HomeMy WebLinkAbout14-0595 x
Supreme Co u f �o : ennsylvania
Cou O CAmmo Pleas For Prothonotary Use Only:
ver`Sh
Docket No: S
Cu, flan' 7 l l�A
County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S 0 Complaint _j Writ of Summons IJ Petition
E] Transfer from Another Jurisdiction -1 Declaration of Taking
:E
C Lead Plaintiff's Name: Lead Defendant's Name:
Daniel Webster Francis D. Pascale, III and Lisa M. Pascale
'T
I Are money damages requested? Yes E No Dollar Amount Requested: IX! within arbitration limits
(check one) 0 outside arbitration limits
i0
N Is this a Class Action Suit? 7 Yes F[xj No Is this an MDJAppeal? ❑ Yes X No
A Name of Plaintiff /Appellant's Attorney: Stanley J.A. Laskowski, Esquire
1_.I Check here if you have no attorney (are a Self- Represented [Pro Se] 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
El Intentional r1_1j Buyer Plaintiff Administrative Agencies
MLJ Malicious Prosecution F-3 Debt Collection: Credit Card 0 Board of Assessment
70 Motor Vehicle zl Debt Collection: Other 0 Board of Elections
Ci Nuisance Promissory Note J Dept. of Transportation
_i Premises Liability Q Statutory Appeal: Other
S C_I Product Liability (does not include
E mass tort) Employment Dispute:
Slander/Libel /Defamation Discrimination
C E Other: � Employment Dispute: Other Zoning Board
T Other:
I Other:
O MASS TORT
❑ Asbestos
N i=; Tobacco
] Toxic Tort - DES
C Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste 0 Ejectment F1 Common Law /Statutory Arbitration
0 Other: 0 Eminent Domain /Condemnation [J Declaratory Judgment
B [-J Ground Rent J Mandamus
❑ Landlord /Tenant Dispute L=a Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto
E3 Dental fJ Partition Replevin
0 Legal ❑ Quiet Title Other:
0 Medical E Other:
Other Professional:
Updated 1/1/2011
k
OF THE Pf"
2014 JAN 30 A S: T6
CUMBERLAND GOUNTY
CALDWELL & KEARNS, P.C. PENNSYLVANIA
Stanley J. A. Laskowski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
=_ Harrisburg, PA 17110
(717) 232 -7661
Attorney for Plaintiff
DANIEL WEBSTER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS. NO./ 7s
FRANCIS D. PASCAL•E, III, and
LISA M. PASCALE, CIVIL ACTION -LAW
Defendants.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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
(800) 990 -9108 �03 , �f •��p
(717) 244 -3166
C 2 Z�
/z .301 7/
DANIEL WEBSTER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs. NO.
FRANCIS D. PASCALE, III, and
LISA M. PASCALE, CIVIL ACTION - LAW
Defendants.
AVISO
USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de
los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n 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 reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLEINFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800) 990 -9108
(717) 244 -3166
2
CALDWELL & KEARNS, P.C.
Stanley J. A. Laskowski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232 -7661
Attorney for Plaintiff
DANIEL WEBSTER, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS. NO.
FRANCIS D. PASCALE, III, and
LISA M. PASCALE, CIVIL ACTION - LAW
Defendants.
COMPLAINT
Plaintiff, Daniel Webster, by and through his attorneys, Caldwell & Kearns, P.C., files the
following Complaint, and in support thereof avers as follows:
1. Plaintiff, Daniel Webster, is an adult individual currently residing at 1203
Bauman Court, Mechanicsburg, Pennsylvania 17055.
2. Defendants, Francis D. Pascale, III and Lisa M. Pascale, are married adult
individuals who, upon information and belief, reside at 13 Southmont Drive, Enola, Pennsylvania
17025.
3. On July 9, 2012, the parties executed a Promissory Note (hereinafter "Note ") in
the amount of $15,000, designating Defendants as "borrowers" and Plaintiff as "payee." (A true
and correct copy of the above - referenced Promissory Note is attached hereto as Exhibit "A ".)
