HomeMy WebLinkAbout14-6810 Supreme Co nnsylvania
NZ,
Cour 0-,Ml 0 leas For Prothonotary Use Only:
it Cow E"
Docket No:
Cu D' l County q
The information collected on this f6rin is used solely for court administration purposes. This form does not
supplement or replace thefiling and service of pleadings or other papers as required b),,law or rules of court.
Commencement of Action:
El Complaint , n Writ of Summons- Petition
S E] Transfer from Another Jurisdiction 07 Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
WESBANCO BANK, INC RALPH L JOHN, JR
T Dollar Amount Requested: Elwithin arbitration limits
I Are money damages requested? El Yes 0 No (check one) Ooutside arbitration limits
0
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes El No
A Name of Plaintiff/Appellant's Attorney: ANDREW R THALMAN, PHILLIPS,GARDI LL,KAISER&ALTMEYER, PLLC
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 Judgme-nis) CIVIL APPEALS
0 Intentional10 Buyer Plaintiff Administrative Agencies
M Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
0 Motor Vehicle El Debt Collection: OtherMi Board of Elections
ril Nuisance MONEY LOANED/ EJ Dept.of Transportation
Premises Liability REPLEVIN 0 Statutory Appeal:Other
S 0 Product Liability (does not include E3 Employment Dispute:
E mass fort)
Slander/Libel/Defamation Discrimination
M) Employment Dispute:Other 0 Zoning Board
C Other:
T Other:
F] Other-
o MASS TORT
E3 Asbestos
N E] Tobacco
n Toxic Tort-DES
El Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
E] Toxic Waste Ejectment 0 Common Law/Statutory Arbitration
Other: 0 Eminent Domain/Condemnation M Declaratory Judgment
B 0 Ground Rent E] Mandamus
rl Landlord/Tenant Dispute 0 Non-Domestic Relations
LJ Mortgage Foreclosure:Residential Restraining-Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto
0 Dental Mi Partition Q Replevin
f7l Legal E3 Quiet Title Other:
I Medical 171 Other:
Other Professional:
Updated 1/1/2011
WESBANCO BANK, INC., ) IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff ) PENNSYLVANIA
VS. ) CIVILA TION—LAW
l
RALPH L. JOHN, JR. and, ) NO. ��" ?.
JOLENE S. JOHN )
Defendants
TO: Ralph L. John, Jr. ~~
100 Cold Springs Road
Dillsburg,PA 17019
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 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
2 Liberty Avenue
Carlisle, PA 1701.3
717-249-3166
800-990-9108
PHILLIPS GARDILL, KAISER&ALTMEYER, PLLC
Attorneys for Plaintiff, WesBa4Bac.
Date: November 1� , 2014 Y:
Andrew R�In, n, Esq.
PA Bar. No. 207466
61 Fourteenth Street
Wheeling, WV 26003
T: 304-232-6810 F: 304-232-4918
andrewthalmaii@pyka.com
Q�-
sIis,7s
{P0179203.1)
I� cos �
U-
1 12,� �
WESBANCO BANK, INC., ) IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff ) PENNSYLVANIA
vs. ) CIVIL ACTION—LAW
RALPH L. JOHN,JR. and, ) NO. a
JOLENE S. JOHN ) ��
Defendants
�r
r„' c o
TO: Jolene S. John �-
100 Cold Springs Road 7 n r��t
Dillsburg, PA 17019
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 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
2 Liberty Avenue
Carlisle,PA 17013
717-249-3166
800-990-9108
PHILLIPS GARDILL,KAISER&ALTMEYER,PLLC
Attorneys for Plaintiff, WesBanco Banofin
Date: November, 2014 B
Qndrew R. Thalman,Esq.
PA Bar.No. 207466
61 Fourteenth Street
Wheeling, WV 26003
T: 304-232-6810 F: 304-232-4918
andrewthalman a,pgka.com
(P0179204.1)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
WESBANCO BANK, INC., ) CIVIL ACTION—LAW
Plaintiff ) NO.
vs. )
COMPLAINT
RALPH L. JOHN, JR. and )
JOLENE S. JOHN ) COUNSEL OF RECORD:
FOR PLAINTIFF ` .
Defendants.
Andrew R. Thalman, Esq.
