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Home My WebLink About04-1879 o ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2004- /S7 tJ CIVIL TERM DENNIS G. DEITCH, Defendant. 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 MAYBE 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 170 I 3 (717) 249-3166 ORRSTOWN BANK, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004- / r 7t.j CIVIL TERM DENNIS G. DEITCH, Defendant. 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: I. Plaintiff, Orrstown Bank, is a Pennsylvania corporation with its principal place of business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant, Dennis G. Deitch ("Deitch") is an adult individual who resides at 136 Greason Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about October 1,2003, Orrstown Bank loaned the sum of$9,447. 76 to Deitch. 4. In connection with that loan, Deitch executed and delivered over to Orrstown Bank that same day a Promissory Note and Disclosure. A true and correct copy of the Promissory Note and Disclosure ("Note") is attached hereto as Exhibit "A" and is incorporated by reference. 5. The Note required Deitch to make the following repayments on the amount loaned to him by Orrstown Bank: One interest payment of$I08.33 due November I, 2003 One interest payment of$I04.83 due December 1,2003 Two monthly interest payments of$I08.33 starting January 1,2004 One interest payment of $ I 0 1.34 due March I, 2004 One interest payment of$I08.33 due April 1,2004 One principal and interest payment of $9,458.24 due on April 4, 2004. 6. As of the date of filing of this Complaint, Deitch has failed to make the payments due for January, February and March, 2004. 7. Demand has been made upon Deitch to pay the amount due and owing. 8. The Note provides that in the event of default in payment, Orrstown Bank may declare the entire unpaid balance and all accrued unpaid interest immediately due. 9. The Note provides for the recovery of attorney fees and costs paid by Orrstown Bank in connection with the collection of the amount due and owing. COUNT 1- BREACH OF CONTRACT ORRSTOWN BANK v. DENNIS G. DEITCH 10. Plaintiff incorporates by reference paragraphs one through nine as though set forth at length. I I. Deitch has breached the terms of the Note by failing and refusing to make payment due in accordance with the Note. 12. All conditions precedent to recovery have been fulfilled. 13. Interest on the amount due continues to accrue at the per diem rate of $3.48. Accrued interest to March 5, 2004 is $331.35. WHEREFORE, Orrstown Bank requests that judgment be entered in its favor and against Dennis G. Deitch in the amount of $9,784. I I plus additional interest accruing to the date of award, plus costs and expenses and attorney fees. Respectfully submitted, O'BRIEN, BARIC & ST . ~t4 David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 da b.dir/orrstown bank/deitch/complaint. pld 04/22/2004 10:03 7172495755 DES PAGE 02 VERIFICATION The statemcnts in the: foregoing Complaint are based upon infonnation whioh has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read thc statements; and to the extent that they an:: based upon Infonnation which I have given to my counscl, they are true and correct to the best of my knowledge, lnfonnation and belief. I understand that false statements herein are made subject to the penaltics of 18 Pa.C.S. ~ 4904 relating to unsworn falsifications to authorities. Date: 'f'd 3 .6 </ GIft> 7;;-:, () ~ ~fu, Collector Orrstown Bank ~A,RcCHCC4 rp: :c: 27 A'A [I1!~;[!<"::\GST 171)5309304 p, 002 PROMISSORY NOTE AND DISCLOSURE - - -.. !~",,' ,., ,< ....., .~-..-......." .",- ."..,.. . ::mI"N' :lIl=:: .. ~"",. ""'5";' ~~ ' ,.~:' '-E....f'. ~~lIIl'>d'II;..pt,..'~- n""'IIR.