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HomeMy WebLinkAbout06-0281 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EQUITY ONE, INC., vs. DONALD STINE, CIVIL DIVISION Plaintiff C!1(J~tr82-W\ NO. ~ - .;<pI COMPLAINT Defendant Civil Action -- Contract Filed on Behalf Of: EQUITY ONE, INC., Plaintiff Counsel of Record For this Parfy: Russell R. Sanders, Esquire PA I.D. #36636 May, Long & Sanders, P.C. Firm #475 3030 US Steel Tower Pittsburgh, PA 15219-278(2 (412) 471-2822 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Defendant I I ! NO. Ck. -;;WI GuL '-r 'EJ2-~ I I i CIVIL ACTION--Contract I I , I I , I , I I I I , I I I I I EQUITY ONE, INC., Plaintiff VS. DONALD STINE, NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set fortp in the following pages, you must fake 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 ~ith the court your defenses or objections to the claims set forth against you . You are warned that 1f you fail to do so the case may proceed without you and a judgment may be entered against you b~ the court without further notice for any money claimed in the Complaint or for any 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 YOl) DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD 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 PENNSYLVANIA 17013 Telephone: 717.249.3166 1.800.990.9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Defendant , , , : ~ _ ,(1)/ : NO. t:X4' , , , : CIVIL ACTION--Contract , , , , I , , I , , , , , , , , (J ./~ ~l(')l-L JS2-~ EQUITY ONE, INC., Plaintiff vs. DONALD STINE, COMPLAINT AND NOW, comes the PlaintitJ, Equity One, Inc., a corporation., and thrPugh its attorneys, May. Long & Sanders, and Russell R. Sanders, Esquire, makes the following e(::omplaint in Civil Action n Contract: I. The PlaintitJ, Equity One, Inc., is a corporation and maintains! an office for the 801] 1. 8350 East Crescent Parkway, Suite 400. Greenwood Village, Colorado. i i ! transaction of business at 2. The Defendant, Donald Stine, is an individual residing at 420 *orth Earl Street, Shippensburg P A 17257. , 3. On February 8, 2005, the Defendant borrowed $7,000.00 from thel Plaintitf pursuant to a Promissory Note Loan Agreement and Disclosure Statement (hereinafter refetred to as Note), a I , I copy of which is attached hereto, made a part hereof, and marked Exhibit A. i The said Note required the Defendant to make 72 monthly pay tents I I I 4. of $144.20 beginning on March 23, 2005. 5. The Defendant made payments under the Note until June 23, 2005 at which time the said Defendant defaulted in the payments due under the Note and made no further payments to the Plaintiff. 6. Pursuant to the provisions of said Note, the Plaintiff declared due and payable Ihe unpaid balance, which is $6,916.71 with interestfrom August 27, 2005, plus late charges and attorney fees. Although requested to do so, fhe Defendant has failed and refused to pay !the unpaid balance due under the said Note. WHEREFORE, Plaintiff demands judgment against the Defendant in the aryount of $6,916. 71 with interest from August 27, 2005, plus late charges and attorney fees upon the fo~egoing Complaint in Civil Action -- Confract. MAY, LONG & SANDERS 1LL~ i/"--------. RUSSELL R. SANDERS, EQUIRE Attorney for Plaintiff BY: PROMISSORY .TE, LOAN AGREEMENT AND .LOSURE BORROWER(S): LENDER: Equity One, Incorporated OGl'--!i\LO E STINE. .'". ,.', ;~:', -,-'-''-' ,.... 0 ,_ \ .-_~, L,'-',{\\.. ..j I I:~,':".)