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HomeMy WebLinkAbout14-0652 Supreme Coo ennsylvania COu OfT .leas For Prothonotary Use Only: t C',ilC` over�Shee qtr ,pga Docket No: CLI R[ NiS County 1q, 1 0 9 5 F , RI W5 The information collected on this form is used solely for court adminislt•ation purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by low or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons Petition rl Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: REGIONS BANK DENNIS APPLEBURY T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? x, Yes 0 No ou (check one) � tside arbitration limits 0 N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? El Yes IX No A Name of Plaintiff /Appellant's Attorney: WILLIAM T. MOLCZAN, ESQ. PA ID#47437 0 Check here if you have no attorney (area Self - Represented I 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Q Debt Collection: Other 0 Board of Elections Nuisance BREACH OF CONTRACT C) Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E Employment Dispute: mass tort) © Slander/Libel/ Defamation Discrimination C rl Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: 1 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort -DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration E] Other: B M Eminent Domain /Condemnation 0 Declaratory Judgment El Ground Rent O Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical !7. Other: C] Other Professional: Updated 1/1/2011 WELTMAN, WEINBERG & REIS CO., L.P.A. F PROTHONOTARY Attorney for Plaintiff(s) 2G NFEB - 4 PM 2: : 1 3 BY: William T. Molczan, Esquire I.D. No.47437 CUMBERLAND COUNTY 436 Seventh Avenue, Suite 1400 PENNSYLVANIA Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 20156619 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION REGIONS BANK Plaintiff vs. Civil Action No. 1q �r/Y DENNIS APPLEBURY SARAH M. APPLEBURY Defendant(s) COMPLAINT AND NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the 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 (717) 249 -3166 � - 301228 COMPLAINT 1. Plaintiff is a corporation having offices in 2050 Parkway Office, Birmingham, AL 35244. 2. Defendants are adult individuals residing at 25 Fairfield St, Carlisle, PA 17013. 3. On or about May 11, 2011, Defendants executed a Promissory Note (hereinafter the "Note "), a true and correct copy of said Note is attached hereto, marked as Exhibit "I", and made a part hereof. 4. Plaintiff avers that Defendants are in default of the Note by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 5. Plaintiff avers that a balance of $16,595.40 is due from Defendants as of November 13, 2013. 6. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendants, Dennis Applebury and Sarah M. Applebury, jointly and severally, in the amount of $16,595.40 with continuing interest thereon at the statutory rate of 6.00% per annum from November 13, 2013, and costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, quire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 20156619 • �p � ��II II ++ II��ff II� II III� pp X BIT ' DOC64502927250000000090035413000000000• f A REGIONS PROMISSORY NOTE j A , Pr( ,- ; y � � �t . _ ' loarp•d „= > E � = A�u!►1t_ : " ' ;Q ,U.�' �:r'iJ�V 1�7 ,� 'Z��' .. References in the shaded area are for Lenders use a ft and do not Ilrrtlt the applicability of this document to any particular loan or Item. A Item above wntalnl has been omitted due to text I an th limltetiona. Borrower. DENNIS APPLESURY ((S .N: � Lender. REGIONS BANK SARAH M APP ISSN: f�) 201 MILAN PARKWAY 710 OAK LEAF CT BIRMINGHAM, AL 35211 APOPKA,FL 327128104 Principal Amount: $19,789.30 Interest Rate: 13.990% Date of Note: May 11, 2011 PROMISE TO PAY. I ( "Barroweel jointly and severally promise to pay to REGIONS BANK Lander'), or order, in lawful money of the United states of America, the principal amount of Nineteen Thousand Seven Hundred Eighty-nine & 30(100 Dollars ($18,789.30), together with + interest on the unpaid principal balance from May 11, 2011, calculated as described In the "INTEREST CALCULATION METHOD" paragraph using an interact rate of 13.990% par annum, until paid in full The Interest rate may change under the loans and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. I will pay this loan in 47 payments of $543.88 each payment and an irregt.lar last payment estimated at $543.73. My first payment is due June 25, 2011, and all subsequent payments are duo on the same day of a ich month after that. My final payment will be due on May 25, 2016, and will be for all principal and all accrued Interest not yet paid. Paymoiits Include principal and Interest. Unless otherwise agreed or required by applicable law, payments will be applied to scented Interest, then deft protection, then principal, then late charges, then j miscellaneous fees; provided, that Lender reserves the right to apply payments to outstanding Indebtedness and obligations in any order that Lender may determine in its sole discretion and Lender may change the methodology for