3
Y
4. Pursuant to the Note, Defendants promised to pay Plaintiff $400 of principal every
month, together with interest accrued on the unpaid balance at an annual rate of 19.396% (or the
Y
maximum rate allowed by applicable law, whichever was less).
5. Pursuant to the Note, payment was to be made on the 15th day of each month,
with an initial date of payment on September 15, 2012.
6. From September 15, 2012, to December 15, 2012, Defendants paid $400.00 per
month, which pursuant to Clause 2 of the Note was applied first to interest already accrued, for a
total of $1,600.00.
7. Defendants have not made any payments upon the Note since December 15, 2012.
8. Defendants' failure to make payment for every month since their last payment on
December 15, 2012, constitutes a default under Clause 6 of the Note.
9. On November 7, 2013, although notice of default was waived by Defendants
under Clause 8 of the Note, Plaintiff's counsel wrote to Defendants advising them of their
continued obligations and the consequences of failing to abide by the terms of the Note. (A true
and correct copy of counsel's November 7, 2013, correspondence to Defendants is attached
hereto and marked as Exhibit `B ".)
10. On December 19, 2013, pursuant to Plaintiff's right to accelerate all principal and
other amounts owed under the Note provided for in Clause 7, Plaintiff demanded that Defendants
pay the full balance remaining on the Note together with all accrued interest. (A true and correct
copy of counsel's December 19, 2013, correspondence to Defendants is attached hereto as
Exhibit "C ".)
4
11. As of January 15, 2014, the outstanding balance of principal and interest on the
Note was $17,750.52, with interest continuing to accrue on a daily basis at the rate of
approximately 0.053 %, or approximately 1.62% per month.
12. Pursuant to Clause 14 of the Note, Defendants agreed to pay any and all costs
incurred by Plaintiff in collecting sums payable under the Note, including reasonable attorneys'
fees and court costs.
13. Plaintiff has incurred legal fees as of January 20, 2014, in the amount of $760.00
related to collection of sums payable under the Note, together with such additional attorneys' fees
as shall continue to accrue with respect to the conclusion of this action.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor and
against the Defendants, individually and jointly, in the amount of $18,510.52, together with
interest, attorneys fees and costs, which does not exceed the jurisdictional amount requiring
compulsory arbitration.
Respectfully submitted,
CALDWELL & KEARNS, P.C.
Date: January �� , 2014 By:
Stanley J. A askowski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232 -7661
Attorney for Plaintiff Daniel Webster
13115- 001 /FL *2529
5
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1
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1
PROMISSORY NOTE
, [Amount ofNote]
This promissory note (th� e�"'Note ") is made.and e etive .Ju� ,21Date], by and
between Yr�+�� •/utCa� -1-�� astir , an [individual] ozporation]
[limited,liability company] [etc.] (the "Borrower "), and^ , an
[individual] [corporation] [limited liability company] [eta (the "Payee'?
1. PROMISE OF PAYMENT.
FOR VALUE RECEIVE , the Borrower promises to pay to the Payee, at
/070, '64UPAdy ' , [Address], .ts� [CitY], '[State] J [Zip
Code], or at such other lace as the.P yee may defignate in writing from time to time, the
principal amount of Dollars ($ Ott t�v , together with interest
accruing on the unpaid balance thereof until due. The interest rate on this Note shall be an
annual rate, of interest equal to v**_ [Rate] ([Rate] %.) percent, or the maximum
amount allowed by applicable law, whichever is less. Interest shall be .computed on the
basis of a year of 365 days and the actual number of -days elapsed.
2.. MONTHLY INSTALLMENT PAYMENTS.
