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Home My WebLink About01-7250 '. Eisenberg, Esquire ~I) No.. 75736 r~t Road, Suit~ 2OO r, penngylvania 18974 ,,~-pnone: (215)675-4211 Aristar Mortgag~ P.O. Box 4365 Woodla~l Hills, Californin 91365 Plaintiff Dale L. Scott 11 Texaco Road M~chanicburg, PA 17050 Carla Scott 11 Texaco Road Mechanicsburg, PA 17050 Defendant(s) ~NOTICE 'You have been sued in court. If you wish to defend against the claims ~et forth in the following p~ge~, you must take action within (20) days after this complaint and notice are served by entering a written ~ personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth a?i~t you. You are warned that if you fail to de so thc cam may proceed without titular notice for any money clain~l ia the complaint or for any othex claim or relief requited by the plaintiff. You may lo~e money or ~ or other riots important to you. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT APFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP. Cumberland Bar Association LAWYER REFERRAL SERVICE Two Liberty Avenue Carlisle, Pennsylvania 17013 7172493166 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland County, Pennsylvania No. O l ~ 7o2 ~-0 CIVIL ACTION ACTION FOR BREACH OF CONTRACT COMPI.,P~I~ - CIVIL tCTION ~OTICE TO I~EFENI~ "AVISO .Le han demandado a usted en la corte. 8i usted quiere defeace se de estas demands expuestas en his l:~2in..~ siguientocs. Usted tiptoe vente (20) dias, de plazo al partir de la fecha de la d~laallda y la notification haco faita asentar um compar~ncia ~m'ita o en p~r~la o con lm abo~ado y elltregar a la col~ en f~ ~scrita persona, Se avisado que si us~ no se defi~de, la corte tomara m~lidas y puede continuar la de manda en contra suya sm previo aviso o notification. Ade mas a corte puede decidir a fawx del "LLEVE E~TA DEMANDA A UN ABOOADO INMEDIATAMENTE. SI NO TIENE ABOGADO O 91 NO TIENE EL DINERO SUFICIENTE DE PAOAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TF.1 .EFONO A LA oFICINA CUYA DIRECCION gE ENCUE.NTRA ESCRITA ABA JO PARA AVERIOUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEOAL Associacien De Licendiades De Cumberland SERVICIO DE REFENCIA E INFORMACION LEGAL Two Liberty AvenUe Carlisle, pe~asylvania 17013 7172493166 Steven IC Eisenber8, Esquire Attorney ID No.. 75736 530 W. Street Road, Suite 200 Warminster, Pennsylvania 18974 Telephone: (215) 6754211 Aristar Mortgage P.O. Box 4365 Woodland Hills, California 91365 Plaintiff Dale L. Scott 11 Texaco Road Meclmnicburg, PA 17050 and Carla Scott 11 Texaco Road Mechauicsburg, PA 17050 Defendant(s) qROTICE "You have been sued in court. If you wish to de. fetid s?iust the claims set forth in the following pages, you must take action within (20) days aRer this complaint and notice are se~'ed by entering a writt~ ~ce persomdly or by attoraey and filing in writing with the court your defenses or objections to thc ~lsim~ set forth against yow You are warned that if you fail to do so the case may proceed complaint or for any othe~ claim or relief requested by the plaintiff. Yon may loze money or propa~ or othor 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 T~I.gPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEGAL HELP. Cural0~rland Bar Associatioa LAWYER REFERRAL SERVICE Two Liberty Avenue Carlisle, Pennsylvania 17013 7172493166 AtWm~ for Plaintiff : IN THE COURT OF COMMON PLEAS OF : Cumberland County, Peunsylvania : :NO. : : CIVIL ACTION : ACTION FOR BREACH OF CONTRACT : : : COMPLAINT- CIVIL ACTION : : NOTICE TO DEI~ND : tiene vente (20) dias, de plazo al partir de ia re,ha de la demanda y la notification lxace faita asontar um comparemia esorita o ca persona o con un abog~ y entreat a la co,ae ea forma es~'ita persona. S~ avisado que si usted no se defiende, la corte tomura aviso o notification. Ade mas a corte pued~ decidir a favor del ~LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, Sl NO TIENE ABOGADO O $I NO T/ENE EL DI~ERO ~aUFICIENTE DE PAOAR TAL 8ERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE F.3qCUENTRA ESCR1TA ABA JO PARA