HomeMy WebLinkAbout01-6967 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
DIME SAVINGS BANK OF NO. OI- ~:'q~7 ~--~-0;('~"'-~~
NEW YORK, FSB IN CIVIL ACTION
-rs- Plaintiff(s)
ARTHUR M. SHERMAN
COMPLAINT
CODE -
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECOHD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles Iv. Bennett, Esq.
PA I.D. No. 30541
Joel E. tta~sman, Esq.
PA I.D. No. 42096
APPLE AND APPLEs P.C.
Finn No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
Fax (412) 682-3138
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
NEW YORK, FSB IN CIVIL ACTION
-rs- Plaintiff(s)
ARTHUR M. SHERMAN
Defendant(s)
NOTICE TO DEFEND
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 upon you, 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 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 TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisl% PA 17013
Telephone (717) 249-3166
Toll free: 1-800-990-9108
1. Plaintiff is a corporation having offices at 231 East Avenue, Albion, NY 13311.
2. Defendant is an individual whose address is 4341 Carlisle Pike, #C15, Camphill,
Cumberland County, Pennsylvania 17011.
3. On or about July §, 1998, the Defendant applied for and was granted a loan by
the Plaintiff at the te~-~ts and conditions agreed upon by the parties, as is more specifically
shown by the Application & Agreement, a true and correct copy of which is attached hereto,
marked Exhibit "A' and made a part hereof.
4. Defendant made purchases and/or received cash advances using said loan.
5. Thereafter, in breach of obligations under the Agreement, the Defendant failed
to make payments as they became due.
§. Plaintiff avers that the terms of the Agreement provide for acceleration of the
entire balance due and owing upon Defendant's bre~ch of the Agreement.
7. Plaintiff avers that the balance due amounts to $20,466.27, as is more specifically
shown by Plaintiff's Statement of Account, a true and correct copy of which is attached
hereto, marked Exhibit ~B' and made a part hereof.
8. Plaintiff avers that interest has accrued at the rate of 12% per annum on the
balance due from January 30, 2001.
9. Per the terms of the agreement, the Defendant has agreed to pay to the
Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys'
fees incurred in the collection of monies owing.
10. Plaintiff avers that pursuant to Plaintiff's agreement with Plaintiff's attorneys,
Plaintiff's attorneys are to receive attorneys' fees of 33?$ of the debt due.
11. Plaintiff believes, and therefore avers, that said attorneys' fees rate is just
and reasonable compensation for the services rendered by said attorneys.
12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully
failed and refused to pay the amount due Plaintiff or any part thereof.
WHEREFORE, Plaintiff demands Judgment against Defendant(s) in the principal
amount of $20,4§§.2?, with appropriate additional interest from January 30, 2001, plus
attorneys fees and costs.
APPLE AND APPLE, P.C.
4
.1~gTE ;rN[~ SECURITY AGREEMENT, DATED J u ]. ¥ 1.5 19 ,9 8 NOTICE; If checked [ ], sea the separate ]tsmization of Amount Financed.
LOAN# 600001976869 INSTALLMENT LOANNOTE Somerset #210
I ANNUAL FINANCE Amount Financed Total of Payments Itemization of Amount Financed
PERCENTAGE CHARGE The amount of credit The amount I will have Amount Flnkn~ed
RATE The dollar amount ' )rovided to me or on my paid after I have made all $ 23.2 2 0.
The cost of my the credit will cost behalf, scheduled payments.
credit as a yearly me. Amount gbren to me directly
lei mte* 12.0 0/O ,-$ 7,766.30 $ 23,220.10 $ 30,986.40 $ N/A
$ 16,497.05
My F~aymeot ~he,~uie Witl be: Amount Paid to othe, m on my behalf
Number of Payments Amount O! Payment~ When Payments Are Due m Insuran~e co.
60 ] _516.44 ' Monthly, beginning 30 days 19 $ N/A
i $ from date of the Note & ' to wnwa '
· : ~ecurity A~reement(see above)
! and monthly thereafter
6:72~.05
u to N / A
~ $
Prepayment: Iftpayoff early, I Wt[I not have to pay a penalty.
Late Charge: Ifa payment is mere ~hen 10 days isis, I Wl;I be charged 5% of the payment, but not more than $5.00.
The Annual Perceotage Rate, Amot~ot FIrmnce¢t and Payment Schedule shown above are part of this Note and Secudty Agreement (which is coiled the "NOTE")..
in this Nme the words 'T% "me'~ 'my'% '%ye", "our" and "us" mean each parson indlvidual~, and jointly who signed it (either as Borrower or Co-Bonower). The
words "you" and "your" refer to THE DIME SAVINGS BANK OF NEW YORK, FEB, unless indicated otherwise.
