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Home My WebLink About02-4956NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF LEE ANN KUNKLE Plaintiff JEREMY M. KLINE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02- ~CIVIL TERM 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 an 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 1-800-990-9180 or (717) 249-3166 NATHAN C. WOLF~ ESQUIRE ATTORNEY ID NO, 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF LEE ANN KUNKLE Plaintiff Vm JEREMY M. KLINE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW _, : NO. 02- Z//~/~CIVIL TERM : COMPLAINT NOW COMES the Plaintiff, Lee Ann Kunkle, by and through her attorney, Nathan C. Wolf, Esquire, and files this complaint and avers as follows: 1. Plaintiff is Lee Ann Kunkle, an adult individual residing at 627 Burnt House Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Jeremy M. Kline, an adult individual residing at 5565 Creek Road, Shermansdale, Perry County, Pennsylvania 17090. 3. On or about April 2, 1997, plaintiff agreed to co-sign on a loan with the Pennsylvania State Employees Credit Union (PSECU) for the purchase of a 1990 Nissan Pathfinder. 4. Plaintiff and defendant each co-signed for the loan from PSECU in the amount of $11,475.00. A true and correct copy of the draft from PSECU, signed by both parties, is attached hereto and incorporated herein as Exhibit "A'. 5. Interest on the loan was charged at a rate of 7.99 percent. 6. In April of 1997, Plaintiff also wrote a check from her line of credit with PNC Bank in the amount of $2,453.03 for the purchase of the 1990 Nissan Pathfinder for the defendant. A true and correct copy of the draft from PNC Bank, signed by Plaintiff and made payable to Auto-Max, is attached hereto and incorporated herein as Exhibit "B". (7%). The interest charged on the line of credit was at a rate of seven percent 8. Plaintiff co-signed and borrowed for funds totaling $13,928.03 for the purchase of the 1990 Nissan Pathfinder. 9. Since it was purchased, the vehicle has been and continues to be in possession of the defendant. 10. Defendant agreed to make payments in the amount of $285.00 per month to the plaintiff to cover the payments on the loans to PSECU and the line of credit from PNC bank. 11. Defendant made sporadic payments to plaintiff since they reached their agreement, totaling $2,494.00. 12. Defendant's last payment to plaintiff was in May 2001. 13. Once plaintiff satisfied the lien in favor of PSECU, she received the title to the vehicle. A true and correct copy of the certificate of title is attached hereto and incorporated herein as Exhibit "C". 14. Plaintiff has made numerous requests of the defendant to pay the balance due, and despite the defendant's promises to do so, he has neglected to pay the same or any part thereof. 15. Plaintiff has, to date, paid a total of $14,989.25 since December of 1997. 16. Plaintiff believes, and therefore avers, that she is owed a total of $12,495.25, after crediting defendant for the payments made to plaintiff. 17. However, Defendant has acknowledged his obligation on the additional amounts still owed to plaintiff and has made promises to make payments to plaintiff which he has not fulfilled. 18. Plaintiff has incurred substantial costs in attempting to recover the amounts owed to her by defendant. WHEREFORE, plaintiff, Lee Ann Kunkle, demands that this Honorable Court enter an order requiring defendant to pay to plaintiff the sum of $12,495.25 for the amounts due and owing to plaintiff, plus attorneys fees, interest, and the costs of litigation. October,~//, 2002 Nathap/~. Wolf, s..E~qquire ~ j Attorl~ey for Plaintiff ....... Attorney ID No. 87380 35 East High Street, Suites 201/202 Carlisle, PA 17013-3052 (717) 243-6090 EXHIBIT A EXHIBIT B P. fl~ ,IiJ~ {) ~ 1997 / DEPARTMENT Of TRANSPORTATION CERTIFICATE OF TITLE FOR a VEHICLE ~ ..