AVERIGUAR DONDE lie PUEDE CONgFA3LqR A~ISTENCIA LEGAL. Associacion De Licendiedos De Cmnb~rland SERVICIO DE REFENCIA E INFORMACION LEOAL Two Liberty Avenue Carlisle, Pennsylvania 17013 7172493166 Steven K. Eisenberg, Esquire The Law Offices of Steven K. Eisenberg Attorney ID No. 75736 530 W. Street Road, Suite 200 Warminster, Pennsylvania 18974 Telephone: (215) 675-4211 Aristar Mortgage P.O. Box 4365 Woodland Hills, California 91365 Plaimiff VS. Dale L. Scott 11 Texaco Road Meehanicburg, PA 17050 and Carla Scott 11 Texaco Road Mechanicsburg PA 17050 Defendant(s) Attomqt for Plaintiff IN THE COURT OF COMMON PLEAS OF · Cumberland County, Pennsylvania · CIVIL ACTION ACTION FOR BREACH OF CONTRACT Plaintiff, Aristar Mortgage, by and through its attorneys, The Law Offices of Steven K. Eisenberg, submits the within Complaint against the above-captioned Defendants, and in support thereof, respectfully avers the following: 1. Plaintiff, Aristar Mortgage (hereinafter referred to as "Aristar"), is a corporation, with a place of business located at P.O. Box 4365, Woodland Hills, California 91365. 2. Defendant, Dale L. Scott (hereinafter referred to as the "Defendants"), is an adult individual residing at 1 t Texaco Road, Mechanicburg, PA 17050. 3. Defendant, Carla Scott (hereinafter (collectively) referred to as the "Defendants"), is an adult individna~l residing at 11 Texaco Road, Mechanicsburg, PA 17050. 4. This action is an attempt to collect the debt averred herein and any information obtained in this matter will be used for that purpose. 5. You must file a response to this Complaint within the time provided by the rules of court. However, you have thirty (30) days to dispute the debt in writing to the undersigned counsel for Aristar. 6. If you do not dispute the debt averred herein, or any portion thereof, in writing, within thirty (30) days, the debt will be assumed to be valid. If you notify the undersigned counsel for Aristar in writing of some dispute as to the validity of this debt, in whole or in part, within the thirty (30) day period, counsel will provide you with a copy of documentation verifying the debt necessary beyond the exhibits to this Complaint, if any. Also, upon written notice to counsel requesting such advice, counsel will provide you with the name of the original creditor with whom you incurred this debt. BREACH OF CONTRACT 7. Paragraphs I through 6 above are reaverred and incorporated herein by reference as if set forth at length. 8. Defendants entered into a Contract to borrow funds (hereinat~er referred to as the "Contract") on or about 5/25/2000, wherein Aristar (and/or its predecessor in interest) agreed to provide financing, a loan, to Defendants subject to the te~.iis and conditions contained in the Contract, which Contract was assigned per its tei¥~,s and delivered to Aristar with notice to Defendants. A copy of the Contract is attached as Exhibit "A" and is incorporated herein by reference as if set out at length. 9. Under the terms of the Contract Aristar agreed to finance, provide the loan, and Defendants agreed to pay Aristar the principal amount of $24,600.00, plus interest at the rate of 13.40 percent annually (and other conditional charses). 10. In accordance with the Contract, Defendants agreed to pay Aristar payments of $295.25 per month for a period of 240 months, commencing on 7/1/2000 and continuing thereafter each month the same day of the month until the entire indebtedness to Aristar is paid in full. 11. Defendants became in default under the Contract when they failed to make payment when due on or about 6/1/2001. Defendants remain in default under the Contract, which default permits Aristar to accelerate the balance due under the Contract. 12. Defendants were notified by written notice dated that they were in default of the Contract because of their failure to make payments when due under the Contract. True and a correct copies of the Notice of Default are attached as Exhibit "B" and are incorporated herein by reference as if fully set forth. 