the' ;application of payments at any time without notice to Borrower. L Will pay Lender at Londer's address shown above or at such other place as Lender may designate in writing. Q RECEIPT OF PAYMENTS. All payments must be made in U.S. Dollars and must be received by Lender at the address shown at the beginning of this Note or as provided in any payment Instructions set out on or with any billing statement or payment coupon Lender may provide. If a payment Is made consistent with Lenders payment Instructions but is received on a tusiness day after the time specified In Lenders Instructions for the payment method you choose to use, Lender will apply your payment to your loan on the next business day. rt, INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 3651365 simply Interest basis; that Is, by applying the ratio of the Interest rate over the number of days In a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding, All Interest payable under this Note Is computed using this rnsthod. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier then :t is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In my making fewer payments. I agree not to seed Lender payments marked "paid in full ", "without recourse, or similar language, If I send such a payment, Lender may accept K without losll g any of Lenders rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that Indicates that the payment constitutes 'payment in full" of the amount owed or that Is tendered With other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: REGIONS BANK, 201 MILAN PARKWAY, BIRMINGHAM, AL 35211. LATE CHARGE. If a payment is 10 days or more late, I will be charged 5.000% of the urpald portion of the regularly scheduled payment or $100.00, whichever is less. INTEREST AFTER DEFAULT. Upon default, Including (allure to pay upon final mslurlly, the total sum due under this Note ti10 continue to accrue Interest at the Interest rate under this Note. DEFAULT. I will be in default under this Note if any of the following happen: Payment DefaulL I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or In any agreement related to this Note, or In any other agreement or Bart I have with Lender, Default In Favor of Thud Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sates agreement, or any other agreement, in favor of any other creditor or person that may rfiaterfe0y affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documen)s. -False Statements. Any representation or statement made or furnished to Lender by the or on my behalf under this Note or the rotated documents Is false or misleading In any material respect, either now or at the time made -or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any pert of my property; I make an assignment for the benefit of creditors; or any proceeding Is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency trlss to take any of the pr6potty or any other of my property In which Lender has a lion. This includes teldng of, garnishing of or levying on my accounts with Lender. However, if i dispute In good faith whether the claim on which the taking of the property Is based Is valid or reasonable, and If I give Lender written notice of the claim and (Umish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this defeult provision Will not apply. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, ondomor, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation parry dies or becomes ineompeten% or revokes or disputes-the validity of, or liability under, any guaranty of the indebtedness evidenced by,this Note. Insecurity. Lender In good faith believes Itself Insecure. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balano?' under this Note and cop accrued unpaid interest immediately duo, and then i will pay that amount ATTORNEYS' FEES; EXPENSES. Lander may hire or pay someone else to help collect this "a if I do not pay. I will pay Lender the amount of these costs and expenses, which includes, subject to any limits under applicable law, Lanoera reasonable attorneys' fees and Lenders legal expanses whether or not there is a lawsuit. Including reasonable attomeys' fees and legal expanses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or Injunction), and appeals. if not prohibited by applicable law, I also will pay any court costs, In addition to all other sums provided by low. , GOVERNING LAW. With respect to Interest (as defined by federal law) this Note will be governed by federal low applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Alabama without regard to Its conflicts of f aws provisions. in all other respects, this Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Florida without regard to Its conflicts of law provisions. The loan transaction that is evidenced by this Note has boon approved, made, and funded, and all necessary loan documents have boon accepted by Lender In the State of Alabama. DISHONORED ITEM FEE. I will pay a fee to Lender of $15.00 If I make a payment art my loan and the check or preauthorized charge with which I pay is later dishonored. F RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This Includes all accounts I hold jointly with somi:one else and all accounts 1 may open In the future. However, this does not Include any IRA or Keogh accounts, or any trust accounts for whti:h setoff would be prohibited by low. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against any and all such accounts, and, at Lenders option, to administratively freeze ell such accounts to allow Lender to protect Lenders charge and setoff rights provided in this paragraph. GARNISHMENT. I consent to the Issuance of 0 Continuing writ of garnishment or attachment against my disposable earnings, in accordance PROMISSORY NOTE (. Loan No: 1300 (Continued) Page 2 i with Section 222.11, Florida Statutes, In order to satisfy, in whole or in part, any money judgment entered in favor of Lander. COLLATERAL. Collateral securing other loans with Lender may also secure this loan. To the extent collateral previously has been given to i Lender by any person which may secure this loan, whether directly or indirectly, It is specifically agreed that, to the extent prohibited by law, all such collateral consisting of household goods will not secure this loan. In addition, If any collateral requires the giving of a tight of rescission under Truth in Lending for this loan, such collateral also will not secure this loan unless and unlit all required notices of that right have been j given. FLORIDA DOCUMENTARY STAMP TAX. Florida documentary stamp tax required by law In the amount of $69.30 has been or will be paid directly to the Deparlment of Revenue. ARBfTRATION OF DISPUTES AND WAIVER OF JURY TRIAL Except as expressly provided below, any controversy, claim, dispute or disagreement (any "Claim ") arising out of, In connection with or relating to (1) my buslnoss relationship with Lender; (2) the performance, I interpretation, negotiation, execution, collaterali:allon, administration, repayment, modification, or extension of this Note; (3) any charge or cost Incurred pursuant to this Note; (4) the collection of any amounts due under this Note; (5) anjy alleged tort or other claim arising out of or relating in any way to this Note, collateral under this Note, any account ostablishod pursuant to this Note, or any Insurance or mechanical repair contract purchased pursuant to or In connection with this Note; (6) any breach of any provision of tht3 Note; (7) any statement or representation made to me by or on behalf of Lander, or (6) any of the foregoing arising out of, in connection with or relating to any agreement which relates to this Note or any assignment of this Note, or any relationship created by or resulting from this Note, will be settled by binding arbitration under the Federal Arbitration Act ("FAA "). This agreement to arbitrate and waiver of jury trial shag Include any Claims involving lender's ofAcers, directors, employees, agents, representatives, contractors, subcontractors, affiliates, successors or assigns, and any such Claims against arty of those pertles may be joined or consolidated with any related Claims against Lender In a singlF arbitration proceeding. Administration and Rules. The arbitration will be administered by the American Arbitrcllon Association (the "AAA ") under Its Commercial j Arbitration Rules and, where applicable, Its Supplementary Procedures for the Resolution of Consumer - Rotated 01sputes (correctively, the "Arbitration Rules ") In effect at the time the demand for arbitration Is filed. In the event of a conflict between the Arbitration Rules and this Note, this Note will control, except that, in the event that the AAA determines that any provision of this Note does not comply with applicable standards stated in the AAA's Consumer Due Process Protocol, the standards of the Protocol will control. Lender will tell Me how to contact the AAA and how to get a copy of the Arbitration Rules without cost If I ask Lender In writng to do so. Or, I may contact the AAA directly at 1 -600- 778 -7879 (toll -free) or at www.adr.org. Alternative Administration. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any Claim or otherwise refuse or decline to accept and administer the arbitration of any Claim — In whole or In part and for any reason whatsoever — this agreement to arbitrate shall not fail or be Invalidated as a result. Rather. In that Instance, any party to the Claim may then petition a court of competent jurisdiction under 9 U.S.C. § 5 to appoint the arbilrator(s). Upon considerallort of such a 9 U.S.C. § 5 petition, should the court decline or refuse to appoint the arbitrator(s), then and only then and within 30 -days of a final and non - appealable decision on the matter from such court, you and we shall each respectively pick one arbitrator, and those two arbitrators shall then, by mutual agreement and within 30 -days of the selection of the second of them, select a third arbitrator. The third arbitrayyor so selected shag then arbitrate the Claim as