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Home My WebLink About14-0063 Supreme Co 10 Pennsylvania COuI' - oU C&fimo Pleas For Prothonotary Use Only: CK><1ver . f� Docket No: Ay Cur beHand'° to County _ dt Y The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S xi Complaint [3 Writ of Summons Petition 0 Transfer from Another Jurisdiction J Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Stephen D. Bruner Matthew J. Brown T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? X] Yes 0 No (check one) Ox, outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes x No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: Robert C. Saidis Check here if you have no attorney (are a Self- Represented I Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S L_1 Product Liability (does not include mass tort) � Employment Dispute: E � Slander/Libel /Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: 1 0 Other: O MASS TORT 0 Asbestos N n Tobacco J Toxic Tort - DES _;i Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste f i Other: 0 Ejectment f� Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation J Declaratory Judgment fU Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute Q Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental Partition Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 i STEPHEN D. BRUNER and IN THE COURT OF COMMON PLEAS EILEEN M. BRUNER, CUMBERLAND COUNTY, PENNSYLVANIA Husband and Wife Plaintiffs /�_ / b V. NO. CIVIL TERM MATTHEW J. BROWN and JAMIE M. BROWN, CIVIL ACTION Husband and Wife 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 days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or 800 - 990 -9108 SAIDIS. IV N & ROGERS --o - — i ED T: ' Robert C}. Saidis, Esquire Attorney ID 21458 a - -- 26 West High Street : ? — T'c Carlisle, PA 17013 " =i ( (717)243 -6222' Counsel for Plaintiff J 3 ,��ooas � .1 STEPHEN D. BRUNER and IN THE COURT OF COMMON PLEAS EILEEN M. BRUNER, CUMBERLAND COUNTY, PENNSYLVANIA Husband and Wife Plaintiffs V. NO. CIVIL TERM MATTHEW J. BROWN and JAMIE M. BROWN, CIVIL ACTION Husband and Wife Defendants COMPLAINT AND NOW, come the Plaintiffs, Stephen D. Bruner and Eileen M. Bruner, husband and wife, by and through their attorneys, Saidis, Sullivan & Rogers, and file this Complaint against Defendants, Matthew J. Brown and Jamie M. Brown, and aver in support thereof as follows: 1. The Plaintiffs are STEPHEN D. BRUNER AND EILEEN M. BRUNER, adult individuals residing at 4705 Augusta Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendants are MATTHEW J. BROWN AND JAMIE M. BROWN, adult individuals residing at 854 Marshall Drive, Carlisle, Cumberland County, Pennsylvania 17013 -1662. 3 On or about July 15, 2008, Plaintiffs conveyed the property located at 85 Sandy Hollow Road, Shermans Dale, Carroll Township, Perry County, Pennsylvania 17090 ( "The Property") to the Defendants. 4. Plaintiffs provided Defendants partial seller financing in the amount of $220,000.00. 5. To secure the seller financing, Defendants executed a Note dated July 15, 2010 in the principal amount of $220,000.00 together with interest at 6.00% per year (hereinafter "Note "). A true and correct copy is attached hereto and incorporated herein as "Exhibit A." 6. The Plaintiffs are the holders of the Note, which has not been assigned. 7. Pursuant to the terms of the Note, Defendants were to pay Plaintiffs monthly installments of principal and interest in the amount of one thousand five hundred seventy -six dollars and fifteen cents ($1,576.15) beginning August 15, 2008 and continuing each month thereafter until July 15, 2013, 8. On July 15, 2013, the Note required a balloon payment by the Defendants to the Plaintiffs of the entire principal and accrued interest due and owing. 9. The Note provides for late charges, costs and attorneys' fees. 10. The Defendants defaulted on the Note and have not made any payments since November 15, 2011. 11. Despite repeated demands by Plaintiffs for payment, Defendants have refused to pay. 12. Pursuant to the terms of the Note, the Defendants are indebted to the Plaintiffs under the Note in the amount of: Principal Balance as of December 1, 2013 $208,532.07 Interest from November 15, 2011 through December 1, 2013 $ 16,682.56 Late fees $ 11,923.99 Estimated cost of Suit $ 750.00 Estimated attorney's fees $ 10,000.00 Total $247,888.62 WHEREFORE, Plaintiffs respectfully demand judgment in favor of the Plaintiffs and against Defendants, Matthew J. Brown and Jamie M. Brown in the sum of $247,888.62. