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HomeMy WebLinkAbout95-04948 "1 Uc i j 1 . " 7 1 i , I ; ! i ~ , i , I , , I J I I I , , I . , , , i l 00 1 i i J I ~ I \0 0- , ./ <.:::.., VS. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA 0,';. '11'lg (i~(l'Le ,,){\.II'" : NO. T GARY MILLER, PLAINTIFF : CIVIL TERM : CIVIL ACTION - LAW SOUTHEASTERN CLUB MANAGEMENT OF PENNSYLVANIA, INC., DEFENDANT 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 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 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 Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 GARY MILLER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO, CIVIL TERM CIVIL ACTION - LAW SOUTHEASTERN CLUB MANAGEMENT OF PENNSYLVANIA, INC, DEFENDANT COMPLAINT I. The Plaintiff, Gary Miller, an adult individual residing at 116 Eagle Court, Cedar Village, Ashley, Luzerne County, Pennsylvania 18706, 2. The Defendant is Southeastern Club Management of Pennsylvania, Inc. a corporation incorporated under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 14 Greenway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about July 20, 1993 Defendant executed and delivered to Plaintiff a promissory note, a true and correct copy of which is attached hereto, made part hereof and marked as Exhibit "A", 4. Pursuant to the terms and conditions of the forgoing promissory note, Defendant promised to pay the Plaintiff on demand, the principal sum of six thousand five hundred dollars ($6,500,00), with interest thereon of eighteen percent (18%) per annum, 5. Defendant has defaulted on the aforementioned note by failing to make payment in accordance to the provisions thereof 6, There is now due and owing by Defendant to Plaintiff the principal sum of six thousand five hundred dollars ($6,50000), and outstanding interest as of September 13, 1995, in the amount ofS2,5 1454 and continuing interest at the rate ofS3,21 per diem all in accordance with the terms of said note plus reasonable attorney fees 7, Notwithstanding Plaintiffs demand for payment, Defendant has failed and refused to make payment of the forgoing sums " PROMISSORY NOTE No. 59 s I:. 500. 00 (Cily)~H.P)J/.!.C~"RG (Slale) Pf.l. 19..J.1:.... The undersigned SOLlTJ.J fEASrc.IU) rL/IS...JtJ:M1: ,,~ ?J4. 1.11I/ joinlly and ""ve,ally pmmise to pay 10 Ihe urde, 01 U It t( Y M.L'- '" J51? Jtx rlltu,I,SIl/O t:1 vI: ;{llA/lhtJ!O Oolla,s alsuch address as may from time 10 lime be designated. With inlercsllhercon at Ihe 'ale of /8 i. percenl per annom unlil fully paid. hue,esl is payahle ()p lJu E' j) /lTE . Upon default. the maker ag,ees 10 pay all reasonable colleclion coslS and allorneys fees fo, making such coll:Clion. All panies to this nole waive demand. notice of non.paymenl and p,OleSI. This nole shall be full) due 'lid payable on fJ&MAAlQ ,19 9'1- . . co e.z Legal Forms Fonn No, 11400 ,. Nt:. (Seal) (Seal) " .: ~i' CD - ,..' ,';Ii: _ ,..'k. . ~&,':::):! !If*~z ......0' ,ofCt ',,",_%0> 0...."I..J I (':'il('~ .:')~ .....~.f ~""C:'Z :-' ......lo.j;r ...,::,:,U.... ...:XQ.. u....::.'}' '0<'> ',',i::)' . .~--. ~ ~ \ . Q " ~ "" I'Y) .... Jt ~.... ti, ~~~ -.weal_ -.u lllll IIGlI W1NWA'lAIIIGI 'TlIH."" dIlUI1IlIlM'lal MV11'1 1"lntlU'l JMN1'I'fK; ~ ~ J1"I~ ~' . ; , .' ^. HLf.; IFF' C h[T!