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Home My WebLink About04-1366ORRSTOWN BANK, assignee of RP Motors, Plaintiff JONATHAN M. LEHRIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- CIVIL TERM CIVIL ACTION-LAW 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, assignee of RP Motors, Plaintiff JONATHAN M. LEHRIAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- 12~.~ CIVIL TERM CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, Orrstown Bank, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff is Orrstown Bank, a Pennsylvania corporation with a place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant, Jonathan M. Lehrian, ("Lehrian") is an adult individual with a residence address of 107 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania. 3. On or about March 16, 2001, Lehrian entered into a certain Installment Sale Contract with RP Motors. A true and correct copy of said Installment Sale Contract is attached hereto as Exhibit "A" and is incorporated by reference. 4. The Installment Sale Contract was assigned by RP Motors to Orrstown Bank at or about the time of its execution, 5. The Installment Sale Contract was executed by Lehrian in connection with his purchasing from RP Motors a 1998 Acura Integra, serial number JH4DC2383W5005159. 6. Lehrian took possession of the Acura Integra at or about the time of execution of the Installment Sale Contract. 7. Pursuant to the Installment Sale Contract, Lehrian was required to make monthly payments to Orrstown Bank in the amount of $345.85 for sixty (60) months with the first payment due April 16, 2001. 8. Lehrian ceased making the monthly payment in June, 2002. 9. Thereafter, Orrstown Bank repossessed the Acura Integra. 10. Orrstown Bank sold the repossessed Acura Integra for the amount of $8,000.00 which was a fair and reasonable price for the Acura Integra. 11. After applying the sales price recovered, there remains a balance due and owing on the Installment Sale Contract of $14,365.08 calculated to March 19, 2004 with a per diem interest rate of $3.22 which continues to accrue. 12. The Installment Sale Contract provides, in relevant part, as follows: You agree to pay the Seller or Assignee costs of suit. You also agree to pay reasonable attorneys' fees if Seller of Assignee hires an attorney to collect amounts due under this Contract or to protect or get possession of the Vehicle. COUNT I ORRSTOWN BANK v. JONATHAN M. LEHRIAN BREACH OF CONTRACT 13. Plaintiff incorporates by reference paragraphs one through twelve as though set forth at length. 14. Lehrian has breached the Installment Sale Contract by failing to make the monthly payments due and owing pursuant to that contract. 15. As a direct and proximate result of the breach of the Installment Sale Contract by Lehrian, Orrstown Bank is owed the sum of $14,365.08 plus costs of suit and reasonable attorney fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant for the sum of $14,365.08 plus costs of suit, expenses, interest to the date of award and reasonable attorney fees all not in excess of the amount requiring compulsory arbitration. Respectfully submitted, ~B-"fRI, EN, BA, RIC &W~CHER~ David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pe~msylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbanl{/j onathanleh rian/complaint.pld yIt~R-23-2004 TUE 03:08 ]PM LOi~N/FIN~NOE F~X NO, 7175324099 p, 08/06 DATE: SHERIFF'S RETURN - CASE NO: 2004-01366 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJklqD ORRSTOWN BANK VS LEHRIAN JONATHAN M REGULAR CPL. MICHAEL BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE LEHRIAN JONATHAN M DEFENDANT , at 1849:00 HOURS, on the at 107 VAUGHN ROAD SHIPPENSBURG, PA 17257 JONATHAN LEHRIAN a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 8th day of April , 2004 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this /D~ day of A.D. So Answers: Thomas Kline 04/12/2004 OBRIAN BARIC SCHERER ORRSTOWN BANK, assignee of RP Motors, Plaintiff JONATHON M. LEHRIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-01366 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO DISCONTINI IE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been :settled and discontinued with prejudice. Respectfully submitted, David A. Baxic, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Orrstown Bank dab.dir/orrstownbank/jonathanlehrian/discontinue.pra .CERTIFICATE OF SERVICF: I hereby certify that on May 27, 2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: James Nelson, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 David A. Baric, Esquire