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Home My WebLink About09-5059MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 NORMA KINARD, Plaintiff vs. THOMAS BARNES, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 50-59 (,jVi 1 -rern, 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 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 NORMA KINARD, Plaintiff vs. THOMAS BARNES, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA > NO. 2009 7,,,,,,., CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, NORMA KINARD, by and through her counsel, Michael L. Bangs, Esquire and in support thereof files the following Complaint: 1. Plaintiff, NORMA KINARD, is an adult individual who resides at 38 Longwood Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 (hereinafter "Kinard"). 2. Defendant, THOMAS BARNES, is an adult individual who resides at 6290 Bedford Street, Harrisburg, Dauphin County, Pennsylvania, 17111 (hereinafter "Barnes"). 3. On or about November 14, 2007, Barnes borrowed the sum of Twenty-one Thousand Six Hundred and 00/100 ($21,600.00) Dollars from Kinard and agreed to repay Kinard in accordance with the terms and conditions of a Promissory Note signed on that date at the rate of $1,200.00 per month. Attached hereto and marked as Exhibit A is a true and correct copy of that note (hereinafter "Note"). 4. Barnes made one payment to Kinard and has failed or refused to continue to make any further payments. 5. Under the terms of the agreement and as indicated in the Note, Barnes is responsible to pay late charges in the amount of ten (10%) percent for any payments due and owing after five days and is responsible for all attorney's fees and costs incurred by Kinard for collection. 6. As of July 1, 2009, Barnes has incurred eighteen late payments in the amount of $120.00 each for a total of $2,160.00. 7. Barnes has breached the agreement with Kinard by his failure to pay in accordance with the terms of the Note despite repeated demands by Kinard. 8. Kinard has been damaged as a result of the breach of the agreement with Barnes in the amount of $22,560.00 which represents the total amount due and owing as of July 1, 2009 including late fees. 9. Barnes will continue to accrue late fees for every month that the payments are not made. 10. Kinard has hired Michael L. Bangs, Esquire, to pursue collection of the outstanding balance due at the rate of $200.00 per hour. 11. Barnes, under the Note, is responsible for all attorney's fees incurred by Kinard and for costs of collection. WHEREFORE, Kinard demands judgment against Barnes in the amount of $22,560.00, plus interest at the rate of ten (10%) percent per month, plus attorney's fees and costs. Respectfully submitted, Ar MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 2 VERIFICATION I hereby verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ivDTcMA KIN RD EXHIBIT A A293-lo PROMISSORY NOTE 8293-o4 $ 01 I I (n00, co Dated: I L4 107 Principal Amount State of PL-_AN-NL 0 Ati 1 K, FOR VALUE RECEIVED, the undersigned hereby jointly and severally promise to pay to the order of PC-\f. 001QMp zr. k1NJ1R? ,the sum of thereon at the rate of % per annum on the unpaid balance. Said sum shall 'be paid inn thegm nner following: Ia00,d0 PEP MOt.l?l -rte B PAtD -r11? FlRS? 41= ?1? MON 3-f'A COR 18 I'MI -1-145 1 ??U I n1 N 1 N? M Awco ( I O oo 8 All payments shall be fast applied to interest and the balance to principal. This note may be prepaid, at any time, in whole or in part, without penalty. All prepayments shall be applied in reverse order of maturity. This note shall at the opin 3 tion of any holder0hereof be immediately due and payable upon the failure to make any payment due hereunder with days of its due date. In the event this note shall be in default, and placed with an attorney for collection, then the undersigned agree to pay all reasonable attorney fees and costs of collection. Payments not made within five (5) days of due date shall be subject to a late charge of 10 oo % of said payment. All payments hereunder shall be made to such address as may from time to time be designated by any holder hereof. The undersigned and all other parties to this note, whether as endorsers, guarantors or sureties, agree to remain fully bound hereunder until this note shall be fully paid and waive demand, presentment and protest and all notices thereto and further