[NS[;:.Jr::c 9 Pt', ., r,,~ -, ~/ C;;:.J, TRUTH IN LENDING DISCLOSpro;S ANNUAL FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS PERCENTAGE RATE The dollar amount the credit Tbe amount of credit provided Tbe, amount you wlII bave paid This is the cost of your will cost you. to you or on your bebalf. after you bave made all credit as a yearly rat.. payments as scbeduled 1";. 9~- :j ~ :382 ~ /(1"2) / 0 (Dt..)0 . 00 10382.110 NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE !JOE Monthly beginning 072 1,~1i. 20 e.13/23/05 '. SECURITY: This loan is unsecured LATE CHARGE: None PREPAYMENT: If you payoff early, you will not have to pay a penalty. See the eontract doeument below for any additlonallnformatlon about nonpayment, default, any requVed repayment In full before the scheduled date and prepayment refunds and penaltles. ' (e) means estimate ITEMIZATION OF AMOUNT FINANCED: TOTAL LOAN AMOUNT: AGREED RATE OF INTEREST: 7,000.00 11,Q,<;;~}.I,()lL.I Amount given to you directly: lj.;t~ %per annum on the entire unpaid Total 1.01$ Amount DATE OF LOAN: This loan will be consummated on the date you sign the enclosed loan check. Finance C1larges will begin to accrue three (3) days after the date the loan check is mailed to you. The maturity date ofyout loan is 02!~3!11 REPAYMENT: Borrower( s) promises to pay the ahove DlIll1ed Lender the Amount Financed with Finance ChargeB, or the Ullpaid balance from time to time at the Annual Percentage Rate shown above, in consecutive monthly pa}'/nents of the amount shown above, beginning on the payment date staled above and continuing on the BaIne day of eachlmonth until fully paid. If there is no such date in any month that follows, then payment shall be made on the last day <i>f that month. Each payment will be applied first to the interest computed to the date of payment with the remainder 4pplied to Principal. PREPAYMENT: Borrower(s) may prepay this loan in full or in part at anytime, without penalty. Anypartial prepayment sba11 not result in any change to the amounts or due dates of any subsequent payments. RETURNED CHECK CHARGE: Lender may charge BOlTower(s) a charge of not more than $20.00 for an)t check that is returned due to insufficient funds. Kansas residents only: the returned check charge will be limited to,$1O.00. ACCELERATION: If any payment is not paid when due or ifBorrower(s) fails to comply with any of the teqns of this loan transaction, subject to BOlTower's right to any notice of default, right to cure, and any other applicable la"i, the entire Ullpaid amount oftbis indebtedness may, at the option of the Lender, become due and payable without demand or notice. PROMISSt. Y NOTE, LOAN AGREEMENT A ) DISCLOSURE DEFAULT: Borrower(s) will be in default if Borrower(s) (1) does not make any scheduled payment on time or (2) the prospect of payment or performance by Borrower(s) is significantly impaired. Subject to Borrower's right to any notice of default, right to cure and any other applicable law, ifBorrower(s) defaults, Lender may require Borrower(s) to repay the entire unpaid balance. Lender's failure to exercise or delay in exercising any of its rights when default occurs does not constitute a waiver of those rights under this Promissory Note, Loan Agreement and Disclosure Statement. ATTORNEY FEES: Borrower(s) agrees to pay all costs and expenses incw:.red by Lender in collection, not exceeding 10% of the unpaid debt after default (or such additional fees as may be directed by a court) including reasonable attorneys' fees (imposed by an attorney who is not a salaried employee of Lender), to the extent permitted by applicable law. INTEREST AFTER MATURITY: Interest after maturity shall be charged at the Annual Percentage