The Borrower will.pay said principal and iri est.to the. Payee in equal installment
payments of I WO, cc' , on the nay of each month. [INSERT OTHER
PAYMENT SCHEDULE AS AGREED]. Payments :shall be to the;Payee's address as
designated above. All payments will be applied first to interest and the remainder to
principal, and interest shall cease to accrue on any principal so paid. Acceptance by the
Payee of any payment differing from the designated installment payment listed above
does not relieve the Borrower of the obligation to .honor the requirements of this Note.
3. INITIAL DATE.
The first payment under this Note is due and payable .on the day of
20 A like installment shall be due on the same day of each
su ceeding month thereafter. [INSERT OTHER PAYMENT SCHEDULE AS AGREED]
4. PREPAYMENT.
The Borrower may prepay this Note, in whole or in part, at any time before maturity
without penalty or premium.
5. LUMP -SUM FINAL PAYMENT.
Secured Promissory Note (Installment with Balloon Final Payment)
The entire outstanding principal balane , :including . apy accrued interest, shall be due and
payable in full on or before the _ -� day of u , 20.
6. EVENTS OF DEFAULT,
The Borrower will be deemed to be in default under this Note on the occurrence of any of
the following events (each. an "Event of Default "): (1) on the Borrower's failure to make
any payment when due under this Note, which failure continues for a period of ten (10)
days after such due date; (ii) on the filing regarding the .Borrower of any voluntary or
involuntary petition for relief under the United 'States Bankruptcy Code or the initiation
of any proceeding under federal law or law of any other jurisdiction for the general relief
of debtors; or (iii) on the execution by the Borrower of an assignment for the benefit of
creditors or the appointment. of a receiver, custodian, trustee, or similar party to take
possession ,of the Borrower's assets or property.
7. ACCELERATION; REMEDIES ON DEFAULT.
On the occurrence of any Event of Default, at the option of the Payee, all principal and
other amounts owed under this Note shall become immediately due and payable without
notice or demand by the Payee, and the Payee, in addition to its rights and remedies under
this Note, may pursue any legal or equitable remedies that are available to it.
8. WAIVER OF PRESENTMENT; DEMAND.
The Borrower hereby waives presentment, demand, notice of dishonor, notice of default
or delinquency, notice of protest and nonpayment, notice of costs, expenses, or losses and
interest thereon, notice of interest on interest and late charges, and diligence in taking any
action to collect any sums owing under this Note, including (to the extent permitted by
law) waiving the pleading of any statute of limitations as .a defense to any demand against
the undersigned, or yin proceeding against any of the rights or interests in or to properties
securing payment of this Note.
9. SUCCESSORS AND ASSIGNS.
All references in this Note to the Borrower and the Payee shall be deemed to include, as
applicable, a reference to their respective successors and assigns. The provisions of this
Note shall be binding upon and shall inure to the benefit of the successors and assigns of
the Borrower and the Payee.
10. NOTICE.
Any notice or other communication provided for herein or given. hereunder to a parry
hereto shall be in writing and shall be given in person, by overnight courier, or by mail
(registered or certified mail., postage prepaid, return. receipt requested) to the respective
party as follows:
Secured Promissory Note (Installment with Balloon Final Payment)
If to the Payee-
y��'Nt•Ci /� j "
1?n
u /71�5"s
.If to the Borrower
7
11. GOVERNING LAW.
This Note shall be governed as to validity, interpretation, construct effect, and in all
other respects by the laws and decisions of the Commonwealth,of A l vawmv ,
without regards to its conflict -of -law provisions. The Bo ower herOv lyre Y y ocably
consents to the jurisdiction of the courts of County, c r.13;4 4 with
respect to any matter arising under this Note, and further irrevocably consents to - service
of process by hand delivery to the address listed above for the Borrower.
12. ENTIRE AGREEMENT.
This Note constitutes the final, complete, and exclusive statement of the agreement of.the .
parties with respect to the ,subject matter hereof, and supersedes any and all otherpiior
and contemporaneous agreements and understandings, both written and oral, between the
parties.