~.'tf-~1"" RefGranO~S In :. shad:d ar... ar~ for Lend~;s USe onl~ and do not limn th~' ;;;,~~~:: ~;~I~~~~~en~ :;"y ~1O:la~ ~!:=. ...,.. Any nem above oonlalnlng .-. has bean omitted dua to lex! length limitations. Borrower: DENNIS G. DEITCH (SSN: 194-42.9752) Lender: ORRSTOWN BANK 136 GREASON RD. KING STREET OFFICE CARLISLE, PA 17013 17 EAST KlNll siREET PO BOX 250 SHIPPENSeURG, P A 17257 ANNUAL PERCENTAGE RATE The cost of my credit as 8 yearly rat.. 13.500% FINANCE CHARGE The dollar amount the credit will oost me. . Amount FInanced The amount Of credit provided to me or on my behalf. Total of Payments The amount I will have paid after I have made aD payments as scheduled. . $649.97 $9,447.76 $10,097.73 PAYMENT SCHEDULE. My payment schedule will be onalnterest payment of 'IOS.33 on November I. 2008; One Interesl payment of SI04.83 on December I, 2008; 2 monthly Intereet payments of $108.336lanlng on January 1, 2004; one Interest peyment of S101.34 on Merch 1.2004; onelnt.rm payment of $108.33 on April 1 , 2004; and one prlnolpal and Interest payment of $9.458.24 on Aprl14, 2004. SECURITY. This loan ia unseourQCI, except for Lender's contractual rights, Including the right of setoff, In my deposIt accounts. l.A TE CHARGE. If a payment Ie 16 daye or more lale, I will be oharged $2.50. PREPAYMENT. If I pay off ..~y, I will not ha.oto pay a penally. I win look at my contraot documents for any addleonal Informaflon about nonpayment, defeult, any required repayment In full before the scheduled date. and prepayment refunds. . Amount Financed Itemi:l<ation Amount paid on my account: $9.447.76 Payment on Loan, 130030S09 $9,441.16 Note Principal: Pr8l'8ld FInance Chargee: lender may retain a portion of certaIn of these amounts. In Cash: "0.00 Amount Financed: '.;f- $9.447.18 $0.00 $9,447.78 PrinDlpal Amount: $9.447.76 Interest Rate: 13.500% Date of Note: October 1, 2003 Maturity DatO: Apr1l 4. ~004 PROMISE TO PAY. I ("Sorrower") promise to pey to ORRSTOWN SANK ("Lender"), or order, In lawful money of the Un~ed Stales of America, tha principal emount of Nln. Thousand Four Hundred Forty_en & 761100 Pollar. ($9,447.76), together with Intere.t at the rete of 13.600% per annum on the unpaid priMlpal balance from Octo bar " 2003, until paid !n full. PAYMENT. I will pay !hIs loan in one principal payment of $9,447.78 pluoln'er..' on April 4, 2004. Thl. pIIym.nt due on "p~14, 2004, will be for all prlmiipnland all accrued Interest not yet paid. In addltlonl I will pay regular monthly pA}'ITIl!nrs 01 all accrued unpaid Interest d",e as of each payment date, beginning Nov9mber " 2003, with all subsequent Interest payments to be due on the lame day of each month after that. Unless otherwise agreed or required by applicable law, payments will be ppplled first to any accrued unpllold Interest; then to prlnclpalj then to any unpaid collectfon costs; and then to any l,at9 charges. Interest on this Note Is wmputad on 8 865/31!i5 simple Interest baslSj that Is, by applying th9 ratio of the annual Interest rate over the number of d--.ys In 8 year, multiplied by the outBtandlng prJncl"al balances multlplled by the sotual numb9r of days the principal balance Is outstanding. I will pay lender at Lender's address ehow" above or at such other place BI Lender may deslgnat9 In writing. PREPAYMENT. I may pay without penalty all or a portion at the amounl owod earlier than ~ Is due, Early payments will not, unlese agreed to by Lender in writing, retl9ve me of my obligation to continue to make payments under the payment schBdule. Rather. early payments wl1l reduce the principal balance due. I agree not ro send lender payments marked "paid In 1ull', "wIthout recourseq, or similar language. If I send such a payment, Lander may accept ft w~hout losing any of Lender'. rights under this Note. and I will remain obligated to pay any further amount owed to Lender, All written communloatlons