HomeMy WebLinkAbout02-2853 IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COMMUNITY BANKS, :
Plaintiff :
._
VS. :
:
DENNIS B. ETTER, :
Defendant :
NO.
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 is 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 document, or for any other claim or relief requesad by the Plaintiff. You may lose moneyor
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.
NOTICIA
Le han demandado a used en la corte. Si used quiere defenderse de estas demandas expuestas en las
paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notificacion.
Used debe presentar una apariencia escrita o en persona o pot abogado y amhivar en la corte en forma escrita
sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si used no se defienda,
la corte tomara medidas y puede entrar una orden contra used sin previo aviso o notificaciony por cualquier
queja o alivio que es pedido en la peticion de demanda. Used puede perrier dinero o sus propiedades o otros
derechos importantes para used.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff
DENNIS B. ETTER,
Defendant
CIVIL ACTION -LAW
COMPLAINT
AND NOW, comes Plaintiff, Community Banks, by and through its attorneys, Steven C.
Courmey, Esquire and Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of
action and in support thereof, avers as follows:
1. Community Banks is a financial institution authorized to conduct business in the
Commonwealth of Pennsylvania with a principal place of business located at P.O. Box 350,
Millersburg, Dauphin County, Pennsylvania, 17061.
2. Defendant, Dennis B. Etter, is an adult individual with a last known address of 39
Pond Road, Cumberland County, Newville, Pennsylvania, 17241.
3. Defendant is, and at all relevant times material hereto was, the primary applicant for a
loan with Plaintiff.
4. On or about May 24, 1999, Defendant applied to Plaintiff for a loan for the purpose of
purchasing a motor vehicle. A true and correct copy of the Application is attached hereto,
incorporated herein and marked as Exhibit "A".
5. The loan application submitted by Defendant was approved by Plaintiff and
Defendant signed a Pennsylvania Motor Vehicle Installment Sale Contract (hereinafter referred to as
Document ii.. 236063.1
"Contract") for the purchase of the vehicle. A true and correct copy of said Contract is attached
hereto, incorporated heroin and marked as Exhibit "B".
6. Pursuant to the Contract marked as Exhibit "B", Defendant agreed to the terms and
conditions of the extension of credit as set forth in the Contract.
7. Defendant has accepted the monies borrowed from Plaintiffpursuant to the terms and
conditions of the Contract marked as Exhibit "B".
Defendant made various payments as repayment of the monies borrowed from
Plaintiff.
9.
On or about April 11, 2002, Plaintiff provided a letter to Defendant stating that the
vehicle purchased by Defendant, a 1995 Ford F 150 Truck, is being considered as a repossession and
unless payment in full was made on the outstanding loan balance, the said vehicle would be sold at a
public sale on account of the Defendant and Defendant would be still responsible for any resulting
deficiency. A true and correct copy of this letter is attached hereto, incorporated herein and marked
as Exhibit "C".
10. As a result of Defendant's failure to cure the default in payment, Plaintiffsold for and
on account of Defendant said 1995 Ford Fl50 Truck.
11. Plaintiff has maintained a statement of account, keeping an accurate and running
amount of debits and credits made on Defendant's account.
12. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
13. Defendant has not objected to any of the monthly statements of account submitted by
Plaintiff to Defendant.
Document #.. 236063.1
14. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has
failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
15. As of April 23, 2002, the balance due, owing and unpaid on Defendant's loan account
with Plaintiff is the sum of Seven Thousand Seven Hundred Fourteen and 38/100 Dollars
($7,714.38).
16. Pursuant to the terms and conditions of the extension of credit contained in the
Contract, Plaintiff is entitled to receive and Defendant agreed to pay an annual interest charge on the
principal loan balance.
17. Pursuant to the terms and conditions of the extension of credit as set forth in Exhibit
"B", Defendant agreed to pay reasonable attorney's fees and all court and collection costs.
18. Plaintiffhas retained the services of the law firm ofMetzger, Wickersham, Knauss &
Erb, P.C. in the collection of the amounts due and owing by Defendant.
19. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees
from the law office of Metzger, Wickersham, Knauss & Erb, P.C. in the collection of the amounts
due from Defendant incident to the within action, and Plaintiff shall continue to incur such attorney's
fees throughout the conclusion of the proceedings.
20. The amount of attorney's fees incurred in this matter is the sum of Two Thousand
Three Hundred Fourteen and 31/100 Dollars ($2,314.31).