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Robert. Saidis, squire 'Attorney ID 21458 26 West High Street Carlisle, PA 17013 (717) 243 -6222 Dated: Counsel for Plaintiff STEPHEN D. & EILEEN M. COURT OF COMMON PLEAS OF BRUNER Husband and Wife CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs V. NO' CIVIL TERM MATTHEW J. & JAMIE M. BROWN, Husband and Wife CIVIL ACTION Defendants VERIFICATION I /We verify that the statements made in the foregoing document are true and correct. I /We understand that false statements herein are made subject to the penalties of 18 Pa..C.S. § 4904, relating to unsworn falsification to authorities. I Z3 ZC) 1 3 �` 1 / Steph n D. Bruner E een M. Bruner $220,000.00 July 1,, LUU6 �( r NOTE Matthew J. Brown and Jamie M. Brown, husband and wife (`Borrower "), of 115 North Carlisle Street, New Bloomfield, Perry County, Pennsylvania 17168, hereby promise to pay to Stephen D. Bruner and Eileen M. Bruner, 1Usband and wife ( "Holder" or "Bruner ") of 4705 Augusta Drive, Mechanicsburg, Cumberland County, - Pennsylvania 17050 their heirs or assigns, Two Hundred Twenty Thousand Dollars ($220,000.00) together with interest at 6.00`%, per annum on or before July 15, 2013 or upon the sale and settlement, or rental, of any portion of the real estate encumbered by the Mortgage executed simultaneously herewith. Provided, however, that in the event Holder fails to secure final approval of the Subdivision (as hereinafter defined) from Carroll Township, Perry County, Pennsylvania and all other governmental approvals on or before July 15, 2009, then, and only then, the amount of principal owed by Borrower to Holder shall be reduced from $220,000.000 to $60,800.00. Subdivision shall mean the four lot subdivision of Stephen Bruner previously submitted to Carroll Township for the real estate on Township Road 343, Sandy Hollow Road. PAYMENTS. Borrower shall pay principal and interest in the amount of $1,576.15 commencing August 15, 2008. Payments shall be applied to principal before interest. If on July 15, 2013, Borrower still owes amounts under this Note, Borrower will pay those amounts in full on that date which is called the Maturity Date. Borrower acknowledges that there shall be a balloon payment due and payable on the Maturity Date and that the monthly payments of principal and interest are insufficient to amortize the Principal. DEFAULT. If Borrower does not pay the frill amount of each payment on the date it is due, Borrower will be in default. If Borrower is in default, the Bruner may require Borrower to pay immediately the full amount of principal which has not been paid and all the interest that Borrower owes on that amount. LATE PAYMENT. If the Bruner has not received the full payment of any payment by the end of fifteen (15) calendar days after its due date, Borrower will pay a late charge to the Bruner. The amount of the charge will be five (5 %) percent of the overdue payment of interest and principal. Borrower will pay this late charge promptly. NO WAIVER BY BRUNEI2. Even if,, at a time when Borrower is in default, the Bruner does not require Borrower to pay immediately in frill as described above, the Bruner will still have the right to do so if Borrower is in default at a later time. PAYMENT OF BRUNER'S COSTS AND EXPENSES. If the Bruner has required Borrower to pay inunediately in full, the Bruner will have the right to be paid back by Borrower for all of Bruner's costs and expenses in enforcing this Note to the extent not prohibited by applicable law including, but not limited to, reasonable attorney's fees. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Bruner's prior written consent, Bruner may, at Bruner's option, require immediate payment in full of all sums secured by this Note. NON ASSIGNMENT. This Note and the related Mortgage dated even herewith or any portion of them cannot be assigned without the prior written approval of Bruner. Bruner is under no obligation to give such consent and may withhold said consent at Bruner's option. 'A'AIVERS: Notice demand, presentment, or protest is expressly waived by Borrower. PREPAYMENT: Borrower shall have the right to prepay all or any part of the principal amount of this Note at any time or from time to time without premium or penalty. In witness whereof. the undersigned Borrower has set their hands and seals July 15, 2008. WIT ,. Ma zew . Brown (SEAL) Jar own (SEAL)