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HomeMy WebLinkAbout02-2681COMMONWEALTH Of PENNSYLVANIA ~3OUNTY OF: Mag Dist. No.: 09-1-01 DJ Name: HOn. CHARLES A. CLEMENT, Address: 400 BRIDGE STREET OLDE TO~VE COMMONS -SUITE 3 NEW ~;u~BERLAND, PA Te~phone: (717) 774'5989 17070 SHYANNE T. SINGLETARY 2846 BUXTON COURT HARRISBURG, PA 17110 T~IS IS TO NOTIFY YOU THAT: Judgment: r~ Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~K. JAMESON LAWRENCE, ESQ. 1300 MARKET ST. SUITE 200 iLEMOYNE, PA 17043 VS. DEFENDANT: NAME and ADDRESS ~SINGLETARY, SHYANNE T 2846 BUXTON COURT HARRISBURG, PA 17110 Docket No.: CV- 0000623 - 01 ] Date F ed: 10/25/01 FOR PT.AT~IFF (Name) K. j~,~.~n~ r.awn~,~a~: ~O- Judgment was entered against: (Name) ST'I~I'~'I','I~q~A~3F_. ~FJ['V'~.Iqi~I~ ~ in the amount of $ A_. 1 A"/_ =;n on: (Date of Judgment) [] Defendants are jointly and severally liable. r--[ Damages will be asSessed --1 This case dismissed without prejudice. r-~ Amount of Judgment SUbject to Attachment/Act 5 of 1996 $ ~-~ Levy is stayed for daYs or ~ generally stayed. ~1 Objection to levy has been filed and hearing will be held: (Date & Time) Am0unt of Judgment $ 8,000.00 Judgment Costs $ 107 o 50 Interest on Judgment $ ° 00 Attorney Fees $ 00 Total $ 8~107.50 Post Judgment Credits $ Post Judgment Costs $. Certified Judgment Total $ Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT I~Y FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, ClV!L DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRiPT FORM WIllY.YOuR NOTICE OF APPEAL. HAY 2 - 2002 Date · · ~,; ~t~:ict Justice i certify that this is a true and correct copy of the record of the proceedings containing the judgment.' Date *~ , District Justice My commission expires first Monday of January, 2008 SEAL AOPC 315-99 COMMON~fEALTH OF pFJq~ISY LVANIA COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO. ~)~ NOTICE OF APPEAL NoNce is gNan that the appdlant has filed in the above Court of Core'nan Pleas an appeal from the judgment rendered by the District Justice an the date and in the cace me~ ha~ I - / ~ ~k will ~ ~ ~LY ~n this mmfi~ is ~ui~ u~ P If (s~ ~. ~.C.P.J.R No. 1 ~8K ~ ~ of A~I, ~ ~d~ by ~ ~s~ ~s~ce, ~11 ~ as a ~O0~(~)in~i~f~ic~e,~ST ~PER~EAS ~ ~ j~t ~ ~ in ~is case FILE A C~PLAINT within filing hi~ ~T~E of A~EAL. ~ of ~ ~ PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sGction of fo/rn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Dis~ct Justice. IF NOT USED, deiach from copy of notice of appeal to be served upon appellee). E~ter rule upofl ~ c~ ~s~7/,) .~__ ~'"'~ * ?'/ , a~/~Ce#ee~s), to file a ~x~alnt in this appec~ (1) You am no~fied that a rub ~ hereby entered upon you to ~ a com~a~nt ~n th~ appeal ~dthin tw~t¥ (20) days after the date of (21 ~ you do not ~b a com~aint witNn tNs ~rne. a ~UDGMENT OF NON PROS ~qLL B~ ~NT~D &GAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. V COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-g0 .... ' .......... JO AY(] SIH± 31~ 3UOJ3g Q~glWOSSRS 0N¥ ((]3F',IWIJ JV) N'dO/~aS ¥1NYA"IASNN~d JO Hf'I¥::tMNOB~O3 ~" (seXoq aiq~o!ldde >/oaL¢O 7~8dde ]o ao,¢ou altl 5U!I!¢ ~t_~_l dV SAVQ (0 ~ ) N:2Z NIHZIM ~7:F/IJ _~8 .LSf?~' ao//uas ~o ]o~Jd S¢lZ) .LNIV"Id~O:D :1'11:10J. a~n~ aNY 'lV:ldd¥ JO ~]31/ON JO ~]OlAEI3S JO 'lO01:ld K. JAMESON LAWRENCE, ESQ. Plaintiff VS. SHYANNE T. SINGLETARY, · : Defendant ' : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : · NO. 02-2681 CIVIL TERM YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth n the following pages, you must take prompt action within twenty (20) days after this Complaint and Notice are served, by entering a wri[ten 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 BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Admihistrator Cumberland County Courthouse 1 Courthouse Square, Fourth Floor Carlisle, PA 17013 ~(717) 240-6200 NQTICIA ?;" Le han demandado a usted en la cz)rte. Si usted quiere defender~ d~ta~. demandas expuestas en las paginas siqulentes, usted tiene, veinte (20) dias de plaz0 al partir de lag fecha de las demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archival en la corte err forma escrita sus defensas o sus objecciones =a las demandas en contra cie su persona. Sea avisado qua 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 qua es pedido enla peticion de demanda, usted puede perder dinero o sus propiedades o olros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGAD© O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIClO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, Fourth Floor Carlisle, PA 170'13 (717) 240-6200 K. JAMESON LAWRENCE, ESQ. Plaintiff VS, SHYANNE T. SINGLETARY, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-2681 CIVIL TERM COMPLAINT AND NOW, this ~ay of June, 2002, comes K. Jameson Lawrence, Esquire, through his attorney, Michael D. Rentschler, Esquire, who files the within Complaint by respectfully averring as follows: 1. The Plaintiff is K. Jameson Lawrence, Esquire, who maintains a business office at 1300 Market Street, Lemoyne, PA (hereinafter referred to as ~Plainttff"). 2. The Defendant is Shyanne T, Singletary, an adult individual, sui juris, who resides at 2516 Buxton Court, Harrisburg, PA 17110. 