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HomeMy WebLinkAbout01-3088 ALLFIRST BANK, Successor to : IN THE COURT OF COMMON PLEAS Dauphin Deposit Bank & Trust Company. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. :No. C,,- : VICTOR D. MACOMBER and : WANDA W. MACOMBER, his wife, : Individually and Jointly, : Defendants : 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 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. LAWYER REFERAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or {800) 990-9108 Notice Reauired Under the Fair Debt Collection Practices Act, lS U.S.C. §1601 amended) and the Pennsylvania Unfair Trade Practices Act and Cons~smer Protection Law, 7'~ Pa. Con. Stat.Ann. §201, et seq. ("The Acts"). To the extent that the Acts may apply, please be advised of the following: !. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiffwho is named in the attached Complaint and/or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law firm, unless the debtors/mortgagors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors/mortgagors notify the creditor's law finn in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law finn will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law finn. 5. If the creditor who is named as Plaintiffin the attached Complaint is not the original creditor, and if the debtor/mortgagor makes written request to the creditor's law finn within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law finn. 6. Written request should be addressed to: Marc A. Hess, Esquire HENRY & BEAVER LLP 937 Willow Street P.O. Box i 140 Lebanon, PA 17042-1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Lebanon County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court please contact the Court Administrator's Office at (717) 274-2801, ext. 2352. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. ALLFIRST BANK, Successor to : IN THE COURT OF COMMON PLEAS Dauphin Deposit Bank & Trust Company, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. VICTOR D. MACOMBER and : WANDA W. MACOMBER. his wife, : Individually and Jointly, : Defendants : COMPLAINT 1. Plaintiffis Allfirst Bank, successor to Dauphin Deposit Bank & Trust Company, with an office located at 213 Market Street, Harrisburg, Pennsylvania 17105. 2. Defendants are Victor D. Macomber and Wanda W. Macomber, his wife. individually and jointly, last known to reside at 3452 Lisbum Road, Mechanicsburg, Pennsylvania 17055. 3. On or about October 7, 1997. the Plaintiffand Defendants entered into a Prestige Home Equity Line-of-Credit Account Agreement. wherein the Defendants agreed to the terms of a line-of-credit loan from Plaintiffup to a principal sum of One Hundred Thousand Dollars ($100,000.00). A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Defendants have completely drawn the full principal balance of the line-of-credit loan in the amount of One Hundred Thousand Dollars ($100,000.00). 5. Defendants are in default of their obligation to Plaintiff as they have not made a payment to Plaintiffon the obligation as required since March 15, 2001, and as a result thereof Plalntiffhas demanded payment in full of the obligation, which demand has been ignored. 6. As a result of the Defendants' default and failure to meet demand for payment in full, the obligation is currently past due and owing as follows: Principal - $100,000.00 Interest to 5/18/01 - 1,783.36 Late Fees - 36.39 Total - $101,819.75 Together with interest which continues to accrue at the contract rate ($21.92 per diem), all court costs and fees, as well as reasonable attorney's fees incuned by Plaintiff in order to collect this account. WHEREFORE, Plalntiffdemands judgment be entered in its favor and against the Defendants as follows: Principal - $100,000.00 Interest to 5/18/01 - 1,753.36 Late Fees - 36.39 Total - $101,819.75 Together with interest which continues to accrue at the eons'act rate ($21.92 per diem), all court costs and fees, as well as reasonable attorney's fees incurred by Plaintiff in order to collect this account. HEN~ LLP By: / ~"~.~_~~~'~,/" Marc A. Hess I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. ALLFIRST BANK Assistant Vice President '.'"".,,', ,,,', L,,cr'vo, ~ ,'.~nar, .~NL~ I HU~ I' COMPANY I~'eetlgu Hume Equity Line of Credit Ateeunt Agremnun! 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MATI:I~AL OgLIOATIOIII, - IlS S~m~B~r m_l ,lee the, Umg~w~d. PrDp~t), ody fw t~fwon~, bmiv g~d Ieu~ftdd ~Ce~ ceq,mlie~ may rg!ull b the mb°Hie. fA~ ~ge. m~lt..