HomeMy WebLinkAbout06-3218NEW CUMBERLAND FEDERAL IN THE COURT O?COMMON PLEAS
CREDIT UNION, CUMBERLAND C UNTY
PLAINTIFF PENNSYLVANIA
V
KENNETH L. JOHNSON,
DEFENDANT
CIVIL ACTION - LAW
NO. OL - 32
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO D FEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST T KE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTI E ARE SERVED BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR Y ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THA IF YOU FAIL TO DO
SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGME T MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTIC FOR ANY MONEY
CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM O RELIEF REQUESTED
BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER
IMPORTANT RIGHTS. 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 ERE YOU CAN GET
LEGAL HELP
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
By:
d4owell Law
619 Bridge I
New Cumbe
(717) 770-12
Supreme Col
PA 17070
ID 62063
NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY
PLAINTIFF PENNSYLVANIA i
V
CIVIL ACTION -
W
KENNETH L. JOHNSON,
DEFENDANTS NO. 0(, '
COMPLAINT
1. The Plaintiff is the New Cumberland Federal Credit Union with a nr
located at 345 Lewisberry Road, New Cumberland, York County,
Plaintiff is a federally chartered non profit credit union.
2. The Defendant Kenneth L. Johnson is an adult individual residing at
Mechanicsburg, Cumberland County, Pennsylvania 17055-6324.
3. The Defendant is not a current member of the Armed Forces.
COUNT I: 2002 PROMISSORY NOTE
4. On September 18, 2002 Defendant executed a Promissory Note
the amount of Eighteen Thousand Seven Hundred Thirty Three and
Dollars at 10.99% interest and pledged as collateral a 1998 Mercury
5. The terms of Exhibit "A" required timely payments of $407.25 each
failed to make timely payments and the Mercury Mountaineer was
April 1, 2006 and sold with a balance remaining due Plaintiff of Ten
Hundred Sixty Six and 41/100 ($10,866.41) Dollars at 10.99%
interest of $3.25 from April 28, 2006 to present.
place of business
17070.
38 West Simpson Street,
d as Exhibit "A" in
(100 ($18,733.76)
ountaineer SUV.
nth. Defendant
mtarily repossessed on
iousand Eight
with a per diem
6. Defendant has made no regular payments despite repeated requests.
7. Pursuant to the Promissory Note the Defendant agreed to pay all
attorney fee" incurred in any collection action.
WHEREFORE, Plaintiff respectfully requests entry
$10,886.41 at 10.99% interest from April 28, 2006 together with all
reasonable attorneys' fees.
Respectfully
By:
,fiowell Law
619 Bridge f
New Cumbe
(717) 770-1?
Supreme Col
costs and reasonable
in the amount of
costs and an award of
PA 17070
ID 62063
06/01/2006 16:21 FAX 7177701278 Howell Law Firm
Verification
I verify that the statements made in the foregoing document are true ai
that false statements herein are made subject to the penalties of 18 Pa.
relating to unworn falsification to authorities. I verify that I am the P
Cumberland Federal Credit Union and that I am authorized to execute
BY: a"W M !
Donald Varner, P dent
NCFCU
Date: G AI; 6
correct. I understand
S.A. Section 4904
ddent of the New
is document.
16
r
/'- ,A.,
Un ?o ww ? YI ? ? ?-? ?
NSW CUMBS:U.AND PSDSSAL CSSDIT UNION
P.O. Box 659 • New Cumberland, PA 17070-MB
(717) 774.4689 • 1.800-719-2328
LOA AND SECURITY AGREEMENTS
ND DISCLOSURE STATEMENT
L AN/DATE2002 LOAN Nl1MBER AC;9l F9NUMBER GROUP P
9 lF3/ LiF 7 0755 S
' OLICY NUMBER MATURITY DATE
037-06 9-4
60RROSi4(€R 1 BORROWER 2
NAME AND ADDRESS NAME (AND ADDRESS IF DIFFERE FROM BORROWER 1)
KENNETH L JOHNSON
38 W SIMPSON ST
MECHANICSBURG PA 17055-6324
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Paymen a Total Sale Price
The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you wil have The total cost of your purchase on credit is
credit will cost you. provided to you or on paid after you have made 8
your behalf. all payments as sche uled.
10.990 % $ 5,701.14 e S 18, 733.76 8 24, 434.90 a which which Includes your
downpaymeni of e
Your Payment Schedule Will Be: Prepayment: f you pay off early you will not have to
Number of Payments Amount of Payments When Payments Are Due pay a penalty
59 8 407.25 MONTHLY 10/18/2002 Required Dep sit: The Annual Percentage Rate does
AND 1 8 407.15 a AS FINAL PAYMENT a not take into ccount your required deposit, if any.
