HomeMy WebLinkAbout09-7951
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
Cumberland County Branch
First United Bank and Trust Civil Action - Law
Plaintiff
v No. 09-'1x51 ew;17exwl
David Dingzon Judge
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claim 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 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 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. 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.
Pennsylvania Bar Association
Legal Reference Service
Telephone: 1-800-692-7375 (PA ONLY)
or 717-238-6715
SHARPE & SHARPE, LLP
ATTORNEYS AT LAW
257 Lincoln Way East
Chambersburg, PA 17201
(717) 263-8447
I
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
Cumberland County Branch
First United Bank and Trust Civil Action - Law
Plaintiff
v No. 09- 79 S/ 8,4?d
David Dingzon Judge
Defendant
COMPLAINT
NOW comes the Plaintiff, by its attorneys, Sharpe & Sharpe, LLP, and for
its cause of action against the Defendant says:
1.
Plaintiff is First United Bank and Trust, a duly organized Maryland
Corporation having an office at 19 South Second Street, Oakland, MD 21550.
2.
Defendant is David Dingzon, a sui juris adult, resides at 229 W. Main
Street, Apt. 1, Mechanicsburg, Cumberland County, Pennsylvania 17052.
3.
On or about July 24, 2007, Defendant executed a "Promissory Note and
Disclosure" (the "Contract"), a true copy of which is attached hereto as
SHARPE & SHARPE, LLP
ATTORNEYS AT LAW Plaintiffs Exhibit 1, and made a part hereof by reference thereto.
257 Lincoln Way East
Chambersburg, PA 17201
(717) 263-8447
4.
Under and pursuant to the Contract, Plaintiff loaned the Defendant the
sum of $5,594.76, which Defendant agreed to pay back with interest at the
rate of 11.542% per annum (the "Loan").
5.
On or about July 9, 2009, Defendant defaulted on the Loan by failing to
make a required payment on the Loan.
6.
As of April 27, 2009, the Defendant owed the Plaintiff the sum of
$2,599.96, determined as set forth on the attached Exhibit 2 which is made
part hereof by reference thereto and interest accrues from that date at a per
diem rate of $1.1545167.
7.
Defendant also owes Plaintiff's attorney fee as authorized in the Contract.
8.
Plaintiff's reasonable attorney fee is $1,500.00.
SHARPE & SHARPE, LLP
ATTORNEYS AT LAW
257 Lincoln Way East
Chambersburg, PA 17201
(717) 263.8447
WHEREFORE, Plaintiff demands judgment against Defendant in the
amount of $4,099.96, inclusive of attorney's fees together with accrued interest
to the date of judgment on the principal balance due ($2,599.96) at the rate of
11.542% annually, being $1.1545167 per day, plus costs of suit.
SHARPE & SHARPE, LLP
rJ?J. 4!
Date: A001 ! By 't:?na2
a eth Shank
Attorney for Plaintiff
ID 84655
257 Lincoln Way East
Chambersburg, PA 17201
(717) 263-8447
SHARPE & SHARPE, LLP
ATTORNEYS AT LAW
257 Lincoln Way East
ChambeTsburg, PA 17201
(717) 263.8447
VERIFICATION
I verify that the statements made in the pleading are true and correct. I
understand that false statements herein are made subject to the penalties of
perjury contained in 18 Pa. C.S. Section 4904 relating to unsworn falsification
to authorities.
Dated: /0 IZ,,kli)7
illiam Fer
Collections Manager
? 9
PROMISSORY NOTE AND DISCLOSURE ?' -
Principal loaf D$tR llll;suirity l Qrt Nti j 1a11 i,011 Altrit' Q#flfer ; 1t?itfalg'i
$4, 78>3.4f? .! 07 2A 2Q?17! Q7 24 201 g . ° 5 2 :: 113.." 917
References in the shaded area are for Lender's use. only and do not limit the applicability of this document to any particular loan or item.
Any item above containing " * * * " has been omitted due to text length limitations.
Borrower: DAVID DINGZON Lender: First United Bank & Trust
7795 WAYNE HWY Hagerstown Office
WAYNESBORO, PA 17268-8609 130 South Edgewood Drive
Hagerstown, MD 21740
(301) 791-3999
ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments
RATE The dollar amount the cr it The amount of credit The amount I will have paid
The cost of my credit as a will cost me. provided to me or on my after I have made all
yearly rate. behalf. payments as scheduled.
