HomeMy WebLinkAbout02-2901COMPLAINT
1. The plaintiff, Donald A. Fry, is an adult individual residing at 49 W. King St.,
Shippensburg, Cumberland County, Pennsylvania 17257.
2. The defendants, Michael S. Richardson and Tricia A. M. Richardson, are husband
and wife, and reside together at 8534 Rowe Run Road, Chambersburg, Franklin
County, Pennsylvania 17201.
3. On June 11, 2001, the defendants entered into an unsecured loan contract with
Orrstown Bank, 77 East King Street, Shippensburg Cumberland County, Pennsylvania
for a loan in the amount of $18,237.76 to be used to purchase a motor vehicle.
4. As a requirement to receive the loan, the Orrstown Bank required that the
defendants obtain the signature of a cosigner.
5. At the time of applying for the loan, the defendant, Michael S. Richardson, was
the employee of the plaintiff at his place of business, Cumberland Valley Rental,
Shippensburg, Cumberland County, Pennsylvania.
6. The defendant, Michael S. Richardson, approached the plaintiff, Donald A. Fry,
and requested that he co-sign his Promissory Note with Orrstown Bank for the said
loan, and the plaintiff agreed to be the co-signer. The said Note is attached as Exhibit
A.
7. On April 9, 2002, the defendant, Michael S. Richardson, was dismissed from his
employment with the said Cumberland Valley Rental.
8. On April 11, 2002, the defendants did not make their scheduled loan payment, and
the loan is currently in default, with a balance due of $16,322.35.
9. On May 28, 2002, the plaintiff and cosigner, Donald A. Fry, paid a monthly
payment in the amount of $422.25, and will continue to make the said monthly
payments until the balance is paid.
10. As a result of the failure of the defendants to make their scheduled payments, the
plaintiff sustained damages of $16,322.35 with the loan interest rate of 13.64%
being charged to the plaintiff, plus $2,000 for attorneys fees, all late fees, and all
costs of suit.
Wherefore, the plaintiff claims of the defendants the sum of $16,322.35 plus
interest, attorneys fees, late fees and all costs of suit, an amount within the sum
requiring compulsory referral to arbitration under the local rules of court.
Douglas, Douglas & Douglas
George F. Douglas, III, Esquire
Attorney for plaintiff
AFFIDAVIT
I hereby swear or affirm that the foregoing is true and correct to the best of
my knowledge and/or information and belief.
This is made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unswom falsification to authorities.
Date: May 10, 2002
"rr6'ondld A. Fry" - '" ' ~
SHERIFF'S RETURN
CASE NO: 2002-02901 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRY DONALD A
VS
RICHARDSON MICHAEL S ET AL
- OUT OF COUNTY
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
RICHARDSON MICHAEL S
but was unable to locate Him in his bailiwick.
deputized the sheriff of FRANKLIN County,
serve the within COMPLAINT & NOTICE
He therefore
Pennsylvania,
to
On July 19th , 2002 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Franklin Co 53.48
.00
90.48
07/19/2002
R.' Thomas Kline /
Sheriff of Cumberland County
DOUGLAS DOUGLAS DOUGLAS
Sworn and subscribed to before me
this ~/~ day of ~
~L~o D_~ A.D.
t ! P~othonot ar~
SHERIFF'S RETURN -
CASE NO: 2002-02901 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FRY DONALD A
VS
RICHARDSON MICHAEL S ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law, says, that he made a diligent
and inquiry for the within named DEFENDANT , to wit:
RICHARDSON TRICIA A
but was unable to locate Her in his bailiwick.
deputized the sheriff of FP~ANKLIN County,
serve the within COMPLAINT & NOTICE
, Sheriff or Deputy Sheriff who being
search and
He therefore
Pennsylvania, to
On July
19th , 2002 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
07/19/2002
So answers~~ .- ....
R..Thomas Klin~'
Sheriff of Cumberland County
DOUGLAS DOUGLAS DOUGLAS
Sworn and subscribed to before me
this ~z~-~ day of ~3-
;
~ A.D.
~ ; Prothonotary ~
SHERIFF'S RETURN -
qASE NO: 2002-00079 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
DONALD A. FRY
VS
MICHAEL S. RICHARDSON ET AL
REGULAR
JASON M. BITNER , Deputy Sheriff of FP~ANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT was served upon
RICHARDSON MICHAEL S.
the
DEFENDANT
at 8534 ROWE RD
at 0014:00 Hour,
on the 24t~ day of
June 2002
CHAMBERSBURG, PA 17201
MICHAEL S. RICHARDSON
by handing to
a true and attested copy of COMPLAINT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 9.00
Service 9.00
Affidavit 4.00
Surcharge 10.00
Mileage 3.48
35.48
Sworn and Subscribed to before
me ,~t, ~ day of
So Answers:
JASON M. BITNER
Deity ~h~riff
07/].0/20%2
DOUGLAS DOUGLAS & DOUGLAS
Notaria Seal
Patdcia A. Strine, Notary Public
Chambersburg Bom Franklin County
~ t"~mm~sion ~xp~res Nov. 4,
In The Court of Common Pleas of Cumberland County, Pennsylvania
Donald A. Fry
VS.
Michael S. Richardson et al
SERVE: Michael S. Richardson
No. 02 2901 civil
Now, June 18, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Franklin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now~
within
Affidavit of Service
,20. ,at
o'clock
M. served the
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of
,20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
SHERIFF'S RETURN
CASE NO: 2002-00079 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FP3~NKLIN
DONALD A. FRY
VS
MICHAEL S. RICHARDSON ET AL
- REGULAR
JASON M. BITNER
, Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT
was served upon
RICHARDSON TRICIA M.
the
DEFEND~T
at 8534 ROWE RD
at 0014:00 Hour,
on the 24th day of June
, 2002
CH-AMBERSBURG, PA 17201
TRICIA M. RICHARDSON
by handing to
a true and attested copy of COMPLAINT
together with
and at the same time directing ~er attention to the contents thereof.
Sheriff,s Costs: So Answers:
Docketing .00
Service 6.00 JASON M. BITNER
Affidavit 2.00
Surcharge 10.00 By _ ~_~
.00 D~p~ty Sheriff
18.00 07/10/2002
DOUGLAS DOUGLAS & DOUGLAs
Sworn and Subscribed to before
me this I~ day of
/Notary
! Patricia A Strine, Notary PubJic
In The Court of Common Pleas of Cumberland County, Pennsylvania
Donald A. Fry
VS.
Michael S. Richardson et al
SERVE: Tricia A.M. Richardson
No. 02 2901 civil
Now,_ June 18, 2002 , I, SI-~RIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of FrankJ_in ' County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
SheriffofCumberland County PA
Now,
within
Affidavit of Service
~20 ,at
o'clock
__ M. served the
at
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this ~ day of
,20
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
DOUGLAS, DOUGLAS & DOUGLAS
27 W. HIGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
George F. Douglas, III, Esquire.
Supreme Court I.D.# 61886
Plaintiff
Vs.
MICHAEL S. RICHARDSON and
TRICIA A.M. RICHARDSON, his wife
Cumberland County Pennsylvania
No.0~' Reo/ Civil 2002
Civil Action Law
Defendants
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 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 Ave.
Carlisle, PA 17013
717-249-3166
DATE:', UN 12 2002
Attbmey for Plaintiff