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HomeMy WebLinkAbout11-4553Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C ", -n _ rn zM ma ? cnr- - c r -ta --4Cnk .?? "o a MAX FAHNESTOCK and DORIS FAHNESTOCK, Plaintiffs v. DONALD PAUL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.11- NOTICE CIVIL TERM 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 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 Plaintiffs. 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, 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 14" '(? fiff I'll, 1/4 s1 /-/? V//S e ,Z6Od?S%US? \\Mdwo02\sys\F1LES\C1ients\8549 Fahnestock\8549.15.com Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MAX FAHNESTOCK and DORIS FAHNESTOCK, Plaintiffs V. DONALD PAUL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.11- CIVIL TERM COMPLAINT AND NOW, come the Plaintiffs, Max Fahnestock and Doris Fahnestock, by their attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and in support of their Complaint, aver as follows: Plaintiffs are Max Fahnestock and Doris Fahnestock, adult individuals residing at 23 South Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant, Donald Paul, is an adult individual residing at 510 West Main Street, Elkland, Tioga County, Pennsylvania 16920. 3. On August 24, 2006, Plaintiff and Defendant entered into a promissory note whereby the Plaintiff loaned Defendant $30,498.96, at a 5% annual interest rate. The total amount of the promissory note including interest, was $37,299.04. The promissory note is attached as Exhibit "A". 4. The terms of the promissory note required that payments were to be made bi-monthly in the amount of $310.83 for a total of 120 payments. 5. Defendant made regular payments from the time he signed the promissory note up and until December 26, 2008. 6. Defendant has made no additional payments since December 6, 2008. 7. The current amount still owing on the promissory note, including interest calculated through May 2011 is $20,019.11. 8. Plaintiff made three additional loans to Defendant in 2007 in the folowing amounts at 5% interest: Defendants a) a loan of $2,000.00 on July 20, 2007; b) a loan of $3,000.00 on November 5, 2007; and c) a loan of $2,589.90 on November 19, 2007. 9. The total current amount owing with interest on the loans listed in Paragraphs 8a-8c is $9,068.68. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in the amount of $29,082.79, plus ongoing interest and costs of suit. MARTSON LAW OFFICES By: Katie J. ax 11, Esquir I.D. No. 018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiffs S ? 2 C-( ?? ? THIS IS A DEBT COLLECTION FIRM ATTEMPTING TO COLLECT A DEBT FOR MAX AND DORIS FAHNESTOCK. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A'' __r Promissory Note S 37,299.04 Principal Amount $30,498.96 Str+te of, Arkansas & FOR VALUE RECEIVED, the undersigned hereby jointly and severally promise to pay to the der a Max A. -ei ?_ nety- Doris E. Fahnestock the sumotThirty thous a --nd four hundred nine ? - - _ ----------1 Ilars _?w-4` 9?- , c ni together with interest thereon at the rate of Five _ % pei annum on the unpaid balance. Said sum s?iall be paid in the manner following: In equal Bi-monthly amounts of Three hundred, ten dollars and eighty-thre( cents ($310.83) for a period of one hundred twenty (120) payments. Payments shall start on 9/8/06 by [Waking xfer deposits from Don Paul's Belco account to the Fahnestocks' Belco account every two weeks. All payments shall be first applied to interest and the balance to principal. All prepayments shall be applied in reverse order of maturity. This note may be prepaid, at any time, in whole or part, without penalty. This note shall at the option of any holder hereof be immediately due and payable upon the occurrence of any of the following: 1. Failure to make any payment due hereunder vvithin_30.