HomeMy WebLinkAbout09-2139DAVID E. RICKER,
v.
:1N THE COURT OF COMMON PLES OF
Plaintiff :CUMBERLAND COUNTY, PENNS LVANIA
ALFRED L. MADEIRA,
Defendant
CIVIL ACTION
No. ~ ~_ x.13 g ~~`'' I `f t.c
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 serve , by entering a written
appearance personally or by attorney and filing in writing with the Court your defenses or bjections to the claims
set forth against you. You are warned that if you fail to do so, the case may proceed with ut you and a judgment
may be entered against you by the Court without further notice for any money claimed in t e Complaint or for any
other claim or relief requested by the Plaintiff You may lose money or property or other ri is important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO~ HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN ROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
[F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIC
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE, Si usted desea defenderse de las demo
mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte
notificacion de esta Demanda y Aviso radicando personahnente o por medio de un abog
escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas pry
suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente,
sin usted y un fallo por cualquier sums de dinero reclamada en la demanda o cualquier otrq~
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
perder dinero o propiedad u otros derechos importantes pars usted.
IDE YOU WITH
PERSONS AT A
idas que se presentaan
20) dias despues de la
do una comparecencia
sentadas aqui en contra
el caso puede proceder
reclamacion o remedio
dicional. Usted puede
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. `SI LISTED NO TIENE
UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA IfpUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. i
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA
LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERV CIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
DAVID E. KICKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNS~'LVANIA
v. :CIVIL ACTION '.
ALFRED L. MADEIRA, : NO. ~'~
(j ~ - ~- l3 9 c vJ~ l
Defendant ~
i
COMPLAINT
AND NOW comes David E. Ricker, by and through his undersigned
this Complaint, and in support thereof, avers as follows:
attorneys, and files
1. Plaintiff is David E. Ricker ("Ricker"), an adult individual with a business address of
325 Eastern Drive, Harrisburg, Pennsylvania.
2. Defendant is Alfred L. Madeira ("Madeira"), an adult individual residing at 1124
Kennebec Drive, Chambersburg, Pennsylvania.
3. On December 17, 2008, Madeira made and delivered to Ricker a
on March 31, 2009, and payable to the order of Ricker. A true and correct
hereto attached marked as Exhibit A.
4. On March 31, 2009, the due date, and at various times
payment of the same.
5. In response to Kicker's demands, Madeira admitted that the debt is
claiming that he does not have the funds to pay same, Madeira has failed to
6. The amount demanded exceeds the maximum for
arbitration.
WHEREFORE, Ricker demands judgment in his favor and
principal amount of $600,000.00; plus interest at 8% per annum
missory note, due
spy of the note is
Ricker demanded
ue and owing but,
any part of it.
n to compulsory
t Madeira, in the
on April 1, 2009,
per Paragraph 4 of the note; plus attorneys' fees of $30,000.00, per P
a late charge of $30,000.00 per Paragraph 2 of the note; plus costs of suit.
Dated: G/ ~a/~0~
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
4 of the note; plus
Jq~xfG. Milakovic ~~
~'
/~
J
arles O. Beckley, II
I
Attorneys for Plaintiff
2
Apr 05 09 09:45a David Ricker 717-566-4497 p.4
VERIFICATIO'~1
I, David E. Ricker, hereby verify that I am an adult individual and i
in the foregoing Complaint; and that the facts set forth therein are tru
knowledge and information. I understand that false statements herein are
penalties of 18 Pa.C_S. §4904, relating to unsworn falsification to authorities
. ~.`
i ~~~ 3
Dated: ~r~"')\ ......... ...._~
Dal+td ~'S. RICtCer
-t I am the Plaintiff
to the best of my
made subject to the
_~
NOTE
December 17, 2008
Mechanicsburg, Pennsylvania
FOR VALUE RECEIVED, Alfred L. Madeira (hereinafter ref ed to as the
"Maker") hereby promises to pay to the order of David E. Ricker (the Payee"), the
principal sum of Four Hundred Thousand Dollars ($400,000.00) in la money of the
United States of America. Maker hereby promises to pay total fees an interest of Two
Hundred Thousand Dollars ($200,000.00) in lawful money of the Unit d States on or
before the Maturity Date as defined below in Section 1.1 of this Note.., Total money
returned is $600,000.00. ',
Payment of Principal and Interest
1. Principal and interest shall be payable, in lawful money of the United
States of America, at the office of the Payee or such other place as the older of this Note
may designate, in the following manner:
1.1 On March 31, 2009, all amounts owed are due i~ full, which is
called the Maturity Date. ',
Late Charges
2. The Maker agrees that in the event any payment shall b overdue for a
period in excess of thirty (30) days, the Maker shall pay to the Payee a late charge of five
percent (5%) of the amount overdue to cover the additional expense in ident to
delinquency. This shall not be construed to obligate the Payee to accep any overdue
installment nor to limit the Payee's rights and remedies for the Maker's default as set forth
in this Note.