61 Fourteenth Street"
Wheeling, WV 26003Co
«r
T: (304) 232-6810 F: (304) 232-4918
and:rewthal:maii@p kg a.com
PA Bar No. 207466
COMPLAINT
COMES NOW the Plaintiff, WesBanco Bank, Inc. ("WesBanco"), by and through its
counsel, Andrew R. Thalman, Esq., and the firm of Phillips, Gardill, Kaiser& Altmeyer, PLLC
and for its Complaint, states as follows:
PARTIES
1. Plaintiff, WesBanco Bank, Inc., is a West Virginia Corporation with a principal place
of business at 1 Bank Plaza, Wheeling, West Virginia 26003.
2. Upon information and belief, Ralph L. John, Jr. and Jolene S. John (hereinafter
referred to by name or collectively as "Defendants") are residents of Cumberland County,
Pennsylvania. Defendants last known address is 100 Cold Springs Road, Dillsburg, PA 17019.
(P0179196,1)
COUNT
3. WesBanco re-alleges each and every allegation of Paragraphs One (1) and two (2) of
this Complaint as if fully re-written herein.
4. On October 7, 2013, the Defendants voluntarily entered into a Note, Disclosure and
Security Agreement, Loan No. ***6704 ("Agreement") with WesBanco. The Agreement was for
a secured loan in the amount of Seventeen Thousand Five Hundred Seven Dollars and 33/100
($17,507.33), plus interest accruing on the outstanding balance at the rate of 10.00%per annum.
A copy of the Agreement is attached hereto as Exhibit A and incorporated by reference herein.
5. The Agreement was secured by a2006 M-29 BHS Travel Trailer, Vin No. ****6647
("Collateral"), and required monthly payments in the amount of Four Hundred Sixteen Dollars
and 09/100 ($416.09). Although WesBanco has a security interest in the Collateral, WesBanco's
security interest was not perfected by notating WesBanco's lien on the Certificate of Title.
6. The current NADA estimated value of the Collateral is Fifteen Thousand Seven
Hundred Dollars and 00/100 ($15,700.00). A copy of the NADA estimate is attached hereto as
Exhibit B and incorporated by reference herein.
7. The Defendants defaulted on the Agreement for failure to make payments. Said
Agreement has not been paid according to its terms and payments are in default in excess of
Ninety (90) days.
8. WesBanco duly sent the Defendants a Notice of Default and Right to Cure
Default, pursuant to 69 P.S. § 2102. A copy of the Notice is attached hereto as Exhibit C and
incorporated by reference herein.
9. As of October 20, 2014, the balance due is Seventeen Thousand Five Hundred
Seven Dollars and 33/100 ($17,507.33), including accrued interest and late fees.
I P0179196.1} 2
10. The Defendants have failed to pay the outstanding balance despite repeated
demands by WesBanco for payment of the same.
11. WesBanco is entitled to the sum certain of Seventeen Thousand Five Hundred
Seven Dollars and 33/100 ($17,507.33), plus interest at the rate of 10.00%, until the date of
judgment, and thereafter at the maximum rate allowed pursuant to 41 P.S. § 202 until paid in
full, as well as costs and expenses.
COUNT II
12. WesBanco re-alleges each and every allegation of Paragraphs One (1) through
eleven(11) of this Complaint as if fully re-written herein.
13. As noted above, the Defendants have defaulted under the terms of the Agreement,
causing the principal and interest to become due and owing.
14. Pursuant to the Agreement, WesBanco has the right, upon the Defendants default,
to immediately take possession of the Collateral, (See Exhibit A).
15. Based upon information and belief, the Defendants are in possession of the
Collateral.
WHEREFORE, WesBanco demands judgment against the Defendants, RALPH L.
JOHN, JR. AND JOLENE S. JOHN, as follows:
I. The sum of SEVENTEEN THOUSAND FIVE HUNDRED SEVEN DOLLARS
and 33/100 ($17,507.33), plus interest at the rate of 10.00%, from October 20, 2014, until the
date of judgment, and thereafter at a rate of 6%until paid in full, plus costs and expenses, for the
amount due under the Note, Disclosure and Security Agreement dated October 7, 2013; and
2. Be ordered to deliver possession of the Collateral to Plaintiff and Plaintiff be
(P0179196.1) 3
permitted to sell the Collateral at public auction or private sale and apply the sale proceeds to the
outstanding loan debt, and award Plaintiff the amount that remains due and owing after proceeds
are applied pursuant to the West Virginia Code.
