HomeMy WebLinkAbout04-4418 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WELLS FARGO BANK, N.A., a ) CIVIL DIVISION
NATIONAL BANKING ASSOCIATION, )
> No.:
Plaintiff, )
) Code:
VS.
)
)
EARL WOLFE and TRI COUNTY )
PAINTING, )
) COMPLAINT - CIVIL ACTION
Defendants. )
)
)
) Filed on Behalf of:
) WELLS FARGO BANK, N.A., a
) NATIONAL BANKING ASSOCIATION,
) Plaintiff.
)
)
)
)
) Counsel of Record For
) This Party:
) REBECCA KEATING
) LEVENTOPOULOS, ESQUIRE
) Pa. I. D. # 90439
)
) Payne, Welsh & Klingensmith
) 105 Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
) Firm #658
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WELLS FARGO BANK, N.A., a ) CIVIL DIVISION
NATIONAL BANKING ASSOCIATION, )
) No.:
Plaintiff, )
) Code:
)
VS. )
)
)
EARL WOLF and TRI COUNTY )
PAINTING, )
)
Defendants. )
)
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, by entering a written appearance personally or by an 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 ease 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, 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 REDUCED FEE OR NO FEE
Lawyer Referral Service
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
1-717-240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WELLS FARGO BANK, N.A., a ) CIVIL DIVISION
NATIONAL BANKING ASSOCIATION, )
Plaintiff, )
) Code:
)
)
)
EA~ WOLFE ~d T~ CO~Y )
P~T~G, )
)
Defenders. )
)
COMPLAINT- CIVIL ACTION
AND NOW, comes the Plaintiff, Wells Fargo Bank, N.A., a National Banking
Association by and through its attorneys, Rebecca Keafing Leventopoulos, Esquire, and Payne,
Welsh & Klingensmith, and files the within Complaint in Civil Action and in support thereof
avers as follows:
1. Plaintiff, Wells Fargo Bank, N.A. a National Banking Association, is a corporation
with an office located at 1221 N. College Avenue, Tempe, Arizona and is engaged in the
business of consumer and commercial credit.
2. Defendant, Tri County Painting, is a business with an address located at 1605 Orrs
Bridge Rd., Enola, PA 17025.
3. Defendant, Earl Wolfe, is an adult individual believed to have an address located at
1605 Orrs Bridge Rd., Enola, PA 17025.
4. Defendants, Earl Wolfe and Tri County Painting applied for a business line of credit in
the amount of $5,000.00 from Plaintiff on or about November 5, 2002. An Affidavit signed by
an agent of Plaintiff verifying same is attached hereto marked as Exhibit "A" and is incorporated
by reference.
5. Plaintiffapproved said application and extended a line of credit in the amount of
$5,000.00 to Defendants on or near that same date and time.
6. The terms of the extension of credit issued by Plaintiff to Defendants was for the
aforesaid amount of $5,000.00, at an interest rate of 21.99% per atmum, payable in monthly
installments of principal and interest.
7. Defendants are in default of the terms of the extension of credit, having not made
payment to Plaintiff as promised since December 3, 2003 thereby rendering the entire unpaid
balance immediately due and payable.
8. The current balance owed by Defendants on this matter is $5,528.52 plus interest from
March 8, 2004 as evidenced by an Affidavit signed by an agent of Plaintiff. A tree and correct
copy of said Affidavit is attached hereto and made part hereof and marked as Exhibit "B".
9. Plaintiffavers that per the Agreement between the parties that Defendants will pay
Plaintiff's attorney's fees.
10. Plalntiffavers that such attorney's fees will amount to $1,500.00 should this matter
proceed to trial.
11. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed
and/or refused to pay the principal balance, finance charges, attorney's fees or any part thereof
owed to Plaintiff regarding this account.
12. Plaintiff has suffered damages in the amount of $7,028.52 as a result of the breach by
Defendants.
WHEREFORE, Plaintiff, Wells Fargo Bank N.A. a National Banking Association,
demands Judgment in its favor and against the Defendants, Earl Wolfe and Tri County Painting,
in the amount of $7,028.52 with continuing finance charges thereon plus costs, fees and any other
relief this Court deems proper.
TI{IS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED SHALL BE USED FOR THAT PURPOSE.
Respectfully submitted,
Rebecca Keating Leventopoulo~, Esquire
Pa. I.D. #90439
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CWIL DWISION
WELLS FARGO BANK, N.A., a ) CIVIL D/VISION
NATIONAL BANKING ASSOCIATION, )
) No.:
Plaintiff, )
) Code:
)
)
)
EARL WOLF and TRI COUNTY )
PAINTING, )
')
Defendants. )
AFFIDAVIT
I, ~'7~'47~2 ~an employee of Wells Fargo Bank, N.A., a National Banking
Association, do affirm that the amount owed by Earl Wolfe and Tri County Painting is $5,528.52
plus interest from March 8, 2004.