13. NO IMPLIED WAIVER.
The Payee's failure to :exercise any right or remedy provided in this Note shall not be
construed as a waiver of any future exercise of that right or exercise of any other right or
remedy to which the Payee may be entitled.
14. COLLECTION COSTS AND ATTORNEYS' FEES.
The Borrower agrees. to, pay any and all costs incurred by the'Payee in collecting sums
payable under this Note, including reasonable attorneys' fees and court costs in. addition
to other amounts due without protest of any kind.
.15. SEVERABILITY.
If one or more of the provisions of this Note shall be declared or held to be invalid,
illegal, or unenforceable in any respect i-wany jurisdiction, the validity, legality, and
enforceability of the remaining provisions hereof shall not in any way be affected or
impaired thereby and any such declaration or holding shall not invalidate or render
unenforceable such provision in any other jurisdiction.
Secured.Promissory Note (Installment with Balloon Final]'7yment)
16. HEADINGS.
Headings used
in this Note are provided for -convenience only and ;shall not be used.to.
construe meaning or intent.
[SIGNATURE PAGE FOLLOWS]
Secured Promissory Note (Installment with Balloon Final F4yment)
IN WITNESS WHEREOF, the parties have executed this Note as of the date
first above written.
PAYEE [PAYEE NAME] I)arre�
By;
Name:
BORROWER [BORROWER NAME] ,7' 4arO�
Aso
By: —�
Name:
Naive:
Secured Promissory Note (Installment with Balloon Final I5ryment)
I
o
� II I
Exhibit B
M
JAMES R. CLIPPINGER CALDWELL & KEARNS OF COUNSEL
• JAMES L. GOLDSMITH A PROFESSIONAL CORPORATION JAMES D. CAMPBELL, JR.
STANLEY I.A. LASKOWSKI
DOUGLAS K. MARSICO ATTORNEYS AT LAW CHARLES J. DEHART, III
BRETT M. WOODBURN
MICHAEL D. REED
MICHAEL A. FARRELL THOMAS D. CALDWELL, JR.
(1928 -2001)
THOMAS M. FRATICELLI 3631 NORTH FRONT STREET
PETER M. GOOD HARRISBURG, PENNSYLVANIA 17110 -1533 CARL G. WASS
ELIZABETH H. FEATHER
GREGORY D. GEISS (1937-2010)
THOMAS S. LEE 717 - 232 -7661 RICHARD L KEARNS
DAVID J. EVENHUIS FAX: 717 -232 -2766 RETIRED
JESSICA E. MERCY
JOSEPH S. SWARTZ THEFIRM @CKLEGAL.NET -
November 7, 2013
Francis D. Pascale, III
Lisa M. Pascale
13 Southmont Drive
Enola, PA 17025
Re: Promissory Note
Dear Mr. and Mrs. Pascale:
This letter is to inform you that I have been engaged by Daniel Webster to represent him
concerning an obligation which you owe to him and with respect to which you are currently in
arrears. This obligation is a Promissory Note in the amount of $15,000.00 dated July 9, 2012
which was executed by each of you.
As you will recall the Note provided for monthly principal payments in the amount of
$400.00 together with interest. The last payment which was received from you was for
December of 2012. The unpaid principal balance of the Note currently outstanding is
$14,664.67 plus accrued interest of $2,828.62 for a total amount due of $17,493.29 as of
November 15, 2013.
Payments are due on the 15` day of each month. Your failure to make payment since
December 2012 is a default of the terms and conditions of the Note. Demand is hereby made for
a payment of the monthly installments due and owing beginning with January 15, 2013 through
November 15, 2013 in a total amount of $4,400.00. Payment is requested to be made of these
arrearages within ten (10) days of the date of this letter. If you are not able to make a lump sum
payment of the monthly installments due, please contact me to discuss an alternate resolution of
your arrearages and arrangements for resumption of your payments. In the event that you do not
snake payment as requested or otherwise contact me to resolve the arrears for your obligation
within ten (10) days, I shall have no alternative but to advise my client to proceed with
exercising his legal remedies including the initiation of appropriate legal action. Initiating legal
action would result in additional court costs and expenses including reasonable attorney's fees
for which you would also be responsible pursuant to the terms and conditions of the Note.