21. Any and all conditions precedent to the bringing of this action have been performed
by Plaintiff.
22. The amount in controversy is within the jurisdictional amount requiring compulsory
arbitration.
WHEREFORE, Plaintiff, Community Banks, respectfully requests this Honorable Court to
enter judgment in favor of Plaintiff and against Defendant, Dennis B. Etter, in the amount of Seven
Thousand Seven Hundred Fourteen and 38/100 Dollars ($7,714.38), plus interest, reasonable
attorney's fees in the amount of Two Thousand Three Hundred Fourteen and 31/100 Dollars
($2,314.31), the costs of this action, and such other relief as the Court deems just and proper.
Date: June 7, 2002 By:
Respectfully submitted,
Metzger, Wickersham, Knauss, Erb, P.C.
Steve~n~~
3211 North Front Street
Harrisburg, Pennsylvania 17110
(717) 238-8187
I.D. # 74669
Att0mey for Plaintiff
WO~ F~ ~0. 848114~ P. 05
VERIFICATION
I, Georgia A. Bear, Vice President of Collections for Peoples St~ Bank, verify
tha~ the ~ements made in the foregoing Complaint are true and correct to the best of
my information and belleL I under~tand that false statements heroin are made subject to
the penaJtie~ ot: 18 Po. CS. Section 4~04, r~atlng to un.sworn falsifi.--.a;;~n to authorities.
'\
Exhibit A
Exhibit B
Exhibit C
April 11, 2002
Deunis B. Etter
39 Pond Road
Newville, PA 17241
Dear Dennis:
Listed below is the corrected deficiency balance. The amount listed on the letter dated March 25, 2002 is to
be disregarded.
The repossessed 1995 Ford FI50 Track has been sold for $3,427.50. There is still a deficiency balance of
$7,714.38, which is your responsibility to pay.
The law states that we must give you 15 days to pay the loan in full and we return the vehicle to you. Since
you did not pay it offwithin the allotted time, we had the legal right to sell it for the highest bid that we
received.
However, this d~cs not absolve you of the responsibility for the account. The monies we received were
applied to your account; hence, the deficiency balance is still your responsibility and is shown as an
outstanding debt against you at all Credit Bureaus.
Please contact me at 866-286-0534 no later than April 22, 2002 to schedule an appointment to discuss a
repayment schedule. Please be advised that if you do not make arrangements by this date your account will
'* be turned over to our attorney Mr. Steven Courtn
· ~; legal extent Also be a,4,,~,.a a. ....... .~.~:,._ , t?, to p~ursu~ t~e reco.ve., o. fthe momes due to the fullest
7: .,~_ · · .... .u .,.. ,,,,y .uumonm tees uno costs lncurr~ tW the attome- w:" ' -
~ auuea expense y m a~so ye at your
Sincerely,
Vice President
Collections Department
GAB~as
cc/Barry Dillman
File
Box 1000
Eas~ Berlin, PA 173164500
800-PSB-9868
SHERIFF'S RETURN
CASE NO: 2002-02853 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COMMUNITY BANKS
VS
ETTER DENNIS B
NOT SERVED
R. Thomas Kline , Sheriff who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
ETTER DENNIS B
unable to locate Him
COMPLAINT & NOTICE
but was
__ in his bailiwick. He therefore returns the
the within named DEFENDANT
, ETTER DENNIS B
NOT SERVED , as to
MADE 14 ATTEMPTS BUT STILL UNABLE TO SERVE. THERE IS A LOCKED GATE
ACROSS ROADWAY TO HIS PROPERTY.
Sheriff's Costs:
Docketing 18.00
Service 27.60
Affidavit .00
Surcharge 10.00
.00
55.60
So answer~: ~
R~ THOMAS KLINE
SHERIFF OF CUMBERLAND COUNTY
METZGER WICKERSHAM
07/16/2002
Sworn and subscribed to before me
this .~ day of ~
~2 ~ R_~ A.D.
Pr~t~onot ary
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff
VS.
DENNIS B. ETTER,
Defendant
: 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 is 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 document, or for any other claim or relief requesafl by the Plaintiff. You may lose moneyor
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LT~WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICIA
Le hah demandado a used en la corte. Si used quiere defenderse de estas demandas expuestas en las
paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notificacion.