3. For such other and further relief as this Court deems just and reasonable.
Respectfully submitted,
WESBANCO BANK, INC., Plaintiff
Counsel for WesBanco
Andrew R. Thalman, Esq.
W.Va. State Bar ID No. 11108
Phillips, Gardill, Kaiser & Altmeyer, PLLC
61 Fourteenth Street
Wheeling, WV 26003
Counsel for WesBanco Bank, Inc.
IP0179196.1}
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION
PRACTICES ACT (the Act)
15 U.S.C. Section 1692 et sea. As Amended
1. The Complaint being served on you is an attempt to Collect a Debt. The amount
of the debt is stated in CAPITAL LETTERS in the last paragraph of the Complaint attached
hereto. You are a Debtor if your name appears in CAPITAL LETTERS in the prayer for relief in
said Complaint. Any communication you have with the Creditor or its counsel may be used
against you in an attempt to collect the debt.
2. The Plaintiff as named in the attached Summons and Complaint is the creditor to
whom the debt is owed.
3. The debt described in the Complaint attached hereto and evidenced by the copy of
the Retail Installment Contract and Security Agreement attached hereto as exhibit A will be
assumed to be valid by the creditor's attorney, unless the Debtor, within thirty (30) days after the
receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. The
Debtor's request does not affect the time for serving an Answer, moving or otherwise pleading to
the Complaint as required by the Pennsylvania Rules of Civil Procedure as set forth in the
Summons served with the Complaint.
4. If the Debtor notifies the creditor's attorney in writing within thirty (30) days of
the receipt of this notice that the debt or any portion thereof is disputed, the creditor's attorney
will obtain a verification of the debt and a copy of the verification will be mailed to the Debtors
by the creditor's attorney, unless verification is obtained by affidavit and attached to the
Complaint.
5. If the creditor named as Plaintiff in the attached Summons and Complaint is not
the original creditor, and if the Debtor makes a written request pursuant to this notice, the name
and address of the original creditor will be mailed to the Debtor by the creditor's attorney.
6. Written requests should be addressed to Creditor's Attorney, Andrew R. Thalman,
Esq., Phillips, Gardill, Kaiser & Altmeyer, PLLC, 61 Fourteenth Street, Wheeling, West
Virginia, 26003.
I PO 179196.1 5
FEXHIBIT
A
NOTE, DISCLOSURE AND SECURITY AGREEMENT
Ujaw
RellerIUMM N the boxes above we for Lerndet S yea orhl�en do not IMrud the tcebBty of this document to any pariimter ban or Nam.
Any lIM above tiara Uemr amNNA dm Lo teed h IlmOaeoimi.
Borrinver: �Jotana Lender Wsananao nark,Inc.
3411 ffiabmft Rd Fba am"
2207 Ilatarml Read
SkIppeasburg,PA 77267
t3t3 h7�3 WO 003
ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Ttrtat of Paymeftba
RATE The defter amount the oredil The amount of can The amount 1 WW have paid
The cost of my credit as a win cast me. provided to me or on my ager I have made an
��'rale• behelt
Payments as scheduled.
9.986% $9,726.86 $17,607.33 $27,234,19
PAYMENT February,
MMyy paymard schedule will be 108 num y Paymtlnla of$247.58 eat,,begkming Jamey 5,2014;and ane payment of
bruary S.241.3.
PROPERTY INSURANCE I may obtain property kmumnce from anyone I went that Is acceptable to Lends r.
SECURITY. I em Mng a security Interest M 2406 M-29 BHS(c,,enal Number 4YDF29F2WA10847). k,addhift Lerhdar:has iso rhnarved a
Will tuet rfght of setoff in my deposit accounts.
Ldata.and
CNARQL If s payment la 11 days or mom Isle,t VAN be Changed 6.000%of to unpold portion of the ra"fly scheduled peymaet or
$1l%00,arhlkhever is lass.
PREPAYMENT. if 1 pay off early,I wit not have to pay a penalty
1 will took at my contract domments for terry additional Information about nonpayment,defauk soy required repayment In full before the
adhaduled daamt prepayment nehmils.
