HomeMy WebLinkAbout06-0327
ORRSTOWN BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
"".
NO. 2006- J t/ T
CIVIL TERM
DWIGHT A. KEEBAUGH
and APRIL L. KEEBAUGH, :
husband and wife,
Defendants
CIVIL ACTION-LAW
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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA TlON
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, Pennsylvania 17013
(717) 249-3166
ORRSTOWN BANK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 3)7
CIVIL TERM
DWIGHT A. KEEBAUGH
and APRIL L. KEEBAUGH, :
husband and wife,
Defendants
CIVIL ACTION-LAW
COMPLAINT
NOW, comes Plaintiff, Orrstown Bank ("Orrstown") by and through its attomeys,
O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets
forth the following:
1. The Plaintiff is Orrstown Bank, a Pennsylvania corporation with a place of
business located at 77 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257.
2. The Defendants, Dwight A. Keebaugh and April L. Keebaugh, husband and wife,
are adult individuals residing at 100 Creek Road, Newville, Cumberland County, Pennsylvania
17241.
3. On or about June 26, 2002, Dwight A. Keebaugh and April L. Keebaugh, made,
executed and delivered the same day a written Promissory Note and Disclosure ("Promissory
Note") to Orrstown.
4. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A"
and is incorporated by reference.
5. Defendants have defaulted under the terms and conditions of the Promissory Note
by failing to make payment of principal and interest for the payments due in October, November
and December of2005.
'.
'.
6. Under the terms of the Promissory Note, if any monthly payment of principal and
interest is not made when due or any other obligation of the Promissory Note is not met, then the
entire indebtedness owing on the Promissory Note shall become due and payable immediately at
the declaration of Orrstown.
7. Orrstown has exercised its option and declared the entire indebtedness due and
owmg.
8. The Promissory Note provides, in relevant part, as follows:
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone
else to help collect this Note if] do not pay. I will pay Lender that
amount. This includes, subject to any limits under applicable law,
Lender's attomeys' fees and Lender's legal expenses, whether or not there
is a lawsuit, including attorneys' fees, expenses 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 law,
9. The following amounts are presently due on the Promissory Note calculated to
January 11, 2006:
Principal
$10,402.31
Interest to January
11, 2006 (per diem
of $3.84)
$ 344.45
Late charges
$ 41.85
TOTAL:
$10,788.61
"
COUNT I
BREACH OF CONTRACT
ORRSTOWN BANK v. DWIGHT A. KEEBAUGH AND APRIL KEEBAUGH
10. Plaintiff incorporates by reference paragraphs one through nine as though set forth
at length.
11. Dwight A. Keebaugh and April L. Keebaugh have breached the terms of the
Promissory Note by failing and refusing to pay the amounts due thereunder.
12. All conditions precedent to recovery have been fulfilled.
13. As a direct and proximate result of the breach by Dwight A. Keebaugh and April
L. Keebaugh, Orrstown has incurred the loss of$10,788.61 and these damages will continue to
accrue.
WHEREFORE, Plaintiff requests judgment in its favor and against the Defendants for the
sum of$10,788.61 plus additional interest, costs, expenses and attorney fees all in amount not in
excess of the limits requiring compulsory arbitration.
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.diriorrstownbanklkeebaughI2006Icomplaint.pld
01/11/2006 16:21
71 724g5755
DES
PAGE 0&
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VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~
4904 relating to unsworn falsifications to authorities.
DA IE: I, ( ~ - c> (b
.~~ 9 J~; i,t(j
Betsy J. Smith, Collector
Orrstown Bank
fC~t:~~
I-I'?, -(Yo
PROMISSORY NOTE AND DISCLOSURE
References In the shaded area are for Lender's use on~ and do not Jlmlt the ~ppl1cabmty of this document to any part!cular loan or nam.
An Item above oontalnl11 ,*un has been omitted due to text Ienglh limitations.
Borrower: DWIGHT A. KEeeAUGJ-i (SSN: 195-54-5683)
APRil L KEEBAUGJ-i (SSN: 271~74-419S)
100 CREEK RD.
NEWVIUE, PA 17241
Lender:
ORRSTOWN BANK
KING STREET OFFICE
T7 EAST KING STREET
POBOX 250
SJ-iIPPENSBURG, PA 17257
ANNUAL FINANCE CHARGE Amount Financed Total of Payments
PERCENTAGE RATE The dollar amount IhB credit TIle amount of credit provided The amount I will have paId
The C031 of my crndlt as Q will cost me. 10 me or on my behalf. after 1 have made alt payments
\ yearly fate. as scheduled.
