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HomeMy WebLinkAbout12-3145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK CIVIL DIVISION - , , successor by merger to Graystone Bank, ??-3??f5 l,ivil Plaintiff, NO... vs. TYPE OF PLEADING: BRUCE C. DOUPE, JR. and CIVIL ACTION - COMPLAINT SHANNON M. DOUPE, IN BREACH OF CONTRACT Defendants. FILED ON BEHALF OF: Susquehanna Bank successor by merger to Graystone Bank, Plaintiff TO: DEFENDANT(s) COUNSEL OF RECORD FOR THIS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY: UNCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT Scott A. Dietterick, Esquire MAY BE ENTERED AGAINST YOU. Pa. I.D. #55650; sad@jsdc.com RAV C Kimberly A. Bonner, Esquire Pa. I.D. #89705; kab@jsdc.com ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: JAMES, SMITH, DIETTERICK & CONNELLY, LLP 13511 Label Lane Hagerstown, MD 21740 AND THE DEFENDANT(S): P.O. Box 650 960 Alexander Sprin Road Hershey, PA 17033 Carlisle, PA 17015 AJTORNEY FOR PLAINTIFF (717) 533-3280; (717) 533-2795 (Fax) 6 ?V_+ % I b:S. 7,5JDd Clw1a1q/ 3N 0148-7 SL/99 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER. YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A. DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger CIVIL DIVISION to Graystone Bank, Plaintiff, NO.: vs. BRUCE C. DOUPE, JR. and SHANNON M. DOUPE, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger CIVIL DIVISION to Graystone Bank, Plaintiff, NO.: vs. BRUCE C. DOUPE, JR. and SHANNON M. DOUPE, Defendants. AVISO LISTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objections a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded a otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger CIVIL DIVISION to Graystone Bank, Plaintiff, NO.: VS. BRUCE C. DOUPE, JR. and SHANNON M. DOUPE, Defendants. CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT And now comes Susquehanna Bank successor by merger to Graystone Bank, Plaintiff, by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Breach of Contract as follows: The Plaintiff is Susquehanna Bank successor by merger to Graystone Bank, which has its principal place of business 13511 Label Lane, Hagerstown, Maryland 21740. 2. The Defendants, Bruce C. Doupe, Jr. and Shannon M. Doupe, are adult individuals who reside at 960 Alexander Spring Road, Carlisle, Pennsylvania 17015. 3. On or about April 25, 2008, Defendants executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $164,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. Under the tern-is of the aforesaid Note, Plaintiff is entitled to accelerate payment of the principal balance, accrued and unpaid interest and all other sums due and owing under the terms of the Note upon the occurrence of an event of default, including but not limited to, the failure to pay monthly installments of principal and interest when due. 5. The aforesaid Note has not been released, transferred or assigned by Plaintiff. 6. Defendants have breached their duty imposed by the aforesaid Note and are in default under the terms of said Note for, inter alia, failing to make monthly installments of principal and interest when due. 7. Any and all conditions precedent to payment to Plaintiff have been satisfied. 8. Notwithstanding Plaintiffs demands for payment, Defendants' obligations under the terms of the aforementioned Note remain unsatisfied. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 154,665.51 Interest through 5/14/2012 $ 13,774.96 Late Charges $ 1,686.65 Satisfaction Fee $ 50.50 Appraisal Fee $ 275.00 Title Search $ 65.10 Attorney's Fees and Costs $ 2,500.00 TOTAL $ 173,017.72 with interest on the principal sum of ($154,665.51) from May 14, 2012 at the rate of $35.03 per diem. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants for the total amount due of $173,017.72, with interest on the principal sum ($154,665.51) from May 14, 2012, at the rate of $35.03 plus additional late charges, attorneys' fees and costs. JAMES, SMITH, DIETTERICK & CONNELLY LLP Dated: ?D BY: Scott A. Dietterick, Esquire PA I.D. # 55650; sad@jsdc.com Kimberly A. Bonner, Esquire PA I.D #89705; kab@jsdc.com Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 (Fax) THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE 80rrOWer: Bruce C. Doupe. Jr. Lender: GRAYSTONE BANK Shannon M. Doupe Capital Region 960 Alexander Spring Road 112 Market Street Carlisle, PA 17015 Harrisburg, PA 17101 Principal Amount: $164,000.00 Interest Rate: 8.290% Date of Note: April 25, 2008 Maturity Date: April 30, 2023 PROMISE TO PAY. I ("Borrower"I jointly and severally promise to pay to GRAYSTONE BANK ('Leruter"), or order. In lawful money of the United States of America. the prnncipal amoum of One Hundred Sixty-four Thousand & 001100 Dollars ($164,000.08), together with interest at the rate of 8.290% per annum on the unpaid principal balance from April 30. 2808, until paid In full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. I will pay this loan In 179 payments of $1,596.34 each payment and an irregular last payment estimated at $1,596.17.. My first payment is due May 30, 2008, and all subsequent psymorts are due on the sane day of each month after that. My final payment will be due on April 30, 2023. and will be for all principal and all accrued Interest not yet paid. Payrmnts include principal and interest Unless otherwise agreed or required by applicable law. payments will be applied first to any sacred unpaid interest; than to principal; then to any late charges; and then to sty unpaid collection casts. Interest on this Kota Is computed on a 365/365 simple interest basis: that is. by applying the ratio of the annual interest rate over the number of days in a year, rrxthip8ed by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked 'paid in full", "without recourse", or