No Transfer
3. If the Maker shall; without in each instance obtaining th prior written
consent of the Payee, sell, transfer, lease, or convey (herein all called " ransfer") the
Mortgaged Property or any interest in it, whether voluntarily or by ope ation of law, then,
at the option of the Payee, the maturity of this Note shall be advanced the date of the
Transfer, and the obligations of the Maker under this Note shall imme iately be due and
payable. For purposes of this paragraph, if the Maker is a corporation, a sale or transfer
of any stock of the Maker or the issuance of additional stock of the M er that results in a
transfer of control of the Maker shall constitute a Transfer of the Mort aged Property; if
the Maker is a partnership, the sale or transfer of any partnership intere t in the Maker
shall constitute a Transfer of the Mortgaged Property.
Events of Default
4. If the Maker fails to pay any sum when due or if the M er shall in any
other way be in default under this Note or if any certification, warrant , or representation
made by the Maker to the Payee proves to be materially false, then the entire unpaid
principal balance of this Note, together with interest accrued and with 11 other sums due
or owed by the Maker under this Note shall at the option of the Payee d without notice
to the Maker become due and payable immediately with interest. Afte the default and
acceleration and until the Maker's indebtedness to the Payee is paid in 11; including the
period following entry of any judgment, the interest shall accrue at a r to of eight percent
(8%) per year. The Maker shall also be liable for attorneys' fees for c llection of the
Note in the amount of five percent (5%) of the total amount then due the Maker to the
Payee, but in any event not less than $3,000.00 and the cost of any titl search incurred
by the Payee in connection with the proceedings. Payment of these am ants may be
enforced and recovered by the entry of judgment on this Note and the ssuance of
execution on the judgment. Time is of the essence.
i
Cumulative Remedies
I
5. The remedies of the Payee provided in this Note or oth rwise available to
the Payee at law or in equity and the warrants of attorney herein or the ein contained,
shall be cumulative and concurrent, and may be pursued singly, succe sively, and
together at the sole discretion of the Payee, and may be exercised as o en as occasion
therefore shall occur. The failure to exercise any right or remedy shall n no event be
construed as a waiver or release of the right or remedy.
Waivers
6. The Maker hereby releases the Payee and the attorney o~r attorneys from
all errors, defects, and imperfections in entering judgment by confessi n, issuing any
process, or instituting any proceedings relating to the confession of ju gment.
Parties
7. The words "Payee" and "Maker" in this Note shall be d erred and
construed to include the respective heirs, personal representatives, sac essors, and
assigns of the Payee and the Maker. T'he obligation of the persons nam d as Maker shall
be joint and several
Construction
8. 'This instrument shall be construed according to and go~}erned by the laws
of the Commonwealth of Pennsylvania. I,
.,
Consent to Jurisdiction
9. Maker hereby consents to the exclusive jurisdiction of e Court of
Common Pleas of Cumberland County, Pennsylvania, and/or for the U 'ted States
District Court for the Middle District of Pennsylvania, in any and all tions or
proceedings arising hereunder or pursuant hereto, and irrevocably afire s to service of
process by certified mail, return receipt requested, to the address for aker set forth
above or to such other address as Maker may direct by notice to Payee
IN WITNESS WHEREOF, the Maker has duly executed this dote under seal on
the day and year first written above.
