HomeMy WebLinkAbout12-7412(, '~
~ _ ~ ~ ,
nRlnh n ,-
... ~_~ ~ .
h
~fi 1
~ L 1~ V ~ . t.1
THOMAS SHANK
Plaintiff
JOSHUA R. RILEY
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. - ~`1 I ~ ~l / ~ 1 20 12
~-
Civil Term
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 FILLING 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 JUDGEMENT 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 PEOPERTY
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 THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
~~~ ~~3 ,~ std a
Clc-~ s 398
~~
THOMAS SHANK : IN THE COURT OF COMMON PLEAS OF
Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO.
JOSHUA R. RII,EY,
Defendant. :
COMPLAINT
COUNT ONE: BREACH OF CONTRACT
AND NOW, comes the Petitioner, Thomas Shank, by and through his attorney, the Law
Offices of Patrick F. Lauer, Jr., LLC, and respectfully avers the following:
1. Plaintiff, Thomas Shank, is an adult individual who resides at 168 Darr Avenue, Carlisle,
Pennsylvania 17013
2. Defendant, Joshua R. Riley, is an adult individual who resides at 102 Warren Way,
Lancaster, Pennsylvania 17601.
3. Defendant is the step-son of Plaintiff.
4. On August 23, 2004, Defendant requested Plaintiff to co-sign a loan with Members First
Federal Credit Union in the amount of $19,695.18 so Defendant could obtain funds to further his
education at the Bradley Academy for Visual Arts, See Exhibit "A." The Agreement was reached
in Cumberland County, Pennsylvania.
5. Defendant either quit or flunked out of the Bradley Academy for Visual Arts within two
semesters.
6. Defendant orally agreed, at the time of the loan origination, that he would reimburse
Plaintiff in monthly installments for said loan in January 2010.
7. Defendant never compensated Plaintiff nor Members First Federal Credit Union.
8. Defendant promised to pay 144 payments in the amount of $93.22 on the 25~' of each
month, beginning January 2010.
9. Defendant would not have co-signed for the Defendant without Defendant promising
Plaintiff he would be reimbursed should the Defendant default on the original loan to Members
First Federal Credit Union.
10. Plaintiff has been continually paying Members First Federal Credit Union and Defendant
has refused to reimburse Plaintiff.
11. Defendant has been in breach of contract since January 2010 and continually thereafter.
12. Plaintiff liar ,laid .$12,428.99 to .Members First Federal Credit Union as a co-signer since
Defendant has refused to pay Members First Federal Credit Union.
13: Plaintiff demands judgment against the Defendant in the amount $19,695.18 plus interest
and court costs.
WHEREFORE, the Plaintiff respectfully requests Your Honorable Court grant judgment
against the Plaintiff in the amount of $19,695.18 plus interest and court costs.
COUNT TWO: UNJUST ENRICHMENT
14. Paragraphs 1 through 13 are incorporated herein through reference.
15. Defendant requested Plaintiff to cosign a loan to Members First Federal Credit Union in the
amount of $19,695.18 in August 2004.
16. Defendant received the benefit of the loan from Members First Federal Credit Union solely
because Plaintiff cosigned the loan.
17. Defendant received the money to attend school and either quit or flunked out.
18. Defendant has been unjustly enriched by receiving said loans solely on the basis of Plaintiff
signing as a cosigner.
19. Plaintiff has paid a total of $12,428.99 since 2006.
20. Defendant has been unjustly enriched at the expense of Plaintiff.
21. Plaintiff would not have cosigned the loan except for the promise of the Defendant that said
payments would be made to Members First Federal Credit Union each and every month.
22. Defendant received unjust enrichment in the amount of $19,695.18.
23. Defendant orally agreed he would reimburse Plaintiff $93.22 per month beginning .January
2010.
WHEREFORE, the Plaintiff respectfully requests Your Honorable Court .grant judgment
against the Plaintiff in the amount of $19,695.18 plus interest and court costs.
Respectfully submitted,
Date: Z`ti ~~
P tric auer, Esquire
Law Offi es of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 46430 Tel. (717) 763-1800
THOMAS SHANK
Plaintiff,
v.
JOSHUA R. RILEY,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to the best
of my knowledge, information, and belief. To the extent that any of the averments are based upon
an understanding or application of law, I have relied upon counsel in making this Verification.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904, relating to unsworn falsification to authorities.
Date: ~ ~ ' 2~' ~ 2
Signature: -t,
Thomas Shank, Plaintiff
EXHIBIT "A"
From: 7172451457 Pa e: 12!18 Date: 8/23/200412:29:1),9 PM
aaV l-V LVV llV l! {L L, l!! VVLa VI.., Vl., lIL, L,Ia{ {VLI~I ! fall alV• l { IL IV• 1V 1
~:~ * Cosi nt;d ~" : ttaarr•Re ' uestlCredtf ~Agteernent - $ignaftare ,gage ; • •. .
NON-I~tEC;OTtABtE CREDIT AGREEMENT-THIS is A CONSUMER CREt]ir TRANSACTION
R4Al±~;PR.t~GRANI~MFORMA~ION:..,..~.---..._.._.. _~ .._ 1...;'::_..,~_-._._--..-.._-----__...__..__.:- _...._.:._._.._..__...._
TERI Undergraduate Loan Academic Period: 1x2004-1012005
Lender: Members 1 a Federal Credit Union School: BRADLEY ACRD FOR VISUAL ARTS
Loan Amount Requested: $18415.00 Repayment Option: Deferred Principal and Interest
Deferral Period Margin:.0,5 Repayment Feriod Margin: -0.5 Loan Origination Fee Percentage: 6,50
IN.FQR(IA/lTIO~! ~INu~ ba.~t„least.
Borrower Nalne: Joshua R Riley Home Address:
Social Security #: ~ Date of Birth: ~ r Home Telephone;
5tudsnt Gtizereshlp (cherJt tote box): ~ U.S. Citizen d Eligible Non-C;tizan (Aitaoh front S bock copy of INS or tutttioni visa asrd)
Note: Personal roferenea name and ad roes cannot match that of rho Ceslpnar.
Pefs0ttal Reference Nama,,_ Reference Home Tel a~ Work Tel lk
Reference SdCttt --~-'---~--
CO$ItiNER INFQRMATION(Nluaf,be at'ieast 18~.Y.e_aLs at a9e)._ ...:.,:;~_;:::..:Y'.:.~ ~.... , ~._.__...---•: -- _ - ..:......... .. .