13. Despite such notice and d~mand$ by Aristar for payment, Defendants did not, and have not cured the foregoing default, and have neglected and refused to honor the t~ns and conditions of said Contract and have failed, refused or neglected to make payment to Aristar of the sum justly due Aristar. The outstanding principal balance is $24,579.45. 14. In accordance with the Contract and applicable law, there is interest due at the rate of 13.40 percent per annum from 6/1/2001 to the date of this suit in the amount of $2,191.71. In addition there are late charges accrued and charged to the date of this suit are $206.71. 15. reserved 16. All credits due, if any, to Defendants have been given to him/her. 17. The balance due from Defendants to Aristar under the Contract as of the date of commencement of this suit is $26,977.87 and interest continues to accrue on that debt at the rate of 13.40 percent per annum as set forth in the Contract. 18. Although demand of the sum justly due Aristar has been frequently made, Defendants have neglected, failed and refused to make payment thereof. WHEREFORE, Plaintiff, Aristar Mortgage, demands judgment against Defendants Dale L. Scott and Carla Scott, jointly and severally, in the sum of $26,977.87 plus any and all additional interest, attorney's fees and costs. 19. Count II- Unjust Enrichment Plaintiff hereby incorporates by reference paragraphs 1 through 18 above as though set 20. 21. 22. benefit. 23. forth at length herein. Defendant(s) received the use and benefit of the loan as set forth above. Defendant(s) accepted the funds. Defendant(s) received the funds from Plaintiff knowing that they were receiving a Defendant(s) have been unjustly enriched at the expense of Plaintiff and Plaintiff is entitled to recover the amounts that it (or its predecessor) has expended. WHI~REFORE, Plaintiff, Aristar Mortgage, demands judgment against Defendants Dale L. Scott and Carla Scott, jointly and severally, in the sum of $26,977.87 plus any and all additional interest, attorney's fees and costs. DATED: Friday, December 28, 2001 Respectfully submitted, Ste~en K. Eisenberg, Esquire Attorneys for Plaintiff, Aristar Mortgage 70010003AV. 100-100 Exhibit SECONDARY MORTGAGE LOAN NOTE This agreement is subject to the provisions of the Secondary Mortgage Loan Act May 25, 2000 Camp Hill Pennsylvania [Date] [City] [State] 11 Texaco Road, Mechanicsburg, PA 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ "principal"), plus interest, to the order of the Lender. The Lender is Loan 24,600.00 (this amount is c~led Aaraes Funding Corporation, DBA Aames Home · I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the :'Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 13.400 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1st day of each month beginning on July 1st 2000 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on June 1, 2020 , I still owe amounts' under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 350 South Grand Avenue, 47th Floor, Los Angeles, CA 90071 or at a different place if required by the Note Holder· (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 295.25 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepaym~6nt or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES This Note shall be governed by the laws of the State of Pennsylvania. If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will,be refunded to me. The Note Holder may choose to ng~ke Ibis refund by rbxiueing the principal I owe under this Note or by making~ direct payment to me. If a refund reduces principal, the reduction will be Ixeated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after ' the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 10.