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Home My WebLink About07-3113MILLER & ASSOCIATES, PC William E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 I. D. #07220 BESSIE JOHNSON, V. ROBERT H. TODD, ATTORNEY FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant : CIVIL ACTION-LAW : IN ARBITRATION NO. 2007 - ?!!3 NOTICE CIVIL -TFQril 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 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 judgement 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 BESSIE JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW : IN ARBITRATION ROBERT H. TODD, Defendant NO. 2007 - .5 J/3 CIVIL--Map i COMPLAINT AND NOW, comes the Plaintiff, BESSIE JOHNSON, by and through her counsel, MILLER & ASSOCIATES, PC, and in support thereof files the following Complaint: 1. Plaintiff, BESSIE JOHNSON, is a adult individual who resides at 5205 Windsor Boulevard, Mechanicsburg, Lower Allen Township, Cumberland County, Pennsylvania. (hereinafter referred to as the "Plaintiff'). 2. Defendant, ROBERT H. TODD, is an adult individual who resides 2279 Highland Circle, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania (hereinafter referred to as "Mr. Todd") 3. On 21 November 2002, Mr. Todd executed and delivered to Plaintiff a Promissory Note. 4. The Promissory Note was a written agreement. Attached hereto and marked as Exhibit A is a true and correct copy of the Promissory Note. 5. Mr. Todd's Promissory Note was in the amount of Twenty Thousand Dollars ($20,000), with no interest (0% Annual Percentage Rate). 6. Mr. Todd promised to make annual payments to Plaintiff in the amount of One Thousand Six Hundred Sixty-Six Dollars and Seventy-Seven Cents ($1,667.67), beginning on 21 November 2003 and continuing on each 21 November until and including 21 November 2014. 7. Mr. Todd has not made any of the payments due under the Promissory Note. 8. The Promissory Note provides that, in the event any payment obligation under the Promissory Note is not paid when due, then the remaining unpaid balance shall become due immediately, at the option of the Plaintiff. 9. The Promissory Note provides that, in the event any payment obligation under the Promissory Note is not paid when due, then Mr. Todd will be responsible for all costs of collection, including reasonable attorney's fees, regardless of whether a lawsuit is commenced as part of the collection process. 10. Plaintiff has engaged the law firm of Miller & Associates, PC, to institute collection action and to demand payment under the Promissory Note. COUNTI BESSIE JOHNSON vs. ROBERT H. TODD BREACH OF CONTRACT 11. The averments of Paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth herein. 12. Mr. Todd has failed to make the payments due on 21 November 2003, 21 November 2004, 21 November 2005 and 21 November 2006. 13. Mr. Todd has breached the agreement with Plaintiff by his failure to pay the amounts due under the Promissory Note. 14. Mr. Todd has caused Plaintiff to undertake collection action and to file suit under the Promissory Note. WHEREFORE, Plaintiff, BESSIE JOHNSON, demands judgment against Defendant, ROBERT H. TODD, in the sum of Twenty Thousand Dollars ($20,000), plus reasonable attorneys' fees and costs of suit. / MILLER & ASSOCIATES, PC Dated: S 8 William E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215-Fax ID No. 07220 3 VERIFICATION BESSIE JOHNSON, being duly sworn according to law, deposes and says that she is the Plaintiff herein, and that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: do 7 a S;? BES JOHNSON 7 r'. BESSIE JOHNSON, V. ROBERT H. TODD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-3113 CIVIL Defendant PRAECIPE TO ATTACH EXHIBIT A TO THE PROTHONOTARY: Please attach the enclosed Exhibit A to the Complaint filed to the above-referenced number. Dated: William E. Miller, Jr., Esquif MILLER & ASrCIATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 ID No. 07220 46 % EXSIBIT A PitOMISSORYNOTE $20,000.00 Date: November 21, 2002 For value received, the undersigned Robert H Todd (the "Borrower"), at 2279 Highland Circle, Harrisburg, Pennsylvania 17110, promises to pay to the order of Bessie Johnson, (the "Lender"), at 5205 VV"indsor Blvd, Mechanicsburg, Pennsylvania 17055, (or at such other place as the Lender may designate in writing) the spun of $20,000.00 with no interest. The unpaid principal shall be payable in annual installments of $1,666.67, beginning on November 21, 2003, and continuing until November 2I,_ 2014, (the "Due Date"), at which time the remaining unpaid principal and interest shall be due in full. All payments on this Note shall be applied first in payment of accrued interest and any remainder in payment of principal. If any