13.500% $15,149.39 $11,319.61 $26,469.00
PAYMENT SCHEOUlE. My payment schedule will be 180 monthly psyment, 018147.05 eech, beginning July 26, 2002.
SECURITY. Th19 loan Is unsecured I BXCspl for Le~der's saourlly Intsrast and other rights In my deposit accounts.
lATE CHARGE. If a payment 1.,6 days or morelale, I will be charged $2.50.
PREPAYMeNT. If I pay ort early, I will I"lOt have to pay B. pene.lly.
I will look at my contract documents for any addlflona! lnformallon about nonpaymentl default, any requlrad repayment In full befors the soheduled
dale, and prepayment refunds.
Amount Financed Itemization
Amount paid on my account:
$11,319.61 Payment on Loan # 240019316
$11,319.61
Nole prlnclpel:
prepaid Finance Chatge.:
LBnder may retain a portIon of certaIn of these amounts.
In CaSh: $0.00
Amounf Financed:
$11,319.61
$0.00
$11,319.61
Principal Amount: $11,319,61 Interest Rate: 13.500% Date 01 Note: June 26, 2002
Maturltv Oats: June 26, 2017
PROMISE TO PAY. I ("Borrower") JOIntly and ..veroUy promise to pay 10 ORRSTOWN BANK ("lender"), or ord"" In lawful mo"O'{ or 1M
unlled Slale. 01 AmerIca, the p~nclpal amount 01 Eleven Thousand Three Hundred Nlneleen & 611100 Dollar. ($11,319.61), together with
inlereslat the rate of 13.50a% per (lnl1um on the unppjd prlnclpel balance from June 261 2002, until paid In full.
PAYMENT. I will pay Ihlsloan In 180 payments of $147.06 each payment. My first payment Is due JUly 28, 2002, and 811 SUbsequent payments
Bre due on the some dpy of each month after that. My finel payment will be due on June 26, 2017, and wm be for all princlpel and all acCn.Jtld
interest not yet prod. Payments Include principal and Interest. Ul1leSS otherwIse Bgreed or requIred by oppllcable law, pByments Will be
applied nrsf to accrued unpaid Interestl then to principal, al'ld any remaIning amount to any unpaid collection costs and late eharges. Interest
on 1hls Note is computeel on a 365136$ simple Intere.lilt basl$j that Is, by applyIng U18 ratio of the IlnnUBllnterest rate over the number of tfRY~ In
a year, multiplied by the outsll!lndlng principal balance. multiplied by the actulll number of dey.,ne principal balance Is oulstBndlng. I will pay
Lender at lender's address Shown above or a1 .such other piece 8!J Lender may designate In writing.
PRE:PAYMENT. I may pay without penally afl or a portloll 01 the amount owed earlier Ihan it is due. Early payments will not, unless agreed to by
lender In wrlllng, relieve me of my octlgallon to conllnLJe to make paymenls under the payment schedule. Rather, early payments will reduce the
prlncipel balance due and may result in my making fewer PQyments. ! agree not to send Lender payments marked "paid In full", "without recourse'" or
similar language. III send such a payment, Lander may accept it wlthout losIng any of Lender's rights under this Note, and I will remain ol)ligated \0
pay any furthet amount awed to Lender. All written communicatlons concernIng disputed amounts, Including any check or other payment Inslrument
that indicates lhat the payment constllutes "paymenlln full" Of tho amolJnt owad or Ihat Is tendered with other conditions or limitations or as full
satisfaction 01 a disputed amounl must be mailed or dslivElnjd 10: ORRSTOWNBANK,P.O.BOX250SHIPPENSBURG,PA 17257.
lATE CHARGe. If. paymenll, 15 days or more lata, I will be charged $2.50.
INTEREST AFTER DEFAULT. Upon default, including fatlurQ to pay upon final malurity, the total sum due under this Note \',Iill bear Interest from the
date of acceleration or maturity at the Interest rate on this Nola. The Interest rate will nol exceed the maximum rate permitted by applicable law.
DEFAULT. I wltl be In default under thIs Nola If any of Ihe followIng happen:
Payment Default. I faUlo make any payment when due under lhls Nots.
Break O1her promises. I break any promise made to Lender or fall to perform promptly at the Ume s.nd strictly In the manner provided In this
Nole or In any agreement related to this Note, or In any other agreement (If loan I have wllh Lender.