Used debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita
sus defensas o sus obi eciones a las demandas en contra de su persona. Sea avisado que si used no se defienda,
la torte tomara medidas y puede entrar una orden contra used sin previo aviso o notification y por cualquier
queja o alivio que es pedido en la petition de demanda. Used puede perder dinero o sus propiedades o otros
derechos importantes para used.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO I'IENE ABOGADO O SI NO
'I1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
TRUE COPY FROM RECORD
in Teetlmo~y whM'eol, I hMe unto setmy hand
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COMMUNITY BANKS,
Plaintiff
VS.
DENNIS B. ETTER,
Defendant
: NO.
..
..
_.
._
: CML ACTION -LAW
COMPLAINT
AND NOW, comes Plaintiff, Community Banks, by and through its attorneys, Steven C.
Courtney, Esquire and Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of
action and in support thereof, avers as follows:
1. Community Banks is a financial institution authorized to conduct business in the
Commonwealth of Pennsylvania with a principal place of business located at P.O. Box 350,
Millersburg, Dauphin County, Pennsylvania, 17061.
2. Defendant, Dennis B. Etter, is an adult individual with a last known address of 39
Pond Road, Cumberland County, Newville, Pennsylvania, 17241.
3. Defendant is, and at all relevant times material hereto was, the primary applicant for a
loan with Plaintiff.
4. On or about May 24, 1999, Defendant applied to Plaintiff for a loan for the purpose of
purchasing a motor vehicle. A true and correct copy of the Application is attached hereto,
incorporated herein and marked as Exhibit "A".
5. The loan application submitted by Defendant was approved by Plaintiff and
Defendant signed a Pennsylvania Motor Vehicle Installment Sale Contract (hereinafter referred to as
Document #: 236063.1
"Contract") for the purchase of the vehicle. A tree and correct copy of said Contract is attached
hereto, incorporated herein and marked as Exhibit "B".
6. Pursuant to the Contract marked as Exhibit "B", Defendant agreed to the terms and
conditions of the extension of credit as set forth in the Contract.
7. Defendant has accepted the monies borrowed from Plaintiff pursuant to the terms and
conditions of the Contract marked as Exhibit "B".
Defendant made various payments as repayment of the monies borrowed from
Plaintiff.
9.
On or about April 11, 2002, Plaintiffprovided a letter to Defendant stating that the
vehicle purchased by Defendant, a 1995 Ford F 150 Track, is being considered as a repossession and
unless payment in full was made on the outstanding loan balance, the said vehicle would be sold at a
public sale on account of the Defendant and Defendant would be still responsible for any resulting
deficiency. A tree and correct copy of this letter is attached hereto, incorporated herein and marked
as Exhibit "C".
10. As a result of Defendant's failure to cure the default in payment, Plaintiff§old for and
on account of Defendant said 1995 Ford Fl50 Track.
1 I. Plaintiff has maintained a statement of account, keeping an accurate and nmning
amount of debits and credits made on Defendant's account.
12. Plaintiff has submitted to Defendant a copy of the statement of account accurately
showing all debits and credits for transactions with Defendant.
13. Defendant has not objected to any of the monthly statements of account submitted by
Plaintiff to Defendant.
Document ti: 236063.1
14. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has
failed, refused and continues to refuse to pay all sums due and owing on Defendant's loan account
balance, all to the damage of Plaintiff.
15. As of April 23, 2002, the balance due, owing and unpaid on Defendant's loan account
with Plaintiff is the sum of Seven Thousand Seven Hundred Fourteen and 38/100 Dollars
($7,714.38).
16. Pursuant to the terms and conditions of the extension of credit contained in the
Contract, Plainfiffis entitled to receive and Defendant agreed to pay an annual interest charge on the
principal loan balance.
17. Pursuant to the terms and conditions of the extension of credit as set forth in Exhibit
"B", Defendant agreed to pay reasonable attorney's fees and all court and collection costs.
18. Plalntiffhas retained the services of the law firm ofMetzger, Wickersham, Knauss &
Erb, P.C. in the collection of the amounts due and owing by Defendant.
19. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees
from the law office ofMetzger, Wickersham, Knauss & Erb, P.C. in the collection of the amounts
due from Defendant incident to the within action, and Plaintiff shail continue to incur such attorney's
fees throughout the conclusion of the proceedings.
20. The amount of attorney's fees incurred in this matter is the sum of Two Thousand
Three Hundred Fourteen and 31/100 Dollars ($2,314.31).
21. Any and all conditions precedent to the bringing of this action have been performed
by Plaintiff.