WITNESS (ATTEST):
;-/`1
/- ,
(Seal)
Alfred '. Madeira, B mower
i
~I
COMMONWEALTH OF PENNSYLVANIA ~~
SS
COUNTY OF CUMBERLAND
~~
On this, the ! 7 day of December A.D., 2008, before me the undersigned
officer, personally appeared Alfred Madeira, known to me (or satisfact{~rily proven) to be
the persons whose names are subscribed to the within instrument, and acknowledge that
he/she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
Notary
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Thomas J. Ahrens, Notary Public
[J~a Ally Township, (~mberland County
M commissia~ ex 't+a F 15 2011
~ 1
Tax Parcel 22-10-0644-034
Tax Parcel 22-11-0278-011
EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land, situate in the ownship of
Monroe, County of Cumberland and State of Pennsylvania, more panic lady bounded
and described as follows, to wit:
TRACT NO. 1 BEGINNING at a post in a public road; thenc by land now or
formerly of Samuel B. Best, North 40 degrees East, two thousand six h dred thirty-one
and seventy five hundredths (2631.75) feet to a post; thence by the s e and land
formerly of Hummel Heirs, South 47 3/4 degrees East, one thousand thr hundred fifty-
three (1353.00) feet to a point in the Dillsburg and Mechanicsburg Roa ;thence by said
road, South 40 degrees West, two thousand six hundred thirty-one and eventy five
hundredths (2631.75) feet to a post in the first above mentioned public ad; thence by
the same road, North 47 3/4 degrees West, one thousand three hundred si ty-nine and fifty
one hundredths (1369.50) feet to the place of BEGINNING.
CONTAINING 82 acres and 20 perches.
EXCEPTING from the above tract the following parcel.
BEGINNING at a point in the center line of the Williams Grov Road (L.R.
#21017), at lands now or formerly of Lebo; thence by the center line of he Williams
Grove Road, South 39 degrees 38 minutes 26 seconds West, ten hundre sixty-five and
eighty-seven hundredths (1065.87) feet to a point; thence by lands nor r formerly of
Stoner, of which this was a part, North 48 degrees 26 minutes 22 second West, thirteen
hundred sixty-two and sixty-three hundredths (1362.63) feet to a pin; th nce by lands
now or formerly of George R. Epply, North 40 degrees 00 minutes 00 se onds East, ten
hundred sixty-three and ninety hundredths (1063.90) feet to a point at o er lands now or
formerly of Stoner; thence by lands, South 48 degrees 30 minutes 50 sec nds East,
thirteen hundred fifty-five and ninety hundredths (1355.90) feet to a po' t, the place of
BEGINNING.
CONTAII~IING 33.2142 acres.
TRACT N0.2 BEGINNING at a point on the Western side of illiams Grove
Road at southeast corner of land now or formerly of Terry Stoner, being of No. 1 on the
Plan of Lots of Frank E. Stoner, as recorded in Plan Book 57, at page 53, Cumberland
County Recorder of Deed's Office; thence by lot No. 1 South 87 degree 32 minutes 12
seconds West nine hundred eighty and fifty-one hundredths (980.51) feet to a point;
thence South 00 degrees 28 minutes 00 seconds West three hundred thi -seven and
seventy-one hundredths (337.71) feet to a pin; thence South 88 degree 45 minutes 00
seconds East none hundred eighty-one and twenty eight hundredths (9 1.28) feet to a
point on the western side of Williams Grove Road; thence by the west rn side of
Williams Grove Road north 00 degrees 11 minutes 11 seconds East fo hundred one and
twenty-five hundredths (401.25) feet to a point the place of BEGINN G.
BEING Lot No. 2 on the plan of Lots of Frank E. Stoner, as re orded in Plan
Book 57, at page 53, Cumberland County Recorder of Deed's office.
EXCEPTING from the above tract the following parcel.
BEGINNING at a point located on the western right of way lin of Williams
Grove Road (S.R. 2011) a 06 foot right-of--way, said point being the so theastern
property corner of lands now or formerly of Barry L. Loreman and the ortheastern
property corner of lands now or formerly of Frank E. & Dorothy M. St ner; thence from
point of beginning along said right-of--way line South O1 degrees 17 mi utes 17 seconds
West a distance of 225.70 feet to a point; thence along lands now or fo erly of Frank E.
