HomeMy WebLinkAbout04-3288HAROLD $, IlIWIN, II1~ ESQUIRE
ATIOIINEY ID NO. 2992O
64 SOUllf PITT STREET
CARLIBLE PA 17013
ATTORNEY FOR PLAiNTiFF
MARIEE I. MITCHELI~
Plaintiff
JULIE D. MEIER,
Defendant
IN THE COURT OF COMMON PLEAE OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN ABSUMP$1T
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 entedng a written appearance personally or by an attorney
and filing in wdting 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
Carlisle, PA 17013
(717) 243-3166
MARISE I, MITCHELL,
Pl.ilntlff
JULIE D. MEIER,
Defendant
IN THE COURT OF COMMON PLEA8 OF
CUMBERLAND COUNTY, PENN8YLVANIA
CIVIL ACTION - LAW
IN A88UMPSIT
COMPLAINT
NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files
this complaint, representing as follows:
1. The plaintiff is MARISE I. MITCHELL, formerly Marise I. Matthews, an
adult individual residing at 70 Rustic Drive, Shippensburg, Cumberland County,
Pennsylvania 17257.
2, The defendant is JULIE D. JUDY, formerly Julie D. Meier, an adult
individual residing at 6439 Union Court, Glen Burnie, Maryland 21061.
3. On January 29, 1998, at the special request and oral insistence of the
defendant, plaintiff loaned to the defendant the sum of $25,000.
4. Under the terms of the promissory note executed on January 29, 1998,
defendant agreed to repay the loan in monthly installments of at least $284, with
interest at the rate of 6 1/2 percent per annum. The principal and interest was to be
paid in full within ten years of the execution of the Note. A copy of the Note is
incorporated herein by reference and attached hereto as Exhibit "A".
5. The defendant has made only three payments of $284 since the inception
of the Note.
6. The plaintiff, individually and through her attorney, have made numerous
demands of the defendant to repay this loan, but defendant has failed and refused to
make any additional payments of any amount to the plaintiff and continues so to refuse.
7. The amount remaining sue and owing to the plaintiff is as follows:
Principal $25,000.00
Interest 10,427.34
Total $35,427.34
Less Payments -852.00
Total Due $34,575.34
WHEREFORE, plaintiff demands judgment against defendant in the sum of
Thirty-four Thousand Five Hundred and Seventy-five and 34/100 ($34,575.34) Dollars,
plus costs of this action.
June 30,2004
HAROLD S. IRWIN, III
Attorney for plaintiff
64 South Pitt Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court ID No. 29920
VERIFICATION
I hereby verify that I am the plaintiff in this action and that the facts in stated in
the above complaint are true and correct. I understand that false statements herein are
made subject to the penalties of Pa.C.S, Section 4904, relating to unswom falsification
to authorities.
June_'~ ,2004
MARISE I. MITCHELL
EXHIBIT "A"
This acknowledges that Julie D. Meier owes the sum of
$25,000 (Twenty five thousand dollars)
which is to be repaid within 10 years
6 1/2 % (six and one half per cent).
to Marise I~MatthewsV%~-~
at an interest rate of
The stated monthly payment is $284., however different
amounts and intervals are permitted and the accumulated
total over each twelve month period will govern the amount
of payments applied to principal and interest.
At the end of each 12 month period the following table
will be derived: Amount owed at start(a) x .065 =
Interest
Payments during period
Payment to pl~JncJpa2
(a) - (b) = new loan amount
less interest
Same calculation applies to second and subsequent 12
month periods until the principal reaches zero.
t
J~;lie D. Meier Dat~ '
SHERIFF'S RETURN
CASE NO: 2004-03288 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MITCHELL MARISE t
VS.
MEIER JULIE D (JULIE D JUDY)
CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,MEIER JULIE D (JULIE D JUDY) ,
prepaid, on the
6439 UNION COURT
GLEN BURNIE, MD 21061
and attested copy of the attached COMPLAINT & NOTICE
with
by United States Certified Mail postage
9th day of July ,2004 at 0000:00 HOURS at
receipt card was signed by JULIE D JUDY
07/13/2004
Additional Comments:
a true
Together
The returned
on
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
4 65
00
10 00
00
32 65
Paid by HAROLD S IRWIN
Sworn and subscribed to before me
this 2/~ day of ~/g~_ ~
~y A.D.
honorary
Sheriff of Cumberland County
on 07/16/2004
1, 2, and 3. Also complete is desired.
return the card to you.
to the back of the mailpiece,
J~y f/k/a Julie Meier
Court
MD 21061
7003 2260
3~11. ^ugust 20ol
3. Service Type
~ Certified Mail [] Express Mail
[] Registered [] Return Receipt1
[] Insured Mail ~ C.O.D.
4. Restricted Delivery? (Extra Fee)
0000 8707 2907
· Sender: Please pnnt ~l~ddress, and 71P 4 in this
CUMBERLAND COUNTY SHERIFF'S DEPARTMEN]'
ONE COURTHOUSE SQUARE
CARLISLE PA 17013
HAROLD E. IRWIN, Ill, ESQ
ATTORNEy ID NO. 29920
64 8OUTN PITT STREET
CARLISLE PA 17013
(7t7) 243-6090
ATTORNEY FOR PLAINTIFF
MARI8E I. MITCHELL,
Plaintiff
JULIE D. MEIER,
Defendant
: IN THE COURT OF COMMON PLEA
: CUMBERLAND CO"---~ - S OF
: '" ' ', PENNSYLVANIA
: CIVIL ACTION. LAW
: NO. 04. 3288 CIVIL TERM
: IN ASSUMPSiT
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please discontinue the above matter, without prejudice.
Attorney for Plaintiff-' -'~
64 South Pitt Street
Carlisle, PA 17013
717-243-6090
Supreme Court ID NO. 29920