Francis D. Pascale, III
Lisa M. Pascale
November 7, 2013
Page 2
I trust that this matter will receive your immediate attention and I look forward to hearing
from you in order that we may bring this matter to an amicable resolution.
Very truly yours,
Stanle J.. Laskowski
Y
Caldwell & Kearns, P.C.
slaskowski(cr�,cklegal.net
SJAL:tas
cc: Daniel Webster
13115- 001/208639
y
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v
CALDWELL & KEARNS
JAMES R. CLIPPINOER OF COUNSEL
JAMES L. GOLDSMITH A PROFESSIONAL CORPORATION JAMES D. CAMPBELL, JR.
STANLEYJ.A. LASKOWSKI
DOUGLAS K. MARSICO ATTORNEYS AT LAW CHARLES J. DENARY, III
BRETT M. WOODBURN
MICHAEL D. REED THOMAS D. CALDWELL, JR.
MICHAEL A. FARRELL
(1928 -2001)
THOMAS M. FRATICELLI 3631 NORTH FRONT STREET
PETER M. GOOD HARRISBURG, PENNSYLVANIA 17110 -1533 CARL G. WASS
ELIZABETH H. FEATHER (1937 -2010)
GREGORY D. GEISS
THOMAS S. LEE 717- 232 -7661 RICHARD L. KEARNS
DAVID J. EVENHUIS FAX: 717 - 232 -2766 RETIRED
JESSICA E. MERCY
JOSEPH S. SWARTZ THEFIRM @CKLEGAL.NET
December 19, 2013
Francis D. Pascale, III
Lisa M. Pascale
13 Southmont Drive
Enola, PA 17025
Re: Promissory Note
Dear Mr. and Mrs. Pascale:
On November 7, 2013 I wrote to you concerning the status of your arrearages to my
client, Daniel Webster, for a promissory note dated July 9, 2012. A demand was made to bring
your payments current on the note. That payment has not been received and you have not
contacted our office to provide alternate arrangements.
As a result of your inaction, demand is made for payment in full of the balance of the
note in the amount of $17,215.02, plus interest as of November 15, 2013. If payment is not
received or you do not otherwise contact me within seven (7) days of the date of this letter to
resolve this matter, please be advised that appropriate legal action shall be initiated against you.
Please govern yourself accordingly.
Very truly yours, _
Stanley J.A. askowski
Caldwell & Kearns, P.C.
slaskowski(a�clde al.net
SJAL:tas
cc: Daniel Webster
13115- 001/FL00001349
d R
VERIFICATION
I, Daniel Webster, verify that the averments made in this Complaint are true and correct
to the best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C. S. 4904, relating to unworn falsification to authorities.
Date: January 2014 - gj—z&��
Daniel Webster
131'i FED 28 Af; II. 06
.UI' BERLA, D COUNTY
CALDWELL & KEARNS, P.C.
PENNSYLVANIA
Stanley J.A. Laskowski, Esquire
Attorney I.D.No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff
DANIEL WEBSTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 14-595 Civil
•
FRANCIS D. PASCALE, III, and
LISA M. PASCALE, : CIVIL ACTION - LAW
Defendants
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate the Complaint in the above-captioned action originally filed on January
30, 2014 as attached.
Respectfully submitted,
CALDWELL & KEARNS,P.C.
Date: 2°27-I y By:
Stanley J. A. a kowski, Esquire
Attorney I.D.No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff Daniel Webster
13115-001/FL0004649 ot + a I I!.7S f
e/L.g6237/ a
)241 2 a(s
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
THE P O I HON t i,,;(`i
21114 APR -2 PH fi: 1 3
CUMBERLAND COUNTY
PENNSYLVANIA.
