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HomeMy WebLinkAbout04-0692VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS WILMINGTON TRUST COMPANY Plaintiff VS ELMER J. SLASEMAN Defendant 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 anattorneyand 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 other claims 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. 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 INFORM3%TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. Court Administrator/Lawyer Referral Services CUMBERLAND County Bar Association Cumberland Co, Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 999-9108, (717)249-3166 VALERIE ROSEN-BLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS WILMINGTON TRUST COMPAN~ Plaintiff VS ELMER J. SLASEMAN Defendant CIVIL ACTION 1. The Plaintiff is WILMINGTON TRUST COMPANY, a corporation with a place of business located at P.O. BOX 8990 WILMINGTON, DE 19899. 2. The Defendant is ELMER J. SLASEMAN , an individual with a current place of residence located at 120 4TH STREET, NEW CUMBERLAND, PA 17070. COUNT I 3. On or about April 3, 2001, the Plaintiff for good and valuable consideration, provided credit pursuant to an Installment Sale Contract, in the total amount of $14,794.80, including interest at the annual percentage rate of 12.25%, dated that day and payable thereafter in 60 monthly installments of principal and interest and insurance premium of $246.58 per month. A true and correct copy of the documents evidencing said obligation are attached hereto, made a part hereof and marked Exhibit "A". 4. That prior to April 3, 2001, the Defendant defaulted in payments which were due under the agreement as set forth in Exhibit "A" hereof and failed to make monthly payments as required in accordance with the terms of said obligation. The unpaid balance plus late fees, costs and attorney's fees have become due and payable. 5. That as of April 3, 2001, after applying to Defendant's account all credits which are due, the Defendant is still obligated in the amount of $690.44. 6. That pursuant to the agreement executed by the Defendant, Defendant has agreed to pay reasonable attorney's fees and other expenses incurred by Plaintiff in effectuating collections hereunder and Plaintiff will incur a reasonable attorney's fee in the sum of $138.08. 7. Although demand has been made, Defendant has failed to make payments hereunder for the amount due and continues to refuse to make payments. 8. In accordance with the law, there is interest due at the rate of 12.25% per annum from April 3, 2001 to the date of judgment. WHEREFORE, Plaintiff demands judgment be rendered in favor of the Plaintiff, WILMINGTON TRUST COMPANY, and against the Defendant in the sum of $690.44, plus pre-judgment interest at the contractual rate of 12.25%, plus reasonable attorney's fees in the amount of $1.38.08, plus the costs and any other such relief as the Court deems reasonable and just. COUNT II 9. On or about April 23, 2002, the Defendant for good and valuable consideration, provided credit pursuant to an Installment Sale Contract, in the total amount of $36,224.40, including interest at the annual percentage rate of 8.75%, dated that day and payable thereafter in 120 monthly installments of principal and interest and insurance premium of $301.87 per month. A true and correct copy of the documents evidencing said obligation are attached hereto, made a part hereof and marked Exhibit "A". 10. That prior to April 23, 2002 the Defendant defaulted in payments which were due under the agreement as set forth in Exhibit "A" hereof and failed to make monthly payments as required in accordance with the terms of said obligation. The unpaid balance plus late fees, costs and attorney's fee have become due and payable. 11. That as of April 23, 2002 after applying to Defendant's account all credits which are due, the Defendant is still obligated in the amount of $9,808.92. 12. That pursuant to the agreement executed by the Defendant, Defendant has a~reed to pay reasonable attorney's fees and other exlDenses incurred by Plaintiff in effectuatin~ collections hereunder and Plaintiff will incur a reasonable attorney's fee in the sum of $1,961.78. 13. Although demand has been made, Defendant has failed to make payments hereunder for the amount due and continues to refuse to make payments. 14. In accordance with the law, there is interest due at the rate of 8.75% per annum from April 23, 2002 to the date of judgment. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, WILMINGTON TRUST COMPANY, and against the Defendant in the amount of $9,808.92, plus pre- judgment interest at the contractual rate of 8.75%, plus reasonable attorney's fees in the amount of $1,961.78, plus cost and any other such relief as this Court deems reasonable and just. ALTER!~ATIVE COUNT I-II QUA~TD~I~RUIT In the event it is determined that no oral or written agreement existed in fact or law between Plaintiff and Defendant as alleged in Count I-II, the Plaintiff alle~es as follows: 15. Plaintiff hereby incorporates paragraphs 1 though 14 above as though set forth in full. 16. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 17. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 18. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, WILMINGTON TRUST COMPAi~Y, and against the Defendant in the amount of $10,499.36, plus pre- judgemnt interest from April 3, 2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,099.86, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. VALERIE ROSENBLUTH PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION Designated Agent of WILMINGTON TRUST COMPANY , the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is t~e of my o~ knowledge, except as to those matters stated on info~ation and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made s~ject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perju~ that the foregoing are t~e and correct. ~ecuted at County, in the State of Date Designated Agent 35582 Inst~llment Loan Note Type WILMINGTON TRUST 86269104 Annual ~ ~ Rnance ~'"' Amount ~ { To~l of ~"~"'~"~' ..... ~te22,250 ~ ~ 3,794.80~11,000.00$ 14,794.80 (Seal) EXHIBIT Installment Loan Note Type TRUST 86~69104 p~Oi~T,,ZI~J~E Branchl O, 1, ?J .~RIL 26 a) Recording Fees $ 50.00 Rate 12.250 ~ $ 3,794.80 $11,000.00 $14,194.80 60 ~246.58 Mo~b~ng ~e 1, 1996 N/A ~/A Fi~n~F~$ 7~ OO · 93 Shorelander Trailer # I~E$C625NG529794 EXHIBIT ...................... ; ........................ ;[.'.[iSeal) ...................................................... (Seal) ~.[~; ................. ..,. ,; ~ .............................. (.Seal) Name and Tille Installment Loan Note Type TRUST 86269/.04 a) Recording Fees $ 50. O0 I~y~ct~eckC~deposit ?d. co 3rd Pa=cy b)'l'~'~ ~ 25.0~ 0~0~ RJR $ 0. O0 aJ Credit Ll[e $ .00 8ub-To~l(l+2) .................... $ !!,000.~9 & ~mentage ~"' ~e Rnanced Rate [2.250 ~ $ 3,794.80 $11,000.00 Amount Financed (3+4+5 [ Financed DS t.1. 000. Total of Payments $ 14,794.60 60 $246.58 Monl~NCe~n~ng &rtme 1, 1996 ....................... '~.'.! ........................... :~*,!~Seal) ............................................................. (Seal) ........................................................... (seal) : .............................................................. ....................... .:,...: ~ .............................. [Seal) ............ , ........,U: ........................ e,',: ~ .......... V~RIFICATION Designated Agent of WILMINGTON this action, its behalf. , declare that: I am a TRUST COMPANY the Plaintiff in and I am duly authorized to make this verification on I have read the foregoing complaint and know the contents thereof; that the same is true of my ow~ knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Date County, in the State of Designated Agent 35583 Installment Loan Note Variable Rate PERSC~AL FINANCE Branch I 0, 1 , 7 I JUNE 17 19 for thelasL the sum of T~ehty Few Theusahd aid ~6! O§t"~t$l$~l~tt$lttlSt$l~l~tllS$$tl$1tl$$l$1$ttSt~l~am ($ Federal Truth-in-Lending Disclosures - Itemization of Amount Financed 5. Other Charges: CASH PAZD TO 3RD PARTY 1. Loan Proceeds $ 2b..O00.O0 by DY, cheok E~ deposit # 2. Prey, Loan Balance(si Paid ~ N/A $ O.O0 # N/A $ 0, # N/A $ O.O0 3. Prepaid finance charge ............... $ 0, O0 4. Sub-Total {1+2-3} .................... $ e) Recording Fees $ 2E. 00 b) N/A S 0.00 c) N/A $ 0.00 Paid Cash $ 25,00 E] Financed $ a) Credit Life $ b) Credit A & H $ C) Properly $ 0. O0 [~ P~id Cash $ O.OO E] Financed $ Rate 8.750 o/o $ 12,22~./*0 I $ 24,000.00 $ 36,22~,.~,0 Tchl~greement shall be governed by the laws of the State of Delaware -- specifically Includlncl~pe~~ 9, Title §, Dela~ ' Installment Loan Note Variable Rate PERSGNAL FINN, ICE Branch I o, 1 , 7 I JUNE 17 19 9~' for the lssL the sum of Tvflty Fora' ThouliN and O0/[O0111lll$11tl$1llllllSl$11llllllllll$1111ll$lllll$~oll~rs($ 2~.