__ clays of its clue date. 2. Breach of any condition of any security interest, mortgage, pledge agreement or guaranty granted as collateral security for this note. 3. Breach of any condition of any security agreement or mortgage, if any, having a priority over any security agreement or mortgage on collateral granted, in whole or in part, as collateral security for this note. 4. Upon the death, dissolution or liquidation of any of the undersigned, or any endorser, guarantor or surety hereto. 5. Upon the filing by any of the undersigned of an assignment for the benefit of creditors, bankruptcy or for relief under any provisions of the Bankruptcy Code; or by suffering an involuntary petition in bankruptcy or receivership not vacated within 30 clays. In the event this note shall be in default, and placed with an attorney for collection, them the undersigned agree to pay all reasonable attorney fees and costs of collection. Payments not made within five (5) days of due date shall be subject to a late charge of % of said payment or b All payments hereunder shall be made to such address as may from time to time be designated by any holder hereof. The undersigned and all other parties to this note, whether as endorsers, quarantors or sureties, agree to remain fully bound hereunder until this note shall be fully paid and waive demand, presentment and protest and all notices thereto and further agree to remain bound, notwithstanding any extension, renewal, modification, waiver, or other indulgence by any holder or upon the discharge or release of any obligor hereunder or to this note, or upon the exchange, substitution, or release of any collateral granted as security for this note. No modification or indUlgence by any holder hereof shall be binding unless in writing; and any indulgence on any one occasion shall not be an indulgence for any other or futrue occasion. Any modification or change of terms, hereunder granted by any holder hereof, shall be valid and binding upon each of the undersigned, notwith- standing the acknowledgment of any of the undersigned, and each of the undersigned (foes hereby irrevocably grant to each of the others a power of attorney to enter into any such modification on their behalf. The rights of any holder hereof shall be cumulative and not necessarily successive. This note shall take effect a,, a sealed instrument and Shall be construed, governed and enforced in accordance with the laws of the State first appearing at the head of this note. 1-he undersigned hereby execute this note as principals and not as sureties. 24,_, 20 06 .wnvsocrares.com : o, .1, Socrates Media. LLC `193 • Rev 0dl04 Signed in the presence of: Witness. Witness: b<].JAJ?4 iv ? p 144 GUARANTY t3orrower:.- ? kmz Donald L. Paul 1301-rower: r--I? ? We the undersigned jointly and severally guaranty the prompt and punctual payment of all moneys due under the aforesaid note and agree to remain bound until fully paid. In the presence of: Witness: Witness: (Seal) Notarized by: Borrower) Guarantor: Jae?41-4 L 2U? Donald L. Paul Guarantor: ?? C A. Tuck Counrv Of Jonnsor. Notary Public - A.: kansas 7Q-'Y 7HT?tission Exp. 08111/201-i Attachment: 1 CulCLilu'ti0ii Of L c3} Ui3C'Lx- T! L til iidl Cll U/ me wwwsocratcs.com 8/23/06 DON PAUL LOAN Calculation of Payback Terms Total Balance of Loan on 1/3/05 5% Interest added for 2005 $30,498.95 57o Interest added for 1/1/06-8/31/06 1,524.95 Total to be financed 1,016.63 $33, 0-. Given PV =$33,040.54, I = M. No. of Payments = 120 (Every two weeks _or 5 vPars) , Rani 11ni n¢ ., ?, Mx-',p na,mpnr - ? 