ooncernlng dlsputod amount., inoludlng any check or other payment Inetrument mat Indloate. that the payment conslltutes .payment In full" of the amount owed or that Is tendered with other conditions or limItations or as lullsatl&faction of a disputed amount must be mailed or denVOred to: ORRSTOWN BANK. P.O. BOX 250 SHIPPENSBUAG, PA 17257. l.A TE CHARGE. If a payment Is 18 deys or more 'ato. I will be oharged $2.60. INTEREST AFTER DEFAULT. Upon default, Inoludlng failure to pay upon final maturity. the total eum due under this Noto will bear Interest from the date of accelgratlon or maturity a.t the Interest rate on thIs Note. The interest rate wUl not exceed the maxImum rata permitted by applicable law. DEFAULT. I will be In default under this Note if any of the following happen: Payment Default. I fall to make any payment when due under this Note. Sreak Other Promise... I break any proml.. made to Lendor or fail 10 perform promptly at tha time and strlotly In the manner provided In this Note or In any agreement ralated to thIs Note, or In any other agreement or Joan I have with lender. alllBIT "II" ~A:~.J5-2004 FR: lJ: 28 A:II OR\STOlNmGSI 17175309304 PROMISSORY NOTE AND DISCLOSURE Loan No: 130031335 (Continued) p, 003 Page 2 Fal.. StetomenlL Any representation 01 .!atemont made or furnished 10 Lender b\I m. or on my behalf unclef 111'" Note or 1I1e related docl.ments 1. f.ls. or misleading In any molll~al respso~ either now or at tIl. 11m. made or fuml$hed. D..th or In.olllOn.y. Any Borrower die$ or becomes Insolven~ a reoelvlllls .ppolnted lor any pari of my property: I maka an ..elgnmant for 111. benefit of creditors: or any proceedIng Is commenced eIther by me or against me under any bankruptcy or Insolvency laws. To~lnQ of the Property. Any cred1\or or goyemmenlal agency trios to take ony of Ill. property or any olher of my property In which Len(ler has a li.n. This Includ.s taking of. garnishing of or levying on my accounts with Lender. However. WI dloputo in good laith whelller Ill. claim on which the ta1c.lng of the property 15 based Is valid or reasonable, and If I give LeodaT written notice of the claim and fumlsh Lender with monies or a surety bond satlslaclOry 10 !.end.r 10 se~sfy the clalm.lllsn Illis def.uII prOYlllJon Will nol apply. EveJrtl; Affecting Guarantor. Any of the preceding events occurs with respect to any gua.rantor. endorsar. surety, or accommodation party of any of the Ind9btedness or any guarantor. endorser, surety, or accommodation party dies or becomes IncompetGnt, or revokes or disputes the vBlidtt of. or lloblU\)! under, OIly guaranty ef 1I1e Indebtedn... .vldenced by 11110 Note. In 1I1e event of a dea1l1, Lender, at I1B option. may, but sholl not be required to, permll the guaranto~e estate to .""ume uncondlllonally tho obUg.lIon. arising under !he guoranty In a manner _factory to Lender, am::lj In doing eo, cure any Event of Default. CUro Prevlelon.. If any default, other Illan a dofault In paymant is curable and n f h.ve not been g/'Ien a notio<l of a breach of 111. same proYlslon of !hIs Not. wttl1ln 1I1s proceding lwelye (12) mds. U may ba cured (and no event of defauU will have occurred) W I, after receiving wrltlen notlce from Lend.r demanding Clua of such default (I) ou!ellle default wttl1in fffto.n (15) days; or (2) W 1he cure requires more II1an fiftsen (15) days, immediately inlllate stops which Lender deems In LendMe sole disc ration to be eulflclent to cure 1I1e defaull and theraafter conllnuo and complete all r~son8b1e and neoassary steps sufflelant to produce compliance as lOOn as reasonably practical. LENDER'S RIGHTS. Upon dalsul, Landar m.y, after giving such notlc.s as required by applicable Jaw. deolare1l1. .nllre unpaid prinolpal balance on !his Nole and all accroed unpaid in\ereet Immedletely due, and Illen I