El A
Insurance: You m
Pro
ert
o
i
f ssumptio : Someone buying your mobile home
p
y y pr
ay
perty
nsurance
rom anyone you cannot as ume the remainder of the loan on the
want that is acceptable to the credit union. If you get the insurance from us, original to s.
you will pay$ N/A Demand: his obligation has a demand feature
Late Charge: .
II disclosures are based on an assumed
aturity of one year.
THIS CREDIT UNION DOES NOT ASSESS LATE CHARGES Filing Fees Non-Filing Insurance
9 9
Security: Collateral securing other loans with the credit union may also secure this loan. Y u are giving a security interest in your
shares and dividends and, if any, your deposits and interest in the credit union; and the prope y described below:
Collateral Property/Model Year I.D. Number Ty pe Value Key Number
MERCURY MNTNEER 1998 4M2ZU54E2WUJ25124 U' 8 13,200.00
KT 8 0.00
8 0.00
Other (Describe) 0100 0.00
Pledge of Shares $ 0.00 in Account No. $ 0.00 in Account No.
See your contract documents for any additional information about nonpayment, default, and an y required repayment in full before the
scheduled date.
S` ATIJI?
CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT
Borrower you agree to the terms of the Loan A
reement
If
ro
ert
i
d
ib
d i EFORE YOU SIGN IT. By signing as
h
"
"
g
.
p
y
p
s
escr
e
n
Lending disclosure
you also agree to the terms of the Securit
A
If t
e
Security
section of the Truth in
"
"
,
y
greement.
you si
only to the terms of the Security Agreement. n as
Owner of Property
you agree
X (SEAL) X (SEAL)
BORROWER 1 ATE BORROW
DATE
X (BEAU SEAU
00THER BORROWER !OWNER OF PROPERTY n;;M S DATE - 0 R BORROWER OWNS OF PRD v muess ,..?
O rnue •e,rue, nenuo
Credit Union New Cumberland Federal Credit Union Loan No. Acct. No.
aorrewer(s) KENNETH L JOHNSON L# 7
' 075595
IT TION QF T?iE AMO T N CE
Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Yo ur Account Prepaid Finance Charge
$ 16 733.76 8 0.00 8 18, 73 .76 8 0.00
Amounts. Paid to Others on Your Behalf: (If an amount Is marked with an asterisk 0) we wi I be retaining a portion of the amount.)
S 15,281.13 To REF 8 3,452.63 To REF
9 0.00 To 9 0.00 To
S 0.00 To S 0.00 To
8 To 8 o
S To 9 To
$ To 8 to
S To 8 o
LO(N AGREEMENIl
In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or " us," mean the Credit Union whose name
appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you," or "your" mean each
person who signs this Agreement as a borrower.
1. PROMISE TO PAY -
You promise to pay f19,733.7(,y the Credit Union plus interest on the unpaid balance until what you owe has been repaid. For fixed
rate loans the interest rate is 10. 99D% per year.
Collection Costs:
You promise to pay all costs of collecting the amount you owe under this agreement includ ng court costs and reasonable attorney
fees.
2. PAYMENTS - You promise to make payments of the before the date it is d
d
h
i
e
h
i
h
h i
i
L
di e. You will be in default if you break
i
i
i
h
h
se you me
mount an
at t
e t
m
s
own
n t
n
ng any prom
en
e Trut
Iisclosure
You me
re
a
an
amount without
enalt
an
one is in defa
lt a
n connect
on w
t
is ICan or if
t
rid
r
n
rit
t
l
i
.
p
p
y
y
p
y.
y
u
you prepay any partij of what Iyou owe, you are still regred connection with this
m
k
the r
l
r
h
du ed
a
m
nts
nl
w
di
il
r b
Wav
f
k
t y secu
e
a
y, agreemen
ma
e
n
greement. You will be in de ault mV e
b
i
l
t It
t i
bl
y sc
p
y
, u
o
a
e
egu
a
e
e
ess
e
e
e, f
e
p
an
rup
s
our bills and loan
agreed to a change in the payment schedule. Because this pay
i
l
f
l
i
l
di ,
ecome
nso
ven
jTa
s una
e to
as they become duet', or if you made
i
f
s a simple into est
oan, i
y u do not make payments any e
se or m
s
ea
n
exactly as scheduled, our fine payment maybemore or You will also be in
than the amount of the final payment that ms disclosed. believe may seriously
I statements
n your Clan application.
of ult if something happens that we
af?act your ability to reps what you
n
Iou elect credit insurance
we will either include the owe under this Agree ant or if you are in defaul under an
,
that loan a
remium in
our
a
ments or extend the term of
our loan
reement y
ou have with us
y
p
y
y
. 44
?i
Pf th
i
d
ill b
i
6
ACTION AFTER D
t
t
d
d t
k .
