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Home My WebLink About99-07259 ? _: ,9 MAI THI TRAN : IN THE COURT OF COMMON PLEAS OF 224 Overfleld Drive : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17013 Plaintiff VS. : CIVIL ACTION - LAW CHRISTOPHER M. MOYER : NO. 99 - 7259 CIVIL TERM 1424 Bradley Drive, Apt. D212 Carlisle, PA 17013 Defendant : IN FORECLOSURE TO THE PROTHONOTARY: Please enter a default judgment against the defendant in the above matter for failure to respond to the complaint within twenty days of service thereof. Enter judgment for the following: Principal $ 49,373.78 Interest thru December 2, 1999 1,201.21 Late Charges thru November 13, 1999 73.23 Taxes and Insurance thru Nov. 13, 1999 440.00 Attorney Fees 2.468.69 TOTAL $53,556.91 plus interest of 8% per annum on the principal balance of 49,373.78, from December 2, 1999 until the date of full payment, late charges, taxes and insurance from November 13, 1999 until the date of full payment and all costs of this action. I hereby certify that the addresses of the parties are as shown above and that notice has been given in accordance with PA.R,,P.P. No. 237.01 (copy attached). January 21, 2000 HAROLD S. kRWIN, III Attorney for P tiff 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 r.' MAI THI TRAN, Vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER M. MOYER, Defendant JANUARY 10, 2000 TO: CHRISTOPHER M. MOYER 1424 BRADLEY DR APT D212 CARLISLE PA 17013 : CIVIL ACTION - LAW : NO. 99 - 7259 CIVIL TERM : IN FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013 717.249 -.3166^ JANUARY 10, 2000 HAROLD S. IRWIN, I Attorney for Plaint! 35 East high Street Carlisle, PA 17013 (7.17) 243-6090 I r O U o SENDER: I also wish receive the f '6 : `m ocomplete stems l a a addnianal services. ing services (for an extra fee): ): , nd 4b. Complete stems 3.4a, and 4b. or 0 plus ool your ur name and adtlroes on the reverse of this term so Inat w e can return this m• . raid to you. a Attach INS loan to the front at the maltpiece, or an the back if space does not 1. ? Addressee's Address •-' Z ' . m permit. 2. O Restricted Delivery m ; 0 %Vote 'Return Racalpl Re4uasfad•on the melpean below the amde number. 0The Serum Receipt will stow to whom the amide was delivered and the date 2 o defwemd. v 3. Article Adtlressed to: 4a. Article Number as drus- ? j 159 oYE C o /?S E ? c/?Orp? /l/ ?x / ' 4b. Service ype ? Registered ?ertifled m s f? ?C? 77 eL'f, 1 F.-' C ?•? ? Express Mail ? Insured S H Ratum Receipt for Merchandise ?COD a 7. Date of Delivery / 7 O / 3 i - : 6. Received By: (Pool Name) 8. Addressee's Address (Only it requesledend i ff lee is paid) `a I c 6. Signature ddress or Agent) T m ' PS Fonn 3811, December 1994 102595.99.11.0223 Domestic Return Receipt m m Ln m a d a R o_ c Nac UdE Er m _Ia rn "04` rn N`.g2 (L? a f14 =5 oo a) D2zC Q (Y, V t 1 a "? m d $ LL m t ? 9? .o l ° 6 R ol ovu•n•-v VVm4 -'-""' h c? t ' r c i = JJ C= J J d O U ? a rJf r SHERIFF'S RETURN - REGULAR CASE NO: 1999-07259 P COM COUNTTY11OFLCUMBERLANDSYLVANIA: TRAN MAI THI VS. MOYER CHRISTOPHER M BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according was served to law, says, the within COMPLAINT - MORT FORE the upon MOYER CHRISTOPHER M defendant, at 19:50 HOURS, on the 7th day of December 1999 at 1424 BRADLEY DRIVE APT D212 CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to CHRISTOPHER M. MOYER a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff 's,ng Costs: So answers Z 18.00 rvi 3.10 Service ?erO? Sec Affidavit .00 8 00 omas ine, eri Surcharge ?12N9/199fliepty by 5 and subscribed?to before me this day of i.,._,....?__ 1?0 jorrU _ A.D. .1=Prs?tra?? HAROLD S. IRWIN, III ATTORNEY ID NO 29920 35 E HIGH ST CARLISLE PA 17013 717.2436090 ATTORNEY FOR PLAINTIFF MAI THI TRAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. CHRISTOPHER M. MOYER, Defendant : CIVIL ACTION - LAW : NO. 99- 7?--S9 CIVIL TERM : IN FORECLOSURE 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 an 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, PA 17013 (717) 249-3166 MAI THI TRAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CHRISTOPHER M. MOYER, Defendant CIVIL ACTION - LAW NO. 99-_'725 CIVIL TERM IN FORECLOSURE COMPLAINT NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire and files this complaint, representing as follows: The plaintiff is Mai Thi Tran, an adult individual residing at 224 Overfield Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Christopher M. Moyer, an adult individual residing at 1424 Bradley Drive, Apt. D212, Carlisle, Cumberland County, Pennsylvania 17013. 3. On April 13, 1998, defendant executed and delivered an installment sales agreement, a copy of which is incorporated herein, attached hereto and made a part hereof as Exhibit "A", to plaintiff and to Phap Ky Tran, secured upon the premises more particularly described in Exhibit "A". 4. Thereafter, Phap Ky Tran assigned all his right, title and interest in said agreement to the plaintiff, Mai Thi Tran 5. Default has been made in the terms and conditions of the agreement in that defendant has failed to pay installments of interest, principal, taxes and insurance due on the thirteenth day of August, 1999, and the thirteenth day of each month thereafter, in violation of the terms of the agreement. 6. The entire condition, money or sum of $55,900.00 has become due and payable, together with interest at Eight and no/100 (8.00°/x) percent per annum, plus late charges and monthly payments for taxes and insurance and attorney's commission of at least 5% for the collection of said sum in accordance with the terms of the agreement, less such sums as have been paid on account of principal of the agreement. 7. No judgment has been entered upon said agreement in any jurisdiction. 8. The defendant is not engaged in the federal services or on active or inactive duty in the United States Army, Navy, Coast Guard, Marine Corps nor are defendants active members of the armed forces of any state or territory of the United States of America, nor engaged in any way which would bring the defendants within the provisions of the Soldiers' and Sailors' Civil Relief Act approved October 18, 1940, as amended. 9. The plaintiff has complied with the requirements of the Act of Assembly dated January 30, 1074, known as Act No. 6, 1974, with respect to notice of intention to foreclose to the defendants, and Act No. 91, 1984, with respect to credit counseling, and the defendants have failed to reinstate their agreement in accordance with the provisions thereof. 10. The following amounts are due on the agreement: Principal of Agreement $ 49,373.78 Interest to December 2, 1999 1,201.21 Late Charges to November 13, 1999 73.23 Tax/ Insurance to November 13, 1999 440.00 Attorney Fees 2,468.69 Total Due $53,556.91 WHEREFORE, plaintiff demands judgment against defendant in the sum of Fifty- three Thousand Five Hundred Fifty-six and 91/100 ($53,556.91) Dollars, plus interest from December 2, 1999, late charges from November 13, 1999 and tax and insurance payments of $110.00 per month from November 13, 1999 and costs of this action. December 2 ; 1999 HAROLD S. IRWIN, III Attorney for plaintiff 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 VERI ICATION I hereby verify that I am the plaintiff in this action and that the facts in stated in the above. complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. December 1999 i (4,: /' M AI THI TRAN