~t Ir?.rance cempmt. ~lllde te Ler4af. Al .P~Ua alta~ be b ~ PREPA'fISENT....~r m~f Hre~a.f tie Oulslaml[ng ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : : No. 01-3088 VICTOR D. MACOMBER and : WANDA W. MACOMBER, his wife, : Individually and Jointly, : Defendants : PRAECI~E TO THE PROTHONOTARY: SETTLE & DISCONTINUE - Without Prejudice SATISFY DATE: , 2001 HENRY & BEAVER LLP By: M~~' I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Plaintiff Il ALLFIRST BANK, Successor to : IN THE COURT OF COMMON PLEAS Dauphin Deposit Bank & Trust Company. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW : vs. ::N°' VICTOR D. MACOMBER and : WANDA W. MACOMBER, his wife, : Individually and Jointly, : Defandants : PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Marc A. Hess, Esquire of the law firm of Henry & Beaver LLP. whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorney for Allfirst Bank. the Plaintiff in the above-captioned matter. Date: . ,2001 HENRY/~Sb.B~AVE~R LLP By: I.D. #55774 SHERIFF'S RETURN - REGULAR CASE NO: 2001-03088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS MACOMBER VICTOR D ET AL DEP SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MACOMBER VICTOR D the DEFENDANT , at 1057:00 HOURS, on the 24th day of May , 2001 at 3452 LISBURN RO~_D MECHANICSBURG, PA 17055 by handing to WANDA MACOMBER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 HENRY & BEAVER Sworn a~%d Subscribed to before By: me this 3~ ~' day of ~ ~! A.D. ; P~othonot ary SHERIFF' S RETURN - REGULAR CASE NO: 2001-03088 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK VS MACOMBER VICTOR D ET AL DEP SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MACOMBER WANDA W the DEFENDANT , at 1057:00 HOURS, on the 24th day of May , 2001 at 3452 LISBURN ROAD MEC~ANICSBURG, PA 17055 by handing to WANDA~COMBER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6 00 Service 00 Affidavit 00 Surcharge 10 00 R. Thomas Kline 00 1600 05/25/2001 HENRY & BEAVER Sworn and Subscribed to before By: ~/D~epu~h~/eri'ff~-' me this ~-~' day of /P~othonotary ° ' ' I ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : No. 01-308~ VICTOR D. MA. COMBER and : WANDA W. MACOMBER, his wife, : Individually and Jointly, : Defendants : ORDER OF COURT AND NOW, to wit. this I/." day of ~'~e ,2001, upon Motion of Allfirst Bank, it is hereby ORDERED that tbe judgment entered by confession to the above term and action number is VACATED without prejudice to Plaintiff to pursue collection of the debt due and stated therein at a later date if necessary. The debt has not been paid in full. BY THE COURT, ALLFIRST BANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : No. 01-308~ VICTOR D. MACOMBER and : WANDA W. MACOMBER, his wife, : Individually and Jointly, : Defendants : MOTION TO VACATE ,IUDGMENT WITHOUT PRE,JUl)ICE TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW, Marc A. Hess, attorney for Plaintiff, Allfirst Bank, and requests the Court vacate the confessed judgment entered to the above term and action number without prejudice as follows: 1. Plaintiff flied a Complaint in Confession of Judgment and Confession of Judgmant on May 21, 2001 to the within term and action number. 2. Judgment by Confession was entered by the Prothonotary in the above matter on May 23, 2001. 3. Plaintiff wishes that said judgment be vacated without oreiudiee to pursue judgment at a later date if necessary. The principal debt due as stated in the confessed judgment has not been paid in full. WHEREFORE, Plaintiff requests the Court issue an Order vacating the judgment entered by confession in the above matter without prejudice to Plaintiffto pursue collection of the real debt stated therein at a later date if necessary. Respectfully submitted, HENRY~ I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Motion to Vacate Judgment Without Prejudice are true and correct. I understand that false statements herein are made subject to the penalties o£ I 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Lisa I. Fox, of the finn of Henry and Beaver, LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Motion to Vacate Judgment Without Prejudice by regular United States mail, postage prepaid, on July ~ , 2001, to the following: Stephen Nudel, Esquire 219 Pine Street Harrisburg, PA 17101 Mr. Victor D. Macomber 3452 Lisburn Road Mechanicsburg, PA 17055 Mrs. Wanda W. Macomber 3452 Lisburn Road Mechanicsburg, PA 17055 L~A I. F.OX