FAULT
Wh
i
d
f
l
erm
you w
e requ
re
.
e
s ex
en
e
o mi
e
t
,
t
f th
h
d
l
d
t
t
l
t
d i
d
d -
en you are
n
e
au
t, we
t
h
i
id
,
one
paymen
s o
e sc
e
u
e
amoun
, un
i
w a
?n ay
eman
mrt?a
ou owe has been
aid
You
romise to make all
a
ments balance under this A
r a
e pay ant of t
e ent
re unpa
ement
You waive an
rt ht
ou hav
yy
p
.
p
p
y
g
to the place we choose. If this loan refinances another loarrii to receive demand for
h
i
h
h
h
l
ill b
l
i
d
di .
y
y
e
payment, notice of inten? to demand
d
i
f d
we
ave w
t
you, t
e ot
er
oan w
e cance
antl
e
mme
ate payment a
d
f
h
fi
f
hi
I
I
d
d not
ce o
emand for immediate
i
di
t
t
re
n n
an. payment.
f we
s
e
t o
s
e
3
L?A P O?EEDS ?1? MAIL
I
h
d
f
hi
l
i
i antl
mme
ate payment, you will
h
i
.
-
t
e procee
s o
t
oan ont
nue to pay
s
nge
l
d
i
hi
l
b
i
h
d
l st at t
e rate prov
ded for in this
h
b
d
are mai
e
to you,
nterest on t
s
oan
eg
ns on t
ate greement, unti
w a
e you owe
as
een repai
. We will
The I n ce reg ile to ou. also apply against wh
Tsmu f?l(? ?teLO
h
A
t i
d b
ll
i
i t you owe any shares and/or deposits
d
hi
-
is
greemen
s secure
y a
g
ven, as secur
ty u
ti
t
d
ib
d i
th
"S
it
"
f th
T
h i
h
i er t
s Agreement. We may also
h
i
l
esgr
proper
y
e
n
e
ecur
sec
y,
on o
e
rut
n exercise any ot
er r
Lending Disclosure. Property securin other loans you have ddef ultt. ta g
ven y
aw when you are in
with us also secures this loan, un?ess the propert
y is a 7ACH PERSON RE
dwellin%. A dwelling securefs thisrloan only if it is described this Agreement will be
11
in the ' ecurit
section o the ruth in L
di
Di
l
i
h
i
PONSIBLE -Each person who signs
individually and jointly responsible for
d
d
hi
y
en
ng
sc
osure pay
ng t
e ent
re amo
fqr this loan. If Credit Union has a federal charter. Statutory means we can enforc
LTen - I you are in default on a financial obligation to us, itntdividuall r nst
y
nt owe
un
er t
s A reement. This
our rights against any one of you
II of you togetFier
federal law give us the right to apply the balance of shares !3. LATE G
I?AF - If
and dividends in all individual and iojnt accounts, you have promise to pay to tat ou are late in making a payment, you
charge shown in the Truth in Lending
with us to satisfy that obligation. After you are in tletault, Disclos re. If no late
i
hi
i
h
h
i charge is shown, you will not be
wWe may exerc
se t
s r
g
t wit
out furtfler not
ce to tyou. charged one.
( e have a federal charter if our name includes the erm 9
AY IN ENFORCI
D
G RIGHTS
W
d
l
f
i
.
ff
Federal Credit Union
") If C
dit U
i
h
t
t
h
t
f
i
ht
d -
e can
e
ay en
orc
ng
hi
A
.
re
n
on
as a s
er, any o
e
s c
ar
our r
g
s un
e
x
t I
Ohi
d Rh
d
/
/
d
V
/
h
li
ith
l
i
h
bili t
s
greement any number of times
e
cep
n
o an
o
e
s
an
:
?
e
ave a statutory
en w
out
os
ng t
e a
t
h
d di
i
h
id
d
d
d
i
d
f y to exercise our rights later. We can
on
he s
ares an
T any, t
v
en
s an
,
e
epos
ts an
en
orce this Agree
i
t
i
ll i
di
id
l
d j
i
h
i
h ant against your heirs or legal
n
erest
n a
n
v
ua
an
nt accounts you
o
ave w
us representatives.
t
i
d
i
ht!
d
h
li
h
1
CONTINUED EFF
ECTI
an
may exerc
se our r
g
un
er t
e
en to t
e agent
0.
itt
d b
t
t
l
h
(V?
h
A
i
d VENESS - If any part of this
perm
e
y s
a
e
aw.
a
ave a state c
arter it our
greement
s
eter min
d
t i
l
d
th
t
F
d
l C
U
i
"
ill
i
i
ff d by a court to be unenforceable, the
oes no
nc
u
e
e
erm
e
era
,lame
n
on.
rest w
rema
n
n e
e
re mt
d
ll b
Y
l
i
f
l
ll 11
NOTICES t.
or a
orrowers:
ou p
e
ge as secur
ty
ortis
oan a
- No tic
.
hares and di
idends and if
an all de
osits and interest in recent address
o
h s will be sent to you at the most
i
t
N
i
v
,
p
y
u
a
all joint and i dividual accoun s you have mth th credit one of ou will be noti
a i
th
f
t
T
t
t
t
I?e
d P
12
OTHER
ROV ven us in wri
a g
ing.
ot
ce to any
to all.
a
union now an
n
e
u
ure.
e s
a
u
ory
n an
or your
.