Ptomlee To Pay: I promise to pay you or to your order at SO. Sox 3008, Uniondate, N.~ 11556, the Amount Financed, plus interest as provided below, in the
number of equal monthly'payments shown in the Payment Schedule. Payments are due beginning on the date indicated in the Payment Schedule and on the
same day of each following month until you are paid in full. I may pay in advance all or part of the balance due at any time, without panatty or premium.
SeCurity Agreement: AS security for the prompt payment of the sums I owe and the paper performance of my promises In this Note, } as well as all the "Co-
Owners" signing below grant you a sscudty interest in the following personal property, an~, it's equipment and accessories:
Your security interest includes parts and equipment, catled "accessions," added to the personal property at any later time. The personnel property, together with
Ils equipment, accessories and accessions, is coifed the "Collateral," Your rights and o~r rospons[bilidas regarding the Coilatsrai are provided in tbia Sasudty
Agreement, which continues on the reverse side.
How Interest Is Chm'ged': The Finance Charge shown above was figured by assuming that all payments were received On their due dates. You will credit each
payment first to earned Finance Charge and then to the unpaid balance of the Amount Financed. You will compute my Finance Charge on the unpaid balance
of the Amount Financed each day using the rate that applies to my ]can. The earlier I make my payments before their due dates, the teas Floanco Charge ~ will
pay. You will send me a refund check it you owe me $1.00 or more after l make my last payment. On the other hand, the later I make my payments after they
are due, the greater the Finance Charge. You will advise me, before my last payment is due, of any edditional amount I owe if It i~ $1.00 or more.
Set-Off: T. he law gives you a right' of sst-off to any ct my property in your possession at any time, includ ng deposit accounts, This means that, if I default, you
may exercme your dght of sot-eft and apply any of my properly in your possession; including deposit accounts, to the sums I ov~ on this Note.
Property Insurance, Inaludfog comprehensive and collision coverage, agalnef loss of or damage fo the Colloteral ia requJntd by you for the term of the Note.
PROPERTY iNSURANCE MAY BE OBTAINED THROUGH ANY AGENT, BROKER OR OTHER PERSON OF MY CHOICE. See Insurance In paragraph 2.3 of
the Secudty Agreement on the reverse side. ' '
Automatic Payments: It this box ia checked E~the Sank will deduct the payments that I owe on this Note from Deposit Account N~
at the Bank. I authorize the Bank to automatically deduct the payments when the~ are due f the Ba~qk or I cancaia the automatic payment deduction, then the
interest rate on this Note will Increase to,1..~,._~ ~ which will result in an fncrease n my final payment. The Bank will cancat the adtomatic payment deduatlon
only if there is not enough money in the account to p~y the required payments.
Credit LIfo Insurance Is Not Required: Single and Joint Credit Life Insurance is available to the Borrower(s) signing for Insurance below at Ihs cost(s) indicated.
No credit lite Insurance will be provided unless the appropriate statemeot(s) Is signed by the Borrower(s) to be insured and the costs shown below are Included
in the Amount Financed. Coverage is subject to the approval ef the company. In New York, coverage is only available to applicants age ti5 and under, tn New
Jersey, coverage ia only avaltsbht to borrowers whose oans mature prior t? age 70.
By Signing, I want Single Credit Life Insurance ] ay Signing, we both went Joint Credit Life insurance which costs $ ; . for the
which costs $~ for the term of ] term of the loan.
the loan.
N/A _
Signature of Borrower Y ~B~
{Signature of Co-Borrower
Signature of Sorrower to be Insured for Single Date ~ Birth
Credit Life fosurance
Date of Blah ~ Age______ ~ Date of la
THE ADDITIONAL TERMS AND SECURITY AGREEStENT ON TI-IS REVERSE SIDE. ARE PART OF THIS NOTE. BY SIGN/NG ~ I AGREE TO ALL
OF THE TERMS OF THIS NOTE. I ALSO ACKN~L~GE RECEIVING A COMPLETED CO, OF TN,, NOTF-
' Borrower's Signature ~ ~t ~S S~ 4 : .r~:~~
NOTICE TO CO-~IGNER ' :: '
I am being asked to guarantee this debt. t will think carefully before doing so. If the Bor,~wer doesn't p~f the debt, I will have to. t am ~u~ t
Co-Signer's Signature~ Oate~ '
Co-Owner's Security Agreement= [, the parson (or persons) signing as "Co-Owner" below, together with the Borrower or otherwise bein~ all of the owners of
the Collateral, grant you a security interest in the Collateral identified above. I agree to be bound by the terms of the Security Agreement contained in this Nots.