Cosigner Neme: Thomas Shank Home Address:
Social Security #. Date of Birth: ~ Home Telephoner
Have you ever doh on ti; s rx declared bankruptcy? )EI No O Yes
Ctu-ent Employer. Rtx+YE'3 PRINT SHOP Employer Telepharte:
Curtent Pbailion: Years There: ~ Yeer~ 2 MonUts
Years at Previous ni oyfnent:
Alimony, ohIld support, or sepanm maintsnartcrr incomes do not havo to ba f+ewalad if you tto rtot want them t:ottsltlarsd for repaying tfits
nbl;gadion. 7 you an: relying on such atidklonal incottro, please provlda dotaila tbt a separatf sheet of paper.
Coslpnar Citixsnehip (check one box): CR U.S. Citizen t7 tcliydrle Non-Citizen (Attach troth 6 !rapt of IN3)
Note: Parsatal rstirettce Warne and a~ dross cannot match that of she Studattt
Personal Reference Name: ~ Reference Homo 1'91 #: ~ Work Tel p:
Aefitrenu Sheet Addrps:
Rsfaronoo Citvl5tete2le:
BY mY aigretavm, l certify tout !have read, anderataad atttl a~ee to the tetma ofand undtrtab the nbliaatiooa set forth tm all fivt: (~ p~wt Of ehw Lean RegtteaMCrra;t
geettteat CU.04.113.(~;XI.IO.o104 ("Crodit A~etncaY'"). t undetstutd tltu any prtsoes whn lmowiagly ttmves a fi~1u ytWmeal oc tution on thl, form is
subject tp ytnmltiCS, which may inehrdls fines or '
uaprisoamenc Thia Cmrtit Agroctheut is tigtxd under seal, i undtrs4nd that f am aol tequued to !Lt mY aigoatut~t Ori
~n~or W si®t eleevonically this Ctcdit Agcerment and say related aotiora that rlQuire suture. tf ! choose m fart triy aigftaWtc t-a or to sign eierxmatieally dtis Credit
grtCment and any related notices that require sitaagtre, [ iotettd: (f) my tax of electroeic rignatttte to be an eleeanttic aigrtati+rK undo' applicable fodeai ant wts law,
(i d ar4Y Act prituaut or priamut of teruier'a ekctroaic record of this Crodit A$rcement and raleted atxias to bo aft oriaiftol docurAatt, (iii) to conduct busirtda wills the
Lender by okeaoaIc rocordt and Clenevaie siputwtr and (iv) that thi, Credit A=rammt vrill net be govcrnod by Article 1 of the Uaifemt Cem,neecial Curie. •rnd mY
obligations under tttia Credit Agecmerµ will not be wbject to, bat eny traiuyr of my obligttioas will be wbject to, AAiele 9 of the Uniform Commercid Coda,
PaR AI.At3AtisA RESIDENTS: CAUTraN ~ f.T Is IIKI'ORTANT T)EIAT ltnu THOROUGAT.Y READ TtiiE coNTRACT >3llrpoRN Yo u
srcN rr.
FOR W15CONSITI RESID)E1V75 . NOTICE TO CUSTOMER: (a) DO NOT SIGN TIi<CS CREDIT AGREEMENT BTr,b'URE YOU READ
THE wRTTT1YG ON THE P'OLLOWINC PACES, EVEN IP OTHERWISE ADVISED.
(b) DO NOT SIGN T1gYS CREDIT AGR'SP.MENT YP iT CONTAINS ANY BT.A19'1C SPACES.
{c) YOU AR)a ENTITLED T0.1N lr7CACT COPY OF AAiY AG~I' YOU SICK.
(d) YOU HAVP TIDE RIGHT AT ANY TIME TO PAY i?N ADVANCE TAE UNPAID BALANCE UNpF.R THYS CREDIT AGREEMENT
AND YOU MAYBE EN7TCLETI TO A PARTIAL REFUND at+ 1~ FINANCE CIIARCl~
,P--, I;EAS)r• 9!'t3FF~BEt:QW
Signature of Borrower
.EAX.T4:.$0.4J_Q4=94tTB,...
- "t 3 -c~
BY SIt3NING THIS CREDIT A REEMENT >tt ~ 1 ERTIFY THAT I INTEND TO (i) APPLY FOR JOINT CREDIT AND
(ii) BE JOINTLY LIAB HE 130R W R THIS LOAN.
SignaWre of Cosigner Date ~'~~ ~Q Y
e't.r ae-tt
S.CSX1.10.0l04 1 of5
PN01 CU_Oa-4f~C5X7,F X_RILEY Ai0242t3935.pdf COSIGI~IER COPY ~~p
NOTE DISCLOSURE STATEMENT
$ 9,847.59 Bonower(s}
02426335
Loan No.
Student:
Date:
JOS
JOSHUA R RILEY
THOMAS SHANK
JOSHUA R R[LEY
September 1S, 2004
Lender Name and Address:
MEMBERS 1ST FEDERAL CREDIT UN
5000 LOUISE DRIVE
MECHAMCSBURG. PA 170SS
This disclosure statement relates to one or more advances on your L[xm Note disbursed on September 15, 2004
Because your Loan is either being disbursed in whole or in part, or is emering repayment, or the repayment terms are being modified, the
Col lowing infomtBion abotrt sour Loan is being given to voa
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments
The cost of your credit as a
yearly rate. The donor amount the etedit
will cost you. The amoum of credit provided
ib you or on your behalf. The amount you will have paid alter
you have made all payments scheduled.
4.SS6 % $ 4,216.18 $ 9.207.50 $ 13,423.68
Your ant schedule will be:
Number of Payments Amount of Payments' When Payments are due
144 S 93.22 On the 2Sth day of each month beginning on 10/2006
VARIABLE RATE: The Annual Percentage Rate, which is based on an index p]us a margin, may increase during the term of
the loan if the index rate increases. The index is (check one):
0 Prime Rate Index Adjusted Monthly -The highest U.S. bank prime rate published in the "Money Rates" section of
The Wall Street Journal on the last business day of each calendar month.
PNme Rate Index Adjusted Quarterly -The highest U.S. bank prime rate published in the "Money Rates" section of
The Wall Street Joumal on the last business day of each calendar quarter (if the Lender identified above is
Citibank (New York State ), the index will be the highest U.S. Bank prime rate published in the "Money Rates" section of
The Wall Street Journal on the date which is 30 days prior to the first day of each quarter).
LIBOR Index Adjusted Quarterly -The average of tfie one-month London Interbank Offered Rates published irrthc
"Money Rates" section of The Wall Street Joumal on the first business day of each of the three (3) calendar months
immediately preceding the first day of each calendar quarter.
Any increase in the index geed the Annual Percentage Rate which occurs while principal payments are deferred will increase
the amount of any current and all future payments. Any increase in the Index and the Annual Percentage Rate which occurs while
principal and interest payments are deferred will increase the amount of all future payments. Any increase in the index and the
Annual Percentage Rate which occurs after you have begun to make principal and interest payments on your loan will increase the
amount of your future principal and interest payments beginning with your next annual payment adjustment date. For example,
assume you obtain a loan in your junior year, in the amount of $10,000 at an interest rate of 11%, and you doter principal and
interest payments until after your' graduation, and the repayment term of the loan is 20 years. If the interest rate increased to 12%
on January 1st of your senior year, the interest which accrues while principal and interest payments are defttred will increase by
575.11, and your monthly principal and interest payments would increase by 59.05.
