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HomeMy WebLinkAbout02-2524WAYPOINT BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, : CIVIL ACTION - LAW VICKIE L. PATTERSON Defendant NO. 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Date: May 21,2002 By: epinsky, Jr. #23702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff WAYPOINT BANK, Plaintiff V. VICKIE L. PATTERSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. NOTIClA Le han demandado a usted en la coke. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVIClO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Date: May 21, 2002 KEEF~LLEN & RAHAL, LLP By: \,~__~ Eugene E. Pepinsky, Jr. Attorney I.D. #23702 210 Walnut Street, P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff WAYPOINT BANK, Plaintiff V. VICKIE L. PATTERSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (~)0L- c2,,~ COMPLAINT 1. Plaintiff is Waypoint Bank, a federal bank, with its principal office at 235 North Second Street, P.O. Box 1711, Harrisburg, Pennsylvania 17105. 2. Defendant Vickie L. Patterson, is an adult individual living and residing at 210 Frytown Road, Carlisle, Pennsylvania 17013. 3. Defendant executed an Installment Note and Security Agreement in favor of Plaintiff, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit A. 4. Defendant has defaulted in her obligations under the Note. 5. Despite Plaintiff's repeated demands, Defendant has failed and refused and continue to fail and refuse to pay the current balance owed to Plaintiff under the Note. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $12,439.49, together with interest, attorneys' fees and costs of suit. Date: May 21,2002 KEEFER WOOD ALLEN & RAHAL. LLP. By: ~epinsky, Jr. Attorney I.D. No. 23,702 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8051 Attorneys for Plaintiff -2- The undemlgned _ 1. 2. 3. L~ ~. /IJ~,~r'~ ~ , hereby veriflee and states thst: ($)He i~ /~ V'P .. o~Ha~s S~i'ngs Bank. Plakl§Ffhereln: (S)He ia aumorized tO make U~I$ Verification on il= behalf;, The fac~s s~ ferth In the ~regoing Complaint am I~e and ~on,~t to the b~t of (l~er~ls kflovd.dge, Iflforrna~n ~flcf belief: ofld 4. (S)Ho Is aware tt~t hlse st~temefl~ he~eifl em mede subJece to tho pe~mltios of 18 Pa. C.S. § 4904. relating to ufls',v~m falsiir~cation..to authoffffes. Dated: ~¥ 21, 2002 · , ' HARRIS SAVINGS BANK ,. ~ ~ fnstal~ment Note and Security Agreement No. 1751007525 $ 12700.00 April 28, 2000 For value received, the undersigned, jointly and severally, )"Borrower") promises to pay to the order of Harris Savings Sank ("Harris") at 235 North Second Street, Harrisburg, PA 17~ 01, or anybrenchofflce, the principa~ sum of Twelve thousand seven hundred dollars and no cents - - - With interest at the rote of 12. 990 % per onnum on the unpaid balance in (~0 successive monthly Instogments of $ 290.46 each, the first iostollment to be due an~ poyoble on the 12 doy of ~ .¢~0~-, successive installments to be due sod payable on the lika da,/ of eoch month thereofter untg the entire indebtedness evidenced hereby is paid {n full, except that any remoining indebtedness, if not sooner paid, shall be due and payable on 05/12/05 . If any instollment is ~ete, Sorrower ogrees that odditionol charges for Interest will be due at the started rote due at the stated due to the principol whether or not Horris elects to accelerate the due date as provided for undel DEFAULT below, LATE CHARGES If any installment ts Iota, by more then 15 doys Borrower ogrees to pay a late chorga ~ 20 · 00 OR 10 % of the late payment which ever is ~ greater [] teaser event of der pull to pay reasonable attorney's fees and to poy all legally recoverable chorges, SECURITY INTEREST AND COLLATERAL AS security for the poyment of all sums under this note and ail other existing indebtedness to Harris, the Sorrower hereby giants a security interest in any Insurance re(]uired or purchased hereunder, and in the following os indicated. [] Under the __ Uniform Commerciol Code to Horris in the property described below together with all additions, attachments, poira and extra parts not or hereafter Instolled in or affixed thereto [] Granted by the Collateral Mortgage dated for the following real estate [] in Sorrower shall not permit any other lien or encumbrance of any nature to bo ploced upon the Collateral without the consent of HARRIS. INSURANCE The Sorrower agrees to keep the Collaterol insured against loss or domoge by fire, theft, or other casualty in an amount agreeable to Horris with a loss-payee clause in favor of Horris, and the Borrower assigos to Harris all rights to receive proceeds of any such Insurance, end directs any insurer to poy all such proceeds to Harris, and outhorizes Horris to endorse any draft for such proceeds. The Sorrower agrees to pay all loxes on the Colloteral. The collateral sholl not be sold or removed from the above location without the written the written consent of Horris. This insurance, if reauired by this loon, may be