~,:hrl ~ j' ' ; - i , : ~ : !\;~~r lj!,:l; ~ ():!:. ~'1.1'~!"'[; f f'OMMONWEAL TIl OF PEHW::Y[Vt,1ji t,: COUNTY OF CUMBEHLAtH' MILLER GARY__.____._____.._... 'IS. SQUTHEASTERtl CLUB _MGI_QfJA___" ...R.:... Tho-,!!S!.Ei l'illno:- _"__~_"_____, ':::h';:'11 ti, 'tihCI b-:"lfl'J d~ll.,. :::W'.'I'rt ~1i.:-':ordl.ng to law, saya, th>:it he Tn.:.ldl;> do dlllg9nt .;.~~drch d:Vj lnt~tJ:r'l ff': th.;.> wIthIn flanled de1end~nt, tIt ..,~t: '3'~"JTHEASTERII ':1.UB MAIIAGEME.t:C.. OF PENNSYLVANIA llle -----.------ -.""---~"---,-----_.- but. "'as unable tn l(:'I=-;]t~ __T.b~ In her t-3I11\Jl.::_;":, He therefofP :->?t,qrrl;-';:" He COMPLA r NT --~----_._--_."._------_."--"_.._---^" NOT FOUN[~,_ as ~c the wlthlfi named def~njant -~-" --.-------- ~.._--- SiJUTHEASTrBl:L~LUB MANAGEMENT OF PENNSYl. V ANI A 1 lie ABOVE AD[JRESS IS A HOUSE. __HOUSE l.:- EMPJ..I..J!.Nr' TJiL... ___.____________ PQ~.l_Qff)CE HAS NO FORWAkr'ING A['['RE':;S. "-----.----.-- -"-----_.__. --- .----_._-- SherIff's (osts: [\ocv;et 1 flO S€'rvICE? . Afflddvlt :;ul'Charge 1 ~'. iJi,0 (.,7'- . ~~ t~l 3fi:7WO::-f? : ~ _-;~":'~~/'~ d-:" .1""_/'. .~~' r. i'-n:-'-'-C:---O-~--:~-~l-'-1" ;'1. ; ".llTi;i.:." Llltd/. ,,',.:,rlt~ ..' .,1,) c:,:-;;:-":- ;<FfiH ltEAhMi.:Ur. i 1."\ ~_'1 . < 1:1 ^1 .~, SWLlrrJ dfld Eubs~rlt,:,i 1'1 r~ 1j"r..:o ;'~' .. thlC; !oJ- !'JY ..f .(!~~l!!~:. 1 '~~__. cp:'\,__ A. L,. ,'\ .,.., -~~''1-1~1..c-f ~lt::':..t:!~~~~: t l t,. _,l':'i,t't, iI >" .' .. GARY MILLER, PLAINTIFF . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . NO. 1S I/ft 4 S () { {it C Jll lr---- VS. . CIVIL TERM . CIVIL ACTION. LAW SOUTHEASTERN CLUB MANAGEMENT OF PENNSYLVANIA, INC, DEFENDANT 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 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 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 1'RUE COPY FROM RECORD " Testimony wtceroo!. I here unto St>t my halId IIld t al 01 Sl ift. at Garliale, Pa. .( I, d V ol - \, 19 {I- ~ , 1" -. /\,-,j1IJ' \. y-" ' i " ~ GARY MILLER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. CIVIL TERM CIVIL ACTION - LAW SOUTHEASTERN CLUB MANAGEMENT OF PENNSYL VANIA, INC., DEFENDANT COMPLAINT I. The PlaintilT, Gary Miller, an adult individual residing at 116 Eagle Court, Cedar Village, Ashley, Luzerne County, Pennsylvania 18706. 2. The Defendant is Southeastern Club Management of Pennsylvania, Inc. a corporation incorporated under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 14 Greenway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about July 20, 1993 Defendant executed and delivered to Plaintiff a promissory note, a true and correct copy of which is attached hereto, made part hereof and marked as Exhibit "A". 4. Pursuant to the terms and conditions of the forgoing promissory note, Defendant promised to pay the Plaintiff on demand, the principal sum of six fhousand live hundred dollars ($6,500,00), with interest thereon of eighteen percent (18%) per annum. 