22.
arbitration.
The amount in controversy is within the jurisdictional amount requiring compulsory
WHEREFORE, Plaintiff, Community Banks, respectfully requests this Honorable Court to
enter judgment in favor of Plaintiffand against Defendant, Dennis B. Etter, in the amount of Seven
Thousand Seven Hundred Fourteen and 38/100 Dollars ($7,714.38), plus interest, reasonable
attomey's fees in the amount of Two Thousand Three Hundred Fourteen and 31/100 Dollars
($2,314.31), the costs of this action, and such other relief as the Court deems just and proper.
Date: June 7, 2002 By:
Respectfully submitted,
Metzger, Wickersham, Knauss, Erb, P.C.
3211 North Front Street
Harrisburg, Pennsylvania 17110
(717)238-8187
I.D. # 74669
Attclrney for Plaintiff
F,'~ NO. 8481148 P, 05
VERIFICATION
!, Georgia A. Bear, Vice President of Collections for Peoples 5tale Bank, verify
that the stal. ements made In the foregoing Complaint are true and correc~ to the bes~ of
my information and belief. I understand that false s~ements herein are made subject to
the penalt~e~ ol: 18 Pa.C.5. Section 4~04, r~ating to unsworn falsificattan to authoriUe~.
Exhibit A
Exhibit B
Exhibit C
April 11, 2002
Dermis B. Etter
39 Pond Road
Ncwvillc, PA 1724 ]
Dear Dennis:
Listed below is the corrected deficiency balance. The amount listed on the letter dated March 25, 2002 is to
be disregarded
The repossessed 1995 Ford Fl50 Track has been sold for $3,427.50. There is still a deficiency balance of
$7,714.38, wlxich is your responsibility to pay.
~'~ ~ The law states that we must give you 15 days to pay the loan in full and we return the veh/cle to you Since
· "~ ,:. ~g ¢: you did not pay it offwithin the allotted time we had the legal ri it to se I it for the hi '
;, i.~.'~ ~:,~. z- ,-,,. - .4 gl ghest bM that we
"i~.::' 55i~ ~ .However, this does not absolve you of the responsibility for the account. The men es we received were
.~ ~ ,:~ ;5 .~} applied to your account; hence, the deficiency balance is still your responsibility and is shown as an
· ,~: :: ,'x, ? outstanding debt against you at a Credit Bureaus.
Please contact me at 866-286-0534 no later than April 22, 2002 to schedule an appointment to discuss a
,- , i repayment schedule. _Please be adv sed that if you do not make arrangements by this date your account will
.. i~ ;i :~. !~i:;~ be mined over to our attomcy, Mr. Steven Courtney, to pursue the recove of the monies due
~.. ~:~ .,:~ . . . ry to the fullest
i i~i!! ;,.'~'~.legal ext~ht. :Also bo [dvlsed that any addit,onal fees and costs incurred by the attome will al
~' ':~ -,~,~_JJ_J · ,, ~ .... y so be at your
~. ~ auu~u expense. ~, ·
~..:
~[;-:! .' Sincerely,
}e" eo gmA Bear
- ;' Vice President
'? Collections Department
GAB&as
cc/B ar~y Dillman
File
Box 1000
'East Berlir,. I'A 17316-050{I
800-PSB-9868
Godfrey & Courtney, P.C.
BY: Steven C. Courtney, Esquire
Attorney I.D. No. 74669
P.O. Box 6280
Harrisburg, PA 17112
~717) 540-3900
Attoruey for Plaintiff
PEOPLES STATE BANK,
Plaintiff
VS.
DENNIS B. ETTER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 02-2853
:
: CIVIL ACTION -LAW
PRAECIPE TO WITHDRAW/ENTER APPEARANCE
TO THE PROTHONOTARY:
Please withdraw Steven C. Courtney, Esquire of Metzger, Wickersham as counsel of
record for Plaintiff in the above-referenced matter.
Please enter the appearance of Steven C. Courtncy, Esquire of Godfrey & Courtney, P.C.
as counsel of record for the Plaintiff in thc above-referenced matter.
Respectfully submitted,
Dated: I C3/~ ~)"~
By:
GODFREY & COURTNEY, P.C.
Steven C .~;~'trrtn~quire
Attorney ID# 746(;9
P.O. Box 6280
Harrisburg, PA 17112
717-540-3900
Attorney for Plaintiff
Document #: 218597.1