agree to remain bound, notwithstanding any extension, renewal, modification, waiver, or other indulgence by any holder or upon the discharge or release of any obligor hereunder or to this note, or upon the exchange, substitution, or release of any collateral granted as security for this note. No modification or indulgence by any holder hereof shall be binding unless in writing; and any indulgence on any one occasion shall not be an indul- gence for any other or future occasion. Any modification or change of terms, hereunder granted by any holder here- of, shall he valid and binding upon each of the undersigned, notwithstanding the acknowledgment of any of the undersigned, and each of the undersigned does hereby irrevocably grant to each of the others a power of attorney to enter into any such modification on their behalf. The rights of any holder hereof shall be cumulative and not neces- sarily successive. This note shall take effect as a sealed instrument and shall be construed, governed and enforced in accordance with the laws of the State first appearing at the head of this note. The undersigned hereby execute this note as principals and not as sureties. n m the prey c f: Witness Q^ / Borrower Witness Borrower GUARANTY We the undersigned jointly and severally guaranty the prompt and punctual payment of all moneys due under the aforesaid note and agree to remain bound until fully paid. In he presence o Witness Guazanor Witness Guarantor COMM OF PA COUNTY OF CUMB 88 SWORN cc??Ir0 11Yi_FotFi o P 0 53926 20293 BEFORE ME I - ' =•_%ai.°,? 5 ON L F di C cW ri1€tL 'i{.. R m . 4/99 , Q ??I Mary Ann C. Gar 5l 1Silver Spring TrtP•, Cin cmbeO&V. Coun? My Commission Expires Dec I3 2468 i Q OF I[: 2009 JUL 24 FIT,' t: 19 f ?1?4f''v?? ?? •.1 v! l $,79. 5o P 0 ATtY M* 1853 2T*aasyo? Sheriff s Office of Cumberland County "` ~ "" R Thomas Kline F~~~ ~~ ~ ~';~'~Y Sheri ' ~~~s~t~ ad ~u+~brz! , - . ~ r, , Ronny R Anderson ~ ~~(~~ r Er J -?~ ,-;; ~ ~ F Chief Deputy C '~4 ,,rc.,~ fix) ",, r~ Jody S Smith • ~~ ~ '• ._ ~ . . Civil Process Sergeant crr~~cE cF -tee s~:RrFF Edward L Schorpp Solicitor Norma Kinard I Case Number vs. 2009-5059 Thomas Barnes SHERIFF'S RETURN OF SERVICE 07/24/2009 R. Thomas 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: Thomas Barnes, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/30/2009 Dauphin County Return: And now, July 30, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Thomas Barnes the defendant named in the within Complaint and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. SHERIFF COST: $42.44 August 04, 2009 SO ANSWERS, ~.~ R THOMAS KLINE, SHERIFF Mary Jane Snyder Real Estate Depu :.•,•:. L: William T. Tully t Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2339 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin NORMA KINARD THOMAS BARNES Sheriff s Return No. 2009-T-2126 OTHER COUNTY NO. 20095059 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS 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 THOMAS BARNES tie DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, JULY 30, 2009. AS PER NEIGHBOR DEFT MOVED OUT END OF MARCH Sworn and subscribed to before me this 31ST day of July, 2009 So Answers, NOTARIAL SEAL RY JANE SNYDER, Notary 1'~;blic Highspire, Dauphin County M Commissipn Ex fires Set 1, 2010 Sheriff of Dauphin County, P~a~, Deput I f Deputy: S SCHAEFFER Sheriff~s-Costs: $47.25 7/29/2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Norma Kinard Thomas Barnes 6290 Bedford Street Harrisburg, PA 17111 vs. Civil No. 2009-5059 Now, July 24, 2009, 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, , 20 , at o'clock M, served the within upon at by handing to a and made known to So answers, the contents thereof. snentt of Sworn and subscribed before me this day of ,20 copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~,ttth, at ~4~ur~4r~.f~~~ ~;> - ~'a~; ~1LED-0~-~~C~ '~~ THc Rf?Cil-!CNC}I'Af~Y 2010 MAR -3 AI't I I ~ 23 Edward L Schorpp Solicitor ~~~ ~_E ~ ~ -~.G _,~~ai~r r E(~PvS~`L`J ~tiI.A Norma Kinard vs. Thomas Barnes Case Number 2009-5059 SHERIFF'S RETURN OF SERVICE 02/05/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas Barnes, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 02/23/2010 Dauphin County Return: And now February 23, 2010 at 1355 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas Barnes by making known unto himself personally, at