Amount Financed Itemiratlon
Amount paid on my accourht $17,488.39
$17,488.33 Payment an Loan 6 5200502673
00m Charges Firmacsd: W-00
539.00 VSI INSURANCE PREMIUM
MGM opal: $17,507.33
Prepaid Finance Chsrgsm so.oO
Amused Fmenced. $17.607.33
Principal Amount: $17,807.33 interest Rata: 10.000% Date of Agreement: October 7.2013
PROW=TO PAY. I rBwmwW)Jointly and severally proadsa to pay to Wa llaaeo Bank,Inc.rUndan.or ardor,to tearful menti+of the
Unflod Slates of America,the principal amount of Seventeen Thousand Fla Hundred Seven 8 33MOO Dollars(517,807,33►,tspsthsr with
mtereat on the unpaid principal balance from October 7,2013,egub ed as described te the'INTEREST CALCULATION almoly'3mragroph
using an kdamt ram of 10.000%per anwm,umf paid In IUL The inanost rate may Change under Bre tam and condition of the INTEREST
AFTER DEFAULT"soclforL
PAYMENT, 1 WIN pay this loan to 109 PnYMft of$247.60 each palmi at and an kragular last payment satmated at$247.97, My first
mei F asb Is d d wry S.20104 and
nbe or all pdih�f end tents am d e an As;t ge�of each manth after thaL My final peymont will be duo
oterwlae agreed or required by applicable Isar,payments will be a t paid. P�maaid Interestcliale;
principal arIn ipsIqftkow to any
_ pplfsd fbst to arty eccrmd unpaid bhtemfi 0ea to pAhClpah(ban to airy
hate le bongo 'and then to any late charges, I wIn pay Leader at Lender's addles shevm above or at such otter place as Landor may
desiog.
KIIEREST CALCULATION NETNOD, Inmreat on this Agreement Is Compulyd on a 3OWSS simple(Merest basis;Chet K by applying on ratio
Of Ore 111199M rete over the murhber of days In a year(356 daring leap yeamL mulllpllad by as ouhmndl"prledpal balance,Multiplied by the
eaterd number of days On prI It balance IS out91200109, A8 Interest payable under fids Agreement h Computed ming this method.
PREPAYMENT. I may pay without penalty all or a Portion of the amount owed carter than It is due. Ealy payments will not unless agreed to
by Lender In wrNng,reneve me of my obligation to continue to male Payments under De payment schedule. Rather,as*payments will reduce
the principal balance due and may newt In my making fewer payments, I agora not to send Lender payments marked'paid In full",'without
recourse",or slitter language. If I sand such a payment,Leader may accept R without Wiring any of Lander'e rights under this Agreemera,And I
will remain oblipled to pay any furftr amount owed to Lender.AN written commalkaOorm w me.. g disputed amounts,Including any check
or other payment Inmpument that indicates that iia payment tonsames-payment to f e of the amount owed or that Is tendered with other
Conditions or ftmOeDees or as fail shusiaedon of a disputed amotsd must be mailed or dsevsred to: WasBanco Bank,Inc,;1901 Grove 2907
National Road;INheoft WV 26001
LATE CHARGE. If a Payment la 11 days or more late.I will be charged(LOGO%of the unpald porton of as regulsry scheduled psymsnt at
$15,00,whichever le Ives.
INTEREST AFTER DEFAULT, Upon maturity,whWw scheduled or accelerated by Lender because of my detsu0,the total sum duo under this
Agreemerd will Continue to accrue Interest at the Interest ram under This Agreement
PROPERTY DESIEiIPT10t1, The word"Property'as used In this Agreement means the following described property In which I am giving to
Lander a security Interest for the payment of the Inift nese and performance of ell other obligations under this Agreement:
2006 tia-28 BNS Postal Number 4YDF20FIOSWI$647)
Ir addition.the word'Property'also Includes all the following:
(A) Ali se na.etadurrCrds,acxywtes.MVIecements of and additons to any Of the Property described herein(such as fires or
batteries attached to a car,a motor onoonsd to a but of appDanCes and ltdufes attached to a mobile home),whether added now or later.
(0) An products and produce of cry of the property deserted In this Property sedioa
(C) Ali accounts,general Intangibles,imtrumenW rents,modes,payments,and AN other rights,adelag out of a sal,tease,wnalgnane,
or other disposition of any of the property described M this Property eadlon.