the sole arbitrator, except with respect to a Claim for $100,000 or greater, In which case all three arbitrators so selected shell arbitrate the claim together, with the award and all pre-sward decisions made by majority vote. In the case cf any arbitration not administered by the AAA, the arbitrator(s) shall still be bound by all applicable provisions of this agreement to arbitrate r the Federal Arbitration AOL They further shag l administer and conduct the arbitration under the Arbitration Rules, to the extent such rules may be pracilcably applied to an arbitration not { administered by the AAA. Arbitration Fees and Costs. If the AAA'a Supplemental Procedures for Consumer - Related Disputes apply to my Cialm or Counterclaim, and H my Claim or Counterclaim for actual damages does not exceed $10,000, I wilt be responsible for paying one -half of the arbitrator's fees up to a maximum of $126. If my Claim or Counterclaim for actual damages exceeds $10,000 buf does not exceed $75,000, t will be responsible for paying one-half of the arbitrator's fees up to a maximum of $375. For such Claims or Counterclaims that do not exceed $75,000, Lender will pay all other arbkrator's fees and costs Imposed by the administrator of the arbitration. *If my claim or counterclaim Is a consumer-related claim for actual damages ih: t exceeds $75,000, or H it Is a non - monetary consumer- related claim or counterclaim, or if it Is not a consumer - related claim or c untereialm, I will be responsible for paying the administrative costs and arbitaatoes fees as provided in the AAA's Commercial Fee Schedh;le. Additionally, in the case of a consumer - related claim or counterclaim for actual damages In excess of $75,000 or for non - monetary damages, and M the case of any non- consumer- related claim or counterclaim, the prevailing party in an arbitration proceeding may seek to recover Its expenses for administrative fees and arbitrator(s)'s fees from the other party In accordance with the Arbitration Rules. The final sward by the arbitrator(s) patterning to such a Claim or Counterclaim can apportion the administrative fees and expenses and arbitrators' fees be)ween me and Lender as part of the award, as the arbitrator(s) determines Is appropriate. The fees and costa stated In this Note are subject to any amendments to the Arblbagon and fee and cost schedules of the AAA. The fee and cost schedule in effect at the time 1 submit my claim or counterclaim will apply. The ;Arbitration Rules permit me to request a deferral or reduction of the administrative fees of arbitration If paying them would cause me extreme hardship Each party also has the option of filing an action In small claims court for Claims or disputes within the scope of the small claims court's jurisdiction. Arbitrator(s). The arbitration of any Claim or any countar -Clalm of $100,000 or greatef shall be conducted by a panel of three arbitrators. The arbitration of any Claim or any Counter -Clam of a lesser amount shell be conducted by one arbitrator. The arbrtrator(s) shag be selected from rho d o AAA's panel of arbitrators by mutual agreement between me and LaMar. If Lender and I cannot agree on the arbitrator(s), the AAA shall appoint the erbltrator(s). No Joinder of Claims; No Class Claims. Except as expressly provided In this agreement to arbitrate, to the extent permitted by law, no Claim may be joined with another dispute or lawsuit, or consolidated with the arbitration of another Claim, or resolved on behalf of a class of similarly situated persons. The valtdity and effect of this prevision of this agreement to arbitrate shall be determined by a court of competent jurisdiction and not by the arbitrator(s). s Limitations, Defenses and Privileges. Ali statutes of limitation, defenses, and attorney -dlent and other privileges that would apply in a court proceeding will apply In the arbitration. Location of Hearing. Any In-person arbitration hearing will be held in Birmingham. Alabama, where Lender's main office Is located, or In the county and state where this Note was executed if lender has an office in that state. Scope. Except as otherwise expressly provided In this agreement to arbltrate, any dispute regarding whether a particular controversy Is subject to arbitration, Including any claim of unoonsdonability and any dispute over the score or validity of this agreement to arbitrate disputes or of this Note, Will -be decided by the arbitrator(s). Exchange of Information. The arbitretor(s) shag establish such reasonable procedures as may be necessary for the reasonable exchange of Information between the parties prior to such arbitration. Expedited Procedures. The Expedited Procedures of the Arbitration Rules shall apply In en dispute where no claim or counterclaim exceeds $75,000, exclusive of interest and arbitration foes and costs. Award. In rendering an award, the arbitrator(s) shell apply applicable contract terms, statutes and legal precedent and shall follow eppgcgble rules of evidence, enforce applicable