payment obligation under this Note is not-paid when due, the remaining unpaid principal balance and any accrued interest shall become due immediately at the option of the Lender. The Borrower reserves the right to prepay this Note (in whole or in part) prior to the Due Date with no prepayment penalty. If any payment obligation under this Note is not paid when due, the Borrower promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process.., If any of the following events of default occur, this Note and any other obligations of the Borrower to the Lender, shall become due immediately, without demand or notice: 1) the failure of the Borrower to pay the principal and any accrued interest in full on or before the Due Date; 2) the death of the Borrower or Lender; 3) the filing of bankruptcy proceedings involving the Borrower as a debtor; 4) the application for the appointment of a receiver for the Borrower; 5) the making of a general assignment for the benefit of the Borrower's creditors; i 5) the insolvency of the Borrower, 7) a misrepresentation by the Borrower to the Lender for the purpose of obtaining or extending credit. If any one or more of the provisions of this Note are determined to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operative. All payments of principal and interest on this Note shall be paid in the legal currency of the United States. The Borrower waives presentment for payment, protest, and notice of protest and nonpayment of this Note. No renewal or extension of this Note, delay in enforcing any right of the Lender under this Note, or assignment by Lender of this Note shall affect the liability or the obligations of the Borrower. All rights of the Lender under this Note are cumulative and may be exercised concurrently or consecutively at the Lender's option This Note shall be construed _m^accordance_ the--laws ofthe=State-of P-ennsyh%n Si this „? st gn __,L?day of „2cy 2-, at , f Borrower: Robert BY., -2- -:a `t7 _ __.s _? i Z ?:: N ?.::? t` ! ?' - ? , t, ?y ?? -?, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03113 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON BESSIE VS TODD ROBERT H 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: TODD ROBERT H but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 13th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 37.25 Sheriff of Cumberland County Postage 1.33 75.58 ? 9-- FJe?le7 07/13/2007 MILLER & ASSOCIATES Sworn and subscribe to before me this day of A. D. 'In The Court of Common Pleas of Cumberland County, Pennsylvania Bessie Johnson vs. Robert H. Todd No. 07-3113 civil Now, May ;23 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA S off-, LE of 14E p$4Pxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin JOHNSON BESSIE • TODD ROBERT H Sheriff's Return vs No. 0774-T - - -2007 OTHER COUNTY NO. 07 3113 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for TODD ROBERT H the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, June 22, 2007 LEFT NOTES, DEF CALLED FROM 717-571-0344, SAID HE WOULD PICK UP ON 6/19/2007, NEVER SHOWED TO PICK UP PAPERS. Sworn and subscribed to before me this 5TH day of JULY, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2010 So Answers, ? ?* e,;? Sheriff of Dauphin County, Pa. By De uty Sheriff Sheriff's Costs:$37.25 PAID BY COUNTY FRANCIS BESSIE JOHNSON, Plaintiff V. ROBERT H. TODD, TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-3113 CIVIL PRAECIPE Please reinstate the Complaint in the above-captioned action. Dated: 6 a ?? William E. Miller, Jr., Esq } MILLER & ASSOCIATES, PC 1822 Market Street Camp Hili, PA '170 All (717) 737-9211 (717) 737-9215 ID No. 07220 Defendant r rt" ; } ? . ?y ?r?/ ? tL _ . eh Ct'y • /AJ ..??5 ??f7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-03113 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON BESSIE VS TODD ROBERT H 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 TODD ROBERT H but was unable to locate Him deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 19th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 37.25 Postage .75 /UID1 75.00 09/19/2007 MILLER & ASSOCIATES So answe -? R`. Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of , A.D. BESSIE JOHNSON, Plaintiff V. ROBERT H. TODD, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-3113 CIVIL PRAECIPE Please reinstate the Complaint in the above-captioned action. Dated: r ?l o r William E. Miller, Jr., Es ire MILLER & ASS IATES, PC 1822 Market Street Camp Hill, PA 17011 (717) 737-9211 (717) 737-9215 ID No. 07220 1 o? o -? fiµ I,,. ti LJ O? MILLER & ASSOCIATES, PC William E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 I. D. #07220 ATTORNEY FOR PLAINTIFF BESSIE JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW _: -- IN AMBIT-RAT_ION--- ROBERT H. TODD, Defendant NO. 2007 - 3113 CIVIL IMPORTANT NOTICE Required by PA RCP 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MILLER & ASSOCIATES, PC Dated: oz>®g By: ?' William E. Miller, Jr., Es e 0 -r CA) GJ -,< O, . 