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HomeMy WebLinkAbout07-0580IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., Plaintiff, CIVIL DIVISION No. 07-580 VS. RALPH HERROLD and JEANNETTE L. HERROLD, PRAECIPE FOR DEFAULT JUDGMENT Defendants. FILED ON BEHALF OF PLAINTIFF: C&W Asset Acquisition, L.L.C. COUNSEL OF RECORD FOR THIS PARTY: James McNally, Esquire PA I.D. No. 78341 METZ LEWIS LLC 11 Stanwix Street 18th Floor Pittsburgh, PA 15222 412-918-1100 Firm # 437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., Plaintiff, CIVIL DIVISION No. 07-580 VS. RALPH HERROLD and JEANNETTE L. HERROLD, Defendants. } PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff, C&W Asset Acquisition, L.L.C., and against the Defendants, Ralph Herrold and Jeannette L. Herrold, in the amount of $5,494.21, with interest thereon at the contractual rate of $1.65 per day from March 12, 2007, plus reasonable and actually incurred attorney's fees and costs. Respectfully submitted, Dated: ?°Z 0 By: METZ LEWIS LLC Pa. I.D. #78341 Attorneys for Plaintif , C&W Asset Acqui tion, L.L.C. 11 Stanwix Stre , 18'' Floor Pittsburgh, P 15222 Phone: ( ) 918-1100 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared James McNally, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that Defendants, Ralph Herrold and Jeannette L. Herrold, are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscri ,I t" this i k- day of Notar Member. Pennsylvania Association of Notaries EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., Plaintiff, CIVIL DIVISION No. 07-580 VS. RALPH HERROLD and JEANNETTE L. HERROLD, Defendants. TO: Ralph Herrold 414 Wren Court Mechanicsburg, PA 17055 DATE OF NOTICE: March 1, 2007 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 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 PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 Jarff fG cTVally, squire PA I.D. No. 783 1 Attorneys for W Asset Acquisitio , L.C., Plaintiff I 1 Staa ix Street, 18s' Floor Pittsburgh, PA 15222 412-918-1100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., Plaintiff, CIVIL DIVISION No. 07-580 VS. RALPH HERROLD and JEANNETTE L. HERROLD, Defendants. TO: Jeannette L. Herrold 414 Wren Court Mechanicsburg, PA 17055 DATE OF NOTICE: March 1, 2007 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 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 PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-910$ lly, Esquire James MC?a 8341 PA I.D. o. Attorneys for &W Asset Acquisition, L.C., Plaintiff 11 Stanwix reet, 18`h Floor Pittsburgh, A 15222 412-918-1100 C.N r-- +a Z O d b rte , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., Plaintiff, CIVIL DIVISION No. 07 - vb (26 ? ? C-7F11?rj vs. RALPH HERROLD and JEANNETTE L. HERROLD, Defendants. COMPLAINT IN BREACH OF CONTRACT FILED ON BEHALF OF: C&W Asset Acquisition, L.L.C., Plaintiff COUNSEL OF RECORD FOR THIS PARTY: James McNally, Esquire PA I.D. No. 78341 METZ LEWIS LLC I 1 Stanwix Street 18th Floor Pittsburgh, PA 15222 412-918-1100 Firm # 437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., ) CIVIL DIVISION Plaintiff, ) No. vs. ) RALPH HERROLD and ) JEANNETTE L. HERROLD, ) Defendants. ) NOTICE TO DEFEND 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 of 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, 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 PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., ) CIVIL DIVISION Plaintiff, ) No. Q VS. ) RALPH HERROLD and ) JEANNETTE L. HERROLD, ) Defendants. ) COMPLAINT IN BREACH OF CONTRACT NOW COMES C&W Asset Acquisition, L.L.C., by and through its attorneys, Metz Lewis LLC, files this Complaint in Breach of Contract and in support thereof avers as follows: 1. C&W Asset Acquisition, L.L.C. ("C&W"), is a limited liability company with a place of business located at 100 North Center Street, Newton Falls, Ohio 44444. 2. Ralph Herrold and Jeannette L. Herrold ("Defendants") are adult individuals with a last known address of 414 Wren Court, Mechanicsburg, Pennsylvania 17055. 