Rate shown above, unless otherwise prohibited by applicable law. GOVERNING LAW: This Agreement shall be governed by the laws of the state in which Borrower(s) reside. FINANCE CHARGE: The Finance Charge is calculated based on monthly payments being posted to your account on the due date shown on your periodic statement. FLORIDA RESIDENTS ONLY: Florida documentary stamp tax required by law in the amount of$ has been paid or will be paid directly to the Department of Revenue. Certificate of Registration No. KANSAS RESIDENTS ONLY: This Promissory Note, Loan Agreement and Disclosure Statement is made under and is subject to the Kansas Uniform Consumer Credit Code, Kan. Stat. Ann. ~ 16-a-I-201 etseq. NOTICE TO CONSUMER: 1. Do not sign this agreement before you read it. 2. You are entitled to a copy of this agreement. 3. You may prepay tbe unpaid balance at any time without penalty. BY SIGNING YOUR LOAN CHECK FOR THE PROCEEDS OF THIS LOAN. YOU AGREE TO ALL OF THE TERMS CONTAINED IN THIS DOCUMENT. omo RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission adm;ni.ters compliance with this law. . Fair Credit Reporting Act Disclosure: Information included on your consumer credit report was used in connection with this solicitation. This pre-approved offer was made because you satisfied the specific credit criteria for the loan program descn'bed in this solicitation. Credit may not be extended if, after you respond to this offer, we determine that you do not meet the criteria originally used to select you for this offer or any applicable criteria bearing on your creditworthiness. Those criteria include, but are not limited to, that you are oflegal age for your state of residence; you have not filed for bankruptcy since the time of you pre-approval; you have not moved beyond our service area for the loan offered; and you have not been subject to legal action since the time of pre-approval. You bave the right to prohibit the use of information contained In your file with any consumer credit reportin& agency In connection with credit transactions that you do not Initiate. To do so. vou can notify the followin!! nationwide credit bureaus in wrltinl! or bv calIln!! their toll-free telenhone number: Emerlan 1-888-397-3742. Emerlan Ont Out. P.O. Box 919. Alien. Tx. 75013-0919; Eaulfax 1-800-685- 1111. Eoulfax Onts. P.O. Box 740123. Atlanta. Ga. 30374-0123: Trans Union 1-800-888-4213. Trans Union. Marketlnl! Ont-Out. P.O. Box 97328. Jackson. MS. 39288-7328. When vou write to the above credit bureaus. be sure to Include Your full name. comnlete address. social security number. davtlme telenhone number and simature. PA t PROMISSORY NOTE, LOAN AGREEMENT AND DISCLOSURE \ DEFAULT: Borrower(s) w'JI be in d.efuult ifBorrowo-(s) (1) does DOt malee!IlY scheduled payment on time or (2) the prospect ofpaymcnt or JX'I1bnmnce by Barrowa(s) is signiiicllIIdy imp~. Subject ro Borrower'. right to any notice of default right to cure and any oth...-r applicable law, if Borrower(.) cL"faults, L-"Dder may require Borrower(s) to repay the entire unpaid balance. Lender's failure to e:<en;i,e or cLeIay in exercising any ofits rigbts when drl'ault OCClm docs no.t COIlStitu~ a waiv~ of those rights un.der this Pmrni.ssory Note, LD3D Ag:re.t::rneIlt a:nd. Di.:~losure Statemalt. ~ AITOAA'EY FEES~ Barrowor(s) a~s to pay all co~ 8!1d expen-bes incr';Irr~d. by L-~' in collection,. nc-t exceet1i~g 10% of the tlIlPaid debt after default (or ~u.ch addition!.i fees as rn.lyi::>oe directed by.!. court) iru:lu.