HomeMy WebLinkAbout94-03543
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IN THE COURT OF COMMON PLEAS OF
CUMBERLANO COUNTY, PENNSYLVANIA
11l1l4 3 ') /.13 CIVIL TERM
NAOMI C. FREY
Plaintiff
CHARLES HARTER
O.rendant
COMPLAltIT
AND NOW, oomes the Defendant, NAOMI C. FREY, by and through
her attorney, R. MARK THOMAS, ESQUIRE, and files this complaint
against the Defendant and in support thereof respectfully
represents I
L Plaintiff, NAOMI C. FREY, is an adult individual who
currently resides at 13 lIunter Lane, camp Hill, cumberland County,
Pennsylvania 17011.
2. Defendant, CHARLES HARTER, is an adult individual who
currently resides in the Commonwealth of Pennsylvania, but whose
address is unknown to the Plaintiff. However, the Defendant does
work at Kountry Kraft Kitchens which is located on South Sheridan
Road, Newmanetown, Lebanon county, Pennsylvania 17073.
3. On or about December 19, 1989, and at all relevant times
thereafter, the Defendant was the eole proprietor of Cuetom
Workshop, which wae located at 126A Front Street, Wormleysburg,
Pennsylvania.
4, The Defendant became acquainted with the Plaintiff as a
result of custom oarpentry work which the Defendant performed on
behalf of the Plaintiff for remuneration.
D. on or about Oaoa.b.t 1', 1"', th. Oatandant approaohad
th. Plalntiff and advl..d the Plaintiff that the Detandant w..
unable to 001 hot money tram .ome at hia cu.tom.n and h. had
cr.dltor. who w.re d.manding to be paid,
6, The Plaintitt, in reliano. upon th... .tat.m.nt. made by
the Dtt.ndant, and in r.turn tor hll promi.. to repay Plainti tt,
agr.ed to loan the Oetendant variou. .um. at money to pay the
Detendant'. or.ditor. and .nabl. the O.tendant to atay in bu.in....
7. Oe\!inning with a loan which the 1'1aintitt made to the
O.t.ndant on December 19, 19a9, and commencing with periodic loan.
tram the Plaintitt to the Detendant between Oecember 19B9 and Harch
ot 19111, the Phintitt loaned to Oetendant a total amount at
$17,1146.00.
8. Aooordin\! to the term. ot the Allreem.nt, a memorandum of
which 11 attaohed her.to and marked a. I'laintitt', Exhibit "A", the
Detendant aqteed to commenoe making paymenta on the.. loan, in July
11190,
9. The Detendant tailed to comm.nce repayment at the loan to
the Plaintitt in July 1990, and de.pite hie failure to b.qin to
r.pay the loan the Plaintitt continued to ext.nd varicu. loan. to
the Oetendant through Harch 1991.
10. To date, the Pl/:Iintitt hili made .everal demand. ot the
Uetendant to repay the loan, but the Oefendant hili taUed to make
any paymenta and continue. tc taU to make repayment. on the loan
to the Plaintift.
11. Of the total amount of moni.. whioh the Plaintiff loaned
to the Defendant, Defendant had borrowed $6,000.00 from the bank,
and thie $6,000.00 wa. to be repaid to Plaintiff with a r~t. of 14'
interest, which was the rate of interest charged to Plaintiff by
the bank.
12. The balance of the loans made from Plaintiff to Defendant
were made from the Plaintiff's personal proceeds, and these loans
were made with the understanding that the Defendant would pay
interest at the rate of 6' per annum on that amount.
13. The agreement with respect to these loans between the
Plaintiff and the Defendant was entered into at the Plaintiff's
residence in Cumberland County.
14. The delivery of the loans from Plaintiff to Defendant
occurred at the Plaintiff's residence in Cumberland county.
16. The repayment of the loans was to be made to the
Plaintiff at the Plaintiff's residence in cumberland county.
16. The Defendant has not made any payments on the loans as
of the date of the filing of this Complaint although payments were
to have commenced in July 1990,
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NAOMI C. FRBv
Plaint! ft
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IN THB COURT OF CONHON PLEAS or
CUMBERLAND COUNTv/ PINNSYLVANIA
11184 - 354 J
CIVIL TERM
CIfARLES HARTER,
D.f.nd.nt
'"'9''' .01 IKTRY 0' ~UD9~I'T 0' DI.1ULT
TO THE pROTIlONOTARYI
Pl.... enter Jud9m.nt of Default in favor of Plaintiff, Naomi
C, Frey/and ayain.t Defendant, Charle. Ilarter / for hi. failure to
plead to the Complaint in thh action within the required time.
The Complaint contained a Notice to Defend within twenty (20) day.
from the date of .ervice thereof. Defendant wa. pereonally served
with the complaint on July 6, 1994/ and hi. an.wer wa. due to be
filed on or before July 26/ 1994.
Attached n Exhibit "A" i. a copy of Plaintiff'. written
Notioe of Intention to file Praeoipe For Entry Of Default Judgment
Which I certify wa. mailed by fir.t-olae. mail, poatage prepaid, to
the Defendant at hie la.t known place of employment Which wae a1eo
the place where personal .ervice wa. made upon the Defendant. Thie
Notice of Intention wae mailed to the Defendant on Auguat 25/ 1994/
which i8 at lent ten daya (10) prior to the fl1in9 of this
Praeoipe, The Notioe wu not nturned by the poetal authoritiee
and, thenfor., it ie preeumed that the Defendant did in fact
reoeive the Notioe of Intention.
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