win pay that amount ATTORNEYS' FEES; EXPENSES. Lender m.y hlr. or pay someone else to help collect lI1io Note W I do not p.y. I will ~ Lender that amounL This includes, eubjrlcl to eny limite und.r applicable law, Lende!e .ttorneys' feee and Lende~. legal expenses, whe1l1er or not there is a Iawsutt, incWlng attorneys' rees, expans.. for bankruptCy proceedings (inclUding effortl1o modify or yocete any automatic olIly or inJunction). and appeale. If not prohibited by applicable law. I also win pay any court costs, In addition to all other ..... provldod by laW. JURY WAIVER. lender and I hereby waive the right to any Jury trial)n any ac:tlonJ proceeding, or counterclaim brought byetthsr Lender or me against the other. RIGHT OF SETOFF. To Ille extent permitted by .ppllcablol.w, Londor reservos. right 01 setoff In all my e.oCOlJRts with Londar (whether chocl<ing. savings, or some other account). This Includes aU accounts I hoki }ointly with someone elee and all accounts I may open In the future. However, thls does not include any IRA or K.ogh account., or O!II trust aoCOlJRfs for which eetolf would ba prohibited by law. I aulI1oriz. Lender, 10 Ih<l extent permitted by applicable law. to charge or setoff all sums owing on tho dobl egalnst eny end an auoh accounts. end, at Lende~. option, to admlnlsllatiyely freeze all .uch accolJRl$ to allow lender to protact Lend.fs charge end e.toff righls provided In this parag"'Ph. COLLATERAL Thlslnd.bIedn..els unsecured. SUCCESSOR INTERESTS. Th. terms of .tIlls Nots shall be binding upon me, and upon my hairs, p.",onal represenlallVe., suceessors and aselgns, and shall Inure to the benefit of Lender and tts successors and aS$Igns, .. _ NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Ple...e notify us ~ w. report any Inaccurate information about your account(s) \0 a consumer reporting .gency. Your written noflce describing 1he epeclfic inaocuracy(le.) should be sent '0 us at the follOWing .ddr...: ORRSTOWN BANK P.O. BOX 260 SHIPPENSBURG, PA 17267 GENERAL PROVISIONS. L.nder may dalay or forgo enforcing any of Its rights or remedl.s under this Note without losing 1I1ern. I end any other person who signs, guarantees or endorsee this Note, to 1he extent allOWed by law. waiY. pr06entm.nt. demand for paym.n1, and notice of dI.honor, Upon any chang. In the terms of this Note. and unless otherwise expr.""ly &\Bled In writlng, no party who elgns 1I11s Not., whether as maker, guaranlOr, accommoda~on m'~er or andorsar. shall ba r.l.ased from liability. All such partl.. agree that Lendsr may r.new or extend (repeatedly and for any length of ~me) !his loan or rei.... any party or guarantor or collateral: or impair, fail to reallz. upon or petfoot LendMs eacurity Interest In th. collaterol. All euch pllIll.s also agr.. th.t Lender may modlty 1I1is loan without the consent 01 or nctJco to anyone other lhan the party with whom th. modJflcatlon Is made, The obligations und'er thIs Note are joint and several. This meaI\$ that the words -I", 'me", and 'my" mea.n each and ail of the persons signIng below. PRIOR TO SIGNIN!> THIS NOTE, I READ AND UNDERSTOOD ALL TIlE PROVISIONS OF THIS NOTE. I AGREE TO TIlE TERMS OF TIlE NOTE. I ACKNOWlEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND DISCLOSURE. BORROWER, ~~!I'~":', ':d' W;<ll'llOl.Jl/dlto.vo'.U2.,g.toll ~.HIrlAt~allh'I_I...ltO?uw.. ,qIllftllliARen.. .M Cl'a'iU'l\OVJ.llC 'I1l..aMZ I"I'I-\.IN8iOU 0\:~ \ j \ ~ ~ V\, "" "'" 0 ...., ~ ~, = ,,: = f.J\ 0\ .r- ~ ;po. .-< \3 I) \[\. I:)!., -0 rn::!J v f") -..... :;;0 r- ~ '-orn ........ ) b ~ r~) 56 Vj ~ 1-, a> ~ \. :;::'I:l ~ "'- " ;::: ~ ., ,. .~ 9(') -" ~ . j-.~:: ort1 Jt ~, ~ ,0 .