SECURITY: You have given a security interest in all refunds or amounts owed to you at any time by the student's educational
institution. Collateral securing outer loans with the Lender may also secure this Loan.
LATE CHARGES: If a payment is more than IS days late, you may be charged SS.00 or 5°/a of the payment, whichever is less. if
you default, Lender (or subsequent holder of your Loan Note) may increase the margin used to compute the Annual Percentage
Rate by two percentage points (2%).
PREPAYM ENT: If you pay off early, you will not have to pay a penalty.
See your contract documents for any additional information about non-payment, default, any required repayment in full before the
scheduled date, any security interest, and prepayment refunds and penalties.
Est[mates: All numerical disclosures except the late payment disclosure are estimates.
Principal Amount of Note (Amount Financed plus Prepaid Finance Charge) S 9,847.59
Itemization of Amount Financed
Amount paid to BRADLEY ACRD FOR VISUAL ARTS and y
Amount paid to JOSHUA R RILEY S 9.207.50
Tow! Amount Financed 5 9.207.50
Itemization of Prepaid Finance Charge
Origination or Guarantee. Fee S 640.09
Other Fees Paid (see yours contract) S
Total Prepaid Finance Charge(s) 5 640.09
•Ifyour Loan is disbursed in multiple advances, the monthly paymrnt amount disclosed in the payment schedule rc0ecu only that monthly payment
necessary to repay this advance.'11te actual total monthly payment on your lean will be bued on the sum of alt advances under your Loan Note and will
be disclosed to you before your Loan enters repoyment Your minimum total monthly payment will beat least 525.00 each month or the entire loan
balance whichever is less.
rawtcsrossn, ~ CUTSDP Teri Undergraduate Loan File Copy
In this Credit Agreement, the words "I", "me°, "my", and "mine" mean the person(s)
who signed this Credit Agreement as Borrower and Cosigner. The words "you", "your",
"yours", and "Lenders mean Members 1st Federal Credit Union, its successors and
assigns, and any other holder of this Credit Agreement. "School" means the school
named at the top of the first page of this Credit Agreement
A. PROMISE TO PAY: I promise to pay to you the principal sum of the Loan Amount
Requested shown on the first page of this Credit Agreement, to the extent it is
advanced to me or paid on my behalf, and any Loan Origination Fee added to my ban
(see Paragraph F) ("Prncpal Sum"), interest on such Principal Sum, interest on any
unpaid interest added to the Prindpal Sum and late fees (see Paragraph E.7).
B. IMPORTANT -READ THIS CAREFULLY:
1. When you receive my signed Application, you are not agreeing to lend me money.
If you decide to make a ban to me, you will electroniplty transfer the loan funds to the
School forme, mail a loan check to the School forme, or mail a loan check directty to
me. You have the rght to not make a loan or to lend an amount less than the Loan
Amount Requested. I agree to accept an amount less than the Loan Amount
Requested and to repay that portion of the Loan Amount Requested that you actually
lend to me. You have the right to disburse my ban through an agent At your option,
you may also make any loan check co-payable to me and the Cosigner or to me and
the School
2. HOW I AGREE TO THE TERMS OF THIS LOAN. By sgning this Credit
Agreement, and submitting it to the Lender, I am requesfing that you make this loan to
me in an amount equal to the Loan Amount Requested plus any Loan Origination Fee
described in Paragraph F of this Credit Agreement. If you approve this request and
agree to make this loan, you will notify me in writing and provide me with a Disclosure
Statement, as required by law, at the time of each disbursement. The Disclosure
Statement is incorporated herein by reference and made a part hereof. The
Disclosure Statement will tell me the amount of the ban that you have approved, the
amount of the Loan Origination Fee, and other important information. I will let you
know that I agree to the terms of the loan as set forth in this Credit Agreement and in
each Disclosure Statement by doing either of the following: (a) endorsing or
depositing the check that disburses the ban proceeds; or (b) allowing the ban
proceeds to be used by or on behalf of the Student without objection. Upon receipt of
each Disclosure Statement, I will review it and notify you in writing if I have any
questions. If I am not satisfied with the terms of my loan as disclosed in any
Disclosure Statement, I may cancel the disbursement To cancel any disbursement, I
will give you a written pricellation notice within ten (10) days after I receive the
Disclosure Statement. I understand that the cancellation of any disbursement will not
cancel any future disbursements or any previous disbursements. If loan proceeds
have been d~bursed, I agree that I will immediately return the canceled disbursement
to you, will not endorse any check that disburses the loan proceeds to be canceled,
and will instruct the School to return the canceled disbursement to you. If I give notice
of cancellation but do not cause the return of the disbursement as stated above, the
disbursement will not be canceled and I will be in default of this Credit Agreement
(See Paragraph I.)
C. DEFINRIONS:
1. "Disbursement Date' means the date or dates on which you lend money to me in
consideration for my Credit Agreement and will be the date(s) shown on any loan
check you prepare or the date(s) you initiate any electronic funds transfer.
2. The "Deferment Period" will begin on the Disbursement Date and end on the
Deferment End Date.
3. "Deferment End Date" means the date specified txbw for the applicable loan
program (the applicable loan program is stated on the first page of this Credit
Agreement).
(a) UndecgraduateAlternatrve Loan Program: If I have elected the "immediate
Repayr~nt" option (the applicable repayment option is stated on the first page of this
Credit Agreement), there is no Deferment Period, and my first payment will be 30-60
days after the final disbursement of my loan. If I have elected the "Interest Onty"
repayment option (the applicable repayment opton is stated on the first page of this
Credit Agreement), then interest payments will begin 30-60 days after the first
disbursement of my loan, the "Deferment End Date' will be the date the Student
graduates or ceases to be enrolled at least half-time in the School (or another school
participating in this loan program), and principal and interest payments will begin 30-60
days after that date. In any event, 'rf I have elected the °Interest Only" repayment
option, the Deferment End Date will be no more than 5 years after the first
Disbursement Date. If I have elected the "Full Deferral" repayment option (the
applicable repayment option is stated on the first page of this Credit Agreement), then
the "Deferment End Date" will be 180 days after the Student graduates or ceases to be
enrolled at least half-time in the School (or another school participating in this Loan
Program). In any event, if I have elected the "Full Deferral" repayment option, the
Deferment End Date will be no more than 5%= years after the first Disbursement Date.
