HomeMy WebLinkAbout06-3877IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST COMPANY
OF CHAMBERSBURG,
Plaintiff,
v.
CIVIL DIVISION
NO.: d` - 377
ISSUE NO.:
DERRICK A. CARPENTER,
Defendant.
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSEDC MPLAINT WITHIN TWENTY (20)DAYS
FROM SERVI~F A AULT JUDGMEN7
MAY BE ENT ST YO
TYPE OF PLEADING:
CIVIL ACTION -COMPLAINT
IN BREACA OF CONTRACT
COUNSEL OF RECORD FOR
THIS PARTY:
Scott A. Diettelick, Esquire
Pa. I.D. #55650
I HEREBY CERTIFY THAT THE ADDRESS
OF 7HE PLAINTIFF IS~.
P.O. Box 6010, 20 South Maio Sheet
Chambersbur PA 17201-0819
AND THE E NT~,
110 Dus b
CERT~ICATE OF LOCATION
I HEREBY CERTIFY THAT THE IACATION OF
THE REAL E TAT ~ ED BY THIS LIEN IS
110 Dusty 1 ~ 61 7241
ATTORN TIFF
JAMES, SMITH,DIETTERICK
& CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717)533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST COMPANY : CNIL DNISION
OF CHAMBERSBURG,
Plaintiff, NO,:
vs.
DERRICK A. CARPENTER,
Defendants.
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 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800)990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST COMPANY : CIVIL DIVISION
OF CHAMBERSBURG, .
Plaintiff, NO.:
vs.
DERRICK A. CARPENTER,
Defendants.
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro
de los proximos veinte (20) dies despues de la notificacion de esta Demands y Aviso radicando
personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte
por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted fella de tomar accion Como se describe anterionnente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes pare usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800)990-9108
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST COMPANY : CNIL DNISION
OF CHAMBERSBURG,
Plaintiff,
No.: O(- --~77
vs.
DERRICK A. CARPENTER,
Defendants.
CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT
AND NOW, comes Farmers & Merchants Trust Company of Chambersburg ("Plaintiff'),
by and through its attorneys, James, Smith & Dietterick, and files this Complaint in Breach of
Contract as follows:
The Plaintiff is Farmers & Merchants Trust Company of Chambersburg, having
its principal place of business located at P.O. Box 6010, 20 South Main Street, Chambersburg,
Pennsylvania 17201-0819.
The Defendant is Derrick A, Carpenter, an adult individual whose last known
address is 110 Dusty Lane, Newville, Pennsylvania 17241.
3. On or about September 15, 2005, Defendant executed and delivered a Promissory
Note and Disclosure in favor of Plaintiff in the original principal amount of $10,900.00 ("Note").
A true and correct copy of said Note is marked Exhibit "A", attached hereto and made. a part
hereof.
4. Under the terms of the aforesaid Note, Plaintiff is entitled to accelerate payment
of the principal balance, accrued and unpaid interest and all other sums due and owing under the
terms of the Note upon the occurrence of an event of default, including but not limited to, the
failure to pay monthly installments of principal and interest when due.
The aforesaid Note has not been released, transferred or assigned by Plaintiff.
6, Defendant has breached his duty imposed by the aforesaid Note and is in default
under the terms of the said Note for, inter alia, failing to make monthly installments of principal
and interest when due.
Any and all conditions precedent to payment to Plaintiff have been satisfied.
By letter dated May 26, 2006, Plaintiff declared Defendant in default and declaed
the full balance owed under the Note to be immediately due and payable.
9. Notwithstanding Plaintiffs demands for payment, Defendant's obligations under
the terms of the aforementioned Note remain unsatisfied.
10. The amount due and owing Plaintiff by Defendant is as follows:
Principal $10,443.03
Interest to 7/3/06 $ 310.93
Late Chazges $ 30.57
Attorneys' Fees and Costs
(15% of total amount due) $ 1,617.67
TOTAL $12,402.20
plus interest on the principal sum ($10,443.03) from July 3, 2006, at the rate of $3.03 per diem,
plus additional attorneys' fees and costs.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants for
the total amount due of $12,402.20, with interest on the principal sum ($10,443.03) from July 3,
2006, at the rate of $3.03 per diem, plus additional late chazges, attorneys' fees and costs.