-! ,,, p. ~ ~~ -'1 r.n :.Q -< -.J r ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01879 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS DEITCH DENNIS G GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEITCH DENNIS G the DEFENDANT , at 1315:00 HOURS, on the 30th day of April , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DENNIS G DEITCH 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 Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 r~~~ R. Thomas Kline 05/03/2004 OBRIEN BARIC SCHERER Sworn and Subscribed to before me this I.]~ day of ~ ~"..",p;? A.D. (fi.~ ~Iv~."..-~ Prothonotary I -, <I BY:_4oA tJ~ Deputy Sl@iff IJ ORRSTOWN BANK, 77 EAST KINO STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1879 CIVIL ACTION v. DENNIS G. DEITCH, Defendant. CIVIL ACTION-LAW PRAECIPE TO ENTER DEF AUL T JUDGMENT PURSUANT TO Pa.R.C.P.I037 TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff, Orrstown Bank and against the Defendant, Dennis G. Deitch, for failure to file an answer to the Complaint of Plaintiff. A true and correct copies of the return of service from the Sheriff of Cumberland County is appended hereto as Exhibit "A." A true and correct copy of the Notice of Default is appended hereto as Exhibit "B." A true and correct copy of the Certificate of Mailing for the Notice of Default is appended hereto as Exhibit "C." I certify that the Notice of Default was given in accordance with Pa.R.C.P.237.1. Plaintiff requests judgment in the amount of$9,784.I I plus additional interest accruing to the date of award, plus costs and expenses and attorney fees as set forth in the Complaint. Respectfully submitted, R 1Ji;::l'?S David A. Baric, Esquire LD. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ",n"'K.LYt.' 'I:J RETURN - REGULAR CASE NO: 2004-01879 P .COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS DEITCH DENNIS G GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEITCH DENNIS G the DEFENDANT , at 1315:00 HOURS, on the 30th day of April , 2004 at CUMBERLAND CO SHERIFF'S OFFICE. ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DENNIS G DEITCH 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 Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 _,_/'''"; ~~,':J..'" -~ (...c-~ ... '-/"~~'" 1'.....:;-p:-- ....("~,.... "". .."..-'.;"'",_,r.~<:.1; <',- .{rJ " R. Thomas Kline l>':'P' ...:,' ~~~~~;~~~.,,~- 05/03/2004 OBRIEN BARIC SCHERER Sworn and Subscribed to before me this day of By: I . ,J _~4~A 11/~'"f%' Deputy S'F.L lff A.D. EXHIBIT "A" Prothonotary , '!' ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , ii NO. 2004-1879 CIVIL ACTION " q :1 " :j DENNIS G. DEITCH, II Defendant. II ]1 v. CIVIL ACTION-LAW TO: Dennis G. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 Date of Notice: May 21, 2004 IMPORTANT NOTICE " I YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN II II APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE , COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST I YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A ! JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND !i OUT WHERE YOU CAN GET LEGAL HELP. il !i -'i 'i " ~ ! ;! I I: Ii !I Ii il " ., II " Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ~s David A. Baric, Esquire 19 West South Street Carlisle, PAl 70 13 (7 I 7) 249-6873 EXHIBIT "B" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES N.OT PROVIDE FOFlIN5VRANCE-POSTMASTER ::--:-- ,":,,'- Received From: O~f)nrn, &riCle+ ~'\'ffif": ICj We.stSc\,\th .stn:E.t \ Q.adislf,,) ~ 11~\.3 One piece of ordinary mail addressed to; Dtm'ls' G. O{d-c), 1.30 (5rtllSDI1 Road tar\ls\t..) fA nD\~ PS Form 3817. Mar. 1989 EXHIBIT "e" .--- '" ....,......~~... '" '" , pifl;' ~ ... ~."/ ..,'\~ ./ "_ 'v'!:.J~.-./ .~S .., '" g~ "'c:J gg. llll.O ~c:J ... ~~~ -a ~~ ~a '" n c: 2> 2> . r-fl'tl~ OI\bJ......I> ~:-~f'l;C!l -l oWr"'I tn ",. ... ~ ~ ~ m ~ ...