(b) Graduate Professional Education Loan Program: 180 days after the Student
graduates or ceases for any other reason to be enrolled at least half-time in the School
(or another school participating in this Loan Program), but no more than 4%=years after
the first Disbursement Date; provided, however, that if the Student begins a medical
residency or internship during the Deferment Period, then the Deferment Period will
end 180 days after the day the residency or internship ends, but no more than 8%
years after the first Disbursement Date.
4. The "Repayment Period" begins the day after the Deferment Period ends. If there is
no Deferment Period for my loan, the Repayment Period will begin when my loan is
fully disbursed. The Repayment Period is 12 years unless monthly payments equal to
the minimum monthly payment amount (See Paragraph E.4) will repay all amounts
owed in less than 12 years, in which case the Repayment Period will be the number of
months necessary to pay in full the amount I owe at the minimum payment
D. INTEREST:
1. Accrual -Beginning on the first Disbursement Date, interest will be cekxrlated at
the Variable Rate (Paragraph D.2) and charged on the Principal Sum, and on any
unpaid interest later added to the Principal Sum according to Paragraph D.3. During
the Repayment Period, interest will be tabulated at the Variable Rate and charged on
the outstanding balance of this Credit Agreement until all amounts are paid in full.
Interest will be calculated on a daily simple interest basis. The daily interest rate will
be equal to the annual interest rate in effect on that day, divided by the number of days
in that calendar year.
2. Variable Rate -The "Variable Rate" is equal to the Current Index plus or minus a
Margin. The Margins for both the Deferment Period and the Repayment Period are
shown on the first page of this Credit Agreement. In no event will the Variable Rate
exceed the maximum interest rate allowed by the laws of the State of Pennsylvania.
The Variable Rate will change monthly on the first day of each month (the 'Change
Date(s)") if the Current Index changes. The "Current Index" for any month (or for any
shorter period beginning on any Disbursement Date and ending on the last day of a
calendar month) is the Prime Rate as published in The Wall Street Journal under the
"Money Rates" section for the day which is 1 day prior to each Change Date. If The
Wall Street Journal is not published or the Current Index is not given on that date, then
the Current Index will be determined by using the immediately preceding published
Current Index. In the event that more than one Prime Rate is published, the Current
Index will be the highest rate published. If the Current Index is no bngeravailable,
you will choose a comparable index.
3. Capitalization - I understand that you will add all accrued and unpaid interest to
the principal balance of my loan ("ppitalize interest) as of the last day of the
Deferment Period and at the end of any forbearance period. In addition, if my loan will
be disbursed in multiple disbursements and if I have elected the "Immediate
Repayment" option, you will capitalize interest that accrues between the first
disbursement of my loan and the final disbursement of my ban. In all cases, the sum
is thereafter considered the principal, and interest will accrue on the new prncpal
balance.
E. TERMS OF REPAYMENT:
1. Deferment Period - If I have elected either the "Interest Only" repayment option or
the "Full Deferal" repayment option (the applicable repayment option is stated on the
first page of this Credit Agreement), you will send statements during the Deferment
Period (showing the totat outstanding principal balance of my loan and the interest that
has accrued on my loan). You reserve the right to send statements or notices to either
the Borrower or the Cosigner. Statements will be sent to the address shown on your
records. If I have elected the °Interest Onty" repayment option, I agree to make
payments each month during the Deferment Period equal to the accrued interest on
the outstanding balance of this Credit Agreement. If I have elected the "Full Deferral"
repayment option I may, but am not required to make payments during the Deferment
Period. You will add any interest that I do not pay during the Deferment Period to the
principal balance, as described in Paragraph D,3.
2. Repayment Period -During the Repayment Period, you will send me monthly
statements that show the amounts of minimum monthty payments and the payment
due dates. You reserve the right to send monthly statements to either the Bomower or
the Cosgner. I will make consecutive monthly payments in amounts at least equal to
such minimum monthly payments by the applicable payment due dates until I have
paid all of the principal and interest and any other Charges I may owe under this Credit
Agreement. If my loan is in paid-ahead status, I may, but will not be required to make
monthly payments.
3. Repayment Tema - My monthly payment will be established based on the rules in
this Credit Agreement when my Repayment Period begins. My monthly payment
amount will be calculated as of the day the Repayment Period begins ("Repayment
Date"). It will be recalculated (a) once each year prior to the anniversary of the
Repayment Date, (b) if the Variable Rate changes between anniversaries of the
Repayment Date to the extent that the amount of my monthly payment would not pay
in full the accrued monthly interest on my loan, (c) following any subsequent deferment
or forbearance period or (d) following any request by the Borrower to the servicer to
change the monthly payment due date (each of which events is a new "Repayment
Date"). As of any Repayment Date, my monthly payment will be recalculated. My new
monthly payment amount will be disclosed to me by the servicer. The new monthly
repayment amount will equal the amount necessary to pay in full, over the number of
months remainirg in the Repayment Period, the amount I owe in equal monthty
installments of principal and interest at the Variable Rate in effect at the time of the
calculation. I understand that this may result in a reduction or increase in my monthly
payment as calculated as of each Repayment Date. I understand that during the
Repayment Period (and, if I have elected the "Interest Only" repayment option, during
the period of interest payments) the servicer may change the monthly payment due
date of future payments to a later date for the convenience of the servicer in
processing payments or in order to coordinate the due dates of all of my loans
processed by the servicer.
4. Minimum Repayment- Notwithstanding Paragraph E.3, I agree to pay at least $25
each month during the Repayment Period or the unpaid balance whichever is less. I
understand that I may pay more than my monthly payment at any time without penalty
or charge. If my loan is in paid-ahead status, I may, but will not be required to make
monthty payments.
5. Amounts Owing at the End of the Repayment Period -Since interest accrues daily
upon the unpaid prncpal balance of my loan, 'rf I make payments after my payment
due dates, I may owe additional interest. If I have not paid my late fees, I will also owe
additional amounts for those late fees. In such cases you will increase the amount of
my last monthty payment to the amount necessary to repay my loan in full.
6. Payments -Payments will be applied first to late fees, other fees and charges,
accrued interest, and the remainder to principal.
7. Other Charges - If any part of a monthty payment remains unpaid for a period of
more than 15 days after the payment due date, I will pay a late fee not exceeding
$5.00 or 5% of the overdue payment amount, whichever is less. To the extent
permitted by law, I agree to pay you all amounts you incur in enforcing the terms of
this Credit Agreement, including reasonable collection agency and attorney's fees and
court costs and other collection cosh.