JAMES SMITH
DATED: Q~
BY:
Scott X. D9e11~iclc~s
PA I. D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717)533-3280
CONNELLY LLP
EXHIBIT "A"
PR NSSORY NOTE AND DISCL ;URE
ANNUAL PERCENTAGE. FINANCE CHARGE Amount Financed Total of Payments i
RATE 'The dollar amount Me credit The amount of eredh The amount I wiN have pdd
The coat of my credit as a willcost me. provided ro me or on my shat 1 have mods ell I
yearly rata. behalf. payments as schadulatl.
1 D,350% 83,788.58 310,900.00 514,686.58
PAYMENT SCHEDULE. My payment schedule will be 72 monthly payments of 8203,98 each, beginning OuKOber 17, 2005.
PREFERRED RATE FEATURE. The Interest rate on this loan IncltMee a preferred rate reduction. If the preferred rate reduction is terminated, the
interest on my loan wig increase to t0.80D%. The inweesa will take the farm of a larger amount due at maturity. Following is a deacdpNan at
Me evert that would cause the preferred rate reduction to terminate.
Dasedptlort of Event That Would Ceuae Ms Pntsmsd Rate Raduutlon to Tarminan.
stopping the Daft from en FaM account.
How The New Rate WIII Be Drtsrmined Upon Tarminadon of the Prehmd Reduction.
by 0.25%.
EXAMPLE OF EFFECT OF INTEREST RATE INCREASE. If the interart rate inmeesed by 0.260% on October 15, 2005, my finet payment would
incroeae to $338.81.
SECURITY. This loan is unsecured, ezeept for hee also reserved a eontrectuel right of smoN in my deposit accounts.
LATE CHARGE. If a payment is 18 days ar more late, I will be charged 6.000% of the ragWedY aehedWetl payment.
PREPAYMENT. If I pay off early, I will not have to pay a penalty.
1 will bok at my contract documents for any addlNOnal information ehou[ nonpayment, default, any reptrired repayment in full before the
scheduled dais, and prepevment refunds.
Amount Financed Itemization
Amount pdd to me directly: 93,724.15
43,724.15 Deposited to Account # 34-44627
Amount pdd to oMen on my hshdf: 87,175.85
$447.75 to Members tm Credit Union
9404.99 ro Key's Jewebrs
82,360.91 to Adema National Bank
83,972.20 to Juniper
Note Prfncfpd: 810,900.00
Prspdd Flnencs Charges: 90.00
Amount Flnenced: 810,900.00
Principal Amount: 870,900.00 Interest Rete: 70.350% Date of Note: September 15, 2005
Maturity Daie: September 17, 2011
PROMISE TO PAY. I ('Rorrawar''1 promlas to pay to Fermma and Merchants Tent Ca, of Chambsrsburg I"Lendar`h or ordm, In lawful money
of Ma United Strtaa of Amarlee, Me pdno(pai ammrM of Tsn Thousand Mm Hundred a 001100 DoRen (x10.900.001, together wiM Imarsat et
the rats pT 10.350% per ermum on tiro turpdd pdncipd hdatca from September 16, 2006, uma pdd In Tutl. The interest nta may change
under Me terms end eonditlona of Me "PREFERRED RATE REDUCTION" eaetlon. UMsea wdved by Lsndm, any Inereeaa In Me Interest rata
w01 Ineroaas Me amount of my find payment.
PAYMENT, 1 will pay tMe loan in 72 payments of 8203.98 each peymertt, My first payment is due October 17, 2006, end ell subeequeM
peymsnU ors due on the same day of each mordh after that. My fled payment w81 ba due on September 17, 2011, arW will bs for efl prkrcipd
eml aN aeorued mtmert not yet pdd. Paymama IneWds pdndpd end Mtsrart. UNeu oMmwlee agreed m regWrsd by appgeable law, payments
wig bs appilsd first to any eeevad unpeld IMmert: than to pdrrcryd; then ro any lets eherpse; end Man to any unpdd cagactlon eoa4. Intarsrt
on Mls Nots Is computed on a 386/386 sfmpk kdarartbeds; Mrtis, by ayplldrg Me retlo of the srxwel IMmart rata over Ms numbm of days in
a year, mWtlpNed by Me outrtending prinpipal bdarrce, mtdtlp8ad by Me ectud mrmbar of days Ms pdncipei batenee is ovtetandMp. 1 w01 pay
Lander at Landsr's atldraes shown above m M such other glees ea Landm may dsdgnrts m wdfMg.