~, an employee
of
Wells Fargo B/~, N.A., a National
Banking A~,~tion
SWORN TO AND SUBSCRIBED
BEFORE ME TI:tIS ~
' ~] M~Coun~ - ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CWIL DMSION
WELLS FARGO BANK, N,A' a ) CIVIL DIVISION
NATIONAL BANKING ASSOCIATION, )
) No.:
Ptakntiff, )
) Code:
)
*vS. )
)
)
EARL WOLF and TRI COUNTY )
PAINTING, )
)
Defendants. )
AFFIDAVIT
I,t~/ga~'t~,, an employee of Wells Fargo Bank, N.A., a National Banking
Association, do affirm that Earl Wolfe and Tri County Painting applied for a business line of
credit in the mount of $5,000.00 from Plaintiff on or about November 5, 2002.
(..5~'~; ~, an employee of
Wells Fargo Bank, N.A., a National
Banking Association
SWORN TO AND SU~SCRIBED
BEFORE METHIS ~
OAIL BROCKMEYER
~ ~.~Notaty Pul~: - A~lzona
. ~ M~rlcopa Count~
* My Comm. ExT.'es Apr 25, 2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WELLS FAR(K) BANK, N.A., a ) CIVlI. DIVISION
NATIONAL BANKINO ASSOCIATION, )
} No.:
Plainiiff, )
) Co~:
VS.
EARL WOLF and TRI COUNTY )
PAINTING, )
)
D~fendants. )
.VERIi~ICATION
Association haw read ~c for~oi~[; COMPLAII~IT and v~rif), that tl~ statemenls therei~ ~re
correct fo the best o£rny p~rsonal Pmowl~ige, information a~4/or belieg
This verification is made subj.! to t~ p~nal£ies of 1 ~ PA, C.S.A. Section 4904, relatinl~
to unswom falsification to authorities, wbioh provides thai if I mak~ lmowin~ly false sta~raent.s I
may be subiect lo criminal penalties.
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04418 P
COMMONWEALTH OF PEA!NSYLVANIA:
COUNTY OF CLrMBERI2~ND
WELLS FARGO BANK NA
VS
WOLFE EARL ET AL
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
WOLFE EARL the
DEFENDANT , at 1912:00 HOURS, on the 13th day of September, 2004
at 306 2ND STREET
SLrMMERDALE, PA 17093 by handing to
EARL WOLFE
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: So Answers:
Docketing 18.00
Service 11.84 ~~~.~ f~_~
Affidavit .00 ,
Surcharge 10.00 R. Thomas Kline
.00
39.84 09/14/2004
PAYNE WELSH KLINGENSMITH
Sworn and Subscribed to before By: ~ /~ ~
'
me this /~ day of y Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04418 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WELLS FARGO BA~NK NA
VS
WOLFE EARL ET AL
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
TRI COUNTY PAINTING the
DEFENDANT , at 1912:00 HOURS, on the 13th day of September, 2004
at 1605 ORRS BRIDGE ROAD
ENOLA, PA 17025 by handing to
EARL WOLFE, ADULT IN CHARGE
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: So Answers:
Docketing 6.00 ~..,.~,~
Service .00 ~- ,~ .
Affidavit ,00 '7/'~ "'~"~
Surcharge 10.00 R. Thomas Kline
.00
16.00 09/14/2004
PAYNE WELSH KLINGENSMITH
Sworn and Subscribed to before By:
me this ]4 ~ day of heriff
~f]~-~ ~ov~ A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WELLS FARGO BANK, N.A., a ) CIVIL DIVISION
NATIONAL BANKING ASSOCIATION, )
) No.: 04-4418
Plaintiff, )
vs. ) Code:
)
)
)
EARL WOLFE and TRI COUNTY )
PAINTING,
)
) PRAECIPE FOR DEFAULT
Defendants. ) JUDGMENT
)
)
) Filed on Behalf of:
) WELLS FARGO BANK, N.A., a
) NATIONAL BANKING ASSOCIATION,
) Plaintiff.
)
)
)
)
) Counsel of Record For
) This Party:
) REBECCA KEATING
) LEVENTOPOULOS, ESQUIRE
) Payne, FFelsk & Klingensmitk
) 105 Penn Plaza
) Turtle Creek, pA 15145
) (412) 823-8100
)
JURY TRIAL DEMANDED ) Firm #658
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WELLS FARGO BANK, N.A., a ) CIVIL DIVISION
NATIONAL BANKING ASSOCIATION, )
) No.: 04-4418
Plaintiff, )
) Code:
)
VS.
)
)
)
EARL WOLFE and TRI COUNTY )
PAINTING,
)
)
Defendants. )
)
PRAECIPE FOR DEFAULT JUDGMEN.
TO: Cumberland County Prothonotary's Office
I Courthouse Square
Carlisle, PA 17013-3387
Kindly enter judgment in favor of the Plaintiffand against the above named Defendant in
the amount of $7,028.52, plus costs and interest. An Important Notice was served upon Defendants
on October 5, 2004 and is hereby attached as Exhibit "A".