P
ISIO
fled %e will allow us to apply the funds in yo r accountlsl
?o w?tat
ou owe when
u are
f
n d
lt
Th
t
t
t -
y
o
i
e
au
.
e s
a
ory
u
lien and your pledge dyo not apply to any Individual Retirement Account or any other ac4olutnt that would lose
s
ecial tax treatment und
r t
t
t
d
] l
if
i
Y
p
er s
a
e o
a
era
aw
g
ven as COP
ecuritt
s5. DE'&ULT - You will be in default under this Agreement if
you do not make a payment of the amount required on or
Credit Union New Cumberland Federal Credit Union Loan No. Acct. No.
Bonower(s) KENNETH L JOHNSON L$ 7 075595
In this Agreement all references to "credit union," "we," "our" or the insurance requirem nts. If we add amounts for taxes, fees or
"us" mean the credit union whose name appears on this document insurance to the unpaid balance of the Loan, we may increase your
and anyone to whom the credit union assigns or transfers this payments to pay the a ount added within the term of the insurance
Agreement. All references to the "Loan" mean the loan described or term of the Loan.
in the Loan Agreement that is part of this document. All references 7. INSURANCE NOTIC - If you do not purchase the required
to "you," or "your" mean any person who signs this Agreement. property insurance, the nsurance we may purchase and charge you
1. THE SECURITY FOR THE LOAN - You give us what is known as for will cover only our nterest in the Property. The Insurance will
a security interest in the property described in the "Security" not be liability Insuranc e and will not satisfy any state financial
section of the Truth in Lending Disclosure that is part of this responsibility or no fault laws.
document ("the Property"). The security interest you give includes 8. DEFAULT - You will be in default if you break any promise you
all accessions. Accessions are things which are attached to or make or fail to perf rm any obligation you have under this
installed in the Property now or in the future. The security interest Agreement. You will al be in default under this Agreement if the
also includes any replacements for the Property which you buy Loan is in default.
within 10 days of the Loan and any extensions, renewals or 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in
refinancings of the Loan. It also includes any money you receive default, we may dema d immediate payment of the outstanding
from selling the Property or from insurance you have on the balance of the Loan wi thout giving you advance notice and take
Property. If the value of the Property declines, you promise to give possession of the Proper ty. You agree the Credit Union has the right
us more property as security if asked to do so. to take possession of t he Property without judicial process if this
2. WHAT THE SECURITY INTEREST COVERS - The Property can be done without bre ach of the peace. If we ask, you promise to
secures the Loan and any extensions, renewals or refinancings of deliver the Property at time and place we choose. We will not be
the Loan. If the Property is not a dwelling, it also secures any other responsible for any othe r property not covered by this Agreement
loans, including any credit card loan, you have now or receive in that you leave inside he Property or that is attached to the
the future from us and any other amounts you owe us for any Property. We will try t return that property to you or make it
reason now or in the future, except any loan secured by your available to you to claim
principal residence. If the Property is household goods as defined After we have possessio n of the Property, we can sell it and apply
by the Federal Trade Commission Credit Practices Rule or your the money to any amou nts you owe us. We will give you notice of
principal residence, the Property will secure only this Loan and not any public sale or the d ate after which a private sale will be held.
other loans or amounts you owe us. Our expenses for taking possession of and selling the Property will
3. OWNERSHIP OF THE PROPERTY - You promise that you own be deducted from the oney received from the sale. Those costs
the Property or, if this Loan is to buy the Property, you promise may include the cost o storing the Property, preparing it for sale
you will use the Loan proceeds for that purpose. You promise that and attorney's fees to the extent permitted under state law or
no one else has any interest in or claim against the Property that awarded under the Ban ruptcy Code. The rest of the sale money
you have not already told us about. You promise not to sell or will be applied to what y u owe under the Loan.