PREFERRED RATE REDUCTION. The interest rate on thla Noie (neludee a preferrod rats reducion. Following is a dascriptlon of the event that
would cause the prafened rate reduction ro [ermMeta and how the new rate will ba determined upon termina0on of the preferred rate reduction,
Deacdptlon of Cvem Thet Would Cause Me Preferred Rrte Radueeon Lo Terminate.
stopping the draft hom an FaM account.
How The New Ren VHII Be Dsnrminsd Upon Txminetlon of Ma Pretemed Reductlon.
by 0.25%.
PREPAYMENT. 1 may pay whhout penefry aN or a portion of the amount owed earlier then it is Nue. Early payments will not, unless agreed to
by Lender in writing, relleva me of my obligation to cominua to make payments untler the payment schedule. Rather, early payments will reduce
the principal balance due and may result in my making fewer payments. I agree not tc send Lender payments marked "paitl in full", "without
recourse", or similar language. If I send such a payment, Lentlm may accept h without IosinO any of Lender's rights under this Note, end I will
remain obligated to pay any further amount owed to Lender. All written communioationa concerning disputed amounts, including any check or
other payment instrument that Intlicetbs thrt the payment conatltutes `payment in roll" of the amount oweo or that is nndaretl whh other
conditions or limhetions or as full satiatemion of a disputed emarmt must ba mailed or delivered to: Farmers end Merchants Trust Company of
Chamheraburg, P. O. Box 6010 Chemberaburp, PA 1 7 201-8 01 0.
LATE CHARGE. ff a payment is 16 days ar mme late, I will be eharped 6.000% of the repWedy sphetluled payment.
INTEREST AFTER DEFAULT. Upon default, including failure tc pay upon final meturlty, the total sum due under thla Note will beer interest from
the date of acceleration or maturity at the Interest rem on Mla Note. The IMere9t rata will not exroetl the maximum rate parmittetl by applicable
law. If judgment la entered in connection with this Note, innreat will continue to accrue on this Note after judgment et the existing interest rate
provided far in this Note.
DEFAULT. 1 will be in default render this Nota if any of the following happen
Payment Ortauh. 1 fail to make env payment when due under this Nota
50rrDW9C Dsrdek A. Carpenter ISSN: 179-82A9071 Landal: Fermms and Merchants Trurt Co. of Chembsraburp
110 Dusty Lene NawWlla Office
Nswville, PA 17241 (/('~~ ///~~~ M 20 South Mein Street
~\ _ 'i If ~ U 717 1 284bfi p 8 A 17201-8010
, P6..rMISSORY NOTE AND DISCLOSUke
(Continued) Pace 2
Break Other Prom(aea. 1 break any promise made to Lender or fail io perform promptly at the time end ctrictly in the manner provided in
this Note or in any agreement relatetl to this Note, or in any other agreement or loan I have with LerMer.
FNea SbUmente. Any reprasantaticn ar statement metla or furnishetl to Lender by ma or on my behalf under this Note or the reletetl
documents is false or misleading in any material respect either now w at the time made or furnished.
Osath or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed fw any part of my propeM: I make an assignment
for the benefit of creditors; or any proceeding is commenced gjther~y agpatSt m rr~er soy bankruptcy or insolvency laws.
Taking of the Property. Any crediror or governmental agency}q,~ea'ic~ta ~~r~ tfiM Props y or any other of my property in which Lender
has a lien. This includes [aking of, garnishing of ar levying on jAy ecLbh th~((;n r.f owever, if i dispute in good talth whether the
claim on which the faking of the property is hesad is valitl or re>~fneble, d e r written notice of the claim and furnish Lender
with monies or a surety bond setistacrory to Lendw to satisfy the claim, then this tlafault provision will net apply.
Evsnts Affacdng Ouuentor. Any of the preced'rg events access with respect io any guarantor, endorser, surety, or eccommotlaaon party
of any of iha indebtednsss or any puarantar, endorser, surety, or accommodation party dles or becomes incompetent, or revokes or
disputes the validity of, or Ilebility under, any guaranty of the intlabtednesa evidenced by this Note. In the event of a death, Lender, at its
option, may, but shall not be required to, permit Me guarantor's estate to assume uncontlitionally the obligations arising under the guaranty
in a manner setisfacmry to Londu, and, in tloing so, sure any Event of Default.
Inaecudty. Lendw in gootl faith believes itself insecure.
LENDER'S FIGNTS. Upon default, Lentler may, after giving such notices es required 6y epPlicable law, declare the entire unpaid principal
balance on this Nota and all accrued unpaid interact immediately due, and then I will pay that amount.
ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help callem Shis.NOro if I do not pay. 1 will pay Lender that amount.
This includes, subject to any limits untler applicable law, Lender's attorneys' tees antl Lender's legal expanses, whether or not there is a lawauli,
including attorneys' fees, azpenses fw bankruptcy proceedin0s lincludinp efforts to modify or vacate any automatic stay or injunctions, antl
appeals. If not prohibited by applicable law, I also will pay any court costs, in etltlitlon to ail other sums providetl by law.
GOVERNING LAW. This Nots will ba governed by federal Isw applieehle to LaMsr erW, to Na eztant net preempted 6y federal 4w, the laws of
the CammonwsMth of Pennsylvania without raeerd to (ta eonaieb of law provialoru. TMa Nota has bean accepted by Lender In gls
Commonwealth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether
cneckine, savings, or soma other eccountl. This includes all eccount6 I hold jointly with someone else eM all accounts I may open in the future,
However, this does not include any IRA or Keogh accounts, or any trust accounts for which aetotf would be prohibhatl by law. I authorize
Lender, to the extant permitted by applicable law, to charge or setoff all sums owing on the debt a0ainst any antl all such accounts.
COLLATERAL. This Indebtedness is unsecured.
SUCCESSOR INTERESTS. The farms of this Note shah ba bintlirg upon me, end upon my heirs, pareanal representatives, successors and
assigns, end shall inure to the benefit of Lender and its successors aM assigns.
GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note whhout losing them. I and any other
person who signs, guarantees or entloraes this Nota, to the eztant allowed by law, waive Preaen[ment, demand for payment, and notice of
dishonor. Upon any chen0e in the terms of this Note, and unless otherwise expressly stated in writin0, no party who si0na this Note, whether
as maker, 8uarentar, accommodation makes or endorsor, shall 6e released hom liability. All'such parties e0ree that Lender may renew ar extend
Irepeatadly and for any length of time) this loan or release any party or guarantor or collateral; or fmpelr, fail ro realize upon or perfect-Lsntlar's
security interest in the collateral. All such parties also s0ree that Lender may modify this loan without the consent of or notice to anyone other
than the party with wham the modification ie made. The obligations Vnder this Note ere joint and several. Thi6 means that the words "1',
"me", end "my" mean each end all of the persons slgnin0 below.
PRIOR TO SlONINO THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I ACNNOWLFDGE 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 ANO SHALL CONSTITUTE AND NAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW. '
BORROWER:
X ~} Cam;;
t ca_... (Seals
arnck A. Carpenter
LENDER:
FARMERS AND MERCHANTS TRUST CO. OF CHAMBERSBUflG
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST
COMPANY OF CHAMBER5BURG,
CIVIL DIVISION
No.: 06-3877 CIVIL
vs.
ISSUE NUMBER:
TYPE OF PLEADING:
Defendant.
PRAECIPE FOR DEFAULT JUDGMENT
(Breach of Contract)
FILED ON BEHALF OF:
Farmers and Merchants Trust Company of
Chambersburg
Plaintiff
Plaintiff,
DERRICK A. CARPENTER,
I Hereby
of Defent
110 Dusty
that the last known address
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Scott ie Brick, squire ~ Attorney for Plaintiff
JAMES, SMITH, DIETTERICK & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST COMPANY : CIVIL DIVISION
OF CHAMBERSBURG,
Plaintiff,
NO.: 06-3877 Civil Term
vs.
DERRICK A. CARPENTER,
Defendants.
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR/MADAM:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendant, Derrick A. Carpenter, in the amount of $12,595.31 which is itemized as
follows:
Principal $10,443.03
Interest to 8129/06 $ 483.64
Late Charges $ 50.97
Attorneys' Fees and Costs
(15% of total amount due) $ 1.617.67
TOTAL $12,595.31
plus interest on the principal sum ($10,443.03) from August 29, 2006, at the rate of $3.03 per
diem, plus additional attorneys' fees and costs. ~ _`_ _
JAMES
By:
Scott A.
PA I.~!#55650
P.O. Box 650
Hershey, PA 17033
(717)533-3280
& CONNELLY LLP
AFFIDAVIT OFNON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant is not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notice of Intent to take Default
Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evider~ed by thryattached copies.
Dietterick, Esquire
Swornct~o~,and subscribed before me
this ~ ~/ flay of, 2006.