False Stzs:lemunts. Any represantation or statement mQde or furnIshed to LBnd~r by me or on my behalf under this Note or the related documents
is false or misleading In any material rGspGct, either now or at the I1me made or furnisiled.
EXHIBIT "A"
,
Loan No: 130030146
PROMISSORY NOTE AND DISCLOSURE
(Continued)
Page 2
Oeath or InGolvency. Any Borrower dies, or becomes insolvent; a receiver Is appclnted for any part of my property; I make an assignment for ths
benefit of creditors; or any proo6edlng Is commenced elttler by me or agalnsl me undBJ any bankruptcy or insolvency laws.
Taking 01 the property. Any crodnDr or governmental egency Moo to take any 01 the property or any olher of my property In which Lender has a
lien. This Includes taking of. garnishing of or levying on my acc:ounls with Lender. However, If I dIspute In good faith whether the claim on which
the tQking of the property is based Is valid or reasonable, and If I gIve Lender wr1ttan notice of the claim Qnd furnIsh Lander with monIes or a surety
bond satisfactory to Lender to .atisfy the claim, then this detault provision will not apply.
Events Affecting GUBnm1or. Any of the preceding events occurs with tespect to any guarantar, endorser, surety, or accommodstion per1y of any
Of the Indebtedness or any guarantor, endorsar, sursty, or Q,ccommodation par1y d!9S or becomes Incompetent, or revokes or disputes the validity
of, or lIabll1ty under, any guaranty of 1M Indebtedne~5 evtdenoed by this Nota. In the event of a death, Lender, al "s option, may, but shall not be
required to, permit tha guarantor's estate to assume uncondlt!oflally the obrtgaflons arising under the guaranty in a manner satlSfa.ctory to Lender',
and, In doIng so, cure any Event ot Default.
CUre ProvIsIons. If any default, other than a default in payment Is curable and If I havs not been given a nottce of a breach of the same provision
of this Note within the preceding twellls (12) months, It may be cured {and no event of defa.ult wll\ have OCCurred} if I, after receiving written notice
from Lender demanding cure of .uch defoull: (1) cur. the dereult wilhin lifteen (15) days; Dr (2) If the cure require. mOfe Ihan Ilft..n (15) deys,
Immediately In!tlate steps which Lender deems in Lander's sole discrelion to be sufficIent to cure the default and thereafter continue and complete
all reBsonable and necBssary steps 9ufflclent to produce compliance as soon as reasonably pmcticBl.
LENDER'S RIGHTS. Upon default, Lander may, a.f1Br gIVing 9uch notrce~ a!l required by a.ppllcable law, decIQn;~ the entire unpaid principal balanC9 on
this Note And all accrued unpaid Interest Immediately dUBI and then I wlll pay thai amolJnt.
ATTORNEYS' FEES; EXPENSES. Lender mey hire or pay someone else to help collecllhis Nato ill do not pay. I will pay Lender thalomount. This
includes, subject to any limits undOf applicable lawr1.ender's attomeys' fees and Lander's legal expenses, whQther or nol there Is a lawgull, Including
attorneys' fees, expenses for bankruptcy proceedings (including sffans to modify or vacate any automatic slay or Injunction), and appesls. If not
prohibited by applicable law,l also wIll pay any court c06ts.ln addition to Ql1 other sums provided by law.
RIGHT OF SETOFF. To the extent permitted by a.ppllcable law, Lender reserves a rIght of setoff In all my accounts with leflder (whether cheoklng,
savings, or some other aecount). This lnoludes all accounts I hold jointly with someone else and all accounts I may opan in th8 futurs. HOWQWlr, thIs
does not InclUde any IRA or Keogh accounts, or any trust accounts for whIch setoff woUld be prohibited by law. I authorize Lender, to !he exlent
permitted by applicable law, to charge or setoff all sums owing on the debt QgB.ins1 any and all such accounts. end. at Lender's option, to
administratively freeze all such accounts to allow Lender to protect Lender's charge and setoN rights provided in this paragraph.
COLLATERAL. Thlslndebledn...I, un.eoured.
SUCCESSOR INTERESTS. The term. of thl. Nole .hall be binding upon me. ond upon my hol,., pornonal repre.ontallves, successors and a.,lgns,
and shall Inure to the benefit of Lender and its SUCC8SSorS and assigns.
NOTiFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us II we report ony Inoccurat.