privileges, and employ applicable burdens of t,roof. The arbitrator(s) shall award only such relief as a court of competent jurisdiction could properly award under applicable law. The arlxlifation award shag be In writing and shall include e written explanation of the basis for the award under the applicable contract terms, statutes hnd legal precedents. Any appeal of the arbitration award will be governed by the FAA. Judgment on the arbitration award may be entered M sny court having jurisdiction. Appeal. In the event that the arbitration results in an award which Imposes an injunction on me or on Lender, or contains a monetary award in excess of two hundred fifty thousand dollars ($260,000.00), the award shag be re-Mewable on appeal initiated within 30 days of the award by a panel of three new arbitrators selected to hear the appeal under the procedure for appointment from the national roster as provided by Commercial Arbitration Rule 11. Should the AAA be unavailable, unable or unwilling to acept and administer the appeal or otherwise refuse or decline to accept and administer the appeal — In whole or In part and for any reason whatsoever — then the procedures for appointment of arbitrators set forth In the ' Altemative Administration" paragraph above shall apply with respect to appointment of the arbitration appeal panel. The arbitration appeal' panel shall apply the substantive and procedural standards normally applying to an appeal of a judgment from a trial court of competent jurisdiction. However, if the award does not impose an Injunction on me or on,Lander or contain a money award in excess of two hundred fifty thousand dollars ($250,000.00), then the award shall not be appealable and shall only be subject to such challenges as would otherwise be permissible under the Federal Arbitration Act, 9 U.S.C. §§ 1 -16. Self -Help Remedios and Small Claims Court This agreement to arbitrate does not limit gis right of me or Lender, whether before, during or after the pendency of any arbitration proceeding, to exercise self -help remedies such as at'xt -off or repossession and sale of collateral, or to foreclose a mortgage, deed of trust, security deed or similar Instrument or documenL witii or without a court action, or to bring an action (Individually, and not on behalf of a class) to obtain provisional or ancillary remedies or Injunctive relief (other than a Stay of arbitration) to f i t PROMISSORY NOTE Loan No: 1300 (Continued) Page 3 protect'the rights or property of the party seeking such relief. The taking of any of the acjions described In the preceding sentence by Tire or Lender or the tiling of a court action by me or Lender shall not be deemed to be a waiver of the right to demand arbitration of any Claim asserted as a counterclaim or the like in response to any such action. This agreement to arbitrate does not limit my or Lender's right to file an action In small claims court for Claims or disputes within the scope of the small claims court's jurlsdidlon. Transaction Involving Commerce. I and Lender specifically acmowledge and agree that this Note evidences a '"nsaction Involving commerce' under the FAA, and hereby waive and relinquish any right to claim otherwiae. 1 Ind Lender hereby acknowledge, agree and stipulate that Lender Is a muhl• state banking organization engaged in Interstate banking; Lender's deposits are federally Insured; the funds used tb fund loans such as this one ate obtained, at least In part. through Interstate commerce; and Lender regularly uses the services of businesses located In other states In making and administering loans and in conducting other transactions. Severablilty. Except as provided In the following sentence, If any term or provision of: this agreement to arbitrate disputes and waiver of jury trial 16 held to be Invalid or unenforceable, the remaining provisions shall be enforced without regard to the invalid or unenforceable term or provision. if the prohibition against joinder of claims and class acllons, or any portion thereof, to held to be Invalid or unenforceable, the agreement to arbitrate disputes shall also be Invalid and unenforceable, but the waiver of jury trial shall continue to be enforceable. Survival of Arbitration Agreement This agreement to arbitrate disputes will survive the payment of this loan and the termination of this Note. Waiver of Right to Jury Trial. WHETHER ANY CLAIM OR DiSPUTE IS SUBM;TWO TO ARBITRATION OR RESOLVED BY A COURT, I AND LENDER VOLUNTARILY AND KNOWINGLY WAiVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO SUCH DISPUTE TO THE FULLEST EXTENT ALLOWED BY LAW. NOTICE: This agreement to arbitrate disputes limits or walves certain of my rights. With respect to Claims I am agreeing to arbitrate pursuant to this Note, i am waiving my right to bring a court action, and I em waiving the ri;lht to have a jury trial an all controversies, whether settled by arbitration or by a court I cannot represent a class of claimants In the arbitration proceeding. Discovery may be more limited