Notary Public
My Commission Expires: ~ OF NeWLVANIA
~Y •~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST COMPANY : CIVIL DNISION
OF CHAMBERSBURG,
Plaintiff, NO.: 06-3877 Civil Term
vs.
DERRICK A. CARPENTER,
Defendants.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: Derrick A. Carpenter
( )Plaintiff
(XXX) Defendant
( )Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on ~"°"C`~ ;Z~lc
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $12,595.31
plus interest on the principal sum ($10,443.03) from August 29, 2006, at the rate of $3.03 per
diem, plus additional attorneys' fees and costs.
SHERIFF'S RETURN - REGULAR
Z''ASE NO: 2006-03877 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
CARPENTER DERRICK A
VALERIE WEARY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CARPENTER DERRICK A the
FENDANT at 1644:00 HOURS, on the 24th day of July 2006
at 110 DUSTY LANE
NEWVILLE, PA 17241 by handing to
DERRICK A CARPENTER
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
18.00
7.92
.00
10.00
.00
So Answers:
~'~~,.
R. Thomas Kline
35.92
Sworn and Subscibed to
before me this
day
07/25/2006
DIETTERICK CONNELLY
BY~
eput eriff
of A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST COMPANY : CIVIL DIVISION
OF CHAMBERSBURG,
Plaintiff, NO.: 06-3877 Civil Term
vs.
DERRICK A. CARPENTER,
Defendants:
IMPORTANT NOTICE
TO: Derrick A. Carpenter
110 Dusty Lane
Newville, PA 17241
DATE OF NOTICE: August 16, 2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTfING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.. YOU SHOULD TAKE
THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS. & MERCHANTS TRUST COMPANY : CNIL DNISION
OF CHAMBERSBURG,
Plaintiff, NO.: 06-3877 Civi] Term
vs.
DERRICK. A. CARPENTER,
AVISO IMFORTANTE
A. Derrick A. Carpenter
FECHA DEL AVISO: August 16, 2006
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE E5TE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEi?ARSE A CABO UNA VISTA Y USTED PUEDE
PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO
TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA
ABAJO INDICADA PARR QUE hE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108 J
DATE: ~/~(~
PA LD. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
JAME5 S CONNELLY LLP
BY:
S A. ietterick, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FARMERS AND MERCHANTS TRUST
COMPANY OF CHAMBERSBURG,
Plaintiff
vs
DERRICK A. CARPENTER
Defendant.
TO THE PROTHONOTARY OF SAID COURT:
File No. 06-3877 Civil Term
Amount Due $12,595.31
Interest Due from 8/26/06
@ $3.03 per diem $ 51.51
Atty's Comm 15% $ 1,617.67
Costs Judgment, Writ
Sheriff's Advance $ 329.50
TOTAL $14,593.99
The undersigned hereby certifies that the below does not arise out of a retail installment
sale, contract, or account based on a confession of judgment, but if it does, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property
pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for
debt, interest and costs upon the following described property of the Defendant(s)
_ Derrick A. Carpenter
See sttached "Exhibit "A"
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for the
following property (if resl estate, supply six copies of the description; supply four copies of
lengthy personal list)
and all other property of the defendant(s) in the possession, custod~`a ntrol of the said
garnishee(s). ~~
(Indicate) Index this writ against garnishee(s) as
of the defendant(s) described in the attached exhibit
Date: Q~
i
real estate
Signature:
Print Name: Scott . Di c ,Esquire
Address: P.O. Box 650, Hershey, PA 17033
Attorney for: James Srnith, Dietterick & Connelly, LLP
Telephone: X717) 533-3280
Supreme Court ID No.: 55650
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Exhibit "A"
INSTRUCTIONS TO SHERIFF
Please inventory and levy in place all personal property, both tangible and intangible, of
Defendant, Derrick A. Carpenter, at his residence, located at 110 Dusty Lane, Newvillw,
Pennsylvania 17241, including, but not limited to, all motor vehicles, televisions, VCR's, DVD
players, Stereo equipment, CD's, Video movies, satellite or cable equipment, personal computer
hardware and software, sofa, tables, chairs, desks, lamps, beds, and dressers.