obtained by the Borrower from oov insurer of his choice acceptable te Harris. Such insuronca is not ovoiloble through Harris. CREDIT INSURANCE CREOIT INSURANCE IS NOT REQUIRSD: Subject to acceptance by the insurer named below, credit insurance is available through Us for the term of this Note at the cost{at shown below: Single Ciedit Life and Single Credit Accident & Health Insurance are evailedle to any one Borrower signing for insurance below. Joint Credit Life insurance is avsgable to beth Borrowers signing for insurance below. No credit insurance edg be provided unless the appropriate statement(s) is signed by the Sorrower{s) to be insured and the costs shown below are included in the Amount Financed. {See the NOTICE OF PROPOSED CR~[DIT )NSURANCE~I [] By signing, you went Single Credit Life Insurance, which COSTS: $ r-~ 8y signing, you wont Single Credit Accident & Health [] By signing, you both want Joint Credit L~fe Insurance, Insuronce, which costs: $ which costs: ~ Whot are your ages? Signoture of Sorrower to be insured for Single Credit Life What is your pge? __ Years. What is your age? __ Name of Insurer: I/~Ve do notire any Credit Life or Accident & Health ~nsurance. PREPAYMENT S~gnature of Borrower to be insured for Single Credit 1. Yeors Accident & Heolth Insuronce. Years, 2. Yeors Signatures of both Borrowers to be insured for Joint Credit Life Insurance. If this notice, including accrued finance chorges, is prepaid in full by cash, o new loon, refinoncing or otherwise, there is no penalty and interest charges will stop on the date prepayment is mode. WAIVERS The Borrower, and all endorsers and guorantors, hereby Jointl,/ and severally waive notice of defoult, demond presentment for poyment, notice of non-payment, protest, notice of protest, d~lt9 once tn brfnglng suit hereunder, POd all defenses on the grounds of any extension of time of ~Dayment that by be given by Harris to on,/ maker hereof, DEFAULT The occurrence of ony of the following events shaft constitute a default hereunder, and shell, at the option of Harris, render ~he entire unpaid balance of this note and all other liabilities of ~he Borrower to Harris immediately due and payable without notice or demand to the Borrower or any endorser or guarantor: (al non-payment hare under of any payment when due pod payable: lb} failure of the Borrower or any endorser or guarantor, to perform any agreement herein or in any other Instrument, agreement or writing given to Herds: ici death of the Borrower, or any endorser or guarontor: id) insolvency, bankruptcy~ assignment for the benefit of creditors, or any other act of insolvency under state or federal law, by the Borrower or ony endolser or guarantor, or the Institution of any bankruptcy, insolvency, arrangement, debt adjustment, or receivership proceeding in which the borrower, or ony endorser or guarantor is alleged to bo ~nsolvent or unable to pay his debts as they become due: (at Harris, in good Faith, believes that the prospect of payment hereunder has been impaired: (fi entry of any )udgment in ony court of competent iurisdiction against the Borrower or any endorser or guarantor: (gl transfer or otternpted tronsfe¢ of any interest of Borrower in the security pledged therefore: (hi failure 5f borrower to maintain or prevent the deterioration pod degradation of the value of the security or abandonment of the security, ASSUMPTION AND PROVISIONS AFFECTING REAL ESTATE If this loan is secured by real estate, the transfer, without Harris' prior written consent, of any I.terest in the reel estate except the grant of a leasehold interest for three years or less not containing an option to purchase, is a default hereunder, A purchaser of real estate pledged as security for this loan cannot assume the remainder of this loan on the original terms. REMEDIES Upon the occurrence of any default hereunder, Harris shall have all r~hts and remedies with respect to this note and the collateral as provided herein and as provided for by taw, including, without llmltation~ the Penns¥1vanle Uniform Commercial Code~ and all such rights and remedies shall be cumulative. To the extent permitted by law, upo~ default, Harris sh~ll have the immediate right of set-off against ail money owed by Harris to the Borrower or any endorser or guarantor. The undersigned acknowledges receipt of a copy of this note and Collateral Mortgage, If applicable, at the time of execution hereof. -- ~- ' IqCKIE L PA~'~SC~ 210 ~ RD , C~/~LISLE, PA 17013 Address ISEAL) CLD ?0312/95 Address SHERIFF'S RETURN - CASE NO: 2002-02524 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS PATTERSON VICKIE L REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PATTERSON VICKIE L the DEFENDANT , at 1600:00 HOURS, on the 3rd day of June at 210 FRYTOWN ROAD , 2002 CARLISLE, PA 17013 by handing to VICKIE L PATTERSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this /0s day of  ~2_ A.D. ' ~rothonotary' ' ' So Answers: R. Thomas Kline 06/04/2002 KEEFER WOOD ALLEN RAHAL