3. On or about June 28, 1999, Plainliff made a personal loan to Defendant in the amount of $4,000, said loan to help Defendant finish graduate work at Pennsylvania State University, Harrisburg Campus, On that date, Plaintiff and Defendant executed a loan agreement, which describes the terms and conditions for the loan and the $4,000 check was delivered to Defendant. A true and correct copy of that document is incorporated herein, made a part hereof, and attached as Exhibit 4. The terms of the loan call for zero percent (0%) interest from June 28, 1999 until July 15, 2000. Defendant was to make at least quarterly payments on the loan beginning November 15, 1999 until the balance was paid in full. Any unpaid balance after July 15, 2000 would be subject to eighteen percent (18%) computed monthly. 1 requesting payment of the $2,000 balance no later than September 10, 2001. That lelter also informed her that her failure to respond accordingly to his notice would result in Plaintiff filing a lawsuit and collecting the interest on the unpaid balance as well as · court costs and attorney fees. 12. On September 12, 2001, at 7:35 a.m., Defendant left a voice mail indicating that she would be making the $2,000 loan payment on Friday, September 14, 2001. This payment was never received. 13. A District justice complaint was filed and a hearing was scheduled for November 26, 2001. That hearing was rescheduled to December 19, 2001 because of Defendant's notice to defend. ~ 14. Following the hearing, Defendant agreed to make payment of $2,791, the first $500 payment due no later than January 19, 2002. 15. On or about January 28, 2002, Plaintiff received via note card postmarked January 24, 2002, a $500 personal check dated January 25, 2002. The memo section of the check was inscribed with the words "loan payment". The note card, which accompanied the check, read, "It's not that I am ignoring the date of the 19~. I did not have it, please cash the check on Friday ... The final payment will be timely. Enclosed is my first payment on the outstanding loan..." That payment was deposited into Plaintiff's account and cleared. 16. Thereafter, on January 3172002, a letter was sent to Defendant thanking her for the first payment and asking her to remit the balance due by March 19, 2002 as previously agreed by the Defendant at the December 19, 2001 hearing. Plaintiff also suggested that Defendant make monthly progress payments and that Defendant 3 communicate with the Plaintiff or the undersigned counsel's office should there be any problem with the final repayment deadline. ~ 17. A telephone call was mad~ to Defendant on or about March 19, 2002 which reminded Defendant that the balance was due. No return call was received. 18. On March 23, 2002, Defendant left a 10:36 a.m. message on Plaintiff's law office' voice mail indicating she was sending the payment immediately but needed to confirm the office address since she was on travel and did not have it with her. Defendant left her mobile number and asked that Plaintiff contact her to provide the requested address. 19. On or about March 26, 2002, Plaintiff contacted Defendant at her mobile number and Defendant told Plaintiff that Defendant would send the full payment via express mail that day. That was Plaintiff's last conversation with Defendant. 20. At all times relevant to this action, Defendant has tendered payments totaling $2,500. Pursuant to the terms of Exhibit A, accrued interest as of June 15, 2002, which totals $6,210.00 21. Consequently, as of June 15, 2002, the total amount due pursuant to the terms and conditions of Exhibit A, is $7,710.00, and a demand for payment has been made therefore. ~ 22. Despite demands for payment, the outstanding amount is still due. VVHEREFORE, Plaintiff requests judgment against Defendant in the amount of $7,710.00, plus additional accrued interest and costs of suit. Respectfully submitted, 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Attorney for Plaintiff Principal $4,000.00 Loan Date June 28, 1999 Maturityl year Borrower: Shyanne T. Singletary 2846 Buxton Court Harrisburg, PA 171~__ Lender: K. J. Lawrence, Esq. 1300 Market Street, Ste 200 Lemoyne, Pa 17043 THIS LOAN AGREEMENT between Shyanne T. Singletary (Borrower) and lC Jameson Lawrence, Esquire (Lender) is made and executed on the following terms and conditions. ' Borrower has not received prior loans from Lender and has she has not applied to Lender for other financial accommodations, excepting this current loan request as referred to in this Agreement individually as the "Loan." Borrower understands and agrees that: (a) in granting, renewing, or extending any Loan, lender is relying upon Borrower's .representations, wai'ranties, and agreements, as set forth in this Agreement; (b) the granting, renewing, or extending of any Loan by Lender at aH times shall be subject to Lender's sole judgment and discretion; and (c) aH Such Loans shah be and shah remain subject to the following terms and conditions of this Agreement. TERM. , . This Agreement shall be effective June 28, 1999 an~all continue thereafter . .,u~.til.all indebt..e~tness of Bo_rrower to Leader has been pefformpd~ full a~ci~l~-e-parities terminate tins Agreement m writing. In no event shall reoa. vmen~'/~li~ 0% interest loan · Any unpaid balance after the Jul ~15 - . ............ m ~J 8~ . terest eompmed mont~y. Borrower shall make payments on this loan at least quarterly 0eginning November 15, 1999 until the balance is paid in full. DEFINITTIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Unifo~ia Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Agreement. The word "Agreement" means this Loan Agreement, as this Loan Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Loan Agreement from time to time. Borrower. The word "Borrower" means Shyanne T. Singletary. Collateral. The word "Collateral" means and includes without limitation all property and assets granted as collateral security for a Loan, whether real or personal property, . whether granted directly or indirectly, whether granted now or in the future, and whether granted in the form of a security interest, mortgage, deed of trust, assigmnent, pledge, chattel trust, factor's lien, equipment trust, conditional safe, trust receipt, lien, charge, lien or title retention contract, lease or consignment intended as a security device, or any other security or lien or lien interest whatsoever, whether created by law, contract, or otherwise. Event of Default. The words "Even'/of Default" means and include without limitation any of the Events of Default set forth below in the section titled "EVENTS OF DEFAULT." Indebtedness. , The word "Indebtedness" means and includes without limilation all Loans, together with all other obligations, debts and liabilities or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Bon'ower, or any one or more of them; whether now or hereafter existing, voluntary, due or not due, absolute or contingent, liquidated or unliquidated; whether Borrower may be liable individually or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether Borrower may be liable indebtedness may be or hereafter may become barred by any statute of limitations; and whether such indebtedness may be or hereafter may become otherwise unenforceable. Lender. The word "Lender" means K. Jameson Lawrence, Esquire, his successors and assigns. Loan. The word "Loan" or "Loans" means and includes without limitation any and all financial.accommodations from Lender to Borrower, whether now or hereafter existing, however evidenced, including without limitation those loans and financial accommodations described herein oi' described on any exhibit or schedule attached to this Agreement from time to time. Note. Th,e word "Note" means and includes without Borrower's promissory note or notes, if any, evidencing Borrower's Loan obligations in favor or Lender, as well as any substitute, replacement or refinancing note or notes therefor. Related Documents. The words "Related Documents' mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the indebtedness. Security Agreement. The words "Security Agreement" mean and include without limitation any agreements, promises, covenants, arrangements, understandings or other agreements, whether created by law, contract, or othenvise, evidencing, governing, representing, or creating a Security Interest. Security IntereSt. The words "Security Interest" mean and include limitation any type of collateral security, whether in the form of a lien, charge, mortgage, deed or trust, assignment, pledge, chattel mortgage, chattel trust, factor's lien, equipment trust, conditional sale, trust receipt, lien or title retention contract, lease or consignment intended as a security device, or any other security or lien interest whatsoever, whether created by law, c6ntraet, or otherwise. REPRESENTATIONS AND WARRANTIES. Borrower represents and warranties to lender, as of the date of this Agreement if each disbursement of Loan proceeds, as of the date of any renewal or modification of any Loan, and at all times any indebtedness exists. Organization. Borrower is an individual borrowing for educational or other lawful purposes. Authorization.' The execution, delivery, and performance of this Agreement and all Related Doo~ments by Borrower, to the extent to be executed, delivered or performed by Borrower, have been duly authorized by all necessary action by Borrower; do not require the consents or approval of any other person, regulatory authority or governmental body; and do not conflict with, result in a violation of, or constitute a default under (a) tiny provision of any agreement or other instwmental binding UpOn Borrower or Co) any law, governmental regulation, court decree, or order applicable to Borrower. Legal Effect. This Agreement constitutes, and any insto~ment or agreement required hereunder to be given by Borrower when delivered will constitute, legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms. Binding Effect. This Agreement, the Note, all Security Agreements directly or indirectly securing repayment of Borrower's Loan and Note and all of the Related Documents are binding upon Borrower's successors, representatives and assigns, and are legally enforceable in accordance with their respective tek'ms. Educational Purposes. Borrower intends to use the Loan proceeds solely for educational or other related purposes. Survival of Representations and Warranties. Borrower understands and agrees that Lender, without independent investigation, is relying upOn the abq, ve representations and warranties izl extending Loan Advances to