~000,00 I S. OthsrOharges: C~H PAID TO 3RD P~TY ~ N/A $ O.00 # N/A $ 0.00 ~ N/A $ O. 00 Rate 8.750 % $ 12,22A.,~,0 $ 2~,000.00 120 $301,87 b) N/A $ 0.00 c) N/A $ 0.O0 Paid Cash $ 25 · O0 [3 Flrmnced $ VeHabte Rate: On t~e first business day of each January, April, July and October following the date el this Note, the annual percentage rate ma, NEW ERLAND PA 170~0 (s ........................................................... (Seal) ............................................................. ($e~ll ........................................................... ISeal} By: .............................................................. Installment LOan Note Variable Rate pERSCNAL FINANCE Branch I O, t , 7 I JUNE 17 t0 5. Other Cha~es: CA~ PA~ TO 3RD PARTV ~, N/A $ O.O0 # N/A $ O. 00 0. O0 Sub~Total (1 +2-3) .................... $ 2b,. OOO. O0 a) Recording Fees $ 25.00 b) N/A $ 0.00 c) N/A $ 0.00 $ 36,22~-,t~0 Rate 8.750 O/o] $ 12.22~,.~,0 J $ 2~,000.00 120 $301.87 I Monthlybeginniflg August 1, 199~ Inmaance If vafitten in conr~c~o~ with ~is Note, may ~ ob~n~ ~ ~r~ ~ a~ ~n ~ his ~olce. If ~r deske~ pmp~ T~i~greement sh~,, ~ governed by the laws of the S~t. of O.l~w.m -- ...~ff,~l~ inciud~~ 9. Title 51 Oe'.~ NEW ERL~D PA 17~0 (S .............................. (Seal) ............................................................ )Sea/) .................................... {Seal) By: .............................................................. ..................................................... (,Seal) ............................................................... SHERIFF'S CASE NO: 2004-00692 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILMINGTON TRUST COMPANY VS SLASEMAN ELMER J RETURN - REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SLASEMAN ELMER J DEFENDANT at 1100:00 at 120 4TH STREET NEW CUMBERLAND, PA 17070 ELMER SLASEMAN a true and attested copy of the HOURS, on the 27th day of February , 2004 by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~ ~-~ day of ~ ~ ~ A.D. ! l~rothonotary So Answers: R. Thomas Kline 03/01/2004 PARK LAW ASSOC By: VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF 86269104 CUMBERLAND COUNTY COURT OF COMMON PLEAS WILMINGTON TRUST COMPANY Plaintiff VS ELMER J. SLASEMAN Defendant NO. 2004-00692 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PAYMENTS $10,499.36 $2,099.86 $1,773.01 $.00 TOTAL $14,372.23 PLUS COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff AND NOW, % · ~ , ~O , Judgment is entered in favor of the Plaintiff and against t~e Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PROTHONOTARY PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED TEAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TEAT PURPOSE. THIS IS AN ATTEMPT TO COLLECT A DEBT. A~Y INFOP~4ATION OBTAINED WILL BE USED FOR THAT PURPOSE. 'VALERiE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS WILMINGTON TRUST COMPANY Plaintiff VS ELMER J. SLASEMAN Defendant NO. 2004-00692 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGemENT TO:ELMER J. SLASEMA/~ 120 4TH STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: 3/19/04 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU 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 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 LAYWER, 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 Reference Service CUMBERLAND County Bar Association Cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 999-9108, (717)249-3166 PARK LAW ASSOCIATES VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. WILL BE USED FOR THAT PURPOSE. ANY INFORMATION OBTAINED EXHIBIT VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COI/NTY COURT OF COMMON PLEAS WILMINGTON TRUST COMPANY Plaintiff VS ELMER J. SLASEMAN Defendant NO. 2004-00692 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIa: COUNTY OF BUCKS : VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that ELMER J. SLASEMAN, Defendant is over 21 years of age; that his place of residence/business is located at 120 4TH STREET, NEW CUMBERLAND, PA 17070 and that he is employed and that he is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. PARK LAWrASSOCIATES/C. BY: i~~lu Valer th Park Attorney for Plaintiff El0 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK, Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348 -5200 ATTORNEY FOR PLAINTIFF ESQUIRE CUMBERLAND COUNTy COURT OF COMMON PLEAS WILMINGTON TRUST COMPANy Plaintiff VS ELMER J. SLASEMAN Defendant NO. 2004-00692 PRAECIPE TO MARK JTJDGMENT SATISFIED, SETTLED, DISCO~£INUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C.