I am granting you this security interest to Induce you to make the loan to the Borrower and to secure the payment by the Borrower of all sums due ·under this
Note. if, upon defaul~ and sale of the Collateral, there remains any sum sU[] due you on the Note, t will not be obligated to pay you that sum.
~/~
AD/)IT/ONAL TERMS
DEFAULT.. The fultowing am each "DOf~I~":
I isll Io make any paym.~! th you on or befum th~ day it come~ due;
I provide you with false infu~ or ~nll~eas ~ am/time
· (#j) :
(iv} I die or be~ome legally. Ionomflele~;
I do not promptly and pmp~ pe~omt any e/my' mmisea ot '"
(v)
(vi) I cennnt Pay any of my ¢~b;~ as they come due;
{vii) Proceed}rigs are begun under the Bankn~cy C~de by or against me;
(vi#) .Any .]T~gmem is entered of recmd agaln~ ma: or
"~ny m mY PmpmtY is attached or aubjent to be ng isdotte~l.
(ii) to demand payment of amoun~ due (known as "presentment");
(iii) to give n~ica that amounts due have n~ been paid {Imovm as "notice of disbars',,); end
t~ obtain an of~cii~ ceftiflcetlOn mi na~payment (knorm is 'pro~,').
!II!. g,,~. a~i.ona, ,,ma ~ ~ of .ny ~, ~.:.~L",~'."' ',.~'.O.~*.. ,~., p.~,,~ .r,de,. this N,~.. "er"~'
· . · P de,~ayexen:~ngany t a~ .
SECURITY AGREEMENT
!.3 INSURANCE· While any sums are owed on this Nnte, ! w/# Carry insurance on the Collatera~ agai.'~st'fire, theft and other casuaf~y. The ~ ~ con~ale a
'; =~ m~J~' m~ naIIle lo arlY c.eck, el'aft or other older for tbs oavment ~,~ ;..,____ ~=l~y_ .?
7 ~EmE~u~m ~fF~l!~oSUorRAmNoC~n~ ~ ~Not~;._~,~ !?~.~, a_~_~unt is_,de?ered.due, you .,# refund or credit my aCcour~ unearned
, m~ No~ even if the Col ateral i~ ~ ~ . property obltgated under the Note without ~ ~,..; ....... ?Y..~u ~ repassing any
...... ,. -amaged or dastmyod. .
:'C11ON 4. DEFAULT. A Default under the Note wltf be a Default under this SeCedh.
"--~ '~V" '"" year re~oceom exdenass m repossessing and sthri~g the ~ ~o long as they
am allowed by law.
Vergled By.
NOTICE: SEE FFIONT SIDE FOR IMPORTANT INFORMATION
1/29/01
SHERMAN
ACCOUNT BREAKDOWN
AMOUNT OF NOTE
AMOUNT PAID
BALANCE
231220.10
4,995.07
$ 18,225.03
6-1976869
ADDITIONAL CHARGES
FORCE PLACE INSURANCE
BALANCE
18,225.03
REPO SALE PROCEEDS
INTEREST REFUND
OTHER CREDITS
INSURANCE
FORCE PLACE INSURANCE
PMTS MADE AFTER CHARGE OFF
TOTAL CREDITS
BALANCE
REPO EXPENSES
ACCRUEDINTEREST
BALANCE DUE
$ 18,225.03 -
$ 2,241.24
$ 20,466,27
Prepared by BauerM 1/29/01 Page 1
39500
I, James Watson, of Dime Savings Bank of New York, FSB, Plaintiff
herein, verify that the statements of fact contained in the foregoing Pleading are
tree and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S.
Date
4904, relating to unswom falsification to authorities.
Affiant James Watson
Assistant Treasurer
Title
231 East Avenue
Address
Albion. N Y 13311
City, State and Zip
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06967 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DIME SAVINGS BANK OF NEW YORK
VS
SHERMAN ARTHUR M
JASON VIOP~AL Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SHERMAN ARTHUR M the
DEFENDANT , at 2010:00 HOURS, on the 19th day of December , 2001
at 4341 CARLISLE PIKE C15
CAMP HILL, PA 17011 by handing to
ARTHUR SHERMAN
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 9.10
Affidavit .00
Surcharge 10.00
.00
37.10
Sworn and Subscribed to before
me this °7 ~ day of
(~ _ .... ~'~ "~ A.D.
-?