Respectfully Submitted,
Payne, Welsh & Klingensmith,
By: Rebecca Keati~g L~ven~oulos
Pa. I.D. No. 90439
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA
CIVIL DIVISION
WELLS FARGO BANK, N.A., a ) CIVIL DIVISION
NATIONAL BANKING ASSOCIATION, )
) No.:
Plaintiff.. )
vs. ) Code:
)
)
EARL WOLFE and TRI COUNTY )
PAINTINO, )
)
) IMPORTANT NOTICE
Defendants. )
)
)
) Filed on Behalf'of:
) WELLS FARGO BANK, N.A., a
) NATIONAL BANKING ASSOCIATION,
) Plaintiff.
)
)
)
)
) Counsel of Record For
) This Party:
) REBECCA KEATTNG
) LEVENTOPOULOS, ESQUIRE
) Pa. I. D. # 90439
)
) Payne, Welsh & fflingensmith
) 105 Penn Plaza
) Turtle Creek, PA 15145
) (412) 823-8100
)
JURY TRIAL DEMANDED~trm #658
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DMSION
WELLS FARGO BANK., N.A., a ) CIVIL DIVISION
NATIONAL BANKING ASSOCL4T/ON, )
Plaintiff, ) No.:
) Code:
vs. )
)
EARL WOLFE and TRI COUNTy )
PAINTING, )
)
l~feodunts. )
)
TO: Earl Wolfe
160:50rrs Bridge Road Tfi County Painting
Enola, PA 1702;5 160:50rrs Bridge Road
Enola, PA 1702:5
Da~e Of Notice .~CXD~/
IMPORTANT NOTIC~
YOU ARE IN DEFAULT BECAUsE YOU HAVE FAILED TO
PEnSONALL¥ OR nv A~'O~
OBJECTIoNs T V AND FILE IN ENTER A
_ o T~ CL~MS . _ WeaTING WIT __w_~u'rrEa
FROM THE o SET FORTH H THE COUR CE
ATE OF THIS AGAINST YOU
HEARINGssn~, ..... NOTICE, AJUDC. Mu.~_ · UNLESSYOU ,-~ ...... ~ESOR
'~,~, zvo MAy LOSE v,~, ..... _----~~ i MAY BE ENTUu,- --- A,. · w~ ~ HIN TEN DAV~
-~,oK rROPERTY OR rv~----d-'-'-~u A~AINST 'YOU WITUn~- ~'
YOU SHOULD ~' ..... "' ~K ~MPORTANT RIGHTR ------,, ·
LAWYZ~ GO tO ~,'~,'-'~-~ ~AF~ tO YOUR L .
PROVID ~ ~ z~'EPHONE AWYER AT ONCE.
E YOU WITH I~t~w~ .... THE OFFICE SET FOn~-- .... IF YOU DO NOT
· '"'"~na'rlON ABOUT HIRING ,-·n "z~OW. THIS OFFICE C "'~
· A LAWYER. AN
IF voo cANNot A~o~ tO H
ZLIG~L~ ~E~T~.~_~ON A~OUT AGENC~E~ ~ THa O_mcE ~A~ ~E A~L
--.o~,~ Ar A REDUCED ~THAT MAY O~'FE E TO PROVIDE
FEE OR NO FEE. R LEGAL SERVIcF~ TO
Cumberland County Lawyer Referral Servlee
4a Floor, CUmberland County Coorthouse
Carlisle, AP 17013
i-717-240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy.
CIVIL DIVISION PENNSYLVANIA
WELLS FARGO BANK, N.A., a ) CIVIL DIVISION
NATIONAL BANKJNG ASSOCIATION,
Plaintiff, ) No.:
) Code:
vs. )
)
EARL WOLFE and TRI COUNTY )
PAINTING, )
)
Defendants. )
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy or,he wifl~in IMPORTANT NOTICE was
served by U.S. Mail, firs~ class, postage prepaid, upon the following this $~h day of
October, 2004.
Earl Wolfe
1605 Orrs Bridge Road
Enola, PA 17025
Tri Coumy Painting
160:50rrs Bridge Road
Eno/a., PA ! 7025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
WELLS FARGO BANK, N.A., a ) CIVIL DIVISION
NATIONAL BANKING ASSOCIATION, )
) No.: 04-441 g
Plaintiff, )
) Code:
)
YS, )
EARL WOLFE and TRI COUNTy )
PAINTING, )
)
Defendants. )
CERTIFICATE OF SERVICE
I hereby certify that a true and correc! copy of the within PRAECIPE FOR DEFAULT
JUDGMENT was served by U.S. Mail, first class, postage prepaid, upon the following this /c~
day of October, 2004.
Earl Wolfe
1605 Orrs Bridge Road
Enola, PA 17025
Tri County Painting
1605 Orrs Bridge Road
Enola, PA 17025
Rebecca K~ting Leventopoulg~, Escmire / - '~
PA I.D. 90439 q