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. PENNSYLVANIA FIXED RATE NOTE - Single Family ~AX5RPA (9105).04 ELECTRONIC LASER'F,ORMS, INC. - (800)327-0545 Initials: (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when-I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by fn'st class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endomer of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to payall of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Ins~ument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ~' WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Scott L. Dale ¢: '"' -- -Borrower Car--la R Dale SSN: 211-58-5313 SSN: 159-56-1137 (Seal) -Borrower (Seal) -Borrower SSN: SSN: (Seal) -Borrower [Sign Original Only] DOC #:503722 APPL #:0007826931 )X5RPA , Page 2 of 2 1g105).04 Exhibit "B" MICHAEL S. POLK SPENCER P. SCHEER DEAN R. PROBER DAVID E. PINCH MICHAEL D. iMFELD MARK DOMEYER LEE S. RAPHAEL VICTOR CAPONPON NORMAN D. SHAW SHARON L. MASON KAREN A. ROMAGNANO NATALIE A. PANOSSIAN POLK, SCHEER & PROBER A LAW CORPORATION 6400 CANOGA AVENUE, SUITE 350 WOODLAND HILLS, CALIFORNIA 91367 P.O. BOX 4365 WOODLAND HILLS, CALIFORNIA 91365 (818) 227-0100 FAX: (8t8~ 227-0101 EMAIL: USER@PSPLAW1 COM November 7. 2001 NORTHERN CALIFORNIA 145 NORTH REDWOOD DRIVE, SUITE 200 SAN RAFAEL, CALIFORNIA 94903 (415) 491-8900 FAX (415) 491-8910 NATIONWIDE BANKRUPTCY REPRESENTATION Scott Dale Carla Dale 11 Texaco Road Mechanicsburg, PA 17050 Re: Aristar Loan No. CA048 00058388 Dear Mr. and Mrs. Dale: I have been retained for the purposes of collecting on above-referenced loan, secured by your residence. There currently is due approximately $1,771.50 plus late charges - as your loan is only paid through 5/1/01. Please call me to discuss your intentions as soon as possible. Michael S. Polk MSP:mz enclosure cc: Miranda Sievert SPECIAL NOTICE THE FOLLOWING NOTICE 1'S GI'VEN TO YOU I'N THE EVENT THAT THE FEDERAL FA'IR DEBT COLLECT'tONS ACT APPLIES TO THIS COMMUN?CATION. The following statement provides you with notice of certain rights which you may have by law. Nothinq in this statement modifies or chanqes the hearing date or response time specified in the attached documents or your need to take legal action to protect your rights in this matter. No provision of the following statement modifies or removes your need to comply with local rules concerning the attached documents. CONSUMER DISCLOSURE .... ~ This communication is made in an attempt to collect on a debt or judgment and anY information- obtained will be used for that pm'pose. Please be advised that if you notify ARISTAR MORTGAGE COMPANY attorneys in writing within 30 days that all or a part of your obligation or judgment to ARISTAR MORTGAGE COMPA~x~Y is disputed, then ARISTAR MORTGAGE COMPANY attorneys will mail to you a written ve'rification of the obligations or judgment and the amounts owed to ARISTAR MORTGAGE COMPANY. In addition and upon your written request within 30 days, I will provide you with the name and address of the original creditor, if different from the current creditor· VERIFICATION Aristar Mortgage and as such, amk~rized to make this Verification on its behalf and further that the facts set forth in the foregoing clocum~t are true and correct to the best of my knowledge, information, and belief. This verification is made subject to the penalties of 18 P~C.$.A. § 4904 relating to unswom falsifm~tion to authorities. SHERIFF'S RETURN CASE NO: 2001-07250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARISTAR MORTGAGE VS SCOTT DALE L ET AL - REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCOTT DALE L the DEFENDANT , at 1502:00 HOURS, on the 2nd day of January , 2002 at 11 TEXACO ROAD MECHANICSBURG, PA 17050 DALE SCOTT by handing to 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 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this [~.- day of ~ ~Q3~> ~ A.D. So Answers: R. Thomas Kline 01/03/2002 STEVEN EISENBERG By:f/~Dep~u ~ /i/~/~ ~e SHERIFF'S CASE NO: 2001-07250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARISTAR MORTGAGE VS SCOTT DALE L ET AL RETURN - REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCOTT CARLA the DEFENDANT at 1502:00 HOURS, on the 2nd day of January , 2002 at 11 TEXACO ROAD MECHANICSBURG, PA 17050 by handing to DALE SCOTT 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~¢~ day of o ~z~3 2-~ A.D. thonotary t t ~ So Answers: R. Thomas Kline 01/03/2002 STEVEN EI SENBERG Deput~ Sheriff