11.542% $884.76 r $4,710.00 $5,594.76
PAYMENT SCHEDULE. My payment schedule will be 36 monthly payments of $155.41 each, beginning August 24, 2007.
SECURITY. This loan is unsecured.
LATE CHARGE. If a payment is 10 days or more late, I will be charged 5.000% of the regularly scheduled payment or $20.00, whichever is
greater.
PREPAYMENT. If I pay off early, I may be entitled to a refund of part of the prepaid finance charges, and I will not have to pay a penalty.
I will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the
scheduled date, and prepayment refunds.
Amount Financed Itemization
Amount paid to others on my behalf: $4,710.00
$4,110.00 to DISCOVER Check# 4300007256
$600.00 to SAMS CLUB Check# 4300007257
Total Financed Prepaid Finance Charges: $70.00
Note Principal: $4,780.00
Prepaid Finance Charges: $70.00
Financed: $70.00
$30.00 Credit Investigation Fee
$40.00 Loan Processing Fee
Amount Financed: $4,710.00
Principal Amount: $4,780.00 Interest Rate: 10.490% Date of Note: July 24, 2007
PROMISE TO PAY. I ("Borrower") promise to pay to First United Bank & Trust ("Lender"), or order, in lawful money of the United States of
America, the principal amount of Four Thousand Seven Hundred Eighty & 001100 Dollars ($4,780.00), together with interest at the rate of
10.490% per annum on the unpaid principal balance from July 24, 2007, until paid in full. The interest rate may change under the terms and
conditions of the "INTEREST AFTER DEFAULT" section.
PAYMENT. I will pay this loan in 36 payments of $155.41 each payment. My first payment is due August 24, 2007, and all subsequent
payments are due on the same day of each month after that. My final payment will be due on July 24, 2010, and will be for all principal,
accrued interest, and all other applicable fees, costs and charges, if any, not yet paid. Payments include principal and interest. Unless
otherwise agreed or required by applicable law, payments will be applied first to any unpaid collection costs; then to any late charges; then to
any accrued unpaid interest; and then to principal. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the
ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual
number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may
designate in writing.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to
by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce
the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without
recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will
remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or
other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other
conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: First United Bank & Trust, Hagerstown
Office, 130 South Edgewood Drive, Hagerstown, MD 21740.
LATE CHARGE. If a payment is 10 days or.more late, I will be charged 5.000% of the regularly scheduled ayment or $20.00, whichever is
greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final m EXHIBIT his Note will continue to accrue
interest at the interest rate under this Note. $
DEFAULT. I will be in default under this Note if any of the following happen:
PROMISSORY NOTE AND DISCLOSURE
Loan No: 57662 (Continued) Page 2
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related
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 insolvent; a receiver is appointed for any part of my property; I make an assignment
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the
claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party
of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its
option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same
provision of this Note within the preceding twelve (12) months, it may be cured if I, after receiving written notice from Lender demanding
cure of such default: (1) cure the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiate
steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest,
together with all other applicable fees, costs and charges, if any, immediately due and payable, and then I will pay that amount.
ATTORNEYS' FEES; EXPENSES. Subject to any limits under applicable law, upon default, I agree to pay Lender's attorneys' fees and all of
Lender's other collection expenses, whether or not there is a lawsuit, including legal expenses for bankruptcy proceedings.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of
the State of Maryland without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Maryland.
CHOICE OF VENUE. If there is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Washington County, State
of Maryland.
DISHONORED ITEM FEE. 1 will pay a fee to Lender of $15.00 if I make a payment on my loan and the check with which I pay is dishonored on
the second presentment.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether
checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future.
However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize
Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against any and all such accounts.
COLLATERAL. This Indebtedness is unsecured.
PREPAYMENT. If I prepay this loan in full, I will be entitled to a rebate of the unearned portion of any Loan Processing Fee and Credit
Investigation Fee, calculated using the actuarial method based on original scheduled (or deferred) payment periods, provided that no rebate of
less than $5.00 shall be made.