F. LOAN ORIGINATION FEE: If you charge me, I will pay you a Loan Origination
Fee at the time my loan is disbursed. The dollar amount of any Loan Origination Fee
will be determined by multiplying the sum of the Loan Origination Fee and the Loan
Amount Requested, to the extent advanced to me, times the Loan Origination Fee
Percentage shown on the first page of this Credit Agreement. The percentage would
be higher if computed onty on the amount advanced rather than the entire principal
amount (Loan Origination Fee plus Loan Amount Requested). For example, a nominal
Loan Origination Fee of 6.5°~ on the entire principal amount would equal 6.9519% of
the amount advanced. The Loan Origination Fee I will pay, 'rf any, will be shown on my
Disclosure Statement and will be added to the principal amount of my loan. To the
extent permitted by law, and unless I timely cancel this Credit Agreement {see
Paragraph 6.2), I will not be entitled to a refund of any Loan Origination Fee after my
loan has been disbursed.
G. RIGHT TO PREPAY: I have the right to prepay all or any part of my loan at any
time without penalty.
H. FORBEARANCE: If I am unable to repay my loan in accordance with the terms
established under this Credit Agreement, I may request that you modify these terms. I
understand that such modification would be at your option. l understand that I will
remain responsible for all interest accruing during any period of forbearance and that
you will add any interest that I do not pay during any .forbearance period to the
principal balance, as described in Paragraph D.3.
I. WHOLE LOAN DUE: To the extent permitted by applicable law, I will be in default
and you-have the rkdht to give me notice that the whole outstanding principal balance,
accrued interest, and all other amounts payable to you under the terms of this Credit
Agreement, are due and payable at once (subject to any applicable -law which may
give me a right to cure my default) if: (1) I fail to make any monthly payment to you
when due, (2) I die, (3) I break any of my other promises in this Credit Agreement, {4)
Any bankruptcy proceeding is begun by or against me, or I assign any of my assets for
the benefits of my creditors, or (5) I make any false written statement in apptying for
this loan or any other student or education loan or at any time during the Deferment or
Repayment Periods. If I default, I will be required to pay interest on this loan accruing
after default. The interest rate after default will be subject to adjustment in the same
manner as before default. Upon default, you may also capitalize any interest and fees
(i.e., add accrued and unpaid interest and fees to the principal balance), and increase
the Margin used to compute the Variable Rate by two percentage points (2%).
J. NOTICES:
1. I will send written notice to you, or any subsequent holder of this Credit Agreement,
within ten days after any change in my name, address, or enrollment status (for
example, if I withdraw from the School or transfer to another school participating in this
loan program).
2. Any notice required to be given to me by you will be effective when mailed by first
class mail to the latest address you have for me. Unless required by applicable law,
you need not give a separate notice to the Cosigner, if any.
K. INFORMATION:
1. I must update the information I provided to you whenever you ask me to do so.
2. I authorize you from time to time to request and receive from others credit related
information about me (and about my spouse if I live in a community property state).
L. ADDITIONAL AGREEMENTS:
1. I understand that you are located in Pennsylvania and that this Credit Agreement
will be entered into in the same state. CONSEQUENTLY, THE PROVISIONS OF THIS
CREDIT AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND THE LAWS
OF THE STATE OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICT OF LAW
RULES.
2. The proceeds of this loan will be used only for my educational expenses at the
School. The Cosigner, if any, will not receive any of the loan proceeds.
3. My responsibility for paying the loan evidenced by this Credit Agreement is
unaffected by the liability of any other person to me or by your failure to notify me that
a required payment has not been made. Without losing any of your rights under this
Credit Agreement you may accept (a) late payments, (b) partial payments or (c)
payments marked "paid in full" or with other restrictions. You. may delay, fail to
exercise, or waive any of your rights on any occasion without losing your entitlement to
exercise the right at any future time, or on any future occasion. You will not be
obligated to make any demand upon me, send me any notice, present this Credit
Agreement to me for payment or make protest of non-payment to me before suing to
collect on this Credit Agreement if I am in default, and to the extent permitted by
applicable law, I hereby waive any right I might otherwise have to require such actions.
I WILL NOT SEND YOU PAYMENTS MARKED "PAID IN FULL", "WITHOUT
RECOURSE" OR WITH OTHER SIMILAR LANGUAGE UNLESS THOSE PAYMENTS
ARE MARKED FOR SPECIAL HANDLING AND SENT TO THE ADDRESS
IDENTIFIED FOR SUCH PAYMENTS ON MY BILLING STATEMENT, OR TO SUCH
OTHER ADDRESS AS I MAY BE GIVEN IN THE FUTURE.
4. I may not assign this Credit Agreement or any of its benefits or obligations. You
may assign this Credit Agreement at any time.
5. The terms and conditions set forth in this Credit Agreement and InsUuctions and the
Disclosure Statement constitute the entire agreement between you and me.
6. If any provision of this Credit Agreement is held invalid or unenforceable, that
provision shall be considered omitted from this Credit Agreement without affecting the
validity or enforceability of the remainder of this Credit Agreement
7. A provision of this Credit Agreement may only be modified if jointly agreed upon in
writing by you and me. Any modification will not affect the validity or enforceability of
the remainder of this Credit Agreement
8. To the extent permitted by law, you have the right to apply money from any of my
deposit account(s) with you to pay all or a portion of any amount overdue under this
Credit Agreement I hereby authorize you to obtain from the School all amounts which
may be owed to rre by the School, including any refund due to overpayment,. early
termination of enrollment, or otherwise.
9. If this Credit Agreement is executed by more than one Borrower, each Borrower
agrees that any communication between you and any of the Borrowers will be binding
on all of the Borrowers. I intend to be treated as a principal of this Credit Agreement
and not as a surety. To the extent I may be Ueated as a surety, I waive all notices to
which I might otherwise be entitled as such by law, and all suretyship defenses that
might be available to me (including, without limitation, contribution, subrogation and
exoneration). I agree that the Borrower may agree to any forbearance or other
modification of the repayment schedule and that such agreement will be binding on
me. It shall not be necessary for you to resort to or exhaust your remedies against the
borrower before calling upon me to make repayment. For purposes of this paragraph
only, "I"and "me" refer to the Cosigner onty.
10. All dollar amounts stated in this Credit Agreement are in United States dollars. I
will make all payments in United States Dollars with no deduction for currency
exchange.
11. If the Student fails to complete the education program paid for with this loan, the
Cosigner and I are not relieved of any obligation within or pursuant to this Credit
Agreement
12. I acknowledge that the requested loan is subject to the limitatans on
dischargeabiliiy in bankruptcy contained in Section 523 (a) (8) of the Unked
States Bankruptcy Code. Specificalty, I understand that you have. purchased a
.guaranty of this loan, and that this loan is guaranteed by The Education
Resources Institute, Inc. ("TERIA), a non-profd institution.
13. I authorize any school that I may attend to release to you, and any other persons
designated by you, any requested information pertinent to this loan (e.g. enrollment
status, prior loan history, and current address).