31 v ??.?,3 Total to be paid = $310.83 x 120 - $37,299.04 Don's Payroll deductions started 8/25/06 $325.00 every two weeks Start BELCO xfers to Max's account on 9/8/06, $310.83 every two weeks. Max AMORIZATION SCHEDULE September 27, 2005 Monthly Bi-Weekly $30,498.96 $589.63 $294.50 $294.82 Payment # Interest Principal Balance 1 $ 76.25 $ 218.25 $30,280.71 2 75.70 218.80 30,061.91 3 75.15 219.35 29,842.56 4 74.61 219.89 29,622.67 5 74.06 220.44 29,402.23 10 361.99 1,110.51 28,291.72 15 348.04 1,124.46 27.167.26 20 333.90 1,138.60 26,028.66 25 319.61 1,152.89 24,875.77 30 305.13 1,167.37 23,708.40 40 566.07 2,378.93 21,329.47 50 505.91 2,439.09 18,890.38 60 444.27 2,500.73 16,389.65 70 381.02 2,563.98 13,825.67 80 316.20 2,628.80 11,196.87 90 249.75 2,695.25 8,501.62 100 181.59 2,763.41 5,738.21 110 111.74 2,833.26 2,904.95 120 40.08 2,904.92 .03 120 payments X $294.50 = $35,340 $35,340 - 30,498.96 = $4,841.04 (Interest) For Promissory Note between Donald Paul (Borrower) and Max A. & Doris E. Fahnestock (Guarantors) Partial Schedule shown - Guarantor will provide additional payment information as needed. VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to my counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Max Fahnestock Doris Fahnestock SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor v OF T AR,; HE P OTHONOT 2011 JUN 29 AN 9: 22 CUM8ERLAN0 COUNTY PENNSYLVANIA Max Fahnestock (et al.) vs. Donald Paul SHERIFF'S RETURN OF SERVICE Case Number 2011-4553 05/25/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Donald Paul, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Tioga County, Pennsylvania to serve the within Complaint and Notice according to law. 06/23/2011 Tioga County Return: And now, June 23, 2011 I, Thomas A. Young II, Sheriff of Tioga County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Donald Paul the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Tioga and therefore return same NOT FOUND. Request for service at 510 W. Main Street, Elkland, Pennsylvania 16920 the Defendant was not found. SHERIFF COST: $37.44 June 27, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c; C0un?ySW0 Snenff Te!ecs rt Inc SHERIFF'S OFFICE OF TIOGA COUNTY Thomas A. Young II Sheriff Thomas G. Smith Chief Deputy Christina Christman Civil Division Tammi Perla Criminal Division MAX FAHNESTOCK (et al.) Case Number vs. CUMBERLAND COUNTY DONALD PAUL SHERIFF 11-4553-CV SHERIFF'S RETURN OF SERVICE 06/23/2011 09:00 AM - CHIEF DEPUTY THOMAS G. SMITH, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: DONALD PAUL, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT & NOTICE AS "NOT SERVED" AT 510 W MAIN ST, EKLAND, PA 16920. OUR DEPUTY MADE NUMEROUS ATTEMPTS AT SERVICE AND LEFT NOTICES WITH NO RESPONSE FROM THE DEFENDANT. SHERIFF COST: $90.00 June 24, 2011 COSTS SO ANSWERS, THOMAS A. YOUNG II, SHERIFF DATE CATEGORY MEMO CHK # DEBIT CREDIT 05/26/2011 Advance Fee Advance Fee 24032 $0.00 $200.00 06/24/2011 Docket $9.00 $0.00 06/24/2011 No Service $5.00 $0.00 06/24/2011 Notary Fee $2.50 $0.00 06124/2011 Postage $1.50 $0.00 06/24/2011 Service Mileage $72.00 $0.00 06/24/2011 Refund 15152 $110.00 $0.00 $200.00 $200.00 BALANCE: L. $0.00 Plaintiff Attorney. MARTSON LAW OFFICE, TEN EAST HIGH STREET, CARLISLE, PA 17013 cjC;oi.mty.z eP,h.df rel,-asoY4 SHERIFF'S OFFICE OF TIOGA COUNTY Thomas A. Young II Sheriff w Thomas G. Smith Chief Deputy Christina