to locate the individual, company, corporation ect., named above (See Remarks) 18. Name and title of individual serve~ {if not ~hown above) {iF SAt~iE as #5 ab~, ce, Indlc;,ie -with "SArC. E") I 19, _ This was a person of sultabie [ age and discretion then residing in the I defendant's place of abode. 21. Date of Service / 22.Time AM PM Miles Date EST EDST Miles 30. Cost DUE or REFUNDED 32. AFFIRMED and subscribed to before me this day of 20 -- 33. Signature of Deputy Sheriff SO ANSWERS Prothonotary/Deputy/Notary Public 35. Signature of Sheriff ,~7. I ACKNOWLEDGE RECEIPT OF THE Sherififfs return } signature OF Authorized Issuing Authority and Title SHERIFF OF FRANKUN COUNTY 34. Date 36. Date 38. Date Received