Borrower. Borrower further agrees that the foregoing representations and warranties shall be C01~tinning in llatllre and shall remain in full force and effect until such time as Borrower's indebtedness shall be paid in full, or until this Agreement shall be terminated in the manner provided above, whichever is the last to occur. A!?FIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, while this Agreement is in effect, Borrower will: Litigation. Promptly inform Lender in writing of (a) all material adverse in Borrower's financial condition, and Co) all existing and all threatened litigation, claims, investigation, adminisix-ative proceedings or similar actions affecting Borrower or any Guarantor which could materially affect the financial condition of Borrower or the financial condition of Guarantor. Performance. Perform and comply with all te~ms, conditions, and provisions set forth in this Agreement and in the Related Documents in a timely manner, and promptly notify Lender if Borrower learns of the occurrence of any event which' constitutes an Event of Default under this Agreement or under any of the Related Doc~,ments. Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Agreement has been delivered to Lender and accePted by Lender in the, Commonwealth of Pennsylvania. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Agreement shah be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Costs and Expenses. Borrower agrees to pay upon demand all of Lender's expenses, including without limitation attorney's fees, incurred in connection with the preparation, execution, enforcement, modification and collection of this Agreement or in connection with the Loans made pursuant to this Agreement. Lender may pay someone else to help collect the Loans and to enforce this Agreement and Borrower will pay that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Borrower also will keep Lender'info~-med at all times of Borrower's current address(es). Notices. All notices required to be given under this Agreement shall be given in writing, may be sent by telefacsimile (unless otherwise required by law), and shall be effective when actually delivered or when deposited with a nationally reco~onized overnight courier or deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown above. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. To the extent permitted by applicable law, if there is more than one Borrower, notice to any Borrower will constitute notice to all Borrowers. For notice purposes, Borrower will keep Lender informed at all times of Borrower's current address(es). Severability. ,If a court of Competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modi~3ed to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. Successors and Assigns. All covenants and agreements contained by or on behalf of Borrower shall bind its successors and assigns and shall inure to the benefit of Lender, its successors and assigns. Borrower shall not, however, have the fight to assign its rights under this Agreement or any interest therein, without the prior written consent of Lender. Survival All warranties, representations, and covenants made by Borrower in this Agreement or in any certificate of other instrument delivered by Borro\ver to Lender under this Agreement shall be considered to have been relied upon by Lender and will survive the making of the Loan and delivery to Lender of the Related Documents, regardless of any investigation made by Lender or on Lender's behalf. Time is of th~ Essence. Agreement. Time is of the essence in the performance of this Waiver: Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Le~der. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Grantor, shall constitute a waiver by any or Lender's rights or of any obligations of Borrower or of any Grantor as to any future transactions. Whenever the consent of Lender is required Under this Agreement, the granting of such consent by Lender in any instance shall not constitute continning consent in subsequent in.ntances where such consent is required, and in all cases such consent may be granted or withheld in the sole discretion of Lender. BORROWER ACKI~OWLEGES HAVING READ ALL THE PROVISIONS OF THIS LOAN AGREEMENT, AND BORRO~VER AGREES TO ITS TERMS. THIS AGREEMENT IS DATED AS OF ~i.O. ,~ ,1999. TI-IlS AGREEMENT HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. LENDER: CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document via First Class mail postage prepaid to the following: Shyanne T. Singletary 2846 Buxton Court Harrisburg, PA 17110 Date: ~ ~7~~.:.~-~--~ ~- ~ Attorney for Plaintiff CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document via First Class mail postage prepaid to the following: Shyanne T. Singletary 2846 Buxton Court Harrisburg, PA 17110 Date: Attorney for Plaintiff K. JAMESON LAWRENCE,ESQUIRE Plaintiff vs. SHYANNE T. SINGLETARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2681 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Kindly mark the above captioned case settled and discontinued, with prejudice. Law Office of Michael D. Rentschler, P.C. Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 WILLIAM T. SMITH, ESQUIRE Attorney for Defendant 3747 Derry Street Harrisburg, PA 17111 (717) 561-2677 n(xys 1 o4 1