Christman Civil Division Tammi Perla Criminal Division MAX FAHNESTOCK (et al.) Case Number vs. DONALD PAUL CUMBERLAND COUNTY SHERIFF 11-4553-CV SHERIFF'S RETURN OF SERVICE 06/23/2011 09:00 AM - CHIEF DEPUTY THOMAS G. SMITH, BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: DONALD PAUL, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT & NOTICE AS "NOT SERVED" AT 510 W MAIN ST, EKLAND, PA 16920. OUR DEPUTY MADE NUMEROUS ATTEMPTS AT SERVICE AND LEFT NOTICES WITH NO RESPONSE FROM THE DEFENDANT. THOMAS G. SMIT ,DEPUTY June 24, 2011 -- - - - -- ----- - - ----- - ----- ----- ----------- ---- ------ NOTARY Affirmed and subscribed to before me this day of Men Plaintiff Attorney. MARTSON LAW OFFICE, TEN EAST HIGH STREET, CARLISLE, PA 17013 ?r , C- my i o Six v ff e7 asuft .. , F\FILFSTlients\8549 Fahneslock\8549.15.com Katie J. Maxwelll, Esquire Z j L LU - I C Attorney I.D. Nio. 206018 'x- TI i MARTSON D4ARDORFF WILLIAMS OTTO GILROY & FALLER ZD I 1 AUG -I AM 11; 2 r MARTSON LAW OFFICES Ten East High Street CUMBERLAND COUNT' ' Carlisle, PA 17013 PENNSYLVANIA (717)243-33411 Attorneys for Pl? intiff MAX FAHNES OCK and DORIS FAHN STOCK, Plaintiffs v DONALD PAUL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11 - 4553 CIVIL TERM PRAECIPE To the the Complaint in the above-referenced matter. MARTSON LAW OFFICES By: 'Katie J. >fmwell, F I.D. o. 06018 10 Ea igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: THIS IS A DEBT COLLECTION FIRM ATTEMPTING TO COLLECT A DEBT FOR MAX AND DORIS FAHNESTO? K. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I ad ay3d, ?' ? a a sy3 F:\FILES\Clients\8549 Fahnestock\8549.15\8549.15.pra.reinstate2 Katie J. Maxwell, Esquire ` z 4'r1E PR THE , Attorney I.D. No. 206018 ± MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER AUG _2 PM? 51 7312 MARTSON LAW OFFICES Ten East High Street ?,UtJBERLAND cOUHT t Carlisle, PA 17013 PEOSYLVAN1 A (717) 243-3341 Attorneys for Plaintiff MAX FAHNESTOCK and DORIS FAHNESTOCK, Plaintiffs V. DONALD PAUL, To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI NO. 11 - 4553. CIVIL TERM PRAECIPE Please reinstate the Complaint in the above-referenced matter and return same to undersigned for service. MARTSON LAW OFFICES By: Katie J. ell, Esquire I.D. N6-106018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: August 3, 2012 THIS IS A DEBT COLLECTION FIRM ATTEMPTING TO COLLECT A DEBT FOR MAX AND D FAHNESTOCK. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. a*4% ll -1s a s Ia Defendants F:`FILGS\Clients\8549 Fahnestock\8549. I S\8549. I S.acceptance of service 4^ ~ r - .~ r^' .' Katie J. Maxwell, Esquire ~~ T~~~~~~~#~~; Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLEN AU6 ~~ pM f2= Q3 MARTSON LAW OFFICES Ten East High Street . ,,~~- TY Carlisle, PA 17013 ' (717) 243-3341 Attorneys for Plaintiff MAX FAHNESTOCK and IN THE COURT OF COMMON PLEAS OF DORIS FAHNESTOCK, :CUMBERLAND COUNTY, PENNSYLVANIA, Plaintiffs v. NO. 11 - 4553 CIVIL TERM DONALD PAUL, Defendant AFFIDAVIT OF SERVICE I, Anthony Morelli, being duly sworn according to law, depose and state that a copy of attached Complaint was personally served by me on Donald P ul at ~~i~ ~.[E~it''Ga~.c' ~y..~ T/D6A County, Pennsylvania, on /~'~i~/G,r.~ST , 2012, at 4.',30 a.m.~"m. Anthony Sworn to and su cribed before me this ~Tday of U , 2012. 9 a ~_ Notary ublic COMMONWEALTH AF PENNSYLVANI . NOTARIAL $EAL JOYCE C. D'ALLESANDRO, NOTARY PUBIJ TOWANDA BORO, BRADF~tD COUNTY MY COMMISSION EXPIRES &23-2014 THIS IS A DEBT COLLECTION FIRM ATTEMPTING TO COLLECT A DEBT FOR MAX AND D FAHNESTOCK. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.