(D)All proceeds Ondudhg insurance proceeds)from rile sale,destruction,Im or other disposition of any of the property duCribed In this
Property Wilon,and suns due from a Omand party who has damaged or destroyed the ftMft or from Ihat paHya blamer,whether due to
IudgmenL eetlkment or other Eng m&
(F) All records SO dam relating to agy of the property described in this Property section.whether in On form of a writing photograph,
microfilm.ffdcMfahe,or electronic ntedta,logeuter with All of my rigid,UW and interest In and to an oampub adbaare requtrad to Lillie
e,
create,maintain,and process any such records or dam on electronic madie
Desplta any Other provision of this AgreemaM,Lender Is not granted,and will not havft a nonpurchase money security Interest in household
goods,to the extant such a security kWmst would be prohibited by applicable pew. in addffim N because of the type of any Property,Lander Is
request to give a police of the right to cancel under Truth N Lanikhg for the Indetaedness,then Larder wilt not have a security Inisfol In such
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2006 Keystone RV Outback Sydney Fifth Wheel Series M-29 FBHS Standard Equipmen EXHIBIT
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Outback Sydney Fifth Wheel Series M-29 FBHS
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Values Specifications Floor Plan Special Notes
1'I
Values
Values
Suggested Low Average
List Price Retail Retail
Base Price $34,510 $13,050 $15,700
Options:faddy
TOTAL PRICE: $34,510 $13,050 $15,700
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Next:Specifications
Value Tvoe Definitions
Suggested List—The value listed reflects the approximate price of the unit when it Is brand new.The prices listed are
furnished by the manufacturer and are assumed to be correct.The list price does not include freight charges.
Low Retail Value—A low retail unit may have extensive wear and tear.Body parts may have dents and blemishes.The
buyer can expect to invest in cosmetic and/or mechanical work.This vehicle should be in safe running order.Low retail
vehicles usually are not found on dealer lots.Low retail is not a trade-in value.
Average Retail Value—An average retail vehicle should be clean and without glaring defects.Tires and glass should be
in good condition.The paint should match and have a good finish.The interior should have wear in relation to the age of
the vehicle.Carpet and seat upholstery should be clean,and all power options should work.The mileage should be within
the acceptable range for the model year.
An Average Retail vehicle on a dealer lot may include a limited warranty or guarantee,and possibly a current safety and/or
emission inspection(where applicable).
http://www.nadaguides.com/RVs/2006/Keystone-RV/M-29-FBHS/4090422Nalues 11/18/2014
EXHIBIT
N07ICE OF DEFAULT AND RICHT TO CURE 1DEFAULT
May 6,2014
RALPH L JOHN
100 COLD SPRINGS RD
DILLSBURO PA 17019-1549
You have pledged or assigned collateral on an account which has been in default for at 1=9 five(5)days for the
delftf s)failure to make one or more payments scheduled to have been made in accordance with either.
A written agreement date 10/712013,for the repayment,in installments,of money borrowed that day from
WesBanco Banc,Inc.,at Wheeling,West Virginia.
OR
A written agreement with.
Dated I01712013,arising£rom the pwdul a 2006 BHS
ORd agreement was assigned to(and is held and owned by)WesBanco Bank,loc.
Credit Card Agreemm payable to WesBanco Bank,Inc.
THE DEBTOR(S)HAVE THE RIGHT TO CURE SUCH DEFAULT:In order to etre such default,the debtor(s)
MUST PAY the amount designated below as"Total Amount Duo"ON OR BEFORE 5/1612014. If you should fail
to do so,WesBanco Bank,Inc.,which is the creditor to which payment is owed,themaw may commence suit
against you for the entire unpaid balance owing under said agreement,may proceed against the collateral,if any,
and/or may otherwise proceed to enforce its rights.
ACCOUNT IDEN'T'IFYING
NUMBER: X5704 NAME(s) RALPH L )ORN
OF ACCOUNT; �Qj .S IOHN
PAYASMS
IN DEFAULT: 458.05 LATE FEES DUE: 37.11
*"We have uAd a credit bureau about a Ian payment,missed payment or other defwk an your agate.INS information may be reflected in
your credit report
"I,Deborah Lloyd,(Phone Number 1-888-2900879,ext375921 the Adjustor of the Adjushnent Department,hereby certify
that the notice of the consumer's right to cure default on which this certification appears was on this Tuesday,May 0-6.2014,
,nailed to the persoa(s)whose name(s)appear herein at the addresses)sea fortb herein.