lease the Property or to use it as security for a loan with another If you have agreed to p y the Loan, you will also have to pay any
creditor until the Loan is repaid. You promise you will allow no amount that remains un aid after the sale money has been applied
other security interest or lien to attach to the Property either by to the unpaid balance o the Loan and to what you owe under this
your actions or by operation of law. Agreement. You agree t pay interest on that amount at the same
4. PROTECTING THE SECURITY INTEREST - If your state issues a rate as the Loan until th t amount has been paid,
title for the Property, you promise to have our security interest 10. DELAY IN ENFORCI G RIGHTS AND CHANGES IN THE LOAN -
shown on the title. We may have to file what is called a financing We can delay enforcing ny of our rights under this Agreement any
statement to protect our security interest from the claims of number of times witho t losing the ability to exercise our rights
others. If asked to do so, you promise to sign a financing later. We can enforce is Agreement against your heirs or legal
statement. You promise to do whatever else we think is necessary representatives. If we c ange the terms of the Loan, you agree that
to protect our security interest in the Property. You also promise to this Agreement will rem in in effect.
pay all costs, including but not limited to any attorney fees, we 11. CONTINUED EFFEC IVENESS - If any part of this Agreement is
incur in protecting our security interest and rights in the Property, determined by a court t be unenforceable, the rest will remain in
to the extent permitted by applicable law. effect.
5. USE OF PROPERTY - Until the Loan has been paid off, you 12. NORTH DAKOTA OTICE TO BORROWERS PURCHASING A
promise you will: (t) Use the Property carefully and keep it in good MOTOR VEHICLE - THE MOTOR VEHICLE IN THIS TRANSACTION
repair. (2) Obtain our written permission before making major MAY BE SUBJECT TO REPOSSESSION. IF IT IS NOT
changes to the Property or changing the address where the REPOSSESSED AND OLD TO SOMEONE ELSE, AND ALL
Property is kept. (3) Inform us in writing before changing your AMOUNTS DUE TO TH SECURED PARTY ARE NOT RECEIVED IN
address. (4) Allow us to inspect the Property. (5) Promptly notify THAT SALE, YOU MAY AVE TO PAY THE DIFFERENCE.
us if the Property is damaged, stolen or abused. (6) Not use the 13. NOTICE FOR ARIZO A OWNERS OF PROPERTY - It is unlawful
Property for any unlawful purpose. for you to fail to return motor vehicle that is subject to a security
6. PROPERTY INSURANCE, TAXES AND FEES - You promise to interest, within thirty da s after you have received notice of default.
pay all taxes and fees (like registration fees) due on the Property The notice will be mail d to the address you gave us. It is your
and to keep the Property insured against loss and damage. The responsibility to notify s if your address changes. The maximum
amount and coverage of the property insurance must be penalty for unlawful fail re to return a motor vehicle is one year in
acceptable to us. You may provide the property insurance through prison and/or a fine of $ 50,000.00.
a policy you already have, or through a policy you get and pay for. ?The following notice a "es ONLY when the box at /eft is marked.
You promise to make the insurance policy payable to us and to 14. NOTICE: ANY H LDER OF THIS CONSUMER CREDIT
deliver the policy or proof of coverage to us if asked to do so. CONTRACT IS SUBJ CT TO ALL CLAIMS AND DEFENSES
If you cancel your insurance and get a refund, we have a right to WHICH THE DEBT R COULD ASSERT AGAINST THE
the refund. If the Property is lost or damaged, we can use the SELLER OF GOODS R SERVICES OBTAINED PURSUANT
insurance settlement to repair the Property or apply it towards
what you owe. You authorize us to endorse any draft or check HERETO OR WITH HE PROCEEDS HEREOF. RECOVERY
which may be payable to you in order for us to collect any refund HEREUNDER BY T E DEBTOR SHALL NOT EXCEED
or benefits due under your insurance policy. AMOUNTS PAID BY HE DEBTOR HEREUNDER.
If you do not pay the taxes or fees on the Property when due or 15. OTHER PROVISIONS -
keep it insured, we may pay these obligations, but we are not
required to do so. Any money we spend for taxes, fees or
insurance will be added to the unpaid balance of the Loan and you
will pay interest on those amounts at the same rate you agreed to
pay on the Loan. We may receive payments in connection with the o
w
/
insurance from a company which provides the insurance. We may -
\
monitor our loans for the purpose of determining whether you and v
other borrowers have complied with the insurance requirements of
our loan agreements or may engage others to do so. The insurance
charge added to the Loan may include (1) the insurance company's
payments to us and (2) the cost of determining compliance with
4.0
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NEW CUMBERLAND FEDERAL
CREDIT UNION,
PLAINTIFF
V
KENNETH L. JOHNSON,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06 - 3218
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Upon motion of Plaintiff's Counsel please reinstate the complaint and certify it as a true
and correct copy for service upon the Defendant by deputized service in Dauphin County at 5041
Wynnewood Road, Harrisburg, PA 17109-5463.
