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HomeMy WebLinkAbout08-4650V ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 V. WILLIAM J. AUGUST and CARMEN K. AUGUST, husband and wife, 83 RIDGE AVENUE CARLISLE, PA 17013 IN;THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 4toW CIVIL TERM 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 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. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 V. WILLIAM J. AUGUST and CARMEN K. AUGUST, husband and wife, 83 RIDGE AVENUE CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- z16,5-0 CIVIL TERM COMPLAINT NOW, comes Plaintiff, Orrstown Bank ("p?•stown") by and through its attorneys, forth the followi and files the within complaint and, in support thereof, sets ng: 1 • The Plaintiff is Orrstown Bank a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2• The Defendants, William J. August and Carmen K. August, husband and wife, are adult individuals residing at 83 Ridge Avenue, Carlisle, Cumberland 17013. County, Pennsylvania 3• On or about October 31, 2007, William J. August and Carmen K. August, made, executed and delivered the same day a written Promissory Note ("promis . sort Note ") to Orrstown 4. A true and correct copy of the Promissory Note is attach d and is incorporated by reference. a hereto as Exhibit ,A,, 5• Defendants have defaulted under the terms and conditions of the Promissory Note by failing to make payment of principal and interest due April, 2008 and every month thereafter. 6• Under the terms of the promissory Note, if an monthly interest is not made when due or an any payment of principal and any other obligation of the promissory Note is n entire indebtedness owing on Promiseo e ry Note shall become due and payable i ot met, mmediately at then th declaration of Orrstown. the owing. 7• Orrstown has exercised its option and declared the entire indebtedness due and 8 The Promissory Note provides, in relevant part as follows: DEFAULT: I will be in default under this Note if an of happens: Y the following Break Other Promises: I break an perform promptly at the time and stprict y Inedm to Lender or fail to Note or any agreement related to this Note or in anner provided in this loan I have with Lender.Y other agreement or 9• The following amounts are presently due on the Promissory Note calculated to July 22, 2008: Principal Interest to 07/22/08 (per diem of $7.31) Attorney fees (set for this Complaint as 10% of principal debt) $27,615.77 $ 516.62 $ 2,761.57 Late charges Other charges TOTAL: $ 15.00 $_ 55.00 $30,963.96 COUNTI ORRSTOWN BANK v. WILL AM J AUGUST AND CARMEN K. AUGUST 10. Plaintiff incorporates by reference paragraphs one at length. dough nine as though set forth 11. William J. August and Carmen K. August have breached the terms of the Note by failing and Promissory refusing to pay the amounts due thereunder. 12. All conditions precedent to recovery have been fulfilled. 13. As a direct and proximate result of the breach b William K. August, Orrstown has incurred the loss of $3 by J. August and Carmen 09963.96 and these damages will continue to accrue. WHEREFORE, plaintiff requests judgment in its favor and sum of $30,963.96 plus additional interest, costs, expenses against the Defendants for the excess of the limits requiring compulsory and attorney fees all in amount not in arbitration. Respectfully submitted, o, , BARK SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstown ban Waugust/complaint.pid C- A,N The statements in the foregoing Complaint are based u n inf assembled b p° oration that has been by my attorney in this litigation. The (wage of the statements is not have read the statcments• my own. I and to the extent that they are based upon information that I have to my counsel, they are true and given correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject relating to unsworn .falsifications to authorities. DATE: b LF Linda K. Mowen Assistant Vice President Loan Workout & Collection Manager Orrstown Bank PROMISSORY NOTE References in the boxes above are for Le '1' :? " - nder's use only a;d do not 11 It the app 80fr0Wer: licabil v An item above containin has been omitted due to e xt l e Is h docu J. August (SSN: mentitationsto any particular loan WMNam 188 lim. Carmen K, August ISSN: 184-6 -68 ¢9056) 6) 83 Ridge Avenue Csrirsle, PA 17013 Principal Amount: $27 699A 6 Lender: ORRSTOWN BAN STONEHEDGE OFFICE 77 EAST KING STREET