~j JNSHO17Y'gLW232319 LEF ANN KUNKLE & JEREMY M KLINE 627 BURNT HOUSE RD CARLISLE PA 17013 P S E C U STATE EMP. CR. UNION P S E C U I CREDIT UNION PLACE HARRISBURG PA 17110 SECOND LIEN RELEASED BRADLEY L HALLORY NAME CITY EXHIBIT C VERIFICATION I, the undersigned, hereby verify that I am the plaintiff in this action and that the facts stated in the above Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. lit '~ Se ember ~ ,2002 : LEE ANN KUNKLE NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF LEE ANN KUNKLE Plaintiff JEREMY M. KLINE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02- ~'~ CIVIL TERM November 22, 2002 TO: JEREMY M. KLINE 1140 OYSTER MILL ROAD CAMP HILL PA 17011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICF, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: NOVEMBER 22, 2002 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013 717 - 249 - 3166 35 East High Street, Suites 201/202 Carlisle, PA 17013..3052 (717) 243-6090 SHERIFF'S RETURN - CASE NO: 2002 04956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KUNKLE LEE ANN VS KLINE JEREMY M REGULAR CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon KLINE JEREMY M the law, DEFENDANT at 1140 OYSTER MILL ROAD CAMP HILL, PA 17011 at 1053:00 HOURS, on the 29th day of October 2002 by handing to JEREMY M KLINE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments PERRY COUNTY WAS ORIGINALLY DEPUTIZED FOR SERVICE IN THIS CASE. A NOT FOUND RETURN WAS RECEIVED FROM THEM. Sheriff's Costs: Docketing 18.00 Service 10.35 Out of County 9.00 Surcharge 10.00 Dep Perry Co 23.30 70.65 Sworn and Subscribed to before me this ~ ~ day of / ;Prothonotary So Answers: R. Thomas Kline 10/30/2002 HAROLD S. IRWIN III By: -~ ~~ ' Dep/t~ Sherle{ SHERIFF'S RETURN - OUT OF CASE NO: 2002-04956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KUNKLE LEE ~ VS KLINE JEREMY M 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: KLINE JEREMY M but was unable to locate Him in his bailiwick. deputized the sheriff of PERRY County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 6th , 2002 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge .00 .00 .00 .00 .00 .00 10/30/2002 HAROLD S IRWIN III SO answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of~/~ ~ / ; Pr~o~honotar~j , · NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA t70t3 (717) 243-6090 ATTORNEY FOR PLAINTIFF LEE ANN KUNKLE Plaintiff JEREMY M. KLINE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : CIVIL ACTION - LAW : : NO. 02- 4956 CIVIL TERM _, TO THE PROTHONOTARY: Please enter a default judgment against the defendant in the above matter for failure to respond to the complaint within twenty days of service thereof. Service of the complaint was made on October 29, 2002 by the Cumberland County Sheriff. A ten day notice of intention to take default judgment was filed on November 22, 2002, which was sent to the defendant via certified mail. Since the defendant has failed to respond, kindly enter judgment for the plaintiff, as follows: On the complaint of the plaintiff, enter judgment for the plaintiff in the amount of $12,495.25, Plus costs, interest and attorney fees incurred after this date until date of payment. December ~, 2002 re Attorney ID No. 87380 35 East High Street, Suites 2011202 Carlisle, PA 17013-3052 (717) 243-6090 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (7t7) 243-6090 ATTORNEY FOR PLAINTIFF LEE ANN KUNKLE Plaintiff Vm JEREMY M. KLINE Defendant November 22, 2002 TO: JEREMY M. KLINE 1140 OYSTER MILL ROAD CAMP HILL PA 17011 : IN THE COURT OF COMMON PLEAS OF : CUMI~ERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :: NO. 02- ~1~ CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: NOVEMBER 22, 2002 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013 717 - 249 - 3166 soui. n~ Plaintiff 35 East High Street, Suites 201/202 Carlisle, PA 17013-3052 (717) 243-6090 SHERIFF'S RETURN - REGULAR CASE NO: 2002-04956 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KUNKLE LEE ANN VS KLINE JEREMY M CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KLINE JEREMY M the DEFENDANT at 1140 OYSTER MILL ROAD , at 1053:00 HOURS, on the 29th day of October , 2002 CAMP HILL, PA 17011 by handing to JEREMY M KLINE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments PERRY COUNTY WAS ORIGINAI,I,Y DEPUTIZED FOR SERVICE IN THIS CASE. A NOT FOUND RETURN WAS RECEIVED FROM THEM. Sheriff's Costs: Docketing Service Out of County Surcharge Dep Perry Co 18.00 10.35 9.00 10.00 23.30 70.65 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 10/30/2002 HAROLD S. IRWIN III By: "'~'~ ~ > Dep/ty~ Sheri~