By:
SJ en Howell, Esg6ird
'Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Date: August 4, 2006
Sr Am
CJ .rte,,,
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-03218 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NEW CUMBERLAND FEDERAL CREDIT
VS
JOHNSON KENNETH L
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
JOHNSON KENNETH L but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
, NOT FOUND , as to
the within named DEFENDANT JOHNSON KENNETH L
38 WEST SIMPSON STREET
MECHANICSBURG, PA 17055
PER POST OFFICE, DEFENDANT IS NOT KNOWN
AT GIVEN ADDRESS.
Sheriff's Costs: So answer--
Docketing 18.00
Service 8.80
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
Postage .39
42.19,/ STEVEN HOWELL
(/ ,7 /1104 06/13/2006
Sworn and Subscribed to before
me this day of ,
A. D.
?*
NEW CUMBERLAND FEDERAL
CREDIT UNION,
PLAINTIFF
V.
KENNETH L. JOHNSON,
DEFENDANT
TO: Kenneth L. Johnson
5041 Wynnewood Road
Harrisburg, PA 17109-5463
DATE OF NOTICE: October 5, 2006
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06 - 3218 CIVIL TERM
IMPORTANT NOTICE
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 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 PERSONA AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
ov
Respectfully submitted,
By:
Date: October 5, 2006
Steen Howell, Zsq i`re
owell Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Kenneth L. Johnson
5041 Wynnewood Road
Harrisburg, PA 17109-5463
Resnectfiflly suhmitted
By
Date: October 5, 2006
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NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY
PLAINTIFF PENNSYLVANIA
V. CIVIL ACTION - LAW
KENNETH L. JOHNSON,
DEFENDANT NO. 06 - 3218 CIVIL TERM
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a DEFAULT JUDGMENT against KENNETH L. JOHNSON only
for his failure to file an Answer to the Complaint served August 22, 2006 by the Sheriff
of Dauphin County as shown on Exhibit "A-1". A Notice of Intention to Take a Default
Judgment was filed on October 6, 2006 and served using a U.S. Postal Certificate of
Mailing by first class prepaid postage on October 5, 2006 as shown on Exhibit "A-211
.
No answer or response having been filed with the Prothonotary as of October 17, 2006
please enter a Default Judgment in the following amount as of October 17, 2006
Count I $10,886.41
Interest $ 559.00 (10.99% Per Annum Since April 28, 2006 at $3.25 Per Diem)
Fees $ 392.00 (Legal Fees Expressly Recoverable Under Contract)
$11,837.41 plus all costs
Respectfully submitted,
By:
St en Howell, Esquire
owell Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Date: October 17, 2006
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania : NEW CUMBERLAND FEDERAL CREDIT UNION
vs
County of Dauphin JOHNSON KENNETH L
Sheriff's Return
No. 1357-T - - -2006
OTHER COUNTY NO. 06-32128 CV
AND NOW:August 22, 2006
REINSTATED COMPLAINT
JOHNSON KENNETH L
at 12:14PM served the within
upon
by personally handing
to WILLIAM JOHNSON FATHER 1 true attested copy(ies)
of the original REINSTATED COMPLAINT and making known
to him/her the contents thereof at 5041 WYNNEWOOD RD
HBG, PA 17109-0000
Sworn and subscribed to
before me this 23RD day of AUGUST, 2006
'Ile A--,-I
So Answers,
Sheriff of Din County, Pa.
By 1
+.. Deputy Sheriff
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public Sheriff's Costs: $35.25 PD 08/10/2006
Highspire, Dauphin County
My Commission Expires Sept. 1, 2006 1 RCPT NO 220486
/ GMILLER
??ttE X?? ?E ??Pxi
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NEW CUMBERLAND FEDERAL
CREDIT UNION,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
KENNETH L. JOHNSON,
DEFENDANT NO. 06 - 3218 CIVIL TERM
TO: Kenneth L. Johnson
5041 Wynnewood Road
Harrisburg, PA 17109-5463 ,
L_. C71
CD OF NOTICE: October 5, 2006 -=>
IMPORTANT NOTICE
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 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 PERSONA AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
BMW
It ";z
ca
T "'t
Respectfully submitted,
By:
Howell, Z
Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
Date: October 5, 2006
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served upon the party/parties set forth below by postage
prepaid, first class United States Mail addressed as follows:
Kenneth L. Johnson
5041 Wynnewood Road
Harrisburg, PA 17109-5463
By
Date: October 5, 2006
I MAY BE USED FOR DOMESTIC AND IN ERNA ONA OMA MD'OESNOT ?
PRO VIDE FOR INSURANCE-POCtnn T R S
Receive. i f
Steven Howell cz
O N
Attorney At Law ° a
619 Bridge Street,,.
New Cumberland, PA 070
- -- ' Gj?
One piece of ordinary mail addressed t, 3 "¢-
/
L 1 Y.?? s9d7f% f / m?? ?ovci
iv n ? r a
` PS Form 3817, Mar. 1989
Respectfully submitted.