in arbitration than In a court proceeding, and the right and grounds to appeal from an arbltrator's award are more tlatlted than In an appeal from a court judgment Certain other rights 1 have in a court proceeding also may not be available In arbitration. i SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon rpy heirs, personal representatives, successors and assigns, and shall Inure to the benefit of Lender and Its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not effe :A the rest of the Note. Lender may delay or forgo enforaing any of Its rights or remedies under (his Note without losing them. I and any oller person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated In writing, no pony who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. Ali such parties agree that Lender may renew o0extend (repeatedly and for any length of time) this loan or release any parry or guarantor or collateral; or Impair, fall to realize upon or perfect Lendaeo security Interest In the collateral. All ouch parties also agree that Lender may mod'dy this loan without the consent of or notice to anyotle other than the parry with whom the modification Is made. The obligations under this Note dre joint and several. This means that the worts "1 ", "me ", and "my" mean each and all of the persons slgning below. z • j PRIOR TO SIGNING THIS NOTE, 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE IPROVISiONs OF THIS NOTE AND THE NOTICE TO *� COSIGNER SET FORTH BELOW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. ' t� 2 J I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THiS PROMISSORY NOTE. BOR ' t X vL 7 DEMSAPPLEBURP SA H M APPLES RY t a NOTICE TO COSIGNER You are being asked to guarantee this debt Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay If you have to, and that you want to accept this rospobalbllity. 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 Is% fees or collection costs, which Increase this amount The Lander can collect this debt from you without first trying to 0olloot from the borrowsr.y The Lender an use the some collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, eta 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 1 N1M111D1atl�p V".f atOOb Oy.Mwlnl liMl M/vn.Tq tAr, aln. MiOgl. aw"w6 . fIMI:RKiMRLNfO rIWOe MOM i' k o i i f }} l t f r F r t f t •DOC2400292725000000009 0035413000000000• A REGIONS I DISBURSEMENT REQUEST AND AUTHORIZATION " 3?rinbi�) u> � x�»tg••: t Frye•, : (3n A ; : •'4 ::0mror 4,6 7'��i3a . m :a�-1i-20 t` 4s 2 901 ,. 2 4orr ; . = six_ . . References In the shaded area are for Lender's use Doty end do not Iimlt the applicab111ry of this document to any particular ban or item. An Item above contalnin " ^" has been omitted due to tax: len h limitations. Borrower: DENNIS APPLE13URY (SSN: / #est8 Lender REGIONS BANK SARAH M APPLE13URY (SSN: = 201 MILAN PARKWAY 710 OAK LEAF CT BIRMINGHAM, AL 36211 APOPKA,FL 327128104 ! LOAN TYPE This it a Fbwd Rota (13.990°.6) Disclossble Loan to two Individuals for $19,783.30 duo on May 26, 2016. P PRIMARY PURPOSE OF LOAN. The primary purpose of this loan Is for ® Personal, Family, or Household Purposes or Personal investment. s Business (Including Real Estate investment). i SPECIFIC PURPOSE. The specific purpose of this loan Is: DEBT CONSOLIDATION. DISBURSEMENT INSTRUCTIONS. I understand that no loan proceeds wilt be disbursed und?, all of Lender's conditions for making the loan have been satisfied. Please disburse the loan proceeds of $18,789.30 as follows: Amount paid to others on my behalf: $7,773.00 $3,697.00 to CHASE $4,076.00 to BARCLAYSSK Other Disbursements: $11,847.00 i $11,847.00 Amount paid directly to Borrowers) t Other Charges Financed: $69.30 Lender may retain a portion of certain of these amounts. $69.30 Doc stamp tax Total Financed Prepald Finance Charges: = $100.00 Lender may retain a portion of certain of these amounts. $100.00 Loan processing fee Note Principal: $19,789.30 FINANCIAL CONDITION. BY SIGNING THIS AUTHORIZATION, I REPRESENT AND WARRANT TO LENDER THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN MY FINANCIAL CONDITION AS DISCLO IN MY MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS ALITHOF.IIAT(ON (S DATED MAY 11, 2011. SO ROWER: t X NIS APPLEBUR M APPLES i F i t IMG TntrM(6 V,S {R]{M pY•14r11MY{iA4M.6a1]] N {1Y�(I •lW1�cbIVURVG 1M{T{,] MOq, , j K i , i I VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C. S. 4904 relating to unsworn falsifications to authorities, that he/she is ar4 �. (NAME) li 774rL'�i� pc!ci4f!Sf of Ci G?5tn , plaintiff (TITLE) " {COMPANY) herein, that he /she is duly authorized to make: this verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. NATURE), v , WWR# 20156619 Steven M. Montresor smontresor@ldylaw.com Attorney ID #74244 Latsha Davis & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 Tele: (717) 620-2424; Fax: (717) 620-2444 PFWTHOtiulij;Y It41R 13 P11 2: 2'.3. CUMBERLAND COUNTY XkNN SYLVAN1A Attorneys for Defen , Sarah M Deibert .1' REGIONS BANK, Plaintiff V. DENNIS