CONSENT TO JURISDICTION. I irrevocably submit to the jurisdiction of any state or federal court sitting in the State of Maryland over any suit,
action, or proceeding arising out of or relating to this Note. I irrevocably waive, to the fullest extent permitted by law, any objection that I may
now or hereafter have to the laying of venue of any such suit, action, or proceeding brought in any such court and any claim that any such suit,
action, or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action, or
proceeding brought in any such court shall be conclusive and binding upon me and may be enforced in any court in which I am subject to
jurisdiction by a suit upon such judgment provided that service of process is effected upon me as provided in this Note or as otherwise permitted
by applicable law.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and
assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to
us at the following address: First United Bank & Trust, Hagerstown Office, 130 South Edgewood Drive, Hagerstown, MD 21740.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. I do not agree or intend to
pay, and Lender does not agree or intend to contract for, charge, collect, take, reserve or receive (collectively referred to herein as "charge or
collect"), any amount in the nature of interest or in the nature of a fee for this loan, which would in any way or event (including demand,
prepayment, or acceleration) cause Lender to charge or collect more for this loan than the maximum Lender would be permitted to charge or
collect by federal law or the law of the State of Maryland (as applicable). Any such excess interest or unauthorized fee shall, instead of
anything stated to the contrary, be applied first to reduce the principal balance of this loan, and when the principal has been paid in full, be
refunded to me. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person
who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor.
Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker,
guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend
(repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's
security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other
than the party with whom the modification is made.
APPLICABLE LENDING LAW. To the extent not preempted by federal law, this loan is being made under the terms and provisions of Subtitle 10
of Title 12 of the Maryland Commercial Law Article.
PROMISSORY NOTE AND DISCLOSURE
Loan No: 57662 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND DISCLOSURE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
(Seal)
LASER PRO L-Mn 9, VF,. 512. Cop,. H8,111d Fine -1 Solulian5, 1nC 1991. 2007. All Ri,- Rave -, - MO G 1C FI11PL1020. FC TR-2)051 PR-n.-
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PAYMENT HISTORY
David Dingzon
Installment Loan #3430216402
First United Bank and Trust
Fees/Late
Date Payment Principal Interest Charges Other
08/24/2007 $ 155.41 $ 112.82 $ 42.59
09/24/2007 $ 155.41 $ 113.83 $ 41.58
10/24/2007 $ 155.41 $ 116.15 $ 39.26
11/26/2007 $ 155.41 $ 113.33 $ 42.08
12/24/2007 $ 155.41 $ 120.62 $ 34.79
01/24/2008 $ 155.41 $ 117.96 $ 37.45
02/25/2008 $ 155.41 $ 117.84 $ 37.57
03/24/2008 $ 155.41 $ 123.48 $ 31.93
04/24/2008 $ 155.41 $ 121.17 $ 34.24
05/27/2008 $ 155.41 $ 123.31 $ 32.10
06/24/2008 $ 155.41 $ 123.34 $ 32.07
07/24/2008 $ 155.41 $ 125.44 $ 29.97
08/25/2008 $ 155.41 $ 125.56 $ 29.85
09/24/2008 $ 155.41 $ 126.67 $ 28.74
10/24/2008 $ 155.41 $ 128.70 $ 26.71
11/24/2008 $ 155.41 $ 128.95 $ 26.46
01/02/2009 $ 155.41 $ 123.57 $ 31.84
01/26/2009 $ 155.41 $ 136.66 $ 18.75
02/24/2009 $ 155.41 $ 133.91 $ 21.50
03/24/2009 $ 155.41 $ 135.72 $ 19.69
04/24/2009 $ 155.41 $ 134.82 $ 20.59
TOTAL
$
3,263.61 ......
$ ................ .
2,603.85
$
659.76 $ -
ORIGINAL OBLIGATI ON: PAYMENT CRE DITED :
Principal: $ 4,780.00 Principal: $ 2,603.85
Interest: $ 753.57 Interest: $ 659.76
Fees/Late Chgs: $ 330.00 Fees/Late Chgs: $ -
Other: Other: $ -
TOTAL: $ 5,863.57 TOTAL: $ 3,263.61 e' ti M"-100
EXHIBIT
2
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David (D. Bued
(Prothonotary
YirkS. Sohonage, ESQ,
Soricitor
q4nee 'X Simpson
151 (Deputy Prothonotary
Irene E. Morrow
2" Deputy Prothonotary
Office of the Prothonotary
Cumberfand County, (Pennsy(vania
• . CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P. 230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
(717) 240-6195 • Fax (717) 240-6573