& Dorothy M. Stoner the following courses and distances: 1) South 8 degrees 42
minutes 43 seconds West a distance of 15.00 feet to a point; 2.) North 1 degrees 17
minutes 17 seconds West a distance of 225.00 feet to a point; thence al ng lands now or
formerly of Barry L. Loreman North 86 degrees 02 minutes 04 seconds ast a distance of
15.02 feet to a point, said point being the point of BEGINNING. ~
CONTAINING 0.078 acres.
v
F~~'i
~ ~'3t~1'~=~TA~Y
2tIQ9 APR -6 P~ i ~ 40
C~.~l~~~;~s~~~~-d~ ~•~~+MY
+~~"~~~~YLVAhJ~fh
~ 7 ~-, ~d ~d ~y
~r ~ ~ 33 ~
~~ ~ ~ ~~ 5
. ,
.~
Sheriff s Office of Cumberland County
R Thomas Kline
Sher
t~titr of ~u~ngrr~
Ronny R Anderson ~~~
~Qt
},
Chief Deputy ~~ .~` •-.
ij
i .S
;, p^~
A~
Jody S Smith ,
Y
.
Civil Process Sergeant turf EcE QF Thy s~=R~F~
Edward L Schorpp
Solicitor
~~~E ~ =„
t I-'~ ri
c~CQ ~~J'v ~ 2 ~ ' ~,.
l.~ _{• ~
nE r ,
:.v. ~ ,r~Tt;
David E. Ricker
vs.
Alfred L. Madeira
Case Number
2009-2139
SHERIFF'S RETURN OF SERVICE
04/06/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Alfred L. Madeira, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint and
Notice according to law.
04/27/2009 09:10 AM -Franklin County Return: And now April 27, 2009 at 0910 hours I, Dane Anthony, Sheriff of
Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within
Complaint, upon the within named defendant, to wit: Alfred L. Madeira by making known unto himself
personally, defendant at 1124 Kennebec Drive Chambersburg, PA 17201 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
August 11, 2009
SO ANSWERS,
R THOMAS NE, SHERIFF
SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00101 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
DAVID E RICKER
VS
ALFRED L MADEIRA
J ROBY BACKENSTO
County, Pennsylvania, who being duly sworn according to law,
says, the within COMP CIVIL ACTION
ALFRED L MADEIRA
was served upon
the
DEFENDANT at 0009:10 Hour, on the 27th day of April 2009
at 1124 KENNEBEC DRIVE
CHAMBERSBURG, PA 17201 by handing to
ALFRED MADEIRA AT SAID ADDRESS
a true and attested copy of COMP CIVIL ACTION
together with
and at the same time directing His attention to the contents thereof.
Sheriff ' s Costs
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
Deputy Sheriff of FRANKLIN
So Answers:
J R A NST
By
er'
07/ 0
BEC EY AND DEN
Sworn and Subscribed to before
me this ~Q~ day of
A.D.
_ C~~~,~
Notary
up~,~MONWEALTH OF PENNSYLVANIA
("- NOTARIAL SEAL
RICHARD D. McCARTY, Notary Public
Chambersburg Boro., Franklin County
My Commission Expires Jan. 29, 2011
F L',
4`12 SEP -6 P 2* 21
CUMBERLAND COUNTY
PENNSYLVANIA
John G. Milakovic
Charles Q. Beckley
Beckley & Madden
212 North Third Street
P.O. Box' 11998
Harrisburg, PA 17108
(717) 233-7691
Attorneys for Plaintiff
DAVID E. RICKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 09-2139 Civil Term
V.
ALFRED L. MADEIRA,
Defendant
TO THE COURT:
STATEMENT OF INTENTION TO PROCEED
Plaintiff, David E. Ricker, intends to proceed with the above-captioned matter.
Dated: ?/J-// 7
Of Counsel
Beckley & Madden
212 North Third Street
P.O. Box 11998
Harrisburg, PA 17108
(717) 233-7691
Respectfully submitted,
G. Milakovic
Charles O. Beckley, II U
Attorneys for Plaintiff