similar language. it I send such a payment, Lender may accept It without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: GRAYSTONE BANK, 112 Market Street Harrisburg, PA 17101. LATE CHARGE. :f a payment is 15 days or more late, 1 will be charged 10.00096 of the regularly scheduled payment or $20.00, whichever is greater. INTEREST AFTER DEFAULT, Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note. if judgment is entered in connection with this Note, Interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. DEFAULT. I will be in default under this Note it any of the following happen: Payment Default. I tall to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Nate or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower die:; or becomes insolvent; a receiver is appointed for any part of my property: l make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property In which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if t give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision wilf not apply. Defective Col aterafization. This Note or any of the related documents ceases to be in full force and effect lincluding failure of any collateral document to crease a valid and perfected security interest or lienl at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed end the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Quarattor. Any of the preceding events occurs with respect to any guarantor, endorser; surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability candor, any guaranty of the indebtedness evidenced by this Note. Guts Provisions. If any default, other then a default in payment is curable and it I have not been given a notice of a breach of the same provision of this Note withir. the preceding twelve 112) months, it may be cured it 1, after receiving written notice from Lender demanding cure of such default: (l) cure the default within fifteen 05), days; or (2) if the cure requires more then fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then 1 will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if i do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's "at expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, i also will pay any court costs, in addition to all other sums provided by taw. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of taw provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a 'lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Dauphin County. PROMISSORY NOTE Loan No: 4-5499 (Continued) Paige 2 Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts i may open in the future, However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. i authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated April 25, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns, N07IFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES, Please notify us if we report any inaccurate information about your account(s) :o a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: GRAYSTONE BANK 112 Market Street Harrisburg, PA 17101. GENERAL PROVISIONS. It any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liab'lity. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fait to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to snyone other than the party with whom the modification is made, The obligations under this Note are joint and several. This means that the words "1", "me", and 'my" mean each and all of the persons signing below, PRIOR TO SIGNING THIS NOTE, 1. AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. t. AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE, THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: %ttp ( .?l?r s a /' -- (Seal) Bruce C. Doupe."Jr. X ^'t? }jet{f i w (Seal! Sha on M. Ooupe LENDER: GRAYSTONE BANK, r r; Sans Khouri, 2ram+ Sales r?anagar NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection eests. which Increase this amount. The Lamer can collect this debt from you without first trying to collect from the borrower. The Lender can use the seam collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of YOUR credit record. This notice is not the contract that makes you liable for the debt. _ LL ..tLf" RIG cxWg. Yer. a+UA60%S Gyr. w"na w.mea &a&,+m,. 4.z aka /.??. a1 ?: M rm,nna, M s:w.o«.am.n•,in.'.nxa ?.^, xw tse? va-M ?_ _.?_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSQUEHANNA BANK successor by merger to Graystone Bank, Plaintiff, vs. BRUCE C. DOUPE, JR. and SHANNON M. DOUPE, Defendants. VERIFICATION CIVIL DIVISION NO.. I, Christina Frederickson, on behalf of Susquehanna Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. Date:-'_"1 By. Christina Frederickson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff?4t??' '' `?r:rberr E s : r' a*, 8 # '; I .. Jody S Smith EI `# -7 A 9: 2 i Chief Deputy !L 'I?;sPIBEr AND .felt ,r; Richard W Stewart Solicitor PENNSYLVAMA Susquehanna Bank Case Number vs. 2012-3145 Bruce D. Doupe, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 05/31/2012 04:39 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 31, 2012 at 1639 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shannon M. Douple, by making known unto Bruce Doupe Jr., Husband of Defendant at 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the ame. .Lfy'?7 MICHELLE GUTSHALL, DEPUTY 05/31/2012 04:39 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 31, 2012 at 1639 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bruce D. Doupe, Jr., by making known unto himself personally, at 960 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to hirr \ personally the said true and correct copy of the same. Oil, MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $50.00 June 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) countySuite Shenff, Teleosoft, Inc.