14. I authorize the Lender, any subsequent holder of this Credit Agreement, and their
agents to: (1) advise the School of the status of my application and my loan, (2)
respond to inquiries from prior or subsequent lenders or holders with respect to my
Credit Agreement and related documents, (3) release information and make inquiries
to the persons I have given you as references, for the purposes of teaming my current
address and telephone number, (4) check my credit and employment history and to
answer questions about their credit experience with me, and (5) disclose to TERI, the
Borrower, and/or the Cosigner either in connection with this transaction or any future
transaction all information (including status iniormation and non-public. personal
information) of the Borower andlor the Cosigner provided in connection with this
Credit Agreement
15. Waiver by Lender: You waive (give up) any right to claim a security interest in any
property to secure this Credit Agreement. This does not affect any right to offset as a
matter of law.
16. If I fax my signature(s) on the first page of this Credit Agreement back to you and
keep the copy I signed, I understand that under federal law the fax you receive will be
an original of the first page of this Credit Agreement. You and I agree that all copies of
this Credit Agreement (including the fax you receive and the copy I retain), taken
together, shall constitute a single original agreement.
17. If any Borower or Cosigner elects to sign electronically an electronic record of this
Credit Agreement, then the following will apply as between Lender and such person:
(a) Lender will keep anon-modifiable electronic record of this document and provide a
copy to me upon request, {b) I can and have downloaded andlor printed a copy of this
document for my records or notified the Lender to mail me a copy of this document,
and (c) the Lender's electronic record of this document and any printout from that
record shalt be an original for all purposes, including any lawsuit to collect amounts
that I owe. If I physically sign a copy of this document that has been electronically
signed by any other Cosigner or Borower, as between me and the Lender the copy I
sign (and any fax of that copy I may send to Lender) will bean original. However, the
electronic signature of another party to this Credit Agreement and the Lender's
electronic record of this document containing that signature will be as valid against me
as an original, physical document that is physically signed by all parties.
M. DISCLOSURE NOTICES
ALL APPLICANTS:
IMPORTANT FEDERAL LAW NOTICE-
Important infonnaiion about procedures for opening a new
account:
To help the government fight the funding of terrorism and money
laundering activities, Federal law requires all financial institutions
to obtain, verify, and record information that identifies each
person who opens an account.
What this means for you:
When you open an account, we will ask for your name, address,
date of birth, and other information that will allow us to identify
you. We may also ask to see your driver's license or other
identifying documents.
CALIFORNIA RESIDENTS: I have the rght to prohibit the use of information contained
in my credit file in connection with transactions not initiated by me. 1 may exeroise this
right by notifying the consumer credit reporting agency. A married applicant may apply
for a separate account. If you take any adverse action as defined by Section 1785.3 of
the Calffomia Civil Code and the adverse action is based, in whole or in part, on any
information contained in a consumer credit report, I have the right to obtain within 60
days a free copy of my consumer credit report from the consumer reporting agency
who furnished you my consumer credit report and from any other consumer credit
reporting agency wh~h compiles and maintains files on consumers on a natanwide
basis. I have the right as described by Section 17135.16 of the Califomia Civil Code to
dispute the accuracy or completeness of any information in a consumer credit report
furnished by the consumer credit reporting agency.
CALIFORNIA AND UTAH RESIDENTS: As required by Califomia and Utah law, I am
hereby noted that a negative credit report reflecting on my credit record may be
submitted to a credit reporting agency 'rf I fail to fulfill the temu of my credit obligations.
IOWA. KANSAS AND NEBRASKA RESIDENTS (For aumoses of the following
notice. the word "you" refers to the Borrower and the Cosiener, not the Lenderl:
NOTICE TO CONSUMER. This is a consumer credit transaction. 1. DO NOT SIGN
THIS CREDR AGREEMENT BEFORE YOU READ THIS CREDfr AGREEMENT. 2.
YOU ARE ENTITLED TO A COPY OF THIS CREDIT AGREEMENT. 3. YOU MAY
PREPAY THE UNPAID BALANCE AT ANY TIME WRHOUT PENALTY AND MAY
BE ENTRLED TO A REFUND OF UNEARNED CHARGES IN ACCORDANCE WRH
LAW.
MARYLAND RESIDENTS: You elect Subtitle 10, Credit Grantor Closed End Credit
Provisions, of Title 12 of the Commercial Law Article of the Annotated Code of
Maryland only to the extent not inconsistent with 12 U.S.C. § 1757(5) and related
regulations and opinions, which you expressly reserve.
MISSOURI RESIDENTS: Oral agreements or commitments to
loan money, extend credit or to forbear from enforcing
repayment of a debt including promises to extend or renew
such debt are not enforceable. To protect me (borrower(s)) and
you (creditor) from misunderstanding or disappointment, any
agreements we reach covering such matters are contained in
this writing, which is the complete and exclusive statement of
the agreement between us, except as we may later agree in
writing to modify it.
NEVADA RESIDENTS: This is a loan for study.
NEW JERSEY RESIDENTS: The section headings of this Credit Agreement are a
table of contents and not contract terms. Portions of this Credit Agreement with
references to actions taken to the extent of applicable law apply to acts or practices
that New Jersey law permits or requires. In this Credit Agreement, acts or practices (i)
by you which are or may be permitted by "applicable law° are permitted by New Jersey
law, and (ii) that may orwill be taken by you unless prohibited by "applicable law" are
permitted by New Jersey law.
NEW YORK. RHODE ISLAND, AND VERMONT RESIDENTS: A consumer report
(credit report) may be obtained from aconsumer-reporting agency (credit bureau) in
connection with this loan. If I request (1) I will be informed whether or not consumer
reports were obtained, and (2) if reports were obtained, I will be informed of the names
and addresses of the credit bureaus that furnished the reports. If you agree to make
this loan to me, a consumer credit report may be requested or used in connection with
renewals or extensions of any credit for which I have applied, reviewing my loan,
taking collection action on my loan, or legitimate purposes associated with my loan.
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors
make credit equally available to all credit worthy customers, and that credit reporting
agencies maintain separate credit histories on each individual upon request. The Ohio
Civil Rights Commission administers compliance with this law.
WISCONSIN RESIDENTS: For married Wisconsin residents, my signature on this
Credit Agreement confirms that this loan obligation is being incurred in the interest of
my marriage or family. No provision of any marital property agreement (pre-marital
agreement), unilateral statement under Section 766.59 or court decree under Section
766.70 adversely affects the interest of the Lender unless the Lender, prior to the time
that the loan is approved, is furnished with a copy of the agreement, statement, or
decree or has actual knowledge of the adverse provision when the obligation to the
Lender is incurred. If the loan for which I am applying is granted, my spouse will also
receive notification that credit has been extended to me.
