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HomeMy WebLinkAbout04-5538SUSAN A. HERBERT, PLAINTIFF ) VS. ) JASON HAMILTON and CHRISTINE ) HAMILTON, ) DEFENDANTS ) NOTICE TO DEFENDANTS NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O?/- SS3d? ?tv? Lc-7??-j 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 SUSAN A. HERBERT, PLAINTIFF VS. JASON HAMILTON and CHRISTINE HAMILTON, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 014- COMPLAINT AND NOW, comes the above-named Plaintiff, by her attorney, and makes the following Complaint against the Defendants in this matter: 1. The Plaintiff is Susan A. Herbert, an adult individual who resides at 605 Showers Street in Harrisburg, Dauphin County, Pennsylvania. 2. The Defendants are Jason Hamilton and Christine Hamilton, his wife, adult individuals who reside, to the best of Plaintiff's knowledge, at 4360 Candlewyck Road in Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania. 3. The Defendants purchased real estate from Plaintiff and, as part of the purchase price, gave Plaintiff their Note promising to pay Plaintiff the sum of $24,800.00, plus interest at the rate of 12% per annum, with interest only payments of $248.00 per month for one year, commencing in June of 2004, and with the full principal and interest not yet paid due on or before 1 June 2005. A copy of that document, duly signed by both Defendants is attached hereto and marked as Exhibit A. 4. Defendants have, to date, failed to make the payments which they promised to make in the Note which they gave to Plaintiff. 5. Under the terms of the Note which Defendants gave Plaintiff, Plaintiff has the right to accelerate the payments due upon the default of Defendants and to demand, and receive, the full amount of principal and interest in the event of such default. 6. Plaintiff has demanded payment from Defendants but has not, as yet, been paid what she is owed under the Note. WHEREFORE, Plaintiff demands judgment against the Defendants in the amount of $24,800.00, plus interest at the rate of 12% per annum after 29 April 2004, plus costs of suit. Amu L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 N. 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: iUSAN DH BERT EXHIBIT A CA 74P- C try- V t?? ??? • #p o?q2 MORTGAGE BOND KNOW ALL M N BY THE PRESENTS, that J? tJ Are C A r%S f-,%Ae (Obligor) does hereby acknowledge drat Obligor is indebted to Su Sot J ©. #<R,b T-, laving an office at ? o.?' StNow s s?+, 1 grnz PA 1-7 toy copy of P.9"Pk e.1 ,stateof Pensy(%AMA Aa (Obligee),%iia the principal sum of ?G?•2NT y F0-0- "?7tDA.S'Q N D ?7`- dvtlars ($ xLf/ which sum with interest on the unpaid ballbees to be computed from the date hereof at the rate of T?VC perced( j A. %) per annum, Obligor does covenant to pay to Oblige, at the office of Obligee in GA+K pit eA 6vAly f _tytLq t;;W such odier place as Obligee may designate in writing, T`'10 1 D`,"?"D F d6llirs ($ 2 ?' 8 } on the .fast day cwnrY E??l?•f- ??. FJ.,.,,,o?so of ?u n•er , 200 ), and the in Eel„y?payn?eats of FvAa.?%r CP j ollars ($ Z $ on the first day of each subsequent month, until the principal and are fully paid, except that the final Payment of the entire indebtedness evidenced hereby, shalt be due and payable on the fnrst of ?7'4Ne , 2-U??t??ar>• . The whole 3 r any part of the principal sum and of any other sums of money secured by the mortgage given to secure this Bond shall, at the option of Obligee, become due and payable if default be made in any payment under this Bond or upon the happening of any default that, by the trans of the mortgage given to secure this Bond, shall entitle the mortgagee to declare the Find* sum, oar Say part thereof, to be due and payable; and all the covenants, agreements, terms, and a3 otWc-u< of the nw tgage am incorporated in this Bond with the saute force and effect as if set forth at length. If more than one parson joins in the execution of this Bond„ the relative words herein shall be read as if written in the p1maj, and the words "Obligor" and "Obligee" shalt include tbeeinr heirs, executors, vbninivmtoM successors and assigns. Signed this 2-01 f, -day of ? "tom- , ?•oD 'T cn?)• ? j1 blig? hj !9` Q ?•l'`t S T ( L I S T 010 SGk??7 AI A CAVU vn P+4- l ? a 2.f7 40a- v -... (rte V*t D ("? c=am Y f y?C fM'* ? J CASE NO: 2004-05538 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERBERT SUSAN A VS HAMILTON JASON ET AL SHANNON SUNDAY Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAMILTON JASON DEFENDANT the , at 1330:00 HOURS, on the 19th day of November , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE. PA 17013 JASON HAMILTON Sheriff or Deputy Sheriff of by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this y day of ?Ut?S A. D. P othonotary So Answers: R. Thomas Kline 11/19/2004 SAMUEL ANDES By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-05538 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HERBERT SUSAN A VS HAMILTON JASON ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the HAMILTON CHRISTINE was served upon DEFENDANT , at 1330:00 HOURS, on the 19th day of November , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CHRISTINE HAMILTON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. othonotary ' So Answers: R. Thomas Kline 11/19/2004 SAMUEL ANDES Deputy Sheriff Curtis R. Long Prothonotary office of the Protbonotarp Cumbprlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n4/- 95.34P CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573