OFF i Cif- THE iS 4 IFF
Daniel Webster
vs.
Francis D Pascale, III (et al.)
Case Number
2014 -595
SHERIFF'S RETURN OF SERVICE
01/31/2014 12:14 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Francis D Pascale, III, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as Not
Found" at 13 Southmont Drive, East Pennsboro, Enola, PA 17025. Residence is vacant, per the Enola
Postmaster the defendant has a forwarding address of 158 Canal Street, Apt. 2B, Hummelstown, PA
17036.
03/04/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Francis D Pascale, III, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the
within Complaint & Notice according to law.
03/04/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Lisa Marley Pascale, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within
Complaint & Notice according to law.
03/04/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Lisa Marley Pascale, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as Not Found" at 13
Southmont Drive, East Pennsboro, Enola, PA 17025. Residence is vacant, per the Enola Postmaster the
defendant has a forwarding address of 158 Canal Street, Apt. 2B, Hummelstown, PA 17036.
03/13/2014 10:55 AM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Francis D
Pascale, III, personally, at Dauphin County Sheriffs Office, 101 Market Street, Room 104, Harrisburg, PA
17101, Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record.
03/14/2014 The requested Complaint & Notice served by the Sheriff of Dauphin County upon Lisa Marley Pascale,
personally, at Dauphin County Sheriffs Office, 101 Market Street, Room 104, Harrisburg, PA 17101, Jack
Lotwick, Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $73.49 SO ANSWERS,
March 19, 2014
(c) COuftySuite Sheriff, Teleasoft, Inc.
ROZR ANDERSON, SHERIFF
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101 -2079
ph: (717) 780 -6590 fax: (717) 255 -2889
Jack Lotwick
Sheriff
T
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
DANIEL WEBSTER
VS
FRANCIS D. PASCALE, III
Sheriffs Return
No. 2014 -T -0747
OTHER COUNTY NO. 2014 -595
And now: MARCH 13, 2014 at 10:55:00 AM served the within REINSTATED COMPLAINT &
NOTICE upon FRANCIS D. PASCALE, III by personally handing to FRANCIS D. PASCALE, III
1 true attested copy of the original REINSTATED COMPLAINT & NOTICE and making known to
him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, 101 MARKET STREET,
ROOM 104 HARRISBURG PA 17101
Sworn and subscribed to
before me this 18TH day of March, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
Sheriff of Dauphin County, Pa.
By
Deputy She f
Deputy: MEGAN TRITT
Sheriffs Costs: $68.5 3/7/2014
Shelley Ruhl
Real Estate Deputy
Matthew L. Owens
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101 -2079
ph: (717) 780 -6590 fax: (717) 255 -2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
DANIEL WEBSTER
VS
FRANCIS D. PASCALE, III
Sheriffs Return
No. 2014 -T -0747
OTHER COUNTY NO. 2014 -595
And now: MARCH 13, 2014 at 10:55:00 AM served the within REINSTATED COMPLAINT &
NOTICE upon LISA MARLEY PASCALE by personally handing to LISA MARLEY PASCALE
1 true attested copy of the original REINSTATED COMPLAINT & NOTICE and making known to
him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, 101 MARKET STREET,
ROOM 104 HARRISBURG PA 17101
Sworn and subscribed to
before me this 18TH day of March, 2014
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires January 8, 2018
So Answers,
Sheriff of Dauphin County, Pa.
r
By CL'v1
Deputy Sh .'r ff
Deputy: M GAN TRITT
Sheriffs Costs: $68.5 3/7/2014
CALDWELL & KEARNS, P.C.
Stanley J.A. Laskowski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff
FiLF0-OFFICE
THE PROTHONOTARY
2014 APR 23 All 8 36
CUMBERLAND COUNTY
PENNSYLVANIA
DANIEL WEBSTER,
Plaintiff
VS.