Deborah LIoyd
Taken,sworn,and subscribed to before me this 60 day of May 2014
Notary Public 04
MY ® ,2021
LM
Aeftel Tram
t oft NO
wheonqu MW
yr on 8*nFeb.22,2021
WesBaneo Bank,Ins—,
2 Bank P IWA
WheWug,WV 26003
NOVICE OF DEFAULT AND RIGHT TO CURE DEFAULT
May 6,2014
JOLENE S JOHN
348 MAINVIX.L£RD
SHIPPENSBURG PA 17257
You have pledged or assigned collateral on an aocou nt which has been in default for at least five(5)days for the
debtor(s)f tibi a to make one or more payments scheduled to have been made in accordance with either.
A written agreement date 10/112013.for the repayment,in installments,of money borrowed that day from
WesBanco Bank,Inc,,at Wheeling,West Virginia.
OR
A written agreement with
Dated 10/712013,wising from the purchase 2006 M-29 gH 09,6647
Said agreement was assigned to(and is held and owned by)WesBanco Bank,Inc.
Credit Card Agreement,payable to Wes$aneo Bank,Ina
THE DEBTOR(S)HAVE THE RIGHT TO CURE SUCH DEFAULT:In order to tune such default,the debtor(s)
MUST PAY The amount designated below as"Total Amount Due"ON OR BEFORE 5116/2014, If you should fail
to do so,WesBanco Bank,Inc.,which is the creditor to which payment is owed,thereafter may commence snit
against you for the entire unpaid balance owing under said agreement,may proceed against the Collateral,if any,
wiWor may otherwise proceed to Cnfone its rights.
ACCOUNT IDENTIFYING
NUMBER: X704 NAME(s) RALPH L JOHN
PAYIriENTS OF ACCOUNT: MIJM S )OHN
IN DEFAULT: 458.05 LATE FEES DUE: 37.11
"We have told a credit bureau about a late payment,missed payment or other ddault on your acommt.This information may be reAecied in
Yom credit report.
"I,Deborah Lloyd,(Phone Number 14SW90-0879,ext37592)the Adjustor of the Adjusmient Department,hereby Zertify
that the notice of the consumer's right to cure default on which this certification appears was on this fay.May 06.2014_
mailed to the person(s)whose name(s)appear herein at the address(es)set RwM heneam. -
Deborah Lloyd
Taken,sworn,and subscnlW to before me this do' day of May 2014
Notary Public
My commissio exp February 22,2021
, NafargPUb T y��
•"r Mn, Yl4teeQ�rg 6M
0x MIWM EV*feL 2Z,2021
WesBanco Bank,Inc.
I Bank Pion
Wheeling,WY 26003
2 i JJ -7 /J1 9. ;.;0
CUMBERLAND COUNTY
PENNSYLVANIA
WESBANCO BANK, INC.,
Plaintiff
vs.
RALPH L. JOHN, JR., and
JOLENE S. JOHN
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION—LAW
NO. 14-6810
AGREED ORDER
AGREED ORDER GRANTING JUDGMENT
IN FAVOR OF WESBANCO BANK, INC.
COMES NOW the parties, Ralph L. John, Jr. and Jolene S. John, (hereinafter
"Defendants"), and WesBanco Bank, Inc. (hereinafter "Plaintiff'), by and through its counsel,
Andrew R. Thalman, Esq., and the law firm of Phillips, Gardill, Kaiser & Altmeyer, PLLC, and
stipulate and agree to the following:
1. This Court has jurisdiction of the subject matter hereof and venue is proper.
2. The Plaintiff filed its Complaint against the Defendants herein in the Court of
Common Pleas of Cumberland County, Pennsylvania, on November 24, 2014.
3. In Count I of the Complaint, the Plaintiff alleged that the Defendant voluntarily
entered into a Note, Disclosure and Security Agreement, (hereinafter the "Agreement"), with
WesBanco on October 7, 2013, in the principal amount of Seventeen Thousand Five Hundred
Seven Dollars and 33/100 ($17,507.33), plus interest accruing on the outstanding balance, at the
rate of 10.00% per annum.
{P0179166.1)
4. The Agreement was secured by a 2006 M-29 BHS Travel Trailer, Vin No.
****6647, ("Collateral"), and required monthly payments in the amount of Two Hundred Forty-
seven Dollars and 58/100 ($247.58).