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 I. D. #07220 MILLER & ASSOCIATES, PC William E. Miller, Jr., Esquire ATTORNEY FOR PLAINTIFF BESSIE JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT H. TODD, Defendant : CIVIL ACTION-LAW : IN ARBITRATION : NO. 2007 - 3113 CIVIL PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendant, ROBERT H. TODD, in the amount of $20,000, plus interest and costs of suit, for his failure to file a responsive pleading in the above-referenced matter. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed on 4 March 2008, by Certified Mail Return-Receipt Requested and by First Class Mail to Defendant at his residence address of 2279 Highland Circle, Harrisburg, PA 17110. Said Certified Mail Notice was returned to sender by the Post Office after a 20 day period due to failure by the Defendant to pick-up said Notice at the Post Office, but the Notice sent via First Class Mail was not returned, presumably because it was received. Respectfully submitted, MILLER & ASSOCIATES, PC r Dated: 1-- By: William E. Miller, Jr., Est e Attorneys for Plainti f " MILLER & ASSOCIATES, PC William E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 I. D. #07220 ATTORNEY FOR PLAINTIFF BESSIE JOHNSON, Plaintiff V. ROBERT H. TODD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : IN ARBITRATION NO. 2007 - 3113 CIVIL ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and the Defendant are as follows: Plaintiff: 5205 Windsor Boulevard Mechanicsburg, PA 17055 Defendant: 2279 Highland Circle Harrisburg, PA 17110 Respectfully submitted, MILLER & ASSOCIATES, PC Dated: ,ter William E. Miller, Jr_j-Esquire Attorneys for Platritiff l lw ' -rpm l H!Y MILLER & ASSOCIATES, PC ATTORNEY FOR PL IN FF William E Mil . ler, Jr.; Esquire ' 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 I. D. #07220 BESSIE JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA - --_ -'? -- _ CIVIL ACTION-LAW --ROBERT H. TODD, ?- --.-- - ARBITR-A?['I?-N---- - - ------- -------= --- ----- --=---- Defendant NO. 2007 - 3113 CIVIL IMPORTANT NOTICE Req uired by PA RCP 237.1(x)(2) ' YOU ARE IN DEFAULT BECAUSE YOU HAVE FATTED TO ENTER A WRII i'EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE -COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING. AND YOU MAY LOSE YOUR PROPERTY OR OTFMR IMPORTANT RIGHTS. YOU SHOULD 'I'AKE- THIS NOTICE TO YOUR LAWYER AT ONCE- IF YOU DO NOT HAVE A LAWYER GO TO: OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIES OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL- SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MILLER & ASSOCIATES, PC Dbted: B ?? William E. Miller, Jr Es ao W N -G MILLER & ASSOCIATES, PC William E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 (717) 737-9210 I. D. #07220 BESSIE JOHNSON, Plaintiff V. ROBERT H. TODD, Defendant ATTORNEY FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : IN ARBITRATION : NO. 2007 - 3113 NOTICE PURSUANT TO RULE 236 To: ROBERT H. TODD, Defendant CIVIL You are hereby notified that on , 2008, the following (Judgment) (Order) (Decree) has been entered against you in the above-captioned case: Judgment in favor of Plaintiff and against Defendant for $20,000, plus interest and costs of suit for failure to file a responsive pleading to Plaintiff's Complaint. Date: 41'at AS Prot onotary 94- 1 hereby certify that the name and address of the proper person to receive this notice is: Robert H. Todd 2279 Highland Circle Harrisburg, PA 17110 A: Defendido/a o Defendidos/as Por este medio se le estata notificando que el de del 2008, el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siguiente direction es la del defendido/a segue indicada en el certificado de residencia: Robert H. Todd 2279 Highland Circle Harrisburg, PA 17110 MILLER & ASSOCIATES, PC William E. Miller, Jr., Esquire 1822 Market Street Camp Hill, PA 17011 1.D. #07220 ATTORNEY FOR PLAINTIFF BESSIE JOHNSON Plaintiff vs. ROBERT H. TODD, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3113 CIVIL TERM CIVIL ACTION — LAW IN ARBITRATION PRAECIPE Please mark the judgment entered to the above -captioned matter satisfied and the matter discontinued and ended. I hereby further certify that said obligation was paid in full to the Plaintiff prior to the death of the Plaintiff. Respectfully submitted, MILLER & ASSOCIATES, PC WILLIAM E. MILLER, JR. Attorney for the Late Bessie J 1822 Market Street Camp Hill, PA 17011 I.D. No. 07220 Date: May 2, 2014 son, Plaintiff