The Dauphin County Sheriffs Office, 101 Market Street, Harrisburg, PA 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 February 25, 2010 SO ANSWERS, R ANDERSON, SHERIFF r,) Coun?ySulte S^erff. Te!eosoR. Ins. Mary Jane Sn~der Real Estate Depu 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 NORMA KINARD THOMAS BARNES Sheriff s Return No. 2010-T-0304 OTHER COUNTY NO. 20095059 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS And now: FEBRUARY 23, 2010 at 1:55:00 PM served the within COMPLAINT upon THOMAS BARNES by personally handing to THOMAS BARNES 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE 101 MARKET STREET HARRISBURG PA 17101 Sworn and subscribed to before me this 23RD day of February, 2010 ~~ NOTARIAL SEAL ARY JANE SN YI1ER, Notary Public Highspire, Dauphin County M Comnvssion Ex fires Sc t I, 2010 So Answers, ~~°/~~~ Sheriff f D phin C unty, i By , Depu heriff Deputy: KIMBERLY BA O Sheriffs Costs: $49.25 2/11/2010 In The Court of Common Pleas of Cumberland County, Pennsylvania Norma Kinard vs. Thomas Barnes 1821 Lindsey Lane Dauphin, PA 17018 Civil No. 2009-5059 Now, February 5, 2010, 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 tk~e Plaintiff. { / Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a and made known. to So answers, the contents thereof. Sworn and subscribed before me this day of ,20_ Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA copy of the original .~ . MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18t" Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF NORMA KINARD, Plaintiff vs. THOMAS BARNES, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r~ ^' PRAECIPE c. NO.2009-5059 CIVIL TERM; `' `~` CIVIL ACTION -ter .~- <.• ~; -~' `. Please enter judgment in favor of the Plaintiff and against Defendant in the amount of $22,560.00 plus interest at the rate often (10%) percent per month plus attorney's fees 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 by regular mail on or about March 17, 2010, to Defendant Thomas Barnes at 1821 Lindsey Lane, Dauphin, Pennsylvania, 17018. Respectfully submitted, Date:_ ~ 1~" _L~' MICHAEL L. BANGS Attorney for Plaintiff ~ I ~.OO PIS A`~l Ck~ 188u -bt.~.~Q -.. . MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18r~~ STREET CAMP HILL, PA 17011 (7171730-7310 NORMA KINARD, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO.2009-5059 CIVIL TERM THOMAS BARNES, ) Defendant ) CIVIL ACTION TO: THOMAS BARNES 1821 Lindsey Lane Dauphin, PA 17018 DATE OF NOTICE: March 17, 2010 IMPORTANT NOTICE Required by Rule 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 OB.IECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A LIEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER A"r' ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TLLEPHONE TF1E FOLLOWING OFFICE TO FIND OtJT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 CHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18`h Street Camp Hill, PA 17011 (717) 730-7310 NORMA KINARD, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2009-5059 CIVIL TERM THOMAS BARNES, ) Defendant ) CIVIL ACTION NOTICE PURSUANT TO RULE 236 TO: THOMAS BARNES, Defendant(s) You are hereby notified that on ~pr~ ~ ~ ~{ , 2014 ,the following (Judgment) (Order) (Decree) has been entered against you in the above-captioned case: $22,560.00 plus interest at the rate often (10%) pe cent per month plus attorney's fees and costs of suit. DATE: ~ Prot nota I hereby certify that the name and address of the proper person(s) to receive this notice is: Thomas Barnes 1821 Lindsey Lane Dauphin, PA 17018 A: THOMAS BARNES, Defendido/a o Defendidos/as Por este medio se le esta notificando que el de de120 , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe: $22,560.00 plus interest at the rate often (10%) percent per month plus attorney's fees and costs of suit. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Thomas Barnes 1821 Lindsey Lane Dauphin, PA 17018 MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF NORMA KINARD, ) Plaintiff ) vs. ) THOMAS BARNES, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5059 CIVIL TERM CIVIL ACTION ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and Defendants are as follows: Plaintiff: Norma Kinard 3 8 Longview Drive Mechanicsburg, PA 17050 Defendant: Thomas Barnes 1821 Lindsey Lane Dauphin, PA 17018 1~ ~ MICHAEL L. BANGS Attorney for Plaintiff