&.ng reas.otable attorneys' n,e; (imposed by an attorney who is not a salaried employee of~er), to the extent p=nnit:ted by appliCable law, INTEREST AFTER MATURITY: In=est after matu...-ity shftll be charged at the Aruma] PercentAge Rate shown above. uizlcBS otlzcrwY.3C prohibi!rd by zpplicable law. c..oVElt.~G LAW; ~ Agreen--.....zerrt dil'!1J be governed by the l.ilWE ofrhe smre in which Bvrrower{s) reside. FINANCE CRARGE, The F:imnce ~ is atlculated beRed an monthly pay=" being )>OIlted to ym.rr account an the due <\o.U: shown on your periodic .tBt:ement. FLORIDA RESIDENTS ONLY: Florida documenbuy starop tlO: required by law in the a:nount of S !wi be<:n paid or will be paid directly to !he DepamnenI of Revenue. CcrtitiOllte ofRegilltrntion No. i ., , KANSAS RESIDENTS ONLY: This Promissory Note, LoanAgrocm::nl and DisclMure Stxlemettt is made under and is .ubje<:r to the Km1sas Uniform Consumer Credil Code, K.an. Smt. Ann. S 16...1-201 ~g. NOTICE TO CONSUM:ER: 1. Do not siIJl this av_t before you relld it. 2. You are entitled to a copY of tbJ.o agr-.at. 3. You may prepay the nnpald balllJlee at any time without penalty. BY SIGNING YOUR LOAN CHECK FOR TIIE PROCEEDS OF TIDS LOAN, YOl] AGREE TO ALL OF TIIE TERMS CONTAlNtl:l IN THIS DOCUMENT. OIDO RESIDENTS ONLY: The Ohio law:< .gaimt discrimination require that all crcdilol1i make credit equally available to all credil worthy custDmcrs and th.at credir reporting agencies lIUlinrain "'-'1'IIl1lU: cred.i1 hisrories on each individ~l upon requesL The Ohio Civil Riglrts Commi"ion AdminiSTeI:; compliance with thi. law. . Fair" Credit Reporting Act DiscJosure: Information included on your consumer a-edit rq:xnt was.U6ed in connection wi~ this solicitation.. 1bi! pre-.approved offer was made "tY-~use you satisfied :he speoific cr-vdi: criteria for t\e loan prognm d-Aft....'TIDed in thiB solicitation. Credit may not be extended if. &iter you re&pOnd to this offer, We determine that you' do not r(C~t the crit:ria originally used to selcct you for tIili offer" or my applicablt: critrtia bearing on your cre4ltworth.inC8s. Th~ criteria inclu&.but ne not limittd. to, that you arc oflcgaI age for your state of residence; you h.a ve noL f:ikd for bankruptcy since tht. ri.me of you pre-a.pproval; you have not move;d beyond our se!'Vice a.r-ea for the Joan offered; ;uid you have not ~en ~ubject to legal actioI:l sinc~ the'~ ofpre~&pprov&!. You b.ave the right to prQhIbJt the lIB< of information contained in your file with .ny conl11JD8r .credIt repottlnf alene}' in connection with credit tnlns:a.cti~ns that )'Oll do not lnltlate_ Tv Of)::3. VG'a an notlf;r the ffiUnwirur !liitlonw'ide eredft bureaus in 'Wrltilnr or bv C!iii!lif tbeir toD-f~ teJenbone numbe1:: E:rnerlan 1-&88-397",)742. En~rt..n Oot Out P'.O.1Jc.x 919. Allen.. Tx. 75013-0919;. Enwffix 1...800--68'> 1111~ ~,~~!~ Opt;.. P.O~ Bo:: '40123~ AthontA- G..30374--tl123; Tnms Union 1":~213. Tr.ns Union~ Marlretiii.l: OPt-QlI(, P,O, Fax 973Z~. J"cl<>ol\. MS, 392llS-7321l. Wh.., vau write to the abuve cn;<lit bureaos., be . $ure t6~~c.lude your [uE n~me. comnj~tr addNu.. J.OCJal.tecuritv Du.fIlb.to:r. daytime tcl~pbone: Dumbe:r and !iienature. I'A '01 v-l .' '::~ \"" C', 1, \ C'- W, 'Sl J.J. of ~ . a:. ~ ~;E~ 0" % 5 -.",.",,'5\\~ ~3 s. ~ \$ "- .;< -. .;< ...., ';6 ?= , ~ r- -::. If) "'- "'<. : ~ \ .~ ~ ~~':JV)c.t. .n'" - ~ .... .., <Il 0\ ...;J en \-I ' ~~ r-' ~ C) 1,\'(\1.'!\ t ~ ~ <Jl ~\ ~~ U t 'tl [Jl m ~)Z's ~ 1 ~ ,.-\",P< -i ~~ e ro PJ. .--5: $::::0 ; ~O.,...I. ~41 ~~11l ~ g ~ g %:J ,~"'~ ~~ i0 \) Q:,'C .!l '" . ~~ . ~ .~ , ~ !t\ \:'Ol-{~ . ~~, 8. \""\- V)~ ~4. , " c: to ... 0- '" '" '" ~ i - - \ ~ . - :i ~ ... ~ 't .J\ ~ \ .