- " r ~', 11 I I CERTIFICATE OF SERVICE I hereby certifY that on June 2, 2004, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Dennis G. Deitch 136 Greason Road C~Ii'I"~~jJ / ca David A. Baric, Esquire '~R~. '~~ ~. U\ ~cl~ -.J ~) 'l- C><\ ~ :---S\ \ h C! ~ - r-- \....; -(' \-- ~ ~ () ,,~ ,:-.) ~)~ c_ , ('~.) --.1 LJ ("-:) L.:'l " ..::r"1 ::~ i:il~ -'-;?2] :,"\'1 -:~\8 II ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff v. DENNIS G. DEITCH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1879 CIVIL ACTION CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Dennis G. Deitch 136 Greason Road Carlisle, Pennsylvania 170 13 Notice is hereby given to you of entry of a judgment against you in the above matter. D''''6~ :z :!-1nJ{ r ~M ;( /r Prothonotary U i~ '-,~ 0; ?"-., ~,'~,-,:> <.::.~-) n "Tl '-i :t--n /'Ip ~~~~ -1''' "II : ~I" .['- c c r\,.~ c.:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION vs. ( ) Confessed Judgment (X) Other ;;'ooL;- (871 Amount Due ~ q I 78 if, (I File No. Caption: (').D 12. roRSrtJ4J.tJ U~NK DG/VNls b. Dt.,r:cJ/ / .3" b t'! l#YJ Sf? tV If cn4P CII.Qt./S(,.f:i1 1"'19 17013 TO THE PROTHONOTARY OFTHE SAID COURT: Interest Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CrAm 66:"le LAN J:) for debt, interes~nd costs, upon the following described property of the defendant(s) r~lf5(Jf\JrJLry t:>F D~.n::~/'I])J4NI /Jr /3~ 6Rt:rJ4'50/IJ !?bl'lV CI'9I?LlSLt: f-1:rN/v$C,LV'I'fNi;( 17/J/? t J ) ( County, . PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pe defendant(s) described in the attached exhibit. 7/rt-!o/f Signature: Print Name: ns against re estate % Ol/vJ'cll!. ~/i Iq tv. ~1If#T' CJ'9RI..ISLe) 1-14 17tJ)?;J O~RS-rt>IUN ~Nk L7/1) ,{.t:j -~97j J(-y. ?S--g Date Address: Attorney for: Telephone: Supreme Court 10 No.: (ovel ~ "- l, ~ -- ~ "'- ~ ~ R..J CA ~ ~ \j & ~ ~ c.-. ~ & ~ ~,) ".'~ (j r , = "-- "n C ~ \ , \". ~ t , .1.. ('< , . \ "- 'Ii , , r, - ~. r '~ r"", -- .;',. 1',., ~~ :;. , ~ V " ~ ~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Orrstown Bank Plaintiff (s) From Dennis G. Deitch NO 2004-1879 Civil CIVIL ACTION - LAW 136 Greason Rd. Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell Personalty of Defendant at 136 Greason Road, Carlisle, Pennsylvania 17013 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notilY hiII1!her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,784.11 L.L.$.50 Interest Atty's Cornm % Atty Paid $110.00 Plaintiff Paid Due Prothy $1.00 Other Costs Date: July 12, 2004 CURTIS R. LONG (Seai) Prothonotary By: ~a ft"- nh, 9'5: Deputy REQUESTING PARTY: Name David A. Baric, Esq. Address: 19 W. South St. Carlisle, P A 17013 Attorney for: Plaintiff Telephone: 717.249-6873 Supreme Court lD No. 44853 " t;;,":, b..(. '" \ lV".. ::J?'CO' (0:::, ' F,>~ .>:. oG:',;~\/:- \/.,' ,\;i.' (, c R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee TOTAL $ 18.00 .89 .50' 1.00 3.70 20.00 44.09 Sworn and Subscribed to before me This 3tr"'day of ~ 2004 A.D. ~1 . '. 0 ~;Pi0, ~ '- ~notary l:.:.... -.. f,I{~ ~f' (/:', .. -, -.;::' c, ,.... ("l") .:>' -J' "J"'- ,::.:U) ~,~% .z;>% 1JJ Cl... (<....;. - ~ Advance Costs: Sheriffs Costs: 150.00 44.09 $ 105.91 Refunded to Atty on 08/13/04 SOAE ,- ~~u o ~ , ...... ..., ~ "" R. Thomas Kline, Sheriff QJtlt~~e2ake~~~V (~ -( \.S\) &.. 4 (pq1>9 ok, i5''1Vn ~~.~ ~j c::?" ~<' ~< @ R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee TOTAL $ 18.00 1.27 1.00 4.44 20.00 20.00 64.71 Sworn and Subscribed to before me This'18 d~,}'Oft/L... "Ar 2005 AD. ~ C. fk.JJ.l..<./, ~ Prothonotary bE :b '<:j 'l- NVr ~nnl \fd '^J.Hn(J~.i U,<'ii,um'Ji'iJ .:J.:l1~3HS ::Jill JO 3JL:I:J0 So Answers; ~~ine:f~< . ~1~~B9j}{lQUJbaAr Advance Costs: Sheriff s Costs: 150.00 64.71 $ 85.29 Refunded to Atty on 02/03/05 ~,;, \.. ~..) /".'.- /' ~ ,;.' ~'-./~ .~~..I '.,/ o -; - ...., -..l .... \.:I '1 ltlC~ P (X- '1Pt'.. .