5. As of October 20, 2014, there was due and owing the Plaintiff from the
Defendants, upon the Agreement as set forth in the Plaintiff's Complaint, the sum of Eighteen
Thousand Six Hundred Fifty-one Dollars and 90/100 ($18,651.90), plus interest at the rate of
10.0% per annum until the date of judgment, and thereafter at the maximum rate allowed under
41 P.S. § 202 until paid in full.
6. In Count II of the Complaint, the Plaintiff alleged that the Defendants are in
possession of the Collateral securing the Agreement and are depriving WesBanco from
peacefully repossessing the same.
7. The Plaintiff is additionally entitled to its court costs and expenses in the amount
of One Hundred Fifteen Dollars and 75/100 ($115.75), incurred herein pursuant to the
agreements of the parties made in the Agreement attached to Plaintiffs Complaint as Exhibit A.
8. The Defendants agree to voluntarily surrender the Collateral to WesBanco to be
sold at public auction and to have the sale proceeds' applied to the judgment amount granted
herein. Any sale proceeds exceeding the judgment amount will be returned to the Defendants.
9. WesBanco agrees to accept and the Defendants agree to pay monthly payments
in the amount of Two Hundred Dollars and 00/100 ($200.00) in satisfaction of the judgment
granted herein. Defendants' payments will commence on January 5, 2015 and continue monthly
until the judgment amount is paid in full. In the event payment stops or is delinquent for fifteen
(15) days the Plaintiff may proceed with further action in this matter by executing on the
judgment granted herein.
1 "sale proceeds" is the amount remaining from the purchase price after the costs of the sale are paid.
(P0179166.1}
10. Payments may be made at any WesBanco Bank, Inc., branch office or mailed to
the following address:
WesBanco Bank, Inc.
Loan Ops/Customer Service
1 Bank Plaza, Wheeling, WV 26003
11. Pursuant to Pennsylvania Rule of Civil Procedure 1003, the parties consent to and
the Defendants hereby waive service of the Complaint as required under Pennsylvania Civil Rule
of Procedure 402.
WHEREFORE, pursuant to the agreement of the parties, as evidence by their signatures
below, IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED as follows:
1. As to Count I of the Complaint, Judgment is GRANTED, against the
Defendants, RALPH L. JOHN, JR. and JOLENE S. JOHN, in the sum of EIGHTEEN
THOUSAND SIX HUNDRED FIFTY-ONE DOLLARS AND 90/100 ($18,651.90), plus interest
at the rate of 10.0% until the date of judgment, and interest at the rate of 6.00%, which is in the
maximum amount allowed under 41 P.S. § 202 for the year 2014, thereafter until the judgment
amount is paid in full; and it is further ORDERED, ADJUDGED AND DECREED that,
2. As to Count II of the Complaint, judgment for possession of the Collateral is
GRANTED, against the Defendants RALPH L. JOHN and JOLENE S. JOHN, to allow Plaintiff,
should the Defendants not voluntarily surrender the Collateral, upon default of this Agreed
Order, to take possession of the Collateral and sell it at public auction or private sale and apply
the sale proceeds to the judgment amount. If the Collateral should sell for more than the amount
of the judgment, the proceeds exceeding the judgment amount will be paid to Defendants; and it
is further ORDERED, ADJUDGED AND DECREED
3. That the Defendants be ordered to pay Plaintiff its court costs and expenses
(P0179166.1)
incurred herein in the amount of ONE HUNDRED FIFTEEN DOLLARS AND 75/100
($115.75); and,
4. That Defendant be ordered to pay Plaintiff monthly payments in the amount of
TWO HUNDRED DOLLARS ($200.00) in satisfaction of the judgment granted herein. The
Defendant's monthly payments are to commence on January 5, 2015 and continue monthly until
paid in full. If the Defendants stop making monthly payments or are delinquent for fifteen (15)
days, this agreement is null and void and the Plaintiff may then proceed with further action in
this matter by executing on the judgment granted herein.
5. For any and other such relief as this Court may deem appropriate and just.
IT IS SO ORDERED.
This day of tan , 201c
Agre .d to by:
rew R. Thalman, Esq.
PA State -Bar No. 207466
Phillips, Gardill, Kaiser & Altmeyer, PLLC
61 Fourteenth Street
Wheeling, WV 26003
Counsel for WesBanco Bank, Inc.
)21t—/A
Ralph L. itLm, Jr.
O�kin� �1
J ene S. John
(P0179166.1)
1\1\k,
Judge
Cumberland County Co of Common Pleas
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