Information about your account(s) to a consumer reporting agency. Your written Miles describing the specifio inaccuracyQas} should be sent to Us at
th<llollowlng addrsss: ORRSTOWN SANK P.O. BOX 250 SHIPPENSBURG, PA 17267
GENERAL PROVISIONS, Lander may delay or forgo enforcing any of lls rights or remedIes under thIs Nota without losing tham. I and any other
person who signs, guarantees or endorses this Nots, to the extant a.llowed by law, waive presentment, demand for payment, end noUce of dishonor,
Upon any change1n the terms of this Note, and unless othef"INlse expressly stated In writing, no party who signs this Note. whether as maker, guarantor,
aocommodatlon maker or endorser, shail be relaa.sad from llablllty. All such partIes a.gree that Lender may renew or extend (repeatedly and for Bny
length of time) thIs loan or release any party or guarantor or colla.taral; Of impair, failta realize upon Dr periect Lender's security Interest In Ihe eoUatersl.
All such parties also agree that Lender may modify this loan without the consent of or notlGt:! to anyone other than the party with whom the modlfloatlon
IS made. The obllgatlons under this Notl3 are joinf and 5evera.1. ThIs means that the words '1", "me", and "my" mean each and all of the pBl'sons signing
below.
PRIOR TO SiGNtNG THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO
COSIGNER SET FORTH BELOW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND DISCLOSURE.
THIS NOTE IS GIVEN UNDER SEAL AND IT is INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCOROING TO LAW.
NOTICE TO COSIGNER
You ere being asked to guerent.. tnlS debt. Think caretully belore you do. 1I1h. borrower aos.n't pey 1M debt, you will have to. ee Gure
you Cll.n afford to pay If you have to, end that you went to accept thl9 l'e.9pOn.9lbuny.
YOU may have to pay up to tne full amount of the debllf the borrower does not pay. YOU may 81so have 10 pay late fees or collection costs,
which Incr.... this amount.
The Lender can eollecl this tfebt from you without first trying to collect from the borrower. The Lender can use the SlIme collectfon methods
against you that C~n be used againsllht:: t:Jorrower, such B9 suing you, garnishing your wages1 etc. If this debt Is ever In default, that fact may
become. part 01 YOUR credit record.
This notice is not the contract that makes you liable 'or the debt.
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SHERIFF'S RETURN - REGULAR
.
CASE NO: 2006-00327 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
KEEBAUGH DWIGHT A ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
KEEBAUGH DWIGHT A
the
DEFENDANT
, at 1940:00 HOURS, on the 13th day of February
2006
at 100 CREEK ROAD
NEWVILLE, PA 17241
by handing to
DWIGHT KEEBAUGH
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
19.36
.39
10.00
.00
47.75
-. ,.,.~! ...:;<<~ /./,'.."<:
..._'j.-::r (..,.,:.....'.,:. ,/;- /7 ....
" ".,.;:,~;:~,f~"'-'..._~.~i'~-..-.4..-'
R. Thomas Kline
Sworn and Subscribed to before
02/14/2006
OBRIEN BARIC S~~RER
By: IQ
. "'.
me thls J") ~
day of
Deputy
1J~dO~ AD.
, pr~otar
SHERIFF'S RETURN - REGULAR
..
.
CASE NO: 2006-00327 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ORRSTOWN BANK
VS
KEEBAUGH DWIGHT A ET AL
BRIAN BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
KEEBAUGH APRIL L
the
DEFENDANT
at 1940:00 HOURS, on the 13th day of February, 2006
at 100 CREEK ROAD
NEWVILLE, PA 17241
by handing to
DWIGHT KEEBAUGH, HUSBAND
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
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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Sworn and Subscribed to before
By:
SCHERER
!#;i)I{
'Depu Sheriff
R. Thomas Kline
02/14/2006
OBRIEN BARIC
me this f7"5:
day of
1
\ 1-,
1
ORRSTOWN BANK,
Plaintiff
v.
DWIGHT A. KEEBAUGH
and APRIL L. KEEBAUGH, :
husband and wife,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 327 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO DISCONTINUE
Kindly mark the above-captioned action as having been settled and discontinued without
prejudice.
Date: 3/7/(/0
1
Respectfully submitted,
~;:d
David A. Baric, Esquire
LD. # 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
\
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CERTIFICATE OF SERVICE
I hereby certify that on March~, 2006, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Dwight A. Keebaugh
April L. Keebaugh
100 Creek Road
Newville, Pennsylvania 17241
I
David A. Baric, Esquire
C 1
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