P O BOX 250 SHIPPENSBURG, PA 17257 ' Interest Rate: 9.69096 PROMISE TO PAY. 1 Date of Note: October" 2007 States of America, tom( Borrower") jointly end severaN Maturity Date: November amount interest at y Promise to psy to ORRSTOWN BANK (.Lehr" , 5, 2022 the rate of 9 rh1IP Per ofT wenty-seven Thousand Six Hundred N ) or ceder, In lawful change under the terms and conPer annum the -INTEREST the u pai ?? bilftwe from No two &46/100 DoNars (827,692n48 Y the UNbd PAYMENT. AFTER DEFAULT" section, mber 5, 2007, until paid In ftA. The trite7ube" PaYirnnts are I will dies Pay this loan in 180 payments $292.45 each may ? and aN on the not yett pawy Pam mom after that. My payment accrued interest not final paYnNritl first Payment is due Decenrbsr 5, 2007, Will bill appNad first to and include MM04W be due on November 5, 2022, and wig be and a fownt any ac crued unpaid and interest. UNe" otlis ? on" Note Is computed on a 385/365 simple Interest then to any late chargs?a•? by aPPilcabls law, payn? Lender at muftliallisd by he o?te^? Principd balance, m p? Is , by applying the ratio of the annual coNaction rate Lender's address shown above or at such other place as Lender *9 actual number of days the princW aver °t'he number of rcosts. rl, meet ENT, I may pay without We ? PREPAYMby LenderEwriting, relieve t of m nalty all or a portion of the amount owed earhro? a it e the principal balance due and may result obligation to continue to make is du. Earl recourse", or similar language. a i send such a Payments under he y Payments will not, unless greed to my making fewer payments. I agree not to spayment needer payme Rather, marked " " remain obligated to Payment, lender may accept it without losing early payments ill reduce other a pay any further amount owed to Lender. All written communications si concerning disputed Paid in full , witlw will the conditions or. Jtrument that full icates satafactio of a disputed amount f any of Lender's rights under this Note, payment constitutes "payment in full" of the amount owed amunts, or that is^ teur?derednw th pt!>er ations STREET, p 0• BOX 250 or as NSBURG, PA 17257 g y hack G must be mailed or delivered to: ORRSTOWN BANK, 77 EAST KING LATE CHARGE. If a payment is 16 days or more fate, I will be charged $2.50• INTEREST AFTER DEFAULT. U interest at the interest rate Up n this default, It including failure to a judgment at the rate in effect at the time judgment y upon final maturity, the total sum due under h 1 gment is enter red in connection with this Note, interest wilcontinue to a c?lru after th te? date of DEFAULT, I will be in default under this Note if anY ' of therfo lowin ha accrue Payment Default. I fail to make any Payment when due under this Note. Other Promises. I break an this Note or in an any promise made to Lender or fail to perform Promptly y agreement related to this Note, or in any Statements. other agreement or loan Ihave with Lender smctly in the manner provided Any representation or statement made or furnished to Lender b documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes by me or on my behalf under this Note or the telatt for the benefit of creditors; Any rs; or any creditor or proceeding is governmental commenced either b nted Taking me or Pint a for any part of up property; I make an assig i rty of the property, agency insolvent; a tries to take receiver is any a of the property under any bank has a lien. This includes taking of, ruptcy or insolvency laws. ?ne or any claim on which the taking of the of garnishing of or levying on my accounts with Lender, owwriever, t dis t m andn which nde with monies or a surety bond rOP9rtY is based is valid or reasonable, and if I give Lender tten noticef ppythe claim good satisfactory to Lender to satisfy the claim, then this default provision will not aP e in good faith whe r h Defective CoNsteralization. This Note or any of the related documents ceases to be in full force document to create a valid and furnish Lands Collateral Damage or Lod Any security interest or lien) at any time and for any reason. effect (including failure of any col -substantial latera y collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss t ?ftl any Of the the damage or indebtedness or destruction an is not covered by insurance. r rty Affecting Guarantor. Any of the preceding events occurs with respect to an the validity of, or liability y gguaraantor, endorser, surety, Y guarantor, endorser, sure