N. BORROWER'S CERTIFICATION: 1 declare under penalty of perjury under the
laws of the United States of America that the folowing is true and correct I certify that
all information I provided to you in connection with this loan, inducting without
limitation, the information contained in this Credit Agreement, is true, complete and
correct to the best of my knowledge and belief and is made in good faith. I understand
that I am responsible for repaying immediately any funds that I receive which are not
to be used or are not used for educational expenses related to attendance at the
School for the academic period stated. I certify that I am not now in default on a
Federal Perkins Loan, a Federal Stafford Loan, a Federally Insured Student Loan, a
Federal Supplemental Loan for Students (SLS), a Federal PLUS Loan, an Income
Contingent Loan, a Federal Consolidation Loan, a Federal Ford Direct Loan, or any
other education loan received for attendance at any school.
0. STATE-SPECIFIC COSIGNER NOTICES: For the purposes of the following
notices only, the words "you" and "your" refer to the Cosigner, where applicable, not to
the lender
FOR OBLIGORS COSIGNING IN WEST VIRGINIA:
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 it 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 costs, which increase this
amount. The creditor can collect this debt from you without first
trying to collect from the borrower. The creditor can use the same
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.
FOR OBLIGORS COSIGNING IN IOWA. NEW YORK AND SOUTH CAROLINA:
NOTICE: You agree to pay the debt identified below although you
may not personally receive-any property, goods, services, or money.
You may be sued for payment although the person who receives the
property, goods, services, or money is able to pay.. You should know
that the Total of Payments listed below does not include finance
charges resulting from delinquency, late charges, repossession or
foreclosure costs, court costs or attorney's fees, or other charges that
may be stated in the Credit Agreement or contract. You will also
have to pay some or all of these costs and charges if the Credit
Agreement or contract, the payment of which you are guaranteeing
requires the borrower to pay such costs and charges. This notice is
not the Credit Agreement or contract that obligates you to pay the
debt. Read the Credit Agreement or contract for the exact terms of
your obligation.
IDENTIFICATION OF DEBT (S) YOU MAY HAVE TO PAY
Name of Debtor: The Borrower and Cosigner identified on the first
page of this Credit Agreement.
Name. of Creditor: Members 1st Federal Credit Union, and its
successors and assigns.
Date: If the loan is disbursed by check, the date of the check. If the
loan is disbursed electronically, the date the creditor transmits the
funds to the School.
Kind of Debt: Education loan.
Total of Payments: The Loan Amount Requested set forth on the first
page of this Credit Agreement (to the extent advanced), plus interest
and the Loan Origination Fee set forth in this Credit Agreement.
FOR OBLIGORS COSIGNING IN VERMONT:
NOTICE TO COSIGNER
YOUR SIGNATURE ON THIS CREDIT AGREEMENT MEANS
THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS
LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS
A LEGAL RIGHT TO COLLECT FROM YOU.
SM
i ~~
~~_
SEPTEMBER 21, 2012
#BWNDHKB
#E215 0055 7809 22L0#
THOMAS SHANK
168 DARR AVE
CARLISLE PA 17013-1014
American Education Services
P.O. Box 2461 Harrisburg, PA 17101-2461
Toll-free 1-800-233-0557 • TDD 717-720-2354
Fax 717-720-3916 • International 717-720-3100
www.aesSuccess.org
THIS LETTER IS FOR YOUR INFORMATION ONLY.
WHY WE ARE CONTACTING YOU
To provide you with the document that you requested.
WHAT ACTION YOU NEED TO TAKE
No action is necessary.
PH16249:PS060TSC
8825866853 4013363858 PH01659 00000000000000000
tj
31 14
THOMAS SHAKptl � : IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 12-7412-2012 Civil
JOSHUA R.. RILEY,
Defendant.
AFFIDAVIT OF SERVICE
L Patrick F. Lauer, Jr., Esquire, being duly sworn, upon oath, state that on January 24,
2013, 1 served the attached Ten Day Notice of Default.Judgment in the above captioned matter
upon Candice Riley, spouse of Joshua R. Riley, Defendant, at 102 Warren Way, Lancaster, PA
17601. Service was completed via First Class, Certified United States Postal. Service, See
Exhibit"A"
Sworn to and subscribed before me Pat ick F. au , Esquire
on this .Ia day of April, 2013 hAv Offices of Patrick F. Lauer, Jr.,LLC
2108 Market Street, Aztec Building
Camp Hill,Pennsylvania 17011-4706
ID#46430 Tel. (717) 763-1800
James W. Abraham, Esquire
Notary Public
0 ►NVi_Morv►nr LrH OF P
E"'y""YLVANIA
Notadal sea!
James W,Abnw2 jm,notary public
Biumma9sto�a�t3am,t�auphfn County
tLiy Cornmlaslon Explras tUh;_20,2013
EXHIBIT . ."A"
o THE LAW OFFICES OF.PATRICK-F. LAUER, JR., L.L.C.
2108 MARKET STREET,AZTEC BUILDING
CAMP HILL, PENNSYLVANIA 17011
Patrick F.Lauer,Jr.,Esq.* (717) '763-1800 FAX(717) 76.3-4247
1-800'$22-4LAW www.dui--oa.com
........................__.....;..._...........:............._................................._._._..........__...—.,:_.............................._...._...._.............._........_.
January 22,2013
Via Certi ied Mail
Joshua R. Riley
102 Warren Way
Lancaster,PA 17601
Re: Commonwealth v. Thomas Shank v.Joshua R. Riley,:
Docket No. 12-7412-2012 Civil
Dear Mr. Riley:
Enclosed please find a Ten Day Notice of Default Judgment. If you have any
questions,please do not hesitate to contact my office.
Very tr urs;�.
Patri L uer, squire
PFL/wk
Cc: Thomas Shank
Enclosure
*C*Bo_ard Certif ed os a Criminal Trial-4dvocate by the National Board of Trial Advocacy.
umber:Notional Associotion of Criminal Defense Lawyers
Top 1.00.Trial La3vryer 2007 by the American Trial Lawyers
"Author of Penn.ylvania Drunk Driving Defense. ,
THOMAS SHANK : IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 12-7412-2012 Civil
JOSHUA R.RILEY;
Defendant.
To: Joshua R. Riley
102 Warren Way
Lancaster, PA 17601
Date.ofNotice: January 22, 2013.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING
AN ANSWERWITH THE COURT TO THE COMPLAINT FILED AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717) 249-3166
Respectfully submitted,
Date:-- 7:;22-
—
V"'�"Of rick F. I a ,r, quire fi of P ck F. Lauer;Jr.,LLC
° 108 Market Street,Aztec Building
Camp Hill,Pennsylvania 17011-4706
ID#46430 Tel. (717)763-1800
SECTION SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY
• Complete items 1,2,and 3.Also complete Signature
item 4 if Restricted.Delivery is desired. t ❑Agent
• Print your Aars ','ndtaddress on the reverse � � Addressee
so that we can�eturn the card to you.. B. 'Receiv (Printed Na ) of ry
• Attach this�eai`d fo the back of the mailpiece,
or on the frord if space permits.