FRANCIS D. PASCALE, III, and
LISA M. PASCALE,
Defendants
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-595 Civil
: CIVIL ACTION - LAW
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment pursuant to Pa. R.C.P. 107(b) of the Pennsylvania Rules of Civil
Procedure, against Defendants Francis D. Pascale, III and Lisa M. Pascale, jointly and
individually, for failure to file an Answer to the Complaint or otherwise plead thereto. The
undersigned counsel hereby certifies that notice of intent to file the praecipe, together with
original certificate of mailing, in the form attached hereto as Exhibit "A" was previously served
upon the Defendants in accordance with the requirements of Pennsylvania Rule of Civil
Procedure 237.1.
The judgment shall be set forth and entered in the amount of $19,266.15 plus interest and
costs of suit.
Date: April 23, 2014 By:
13115-001/FL00007817
Respectfully submitted,
CALDWELL & KEARNS, P.C.
Stanley J A. askowski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff Daniel Webster
�.
.r
UNITED STATES
POSTAL SERVICE
Certificate Of Mail]
This Certificate of Mailing provides evidence that mail has been presented to
This form may be used for domestic and intemational mail,
From:
Stanley J.A. Laskows
Caldwell & Kearns
3631 North Front at
Harrisburg, PA 17 '141
Francis D. Pascale, III
158 Canal Street
Apartment 2B
Hummelstown, PA 17036 —
PS Form 3817, April 2007 PSN 7530 -02- 000 -9065
JAMES R. CLIPPINGER
JAMES I... GOLDSMITH
STANLEY J.A. LASKOWSKI
DOUGLAS K. MARSICO
BRETT M. WOODBURN
MICHAEL D. REED
MICHAEL A. FARRELL
THOMAS M. FRATICELLI
PETER M. GOOD
ELIZABETH H. FEATHER
DAVID A. WION
JEAN D. SEIBERT
GREGORY D. GEMS
THOMAS S. LEE
JESSICA E. MERCY
JOSEPH S. SWARTZ
Francis D. Pascale, III
158 Canal Street
Apartment 2B
Hummelstown, PA 17036
CALDWELL & KEARNS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3631 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17110-1533
717-232-7661
FAX: 717-232-2766
THEFIRM@CKLEGAL.NET
April 10, 2014
Re: Daniel Webster v. Francis and Lisa Pascale
Docket No. 14-595
Dear Mr. Pascale:
OF COUNSEL
JAMES D. CAMPBELL, JR.
CHARLES J, DEHART, III
THOMAS D. CALDWELL, JR.
(1928-2001)
Please find enclosed herewith constituting service upon you an Important Notice
regarding your failure to respond to the Complaint in the above-referenced matter. Please
govern yourself accordingly.
Very truly yours,
Stanley J.A. Laskowski
Caldwell & Kearns, P.C.
slaskowski@c1clegal.net
SJAL:tas
Enclosure
cc: Daniel Webster
13115-001/FL00007453
CARL G. WASS
(1937-2010)
RICHARD L KEARNS
RETIRED
DANIEL WEBSTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
FRANCIS D. PASCALE, III, and
LISA M. PASCALE,
Defendants
: NO. 14-595 Civil
: CIVIL ACTION - LAW
IMPORTANT NOTICE
TO: Francis D. Pascale, III
158 Canal Street, Apartment 2B
Hummelstown, PA 17036
Date of Notice: April 10, 2014
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ANSWER THE COMPLAINT
EITHER PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH 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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
By:
13115-001/FL00007258
CALDWELL & KEARNS
Stanley J. A. askowski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
717-232-7661
Attorney for Plaintiff
Daniel Webster
UNn—ff2----WES-
Mgar POSTAILSERME
70-6 cenihcate Mailing provides evidence-that.mall has bee npresenledAo IJSPSelor ma'
This form may be used for domestic and international rnaA.
From:
To:
Stanley J.A. Laskowski,
Caldwell & Kearns, P.