option, may, but shall not liability required under, y guaranty of the indebtedness mevidenced by hisdNote r In surety, or accommodation arty in a manner satisfactory shall becomes incompetent, disputes or der' to, permit the guarantor's estate to assume unconditionally the obligations arising under the guar or rto Lender, and, in doing so, cure any Event of Default. the event of a death, Lender, a its nty Cure Provisions. If any default, other than a default in Payment is curable provision is this Note within the preceding twelve default I months, it may ble and cured if f I i, have after not receiving written notice been given a notice of a breach of the s I ' cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requ? ore than fifteen (1 initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default ng 5) dander dame i reasonable and necessary steps sufficient to produce compliance as soon as reasonably LENDER'S RIGHTS. Upon t and thereafter continue arysid? complete all balance under this Note and d all efault, Lender Y after giving such notices as required by unpaid interest immediately due, and then Practical. ATTORNEYS' FEES; EXPENSES. Lender may hire or a I will a Y applicable law, declare the entire unpaid is a fees an amount. princi 1 that I This includes, subject to any limits under applicable law, Lender's reasonable attorneys f lawsuit, Including reasonable attorneys' fees, expenses someone for bankeu Ps tc y to help proceedings collect this Note if f do not a or injunction), and appeals. and legal I will Lender If not prohibited by (including efforts to or vacate any automatic s whether o applicable law, I also will pay any court costs, in addition to almol od t ify EXHIBIT "A All her sums provided by law. y Loan No: 160034925 PROMISSORY NOTE (Continued) JURY WAIVER. Larder and 1 against the other. hereby waive page 2 the right to DISHONORED ITEM FEE. 1 will any jury trill Z any ?On' Proceeding, a inn I Pay is later dishonored, pay a fee to Lender of $20. Mmtercla bro"a't by either L or 00 if I make a payment on my loan an the RIGHT OF SETOFF d checking, savings ° ms , To the extent permitted b heck or preauthorized char 9e accounts with yv ith which ,s or not some include other any IRA account). or KThis includes all accounts I hold jointly with someone else and by applicable law setoff in charge all m Lender, to the extent permitted b ? 9h accounts, or Lend and, at Lenders option y applicable law, to charge or an setoff, Y allLender sumsreserves cwt angfor on right of which setoff would and s Prohibited fr b open in the future. However, COLLATERAL, this i doe acknowid Y and all such accounts, paragraph, , to administratively freeze all such accounts to allow Lender to protect Lenders suture. the Indebtedness against an by law. authorize dated October 31, 9e this Note is secured b and setoff rights Provided in 2007, to Lender on real Property located in Cumberland described in the security instrument listed herein: berland County, Commonwealth of INSURANCE. 1 understand that I am r Pennsyyhrania concerning this requirement is set forth in the Mortgage to obtain insurance for the collateral securi l Mortgage hereby incorporated and made a part of this Note, and in the Agreement to Provide Insurance, all this Note. Further l ormaticn SUCCESSOR INTERESTS. The terms of this Note shall be the terms a assigns, and shall inure S the and conditions of rhich are benefit of Lender and its successors 'and ass gnse' and upon my heirs' NOTIFY US OF INACCURATE INFORMATION WE REPORT TO personal representatives, nformation about successors and n at the following our account(s) ORRST to a consumer ? FA CONSUMER R Porting agency. SORTING AGENCIES. Pie notify ass written notice describing the specific if we report any ;, GENERAL PROVISIONS. It an Your ccurate ST KING STREET P.O. 130X 2D SHIPPENSBURG peatiC rrta . uecy()es) should is Note anno enforcing any of its rights or em part of dies thunder thiscNo etwitho fcrcd' A 17257. sent to Note, to the extent allowed by law, this fact will not affect / BANK Note, and unless otherwise e y waive presentment, losing them. I and an r the rest of the Noe. Le endorser, shall be released from expressly stated in writing , demand for payment, and notice of person who st? Lander may delay r liability. g no party who signs this Note, ?v ' guarantees or endor, eas forgo loan or release any party itY• All such parties agree that Nether as maker, guarantor, any change in the this parties also agree or guarantor or collateral; or ties ag fail t ena ? may renew or luarantor, for any le terms this is made. The obligations ^ underath this Note are joint and several. extend (repeatedly accommodation Maker or modify this loan without the consent of or no or perfect Lenders security ed for any length al that Le Persons signing below. 