D. Is deli ry dress different from ite 1 13&4s/
1. Article Addressed to: If YES,enter delivery address below: ❑No
WA
�. Jk N G Art l�Z'Z , 'PA. ��'6 0� 3. Service Type
�ertified Mall ❑Express Mail
b Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7002 241:.00002 0986 1260
(transfer from service!at ':
PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540
l i\JIi
1 ,I U;3'"i `'O r 1 2 .,,i
�� �I " i� 1 epr?3TY
THOMAS SHANK `-1.1 '�°, ;A;• r IN THE COURT OF COMMON PLEAS OF
Plaintiff, E���.rl�.r Lti Kt I'll t�
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 12-7412-2012
JOSHUA R.RILEY, - : CIVIL ACTION - LAW
Defendant. :
PRAECIPE TO ENTER JUDGMENT BY DEFAULT
In accordance with Pa.R.C.P. 236 et. Seq., please enter judgment by default in favor of
Plaintiff, Thomas Shank, and against.Defendant, Joshua R. Riley in the amount of$19,863.93, as
follows:
A. Compensatory damages: $19,695.18
B. Court Costs: $103.75 (filing fee)
C. Attorney Fees: $65.00 (service fee)
�� 19, 8C .a 3 P`"
Respectfully submitted,
Date:
Pa ick F. Lau, , Esquire
L w Of 1 es of Patrick F. Lauer, Jr.,LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID#46430 Tel. (717)763-1800
Counsel for Thomas Shank
aU\ 411`\4*
c),0\ a)UP
q„)� a
cp Wailed
: C;
THOMAS SHANK -'-'c'E-t'ltSiLv : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA
v. : NO. 12-7412-2012 Civil
JOSHUA R. RILEY, :
Defendant. :
AFFIDAVIT OF SERVICE
I, Patrick F. Lauer, Jr., Esquire, being duly sworn, upon oath, state that on January 24,
2013, I served the attached Ten Day Notice of Default Judgment in the above captioned matter
upon Candice Riley, spouse of Joshua R. Riley, Defendant, at 102 Warren Way, Lancaster, PA
17601. Service was completed via First Class, Certified United States Postal Service, See
Exhibit"A".
1 _
Sworn to and subscribed before me Pat ick F au& , Esquire
on this ,n,2 2. day of April,2013 Offices o Patrick F.Lauer, Jr.,LLC
2108 Market Street,Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID#46430 Tel. (717)763-1800
James W. Abraham, Esquire
Notary Public
a �9i+a,
L s , d his , c I
v P°'ei c: fS k
n.,,,,,,77:37:7-17.....:7:.:2::.;,:,'it t H / 207:3
•
•
•
•
•
•
•
•
EXHIBIT "A"
•
•
THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C.
2108 MARKET STREET,AZTEC BUILDING
CAMP HILL, PENNSYLVANIA 17011
Patrick F.Lauer, Jr.,Esq.* (717) 763-1800 FAX(717) 76.3-4247
1-800-822-4LAW www.dui-pa.com
January 22, 2013 .
•
•
Via Certified Mail
Joshua R. Riley
102 Warren Way
Lancaster,PA 17601
Re: Commonwealth v. Thomas Shank v. Joshua R. Riley
Docket No. 12-7412-2012 Civil
Dear Mr. Riley:
Enclosed please find a Ten Day.Notice of Default Judgment. If you have any •
questions,please do not hesitate to contact my office.
Very tr ours,
Petri L uer, :, squire
PFL/wk
Cc: .Thomas Shank
Enclosure
* %Board Certified as a Crir:inai Triad Advocate by the National Board of Trial Advocacy.-' - .
`.`f=>'1�fdfiZDe
NationalAssociatioii of Criminal Defense Lawyers
op 109 Trial Lawyer 2007 by the American Trial Lai yers
"ALIthor of Pennsylvania Dram,.Driving Defense.
THOMAS SHANK : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA
v. : NO. 12-7412-2012 Civil
JOSHUA R.RILEY, •
Defendant.
To: Joshua R. Riley
102 Warren Way
Lancaster, PA 17601
Date of Notice: January 22, 2013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING
AN ANSWER WITH THE COURT TO THE COMPLAINT FILED AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166
Respectfully submitted,
Date: /
P-trick F. La .�F wire
. . q
Law'Offi of P�trick F. Lauer;Jr.,LLC
108 Market Street,Aztec Building
Camp Hill,Pennsylvania 17011-4706
IID 46430 Tel. (717) 763-1800
SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
® Complete items 1,-2,and 3.Also complete Ay Signature
item 4 if Restricted.Delivery is desired. ■ ', 5 ';( ❑Agent
® Print your!-;nart 72nd address on the reverseN,, X f3 ✓C tiY UjL�l'�} .f(, _Addressee
so that we canssturri the card to you.. -B. Receiv y(Printed Name) 2 of i ry
® Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is deli ry, dress different from ite 1. ❑ s
1. Article Addressed to: If YES,enter delivery address below: ❑No
3043kSc R\���
1(01, live-N,K�nI LvA`1
'L �N c T• '- , ?4. 11-60` 3. Service Type
Certified Mail ❑Express Mail
Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7002 2410 0002 0986 1260
(Transfer from service/at ,
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-1N-1540
THOMAS SHANK : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 12-7412-2012
JOSHUA R. RILEY, : CIVIL ACTION - LAW
Defendant.
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a true and correct copy of the foregoing
Praecipe to Enter Judgment by Default upon the person and in the manner indicated below,
which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first
class mail to the address listed below:
Joshua R. Riley
102 Warren Way
Lancaster, PA 17601
Respectfully submitted,
Date: J
Pa ick F aue , Jr., Esquire
w Of es o Patrick F. Lauer,Jr.,LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID#46430 Tel. (717)763-1800
THOMAS SHANK • IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 12-7412-2012
JOSHUA R. RILEY, : CIVIL ACTION - LAW
Defendant.
NOTICE
(Pursuant to PA R.C.P. 236, as revised)
To: Joshua R. Riley
102 Warren Way
Lancaster, PA 17601
Notice is hereby given that Judgment By Default in the above-captioned civil action has
been entered against you in the amount of$19,695.18,plus continuing costs and attorney fees,
Ake. 2Q 2013.
PROTHONOTARY OF
CUMBERL D COUNTY
Date: � `3 By:
Clerk or Deputy
If you have any questions regarding the above-captioned case,please contact:
P tric F. auer, Jr., Esquire
Law Offices of Patrick F. Lauer,Jr.,LLC
2108 Market Street,Aztec Building
Camp Hill,Pennsylvania 17011-4706
ID#46430 Tel. (717) 763-1800
Counsel for Thomas Shank