~ ~ "' ~ " " w \ ~ .. \ j \. g~ ~\ ii 11 Ii $~ ~! 'h 1'" \~ .. .., o o ~ v"~ f: '" I" 0 '- 0 ,....l.O 00" ' J> 0 0..... o' >.C) _ 0 ~.-- C.o-~ o I.t) c. '" 3' ~ 0 0 -""1",, "".9.~.9 Q) 0.. 0 r.n r " I" " g g i O~ '" ~ ~v ~ ~01 "e ~t--:r--- f" ..!' -" o 'i;; '";;; ".. "'-" 2 't"'i . o 'l..'" " ...8 .~ f ~ .....~..; %%~ .~ 6 I; ~~~ - r.AHlald Stine VERIFICA nON I verify that the statements made in the foregoing Complaint are true and correcf to the best of my knowledge, information, and belief. I understand that false statement made herein are subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904 relating to unsworn falsification to authorities. Date /I /, 'Ii/ D'\ EqUitYOn~~\ :=~Yztti2~!W/L---- Richard Eckermann Title Vice President Richard Eckcrmann V.P. (J ~ ~ r.: tI1 \" \t. U\ t/'l ..::t ..0 \) ~ ~ ~ ~ r- ~ -1:- f',.j ..--, ,---, ':.c.{, c- -~., - 1<' ..".., c'::l ,.'" '.'-1 ,'""' ...~ - g SHERIFF'S RETURN - REGULAR CASE NO: 2006-00281 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EQUITY ONE INC VS STINE DONALD DOUGLAS RUZANSKI Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STINE DONALD the DEFENDANT , at 1618:00 HOURS, on the 20th day of January 2006 at 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 by handing to DONALD STINE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 18.48 .39 10.00 .00 46.87 -i7'-~:;~?:~;;:"'.'" -;~? :f<'::'''':'.~-;':y"'''"~ R. Thomas Kline 01/23/2006 MAY LONG & Sworn and Subscribed to before By: me this ;lL,!3 / day of A.D. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA EQLlTY OI'iE, IN('., CIVIL DIVISION PlAINTIFF NO. 2006-00281 VS. CIVIL ACTlON--Contraet DOI'iALD STINE DEFENDANT PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEllALF OF: Equity One. Inc.. Plaintiff Address for Plainliff: e/o Russell R. Sanders. Esquire 5755 US Steel Tower, Pgh.. PA 15219- 2782 COUNSEL OF RECORD FOR THIS PARTY: Address for Dei'cndant: Donald Stine 420 North Earl Street Shippensburg l' A 17257 RUSSELL R. SANDERS, ESQ PA lD NO. 36636 MA Y. LONG & SANDERS FIRM NO. 475 5755 US STEEL TOWER PITTSBURGH. P A 15219-2782 (412)471-2822 . IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY. PENNSYLVANIA EQUITY ONE, '-.c., DEFENDANT ) ) ) NO. 2006-00281 ) ) CIVIL ACTlON--Contract ) ) ) PLAINTIFF VS. OO'iALD STINE PRAECIPE FOR DEFAULT ,IUDGMENT TO THE PROTHONOTARY: Kindly enter ajudgment in favor ofthe Plaintiff and against the Defendant. Donald Stine. in the above-captioned matter for failure to file an answer 10 Plaintiffs Complaint within 20 days of service thereof; and assess the Plaintiff's damages in the amount of$6,916. 71. with interest from August 27, 200S. I HEREBY CERTIFY that a written notice of intention 10 lile this Praecipe for Judgment was mailed via ordinary U.S. Mail, postage prepaid, to the Defendant on February 10. 2006. a copy of which is attached hereto. MA Y. LONG & SANDERS @l~ BY: Russell R. Sanders. Esquire Attorney for Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I'L\INTIFF , , , , , , , , , , i NO. 2006-00281 , , , , , , , , , , , , , , , EQUITY O"'E, [Ne., v.~. DONALD STINE, DEFENDANT NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Donald Stine Date of Notice: February 10, 2006 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIA nON 32 S. BEDFORD STREET CARLISLE PENNSYLVANIA 17013 Telephone: 717.249.3166 1.800.990.9108 By 1r:ll'-~Q\RS PC Russell R. Sanders, Esquire MAY. LONG & SANDERS 5755 US Steel Tower Pittsburgh. PA 15219 (412) 471-2822 (:; -;::J t .;,<j. ..a 't- t- o .-, ~ ~ /"', - - r ..:t: - ..(j ,-'J ...c: ~ r \;1 ~ -'-' , (f1 \"...' 3 _.~,J ~ ~ 1- Q5 ~.' 0" - ~ r " ,;,,-1 '.