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NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY
PLAINTIFF PENNSYLVANIA
V. CIVIL ACTION - LAW
KENNETH L. JOHNSON,
DEFENDANT NO. 06 - 3218 CIVIL TERM
RULE 236 NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a money judgment in the above captioned action has
been entered against you in the amount of $11,837.41 plus all costs on OCTOBER LT-,
2006.
(X) A copy of all documents filed with the Prothonotary in support of the within
judgment is/are enclosed.
? 111JqA4,4
Pr thonotar evil ivision
BY:
If you have any questions regarding this Notice, please contact the filing party:
Steven Howell, Esquire
Howell Law Firm
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
This Notice is given in accordance with Pa. R.C.P 236. Notice should be sent to:
Kenneth L. Johnson
5041 Wynnewood Road
Harrisburg, PA 17109-5463
SHERIFF'S RETURN - OUT OF COUNTY
t s
CASE NO: 2006-03218 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NEW CUMBERLAND FEDERAL CREDIT
VS
JOHNSON KENNETH L
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:
JOHNSON KENNETH L
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE
On August 30th , 2006 , this o
attached return from DAUPHIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Dauphin Co unty 35.25
Postage 1.02
73.27
08/30/2006
STEVEN HOWELL
in his bailiwick. He therefore
County, Pennsylvania, to
ce was in receipt of the
K1i
R- Thomas
Sheriff of Cumberland County
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Now Cumberland Federal Credit Union
vs.
Kenneth L. Johnson No. 06-3218 civil
Now, August.:9, 2006 , 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.
Sheriff of
copy of the original
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania NEW CUMBERLAND FEDERAL CREDIT UNION
vs
County of Dauphin JOHNSON KENNETH L
Sheriff's Return
No. 1357-T - - -2006
OTHER COUNTY NO. 06-32128 CV
AND NOW:August 22, 2006 at 12:14PM served the within
REINSTATED COMPLAINT
JOHNSON KENNETH L
upon
by personally handing
to WILLIAM JOHNSON FATHER 1 true attested copy(ies)
of the original REINSTATED COMPLAINT and making known
to him/her the contents thereof at 5041 WYNNEWOOD RD
HBG, PA 17109-0000
Sworn and subscribed to
before me this 23RD day of AUGUST, 2006
11 A----I
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2006
(?fftce Of 14e C*h.Criff
So Answers,
Sheriff ofKD i.n County, Pa.
By
+ Deputy Sheriff
Sheriff's Costs:$35.25 PD 08/10/2006
RCPT NO 220486
GMILLER
SHERIFF'S RETURN - OUT OF COUNTY
CASE, NO: 2006-03218 P
eCOMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NEW CUMBERLAND FEDERAL CREDIT
VS
JOHNSON KENNETH L
JACK LOTWICK
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:
JOHNSON KENNETH L
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On July 26th , 2006 , 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
Dauphin 35.25 Sheriff of Cumberland County
Postage .39
72.64
07/26/2006
STEVEN HOWELL
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A. D.
OIL cunthettl
o
a.,
R. THOMAS KLINE' ?? . -i L
Sheriff
16.
EDWARD L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
T0: Hon. Jack Lotwick
Dauphin County Sheriff
Dear Sir:
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Deputy
New CLatiberland Federal Credit Union
RE:. VS
Kenneth L. Johnson
06-3218 civil`
Enclosed please find Notice and Complaint
. to be served upon Kenneth L. Johnson
5041 Wynnewood Road
HarriGhirg, PA 17109
In your County.
Kindly make service thereof and send us your return of service.
Enclosed is the advance payment which you requested.
-Enclosures:
Very truly yours,
R. Thomas Kline, Sheriff
Cumberland County, Pennsylvania
In The Court of Common ]Pleas of Cumberland County, Pennsylvahia
New Ctunberland Federal Credit Union
VS.
Kenneth L. Johnson
No. 06-3218 civil
Now, June .22, 2006
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, , 2Q , at o'clock M. served the
within
• upon
at
by handing to
a
and made known to
So answers,
the contents thereof.
Sheriff of
copy of the original
Sworn and subscribed before
me this day of , 20COSTS
SERVICE
MILEAGE _
AFFIDAVIT
County, PA
$
(Offitre of *P Shrriff
?1
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
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania NEW CUMBERLAND FEDERAL CREDIT UNION
vs
County of Dauphin JOHNSON KENNETH L
Sheriff's Return
No. 1110-T - - -2006
OTHER COUNTY NO. 06-3218
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 JOHNSON KENNETH L
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, July 24, 2006
3
DEFENDANT REQUESTED SERVICE AFTER 6:00 PM, ONE DAY BEFORE EXPIRATION; NO
NIGHT SERVICE SCHEDULED.