APPLEBURY and SARAH M. APPLEBURY, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-652 CIVIL TERM NOTICE TO PLEAD To: REGIONS BANK and DENNIS APPLEBURY You are hereby notified to file a written response to the enclosed Preliminary Objections of Defendant, Sarah M. Deibert within twenty (20) days from service hereof or a judgment may be entered against you. 3-13 -,?oW Date 386460v1 Latsha Davis & McKenna, P.C. Steven M. Montresor Steven M. Montresor smontresor@ldylaw.com Attorney ID #74244 Latsha Davis & McKenna, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA 17050 Tele: (717) 620-2424; Fax: (717) 620-2444 Attorneys for Defendant, Sarah M Deibert REGIONS BANK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DENNIS APPLEBURY and SARAH M. APPLEBURY, : NO. 14-652 CIVIL TERM Defendants. PRELIMINARY OBJECTIONS OF DEFENDANT SARAH M. DEIBERT TO COMPLAINT AND NOW, comes Defendant, Sarah M. Deibert, by and through her attorneys, Latsha Davis & McKenna, P.C., and files these Preliminary Objections, and in support thereof avers as follows: 1 Plaintiff Regions Bank commenced this action on or about February 4, 2014 by way of Civil Action Complaint. 2. Plaintiff Regions Bank is, per the Complaint, a corporation having offices at 2050 Parkway Office, Birmingham, Alabama 35244. (See Complaint, ¶ 1). A true and correct copy of the Civil Action Complaint in the above-captioned matter is attached hereto as Exhibit "A". 3 Defendant Sarah M. Deibert (identified in the caption of the Complaint as Sarah M. Applebury), currently resides at 820 Parkway Lake Place, Maitland, Florida 32751. 4. Defendant Sarah M. Deibert has resided in Florida since 2009. 2 386460v1 5. The Promissory Note which is attached to the Complaint as Exhibit 1 was entered into by the parties while Defendants both resided in Florida. 6. The Promissory Note identifies the address of both of the Defendants as 710 Oak Leaf Court, Apopka, Florida 32712. 7. On or about October 3, 2012, the Defendants divorced. A true and correct copy of Final Judgment of Dissolution of Marriage with Property with No Dependent or Minor Child(ren) (Uncontested) is attached hereto as Exhibit "B" and is incorporated by reference as if set forth at length. 8. According to the Mediation Agreement incorporated into the above - referenced Final Judgment, Defendant Dennis Applebury is solely responsible for Defendants' joint debt to Regions Bank and further, Defendant Dennis Applebury agreed to make a reasonable effort to remove Defendant Sarah M. Deibert's name from the debt by inquiring about Regions Bank's available options to do so. FIRST PRELIMINARY OBJECTION — LACK OF PERSONAL JURISDICTION 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth at length. 10. Pursuant to Pa.R.C.P. 1028(a)(1), a party may object to the Complaint based on lack of jurisdiction over the person of the Defendant. 11. Pennsylvania's long arm statute, codified at 42 Pa.C.S.A. § 5322, sets forth the bases of personal jurisdiction over persons outside of the Commonwealth of Pennsylvania. 12. Since 2009, Defendant Sarah M. Deibert has been a resident of and domiciled in the State of Florida. 3 386460v1 13. Defendant Sarah M. Deibert neither owns, uses, possesses, nor has an interest in any real property situated in the Commonwealth of Pennsylvania. 14. Defendant Sarah M. Deibert executed the Promissory Note while a resident of Florida. 15. Defendant Sarah M. Deibert does not engage in or transact any business in the Commonwealth of Pennsylvania. 16. Defendant Sarah M. Deibert does not hold any certificates, licenses, permits, or registrations issued by any government unit of the Commonwealth of Pennsylvania. 17. Based on the foregoing, this Court does not have jurisdiction over the person of Defendant Sarah M. Deibert. WHEREFORE, Defendant, Sarah M. Deibert, respectfully requests that this Honorable Court grant her Preliminary Objection and enter an Order dismissing her as a Defendant with prejudice from the above-captioned action. SECOND PRELIMINARY OBJECTION — THE EXISTENCE OF AN AGREEMENT FOR ALTERNATIVE DISPUTE RESOLUTION 18. Paragraphs 1 through 17 are incorporated herein by reference as if set forth at length. 19. Pursuant to Pa.R.C.P. 1028(a)(6), a party may object to the Complaint based on the existence of an agreement for alternative dispute resolution. 20. The Promissory Note attached as Exhibit "1" to the Complaint includes a provision regarding the arbitration of disputes and waiver of jury trial. 21. That provision provides in pertinent part: Except as expressly provided below, any controversy, claim, dispute or disagreement (any "Claim") arising out of, in connection with or relating 4 386460v1 to . . (2) the performance, interpretation, negotiation, execution, collateralization, administration, repayment modification, or extensions of this Note; . . . (4) the collection of any amounts due under this Note; . . . (6) any breach of any provision of this Note; . . . will be settled by binding arbitration under the Federal Arbitration Act ("FAA"). This Agreement to arbitrate and waiver of jury trial shall include any Claims involving Lender's officers, directors, employees, agents, representatives, contractors, subcontractors, affiliates, successors or assigns and any such Claims against any of these parties may be joined or consolidated with any related Claims against Lender in a single arbitration proceeding. 