&<--. /';03 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1879 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy thc debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From DENNIS G. DEITCH, 136 GREASON ROAD, CARLISLE, PAl 7013 (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY AGAINST PERSONALTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is eujoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishec, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,784.11 Interest Atty's Conun % Atty Paid $166.59 Plaintiff Paid L.L. Due Prothy $1.00 Other Costs Date: JANUARY 5, 2005 (Seal) CURTIS R. LONG Prothono~ n Bjl; .uAa~.. -C'. ~1l.uJI / Deputy REQUESTING PARTY: Name DAVID A. BARIC, ESQUIRE Address: O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PAl 7013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court ID No. 44853 II ORRSTOWN BANK, 77 EAST KING STREET SHIPPENSBURG, P A 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1879 CIVIL ACTION v. DENNIS G. DEITCH, Defendant. CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: 15t4nsP/&[? Kindly mark the above-captioned action as having been settle~and discontinued without prejudice. Respectfully submitted, ~CII David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 170 I 3 (717) 249-6873 da b.dir/orrstowu bank/deitch/discontinue. pra II CERTIFICATE OF SERVICE I hereby certify that on January '5 I ,2005, 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: Dennis G. Deitch 136 Greason Road CMIi'k'P'"fi~:tJ / & David A. Baric, Esquire . ,-, ?,~:; c) rJ' -n ~;::" :::;J ::::':: .......... '-'" - -'() ..;;...~ r;'? 0) 1" II . 'I II ORRSTOWN BANK 77 EAST KING STREET SHIPPENSBURG, PA 17257, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004- 1879 CIVIL TERM DENNIS G. DEITCH, Defendant CIVIL ACTION.LA W PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter. Amount due: $9,784. I I L6:"'1 ;<10M 0" S { jJC/2S0N~1'J Respectfully submitted, ~:;J/zr II I 1 David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/orrstownbankldeitch/writofexecution.pra ..{<j. ?), (J -" .:t~~ c'.\ -- ::J'I " - -:O~ <..- ~ " U\ ..!:. ':' ~" .~ . () \) \ - V't () It{ () \J cf\ 0 \) .0 C \) () .0 \) \) -:-Y' ~ 1" t. \) \ \ ~~ ~c,:,' ...,;,~ -- e , '" -- ~ ~ ':: ~ ::: C' ...() W ...0 h,J , , ~ ~ - , ~ - ').J - - - \3 -D -() Law Offices O'BRIEN, BARIC & SCHERER ]9 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (7]7) 249-5755 direct: dbaric@obslaw.com January 4, 2005 R Thomas Kline, Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 RE: Orrstown Bank v. Dennis G. Deitch No. 2004-1879 Civil Term Dear Sheriff Kline: Very truly yours, I am the attorney for the Plaintiff, Orrstown Bank in the above-captioned matter. Please levy upon the personal property of the Defendant at the following address: Dennis G. Deitch 136 Greason Road Carlisle, Pennsylvania 17013 I have enclosed a check in the amount of $150.00 in connection with my request. If you have any questions or require any additional information, please contact me. DABfjI Eoc. cc: Betsy Smith VIA FACSIMILE: (717) 530-9304 File ~;:;;~ David A. Baric, Esquire da b.dir/orrstown bankldeilcb/sheriffJ.ltr . . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1879 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From DENNIS G. DEITCH, 136 GREASON ROAD, CARLISLE, P A 17013 (1) You are directed to levy upon the property ofthe defendant (s)and to sell LEVY AGAINST PERSONALTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that he/she has been added as a garnishee and is enjoincd as above stated. Amount Due $9,784.Il Interest Arty's Corum % Arty Paid $166.59 Plaintiff Paid Date: JANUARY 5, 2005 L.L. Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonot;rry ~v: ~1"J~tl_~.71{~ Deputy REQUESTING PARTY: Name DAVID A. BARIC, ESQUIRE Address: O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-249-6873 Supreme Court lD No. 44853