Sworn and subscribed to
before me this 24TH day of JULY, 2006
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept 1, 2006
So Answers,
? k e,;?
Sheriff of Dauphin%County, Pa.
By
Deputy Sheriff
Sheriff's Costs:$35.25 PD 06/23/2006
RCPT NO 218934
GMILLER
... -r
NEW CUMBERLAND FEDERAL
CREDIT UNION,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
KENNETH L. JOHNSON,
DEFENDANT NO. 06 - 3218 CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
PURSUANT TO PA. R.C.P. 3101 TO 3149
TO THE PROTHONOTARY: Please issue writ of execution in the above matter,
(1) Directed to the Sheriff of Dauphin County, Pennsylvania;
(2) Against DEFENDANT KENNETH L. JOHNSON, 5041 WYNNEWOOD ROAD,
HARRISBURG, PA 17109.
(3) and index this writ
(4) against DEFENDANT KENNETH L. JOHNSON, 5041 WYNNEWOOD ROAD,
HARRISBURG, PA 17109
as a lis pendens against the property of the Defendant located at 5041 Wynnewood Road,
Harrisburg, PA 17109
ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED TO APPLIANCES,
ELECTRONIC EQUIPMENT, COMPUTERS, DVD PLAYERS, TELEVISIONS, TOOL,
FIREARMS, AND COLLECTIBLES LOCATED AT 5041 WYNNEWOOD ROAD,
HARRISBURG, PA 17109.
(5) Amount Due $11,837.41
Interest $ 1,085.50 (10.99% Per Annum Since October 19, 2006 at $3.25 Per Diem)
Fees 100.00 (Legal Fees Expressly Recoverable Under Contract)
$13,022.91
Respectfully submitted,
By:
Date: September 18, 2007
H cell Law Firm
41 9 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court ID 62063
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'--% WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3218 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due NEW CUMBERLAND FEDERAL CREDIT UNION,
Plaintiff (s)
From KENNETH L. JOHNSON, 5041 Wynnewood Road, Harrisburg, PA 17109
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property
including but not limited to appliances, electronic equipment, computers, DVD players,
televisions, tool, firearms and collectibles located at 5041 Wynnewood Road, Harrisburg, PA
17109.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $11,837.41
L.L. $.50
Interest $1,085.50 - (10.99% Per Annum Since 10/19/06 at $3.25 Per Diem)
Atty's Comm %
Atty Paid $279.10
under contract)
Plaintiff Paid
Date: 9/19/07
(Seal)
REQUESTING PARTY:
Name STEVEN HOWELL, ESQUIRE
Address: HOWELL LAW FIRM
619 BRIDGE STREET
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-770-1277
Supreme Court ID No. 62063
Due Prothy $2.00
Other Costs $100.00 (legal fees expressly recovered
kAJ
Long, ProthonotaryBy:
LL'.-
Deputy
NEW CUMBERLAND FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION, CUMBERLAND COUNTY
PLAINTIFF PENNSYLVANIA
V. CIVIL ACTION- LAW
KENNETH L. JOHNSON,
DEFENDANT NO. 06 - 3218 CIVIL TERM
PRAECIPE TO REISSUE WRIT OF EXECUTION
PURSUANT TO PA. R.C.P. 3101 TO 3149
TO THE PROTHONOTARY: Please issue writ of execution in the above matter,'
?I
(1) Directed to the Sheriff of Dauphin County, Pennsylvania;
(2) Against DEFENDANT KENNETH L. JOHNSON, 5041 WYNNEWOOD ROAD,
HARRISBURG, PA 17109 or at his new address.
(3) and index this writ
(4) against DEFENDANT KENNETH L. JOHNSON, 5041 WYNNEWOO? ROAD,
HARRISBURG, PA 17109 or at his new address
as a lis pendens against the property of the Defendant located at 5041 Wynnewood Road,
Harrisburg, PA 17109 or at his new address.
ALL PERSONAL PROPERTY INCLUDING BUT NOT LIMITED T APPLIANCES,
ELECTRONIC EQUIPMENT, COMPUTERS, DVD PLAYERS, TE VISIONS, TOOL,
FIREARMS, AND COLLECTIBLES LOCATED AT 5041 WYNNE OOD ROAD,
HARRISBURG, PA 17109 or at his new address.
(5) Amount Due $11,837.41 1 oP Ste, so
Interest $ 15 (10.99% Per Annum Since October 19, 2006 at $3.25 Per Diem)
Fees $ 300.00 (Legal Fees Expressly Recoverable Under C ntract)
$13,635.66
Respectfully
By:
Firm
619 Bridge treet
New Cumberland, PA 17070
(717) 770-1 77
Supreme C urt ID 62063
Date: January 23, 2008
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