22. The parties identified in the caption to this Complaint are contractually bound to arbitrate this dispute. 23. The arbitration provision deprives this Court of subject matter jurisdiction. WHEREFORE, Defendant Sarah M. Deibert, respectfully requests this Honorable Court enter an Order granting her Preliminary Objection and dismissing the Complaint due to lack of subject matter jurisdiction. Respectfully Submitted, LATSHA DAVIS & McKENNA, P.C. Dated: 3" /3 -20/.-( By: 386460v1 Steven M. Montresor Attorney I.D. No.: 74244 smontresor@ldylaw.com 1700 Bent Creek Blvd, Ste 140 Mechanicsburg, PA 17050 Phone: (717) 620-2424 Fax: (717) 620-2444 Attorneys for Defendant, Sarah M. Deibert 5 03/11/2014 12:15 4072408378 OFFICE DEPOT 2555 PAGE 02/02 VERIFICATION I, Sarah M. Dei.bert, hereby state that I am the Defen.clant in this matter, and that the facts in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. 1 understand that the statements made herein are made subject to the penalties of 18 Pa,C.S.A. Section, 4904, relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I have served a true and correct copy of the foregoing Preliminary Objections upon the following counsel of record via United States First- Class Mail, postage prepaid: William T. Molczan, Esquire Weltman, Weinberg & Reis, L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Dated: 3-13 o2OPI 386460v1 Dennis Applebury 25 Fairfield Street Carlisle, PA 17013 LATSHA DAVIS & McKENNA, P.C. By: Steven M. Montresor 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Edij-OFF IC Sheriff THE FROTHONO;Ai;'f 0, Jody S Smith Chief Deputy APR 30 3: Richard W Stewart CUMBERLAND COUNTY Solicitor �`'` � PENNSYLVANIA Regions Bank Case Number vs. 2014-652 Dennis Applebury(et al.) SHERIFF'S RETURN OF SERVICE 02/07/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint&Notice upon the within named defendant, Sarah Applebury, in the following manner: On February 07, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint& Notice to the defendant's last known address of 710 Oak Leaf Court,Apopka, FL 32712.The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Sarah Deibert(Applebury) on February 24, 2014. 02/28/2014 10:11 AM- Chief Deputy Jody S. Smith, served the requested Complaint&Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Dennis Applebury at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. JODY S. SMITH, DEPUTY 04/23/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sarah Applebury, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 25 Fairfield Street, South Middleton Township, Carlisle, PA 17013. Defendant does not reside at this address. SHERIFF COST: $57.47 SO ANSWERS, April 23, 2014 RONIW ANDERSON, SHERIFF SENDER COP,71'L;7f r,,'jc SEC.ItOht • Complete items 1,2,and 3.Also complete A. Sign = item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X tj, ■ Addressee so that we can return the card to you. B. eceived• (Pnn.. game) .Date.f Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. CA'' A I D. is deify= address different from item 1? Ye, Article Addressed to: If YES, =nter deli gId2s4bd�4 No )'h�rf", _f riA D 0od/C LIt r dolt'/w.. /�/ 3 cL7 / 3. Serviert ed Mello , -`• • •all Express' ` ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4..,�Restricted Delivery?(E,xtrra Fee) ❑ s 2. Article Itlu r ' ' i i l s 1 0.;i01 i�1 i1 / (Lr y (Transfer frt PS Form 3811,July 2013 Domestic Return Receipt WELTMAN, WEINBERG & BY: William T. Molczan I.D. No. 47437 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 20156619 WTM/SJS h 2014JUN .-9 1(I.14I CUMB_ERL4 tDCOLINTY REIS CO., L.P.A.PENNSYLVANIA Attorney for Plaintiff(s) REGIONS BANK vs. DENNIS APPLEBURY SARAH M APPLEBURY Cumberland County Court of Common Pleas No.: 14-652 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice . WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molczan, Esqu Attorney for Plaintiff 111111111111 11111 IIII 111111 11111 11111 11111 11111 11111 11111 IIII IIIII IIII WELTMAN, WEINBERG & BY: William T. Molczan I.D. No. 47437 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 20156619 WTM/SJS CIMBERL AND COUNT',' REIS CO., L.P.AL..VA Attorney for Plaintiff(s) REGIONS BANK vs. DENNIS APPLEBURY SARAH M APPLEBURY Cumberland County Court of Common Pleas No.: 14-652 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE AS TO SARAH M APPLEBURY ONLY TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice as to SARAH M APPLEBURY only. WELTMAN, WEINBERG & REIS CO., L.P.A. By ("jj-171/1 William T. Molczan, lire Attorney for Plaintiff 1111111111111111111111111111111111111111111111111111111111111111111111 Gfr't69s'PoR43,i ()kW P-43otoq/A