5. Defendant has defaulted on the aforementioned note by failing to make payment in accordance to the provisions thereof 6. There is now due and owing by Defendant to Plaintiff the principal sum of six thousand live hundred dollars ($6,500.00), and outstanding interest as of September 13, 1995, in the amount of$2,514.54 and continuing interest at the rate of$3.21 per diem all in accordance with the terms of said note plus reasonable attorney fees 7. Notwithstanding Plaintill's demand for payment, Defendant has failed and refused to make payment of the forgoing sums WHEREFORE, Plaintiff demands judgment against Defendant, in the principal sum of six thousand five hundred dollars ($6.500.00), interest as of September 13, 1995 in the sum of $2,514.54 together with continually accruing interest and reasonable attorney fees. Rcspectfully submitted, DeArmond & DeArmond DATE:-.:Jf":>l '> BY: .;:;;rfi(j);( Keith B. DeArmond, Esquire DeArmond & DeArmond Attorney I.D. #58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 .' ,1ilI "...... --..- Co,,' ;. ~ \ . " ~ ' "'^ i (7\' "'.~,.'...' ~. ... I~ N ~. - - -r:!: a.. ~~ ~ \0 - j~ Z r- OC( .., ~ \D 0\ ~ "c"" .' *""UIU IIWI WlWA\IIIIlII 'T1lM~ WlUt~.. M'I11Y I4INIIlWY I'W'*"'~ ':f PN"'Kt .~ ; ~~ 0.0 v. I IN THB COURT OF COMMON PLIAS or I CUMBBRLAND COUNTY, PBHHSYLVAHIA I I NO. 95-4948 CIVIL TBRM I I CIVIL ACTION-LAW I I GARY MILLER, Plaintiff SOUTHBASTBRH CLUB HAHAGBMBNT or PBHHSYLVAHIA, INC., Defendant AHSlfBR TO COMPLAINT AND NOW, this #/'j'o. day of N , 1996, comes the Defendant, Southeastern Club Management of Pennsylvania, Inc., through its attorney, Mark S. Fenice, Esquire, and makes the following Answer to Plaintiff's Complaint. 1. Admi t ted . 2. Admitted. 3. Admitted. 4. The allegations contained in paragraph 4 of Plaintiff's complaint are denied. On the contrary, the document speaks for itself as to the terms and conditions of the promissory note. s. Denied that Defendant has defaulted by failing to make payment in accordance with the provisions of the note. On the contrary, Plaintiff is not entitled to any payments from Defendant based upon the terms thereof. 6. Denied that there is due and owing Plaintiff the sum of $6,500.00 plus interest of $2,514.54 to September 13, 1995 and continuing at the rate of $3.21 per day or any sums whatsoever or that Defendant owes Plaintiff any additional sum whatsoever for attorney's fees. On the contrary, the knowledge of what constitutes reasonable attorney's fees in Plaintiff's opinion is exclusively within the control of Plaintiff, and therefore it is deemed denied. Proof thereof is demanded at the time of trial. ~ 7. Denied that Defendant has failed or refused to make payments of the forgoing sums or any amount whatsoever despite repeated demands by the Plaintiff. On the contrary, Plaintiff has not yet made appropriate demand on Defendant for payment. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's complaint and enter judgment in favor of Defendant. BY'~ > L Mark S. Fenl.ce I.D. I 21358 2917 NORTH FRONT STREET HARRISBURG, PA 17110-1223 (717) 234-2401 ATTORNEY FOR PLAINTIFF I hereby verify that the facts contained in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties contained in 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ CJ"l ~ r .. -5 - ~.}~ ~. - C x: o~ "',' e:: f.: ~~I c'; .::1' ,0 v: '21 ,~ I ill .. ~~ l ~ ,,, :c "" II. ..0 a (') O~ I Ill! ! "jlil'! ~'il ....... . . .. . ," . .