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Home My WebLink About09-2625 BRITTANIE AMBER GEORGE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. CIVIL DOUGLAS LEE RHOADS 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 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, 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, PA 17013 Telephone: 717-249-3166 BRITTANIE AMBER GEORGE Plaintiff' VS. DOUGLAS LEE RHOADS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. CIVIL COMPLAINT 1. Plaintiff Brittanie Amber George is a sui juris individual with an address of 246 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Douglas Lee Rhoads is a suit juris individual with an address 940 Parks Road, Lewisberry, York County, Pennsylvania 17339. 3. Defendant executed a note in the amount of Ten Thousand Eight Hundred and no/100 ($10,800.00) Dollars payable to Plaintiff on August 21, 2008. A copy of the note is attached hereto, incorporated by reference and marked Exhibit "A". 4. Under the terms of the note, Defendant was to pay monthly installments of Two Hundred Fifty and no/00 ($250.00) Dollars, beginning September 15, 2008. 5. Defendant has failed to make any of the required monthly payments, despite repeated demands of the Plaintiff. 6. The note authorizes late fees in the amount of $100.00. 7. The amount due and owing on the obligation is as follows: Amount due under terms of note $ 10,800.00 Attorney's collection fee 540.00 Late fees (September through April) 800.00 TOTAL DUE $ 12,140.00 NOW THEREFORE, Plaintiffs pray the Court award Plaintiff judgment in the amount of $12,140.00 plus interest and costs in the above-mentioned matter. Respectfully submitted, DUNCAN & HARTM N, P.C. Susan J. an, Esquire 1 Irvine R Carlisle, PA 17013 Attorney ID# 65184 717.249.7780 717.249.7800 FAX VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. .11 Atflly? , AJOIC Brittanie Am er G rge Dated: kl- da - pl Borrower: Douglas Lee Rhoads Date of birth: 04/07/89 940 Parks Rd Lewisberry, PA 17339 ("Borrower") Lender: Brittanie Amber George 247 Allen rd Carlisle, PA 17013 ("Lender") 1. Promise to Pay Lender agrees to disburse $10,800.00 to Borrower on August 19,2008. Borrower agrees to pay Lender the total amount of $10,800.00 USD, together with interest payable on the unpaid principal at the rate of 0.0% per annum. Payment will be delivered to Lender at: 247 allen rd Carlisle, PA 17013 11. Repayment The amount owed under this Promissory Note will be repaid in equal installments of $250.00 made monthly. The first payment will be due on September 15, 2008 and monthly thereafter. III. Late Payment Fees If Borrower defaults in payment by more than 5 days of the time set forth herein, then Borrower shall pay an additional late fee in the amount of $100.00 IV. Collateral This Promissory Note is secured by the following collateral: 2008 Honda CBR600RR8 Vin M JH2PC40038M105561 The Orange Honda CBR 600 will get Title switched into Brittanie Amber George's Name if Douglas Lee Rhoads fails to make a month on payment to Brittanie Amber George. V. Additional Costs In case of default in the payment of any principal or interest of this Promissory Note, Borrower will pay to Lender such further amount as will be sufficient to cover the cost and expenses of collection, including, without limitation, reasonable attorney's fees, expenses, and disbursements. These costs will be added to the outstanding principal and will become immediately due. VI. Transfer of the Promissory Note The Borrower hereby waives any notice of the transfer of this Note by the Lender or by any subsequent holder of this Note, agree to remain bound by the terms of this Note subsequent to any transfer, and agree that the terms of this Note may be fully enforced by any subsequent holder of this Note. VII. Amendment; Modification; Waiver No amendment, modification or waiver of any provision of this Promissory Note or consent to departure there from shall be effective unless by written agreement signed by both Borrower andnLender. VIII. Successors The terms and conditions of this Promissory Note shall inure to the benefit of and be binding jointly and severally upon the successors, assigns, heirs, survivors and personal representatives of Borrower and shall inure to the benefit of any holder, its legal representatives, successors and assigns. IX. Breach of Promissory Note No breach of any provision of this Promissory Note shall be deemed waived unless it is waived in writing. No course of dealing and no delay on the part of Lender in exercising any right will operate as a waiver thereof or otherwise prejudice rights, powers, or remedies. No right, power, or remedy conferred by this Promissory Note upon Lender will be exclusive of any other rights, power, or remedy -referred to in this Note, or now or hereafter available at law, in equity, by statute, or otherwise. X. Governing Law The validity, construction and performance of this Promissory Note will be governed by the laws of PA, excluding that body of law pertaining to conflicts of law. Borrower hereby waives presentment, notice of non-payment, notice of dishonor, protest, demand and diligence. The parties hereby indicate by their signatures below that they have read and agree with the terms and conditions of this agreement in its entirety. Douglas Lee Rhoads Signature: e4C Date: Brittanie Amber George Signature: ' kzt&', Date: (? ?L ,T T? 2009 APR 27 PM 2.2u t % BRITANIE AMBER GEORGE Plaintiff VS. DOUGLAS LEE RHOADS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. p -T f 5 - CIVIL ANSWER TO COMPLAINT 1.) Denied; the plaintiff is not living at the noted address. She is estranged from the residents at that address. 2.) AGREED 3.) DENIED: Signature is fraud therefore, no note is assumed or valid. a.) Criminal complaint is intended at this time. 4.) DENIED: No knowledge of agreement. There was no agreement with Ms. George 5.) DENIED: There has been no contact with Ms. George regarding this issue. 6.) DENIED: I categorically deny any such note and according to the FTC $100,00 would be excessive. 7.) DENIED: I dispute everything especially the attorney collection fees, which, to my knowledge, is a states attorney. 8.) Based on lack of evidentiary facts, I move to dismiss this complaint and fraudulent and frivolous. Respectfully submitted, Douglas Lee Rhoads Et al pro se 9 U arks Road Lewisberry, Pa. 17339 717-773-8806 T Affadavit of Sling I, the undersigned, having read the complaint and filed the answer with the Court of Common Pleas on May 18, 2009; I attest that the document filed is true and original to all facts. Respectfully submitted, Douglas Lee Rhoads Et a1 pro se 940 Parks Road Lewisberry, Pa. 17339 717-773-8806 r 3 OF THE PR II-IONMARY 2009 MAY 18 Fil 3" 52 Sheriffs Office of Cumberland County R Thomas Kline tr of c'nlubpry? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF)(-'E OF TAE ERr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/28/2009 R. Th mas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Douglas Lee Rhoads, but was unable to locate him in his bailiwi k. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 05/07/2009 03:22 M - York County Return: And now May 7, 2009 at 1522 hours I, Richard P. Keuerleber, Sheriff of York C unty, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon t e within named defendant, to wit: Douglas Lee Rhoads by making known unto Derek J. Rhoads, brothe of defendant at 940 Parks Road Lewisberry, Pennsylvania 17339 its contents and at the same time h nding to him personally the said true and correct copy of the same. SHERIFF COST: $31.00 May 19, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF (7 ? c"` t?J ?^t a"_7 2009-26 5 Brittanie mber George S Douglas ee Rhoads