~ ! PrSt'hbnotar~
So Answers:
R. Thomas Kline
12/20/2001
APPLE & APPLE
By:
ty Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
DIME SAVINGS BANK OF
NEW YORK, FSB
NO. 2001-6967
IN CIVIL ACTION
-vs- Plaintiff(s)
ARTHUR M. SHERMAN
Defendant(s)
PRAECIPE FOR DEFAULT
JUDGMENT
CODE ~
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telepkone (412) 682-1466
Fax (412) 682-3138
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
DIME SAVINGS BANK OF
NEW YORK, FSB
NO. 2001-6967
IN CIVIL ACTION
-vs- Plaintiff(s)
ARTHUR M. SHERMAN
Defendant(s)
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the above-named Defendant(s) in Default of an Answer,
in the amount of $29,622.25, computed as follows:
Amount named in Complaint $ 20,466.27
Interest from January 30, 2001
to January 22, 2002 on $20,466.27
2,402.12
Attorney Fees 6,753.86
Payment
TOTAL , $ 29,622.25
I certify that Notice of the intention to enter this Judgment was given pursuant to Pa.
R.C.P. 237.1. A copy of said Notice is attached, and was mailed on January 10, 2002~ by P~egular
mail, postage prepaid and, addressed as follows:
Defendant: Arthur M. Sherman
4341 Carlisle Pike
#C-15
Camp Hill, PA 17011
APPLE AND APPLE, P.C.
torneys ~ Pla,ntiff(s) ' -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
DIME SAVINGS BANK OF
NEW YORK, FSB
NO. 2001-6967
IN CIVIL ACTION
-vs- Plaintiff[s]
ARTHUR M. SHERMAN
Defendant(s]
Arthur M. Sherman
4341 Caxlisle Pike
~aC-15
mp Hill, PA 17011
Date of Notice: January 10, 2002
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE 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 OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 LibertyAvenue
Carlisle, ~PA 17013
Telephone (717) 249-3166
Toll free: 1-800-990-9108
APPLE AND APPLE, P.C.
By:
Jam.es R. App'~, Esq.
Attorneys for Plaintiff(s)
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 01-6967 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DIME SAVINGS BANK OF NEW YORK, FSB
Plaintiff (s)
From ARTHUR M. SHERMAN, 4341 CARLISLE PIKE, C-15, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANY AND
ALL PERSONAL PROPERTY AT 4341 CARLISLE PIKE, C-15, CAMP HILL, PA 17011.
(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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $29,622.25 L.L. $.50
Interest FROM JANUARY 23, 2002 TO JULY 23, 2002 - $876.49
Atty's Comm %
Att), Paid $109.10
Plaintiff Paid
Date: AUGUST 20, 2002
Due Prothy $1.00
Other Costs
(Seal)
REQUESTING PARTY:
Name JAMES R. APPLE, ESQUIRE
Address: 4650 BAUM BOULEVARD
PITTSBURGH, PA 15213-1237
Attorney for: PLAINTIFF
Telephone: 412-682-1466
CURTIS R. LONG
Prothono~
Deputy
Supreme Court ID No. 37942
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.37
Advertising
Law Library .50
Prothonotary 1.00
Mileage 8.97
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
TOTAL 69.84
Sworn and Subscribed to before me
this 3 0 ~day o~~J
2003 A.D.~ ~ ~, ~~e'~f
pro~on~)tary
Advance Costs: 150.00
Sheriff's Costs: 69.84
80.16
Refunded to Atty on 4/24/03
So Answers;
R. Thomas Kline, Sheriff
By Claudia A. Brewbaker
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND) NO 01-6967 Civil
CML ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DIME SAVINGS BANK OF NEW YORK, FSB
Plaintiff (s)
From ARTHUR M. SHERMAN, 4341 CARLISLE PIKE, C-15, CAMP HILL, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ANy AND
ALL PERSONAL PROPERTY AT 4341 CARLISLE PIKE, C-15, CAMP HILL, PA 17011.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARN/SHEE(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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
AmoumDue $29,622.25 L.L. $.50
Interest FROM JANUARy 23, 2002 TO JULY 23, 2002 - $876.49
Atty's Comra % Due Prothy $1.00
Arty Paid $109.10 Other Costs
PlaintiffPaid
Date: AUGUST 20, 2002
(Seal)
REQUESTING PARTY:
Name JAMES R. APPLE, ESQUIRE
Address: 4650 BAUM BOULEVARD
PITTSBURGH, PA 15213-1237
Attorney for: PLAINTIFF
Telephone: 412-682-1466
Supreme Court ID No. 37942
CURTIS R. LONG
Prothono _t~bry
Deputy
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.37
Advertising
Law Library .50
Prothonotary 1.00
Mileage 8.97
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
TOTAL 69.84
Sworn and Subscribed to before me
t~ f
this A0 dayo
p-rotl~on[tary
Advance Costs: 150.00
Sheriff's Costs: 69.84
80.16
Refunded to Atty on 4/24/03
So Answers;
R. Thomas Kline, Sheriff
By Claudia A. Brewbake_r
ff'~ 13 rl d ~'5~