3631 North Front Str
Harrisburg, PA 171
— Lisa M. Pascale '
158 Canal Street
— Apartment 2B
Hummelstown, PA 17036
PS Form 3817, April 2007 PSN 7530-02-000-9065
JAMES R. CLIPPINGER
JAMES L. GOLDSMITH
STANLEY J.A. LASKOWSKI
DOUGLAS K. MARSICO
BRET!. M. WOODBURN
MICHAEL D. REED
MICHAEL A. FARRELL
THOMAS M. FRATICELLI
PETER M. GOOD
ELIZABETH H. FEATHER
DAVID A. WION
JEAN D. SEIBERT
GREGORY D. GEISS
THOMAS S. LEE
JESSICA E. MERCY
JOSEPH S. SWARTZ
Lisa M. Pascale
158 Canal Street
Apartment 2B
Hummelstown, PA 17036
CALDWELL & KEARNS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3631 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17110-1533
717-232-7661
FAX: 717-232-2766
THEFIRM@CKLEGAL.NET
April 10, 2014
Re: Daniel Webster v. Francis and Lisa Pascale
Docket No. 14-595
Dear Ms. Pascale:
OF COUNSEL
JAMES D. CAMPBELL, JR.
CHARLES J. DEHART,111
THOMAS D. CALDWELL, JR.
(1928-2001)
CARL G. WASS
(1.937-2010)
RICHARD L KEARNS
RETIRED
Please find enclosed herewith constituting service upon you an Important Notice
regarding your failure to respond to the Complaint in the above-referenced matter. Please
govern yourself accordingly.
SJAL:tas
Enclosure
cc: Daniel Webster
13115-001/FLO0007456
Very
uly yours,
Stanley J.A. Laskowski
Caldwell & Kearns, P.C.
slaskowskia,ckleaal.net
DANIEL WEBSTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
FRANCIS D. PASCALE, III, and
LISA M. PASCALE,
Defendants
: NO. 14-595 Civil
: CIVIL ACTION - LAW
IMPORTANT NOTICE
TO: Lisa M. Pascale
158 Canal Street, Apartment 2B
Hummelstown, PA 17036
Date of Notice: April 10, 2014
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ANSWER THE COMPLAINT
EITHER PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH 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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
By:
13115-001/FL00007258
CALDWELL & KEARNS
Stanley J. A. Lskowski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
717-232-7661
Attorney for Plaintiff
Daniel Webster
CERTIFICATE OF SERVICE
AND NOW, this 23nd day of April, 2014, I hereby certify that I have served a copy of the
within document by depositing a true and correct copy of the same in the U.S. Mail at
Harrisburg, Pennsylvania, First Class, postage prepaid via Certified Mail, addressed to:
Francis D. Pascale, III
Lisa M. Pascale
158 Canal Street, Apartment 2B
Hummelstown, PA 17036
By:
13115- 001/FL00007817
CALDWELL & KEARNS
..r
Stanley J. ; . askowski, Esquire
Attorney .D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232 -7661
Attorney for Plaintiff Daniel Webster
DANIEL WEBSTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 14 -595 Civil
FRANCIS D. PASCALE, III, and
LISA M. PASCALE,
Defendants
: CIVIL ACTION - LAW
RULE 236
NOTICE OF ENTRY OF JUDGMENT
TO: Francis D. Pascale, III
Lisa M. Pascale
158 Canal Street, Apartment 2B
Hummelstown, PA 17036
You are hereby notified that on
9/2
against you for failure to file an Answer to Comply t in tl abov tioned case.
3 , 2014, a judgment was entered
DATE: 5,1 , 2014
Prothon
YOU SHOULD TAKE THIS PAPERTO 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 S. Bedford Street
Carlisle, PA 17013
(717) 249 -3166
DATED: April 23, 2014 BY:
13115- 001/FL00007817
Respectfully submitted,
Stanley J. A. . skowski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232 -7661
Attorney for Plaintiff Daniel Webster