1 notice to anyone merest t the collateral. time) tors This means that Other than the party with whom All such PRIOR TO SIGNING THIS the words i , "me", and "MY' the mods cation AGREE TO THE TERMS OF THE NOTED EACH OF US, R mean each and all f the EAD AND UNDERSTOOD ALL THE PROVISIONS OF I ACKNOWLEDGE RECEIPT OF A COMPLETED THIS NOTE IS GIVEN UNDER SEAL AND R IS COPY OF NT ND DI THA PROMISSORY NOTE. THIS NOTE. 1, AND EACH 11S, SEALED INSTRUMENT ACCORDING TO LAW. T THIS NOTE IS AND SHALL CONST BORROWER: RUTS AND HAVE THE EFFECT OF q X' " C4 ` ?17 t ?e z Orrstown Bank 77 East King Street Shippensburg, Pa 17257 V. William J. August Carmen K. August (husband and wife) 83 Ridge Avenue Carlisle, Pa 17013 Court of Common Pleas of Cumberland County Pennsylvania #2008-4650 Date: 8/23/08 RECEIVED AUG 2 8 2008 CUMBERLAND COUNTY DISTRICT ATTORNEY'S OFFICE A nrsWER, To Whom It May Concern: The purpose of this letter is to respond in the matter of Orrstown Bank's suit filed against us. The following will outline our intentions and give pertinent information as to the steps we have taken to rectify this situation. The first step that we have taken is attempting to sell our home. We have listed our home with Keller-Williams Agency and specifically with Keith Sealover. If it is necessary to confirm this information, Mr. Sealover can be reached at 574-1186 or at his agency 761- 4300. Having been in contact with our local branch in regards to this matter, we were advised by Mrs. Betsy Smith, our contact person, that a payment of $3,953.50 by August 30th, 2008 would be sufficient to have this matter withdrawn from the court system. In an effort to meet this requirement, monies have been withdrawn from a retirement account and it is our intentions to pay this amount when this money arrives. We have been informed that the withdraw request has been processed and was mailed on August 20th, 2008 from Boston, Mass. We are expecting this check to arrive early during the week of August 25th, 2008. As been expressed above, we are attempting to satisfy this matter and have taken drastic steps to satisfy Count I of this lawsuit. We hope to continue to work with Orrstown to reach a solution on this matter. Sincerely, Wil ' August Carmen Au r.s 17 i CASE NO: 2008-04650 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS AUGUST WILLIAM J ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AUGUST WILLIAM J the DEFENDANT , at 0008:09 HOURS, on the 9th day of August 2008 at 83 RIDGE AVENUE CARLISLE, PA 17013 WILLIAM AUGUST by handing to DEFENDANT 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 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Postage .42 33.42 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/11/2008 O'BRIEN BARIC & SCHERER ,:;/? By: ? 1 4j?) Deputy Sheriff of A. D. ?-. ro CASE NO: 2008-04650 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS AUGUST WILLIAM J ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE AUGUST CARMEN K was served upon DEFENDANT the at 0008:09 HOURS, on the 9th day of August , 2008 at 83 RIDGE AVENUE CARLISLE, PA 17013 by handing to WILLIAM AUGUST HUSBAND OF DEFENDANT 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 q I b 4/6 p Q,,,, 16.00 Sworn and Subscibed to before me this day So Answers: r R. Thomas Kline 08/11/2008 O'BRIEN BARIC & SCHERER By: Deputy Sheriff of A.D. ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257 V. WILLIAM J. AUGUST and CARMEN K. AUGUST, husband and wife, 83 RIDGE AVENUE CARLISLE, PA 17013 TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 4650 CIVIL TERM PRAECIPE TO DISCONTINUE Kindly mark the above-captioned action as having been discontinued without prejudice. Respectfully submitted, O' N, BARIC/qCHEREY/q i Date: September 10, 2008 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on September 10, 2008, I, David A. Baric, Esquire of O'Brien, Baric & 13 LI Scherer, did serve a copy of Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: William I August Carmen K. August 83 Ridge Avenue Carlisle, Pennsylvania 170 A. Baric, Esquire L? r 1=5 =ri ..,x ., ?,y