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WRIT OF EXECUTION and/or ATTACHMENT
w
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3877 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST COMPANY
OF CHAMBERSBURG, Plaintiff (s)
From DERRICK A. CARPENTER, 110 DUSTY LANE, NEWVILLE, PA 17241
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTACHED
"EXHIBIT "A"
(2) You are also directed to attach the property of the defendant(s) not Ievied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $12,595.31 L.L. $.50
Interest FROM 8/26/06 @ $3.03 PER DIEM - $51.51
Atty's Comm 15 % $1,617.67 Due Prothy $1.00
Atry Paid $117.92
Plaintiff Paid
Other Costs SHERIFF'S ADVANCE - $329.50
Date: SEPTEMBER 19, 2006
(Seal)
REQUESTING PARTY:
Name SCOTT A. DIETTERICK, ESQUIRE
Address: P.O.BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone: 717-533-3280
Curtis R. Long, Prot o ary
By:
Deputy
Supreme Court ID No. 55650
Exhibit "A"
INSTRUCTIONS TO SHERIFF
Please inventory and levy in place all personal property, both tangible and intangible, of
Defendant, Derrick A. Carpenter, at his residence, located at 110 Dusty Lane, Newvillw,
Pennsylvania 17241, including, but not limited to, all motor vehicles, televisions, VCR's, DVD
players, Stereo equipment, CD's, Video movies, satellite or cable equipment, personal computer
hardware and software, sofa, tables, chairs, desks, lamps, beds, and dressers.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03877 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FARMERS & MERCHANTS TRUST CO
VS
CARPENTER DERRICK A
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CARPENTER DERRICK A the
DEFENDANT at 1644:00 HOURS, on the 24th day of July 2006
at 110 DUSTY LANE
NEWVILLE, PA 17241
DERRICK A CARPENTER
by handing to
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 18.00
Service 7.92
Affidavit .00
Surcharge 10.00
~~
So Answers:
R. Thomas Kline
35.92,x` 07/25/2006
~ ~a~G /~ DIETTERICK CONNELLY
Sworn and Subscibed to C~ By: ~ _---
before me this day eput eriff
of A.D.
Thomas Kline, Sheriff, who being duly swo
rn
this writ is returned STAYED. according to law, states
Sheriff's Costs:
Advance Costs: 150.00
Docketing
18.00 Sheriff's Costs:
Poundage 1
42 $ 77.74
Advertising .
Law Library .50
Prothonotary 1
00
Mileage .
10
56 Refunded to Atty on 10/31/06
Surcharge .
20
00
Levy .
20
00
Certified Mail .
Post Pone Sale
Garnishee
Postage ~g
TOTAL $ 72.26 4 ~ iir~,j/off
So Ans rs•-.
~;
R. Thomas Kline, Sheriff
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By Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3877 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY: ERS AND MERCHANTS TRUST COMPANY
To satisfy the debt, interest and costs due FARM
OF CHAMBERSBURG, Plaintiff (s)
From DERRICK A. CARPENTER, 110 DUSTY LA ndantEs and to e'lP SEE ATTACHED
(1) You are directed to levy upon the property of the defe ( )
'EXHIBIT "A" . ossession
(2) You are also directed to attach the property of the defendant(s) not levied upon in the p
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
aying any debt to or for the account of the defendant (s) and from delivering auy property of the defendant
p
(s) or otherwise disposing thereof,
(3) If property of the defendants ~ he levou aare directedto not fy him/her that he/she has been added as a
of anyone other than a named garn , Y
garnishee and is enjoined as above stated.
Amount Due $12,595.31
L.L. $.50
Interest FROM 8/26/06 @ $3.03 PER DIEM - $51.51 1 00
Atty's Comm 15 % $1,617.67
Atty Paid $117.92
Plaintiff Paid
Date: SEPTEMBER 19, 2006
Due Prothy $
Other Costs SHERIFF'S ADVANCE - $329.50
Curtis .Long, Protho try
(Seal)
REQUESTING PARTY:
Name SCOTT A. DIETTERICK, ESQUIRE
Address: P.O.BOX 650
HERSHEY, PA 17033
Attorney for: PLAINTIFF
Telephone : 717-533-3280
Supreme Court ID No. 55650
By:
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARMERS & MERCHANTS TRUST COMPANY : CIVIL DIVISION
OF CHAMBERSBURG,
Plaintiff, NO.: 06-3877 Civil Term
vs.
DERRICK A. CARPENTER,
Defendants.
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please mark the judgment filed at the above-captioned term and number satisfied without
prejudice.
Respectfully submitted:
JAMES,
BY:
PA I.D. #55650
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
& CONNELLY LLP
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