3. Upon application and at the request of the Defendants, Nortwest Direct extended to Defendants a loan in the original principal amount of $5,000.00 and sent to them a check in the amount of $5,000.00. 4. Thereafter, the Defendants endorsed the check and deposited same into their deposit account. A true and correct copy of the endorsed check is marked Exhibit "A", attached hereto and made a part hereof. 5. The Loan was subsequently assigned and is currently held by C&W as assignee. 6. The Defendants are in default under the terms and conditions of the loan and extension of credit for, among other reasons, failure to make payments when due in accordance with the terms thereof. 7. C&W notified Defendants of Defendants' default under the terms of the loan and demanded payment in full for the outstanding balance in connection therewith. True and correct copies of the demand letters sent by C&W to the Defendants are collectively marked Exhibit "B", attached hereto and made a part hereof. 8. Notwithstanding C&W's demand for payment, the Defendants have failed or refused to pay. 9. The amount due C&W by Defendants is computed as follows: Principal $ 4,280.80 Interest (12/27/06) 1,069.66 Late Charges 20.00 TOTAL $ 5,370.46 plus additional interest at the contractual rate of $1.65 per day, from December 27, 2006, plus additional late charges and attorney's fees and costs as permitted in accordance with the terms of said loan. 10. C&W has complied with all conditions precedent and is entitled to payment in full on the outstanding balance due on the loan. WHEREFORE, Plaintiff, C&W Asset Acquisition, L.L.C., demands judgment in breach of contract against Ralph Herrold and Jeannette L. Herrold in the amount of $5,370.46, plus interest in the amount of $1.65 per day from December 27, 2006, plus additional late charges, and reasonable attorney's fees and costs. Respectfully submitted, METZ LEWIS LLC ames McNally, Es uire PA I.D. No. 78341 Attorneys for C& Asset Acquisition, L.L. , Plaintiff 11 Stanwix Stree , 18th Floor Pittsburgh, PA 5222 412-918-1100 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE EXHIBIT "A" 832170 $ 5,000 13.847% $136.25 48 t®&MVAF NORWEST DIRECT y 0 !• r P.O. Box 49069 Colorado, N.A. ] 9 oAF.ot Colorado S rm 4 ;tober 15, 1996 1®v®AW,T, 1-800-667- 835 ' CO 80949 Pay Five Thousand Dollars and 00/100----------------------------- $ 5,000.00 Void if not endorsed by Ralph Herrold and Jeannette L. Herrold To The Expiration Date December 10, 1996. Order Of Ralph Herrold _ Jeannette L. Herrold 204 E. First St. S1 Danville, PA 17821 NOV 1 President, Norwest Direct 11883200114 1:1020000761: 479970020260 2 L 11'0000 500000"' 82-07/1020 47.1-2 -94 pla o 10 0' 1, ot z z 1 V ?- t U O .w n ?yj] yyy? EXHIBIT "B" C & W Asset Acquisition, L.L.C. 100 North Center Street Newton Falls, OH 44444 888-462-2353 (888-GOCADLE) 330-872-0918 FAX: 330-872-5367 December 27, 2006 Ralph Herrold 414 Wren Court Mechanicsburg, PA 17055 RE: Check Loan Originally Dated: 11/01/1996 Original Principal Amount: $5,000.00 Maker(s): Ralph Herrold, Jeannette L. Herrold Original Payee: Norwest Direct Our File No. OF040704 Dear Ralph Herrold: As you know, C & W Asset Acquisition, L.L.C. is the current owner of the above-referenced debt. You are hereby advised that your debt is in DEFAULT, and that C & W Asset Acquisition, L.L.C. hereby DEMANDS that you WITHIN 35 DAYS of the date of this letter pay the outstanding amounts of the debt in full. C & W Asset Acquisition, L.L.C. hereby makes DEMAND upon you for payment in full of all unpaid amounts through December 27, 2006, of $5,370.46, which includes the principal balance of $4,280.80, accrued interest due through December 27, 2006 of $1,069.66, and late charges of $20.00, due WITHIN 35 DAYS of the date of this letter. Interest accrues thereafter at $1.65 per day. Because of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater. If you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call 1- 888-462-2353, Ext. 3369. If the total amount due is not paid in full as indicated above, C & W Asset Acquisition, L.L.C. may pursue its legal remedies, which may include the filing of a lawsuit against you for the total amount due, plus court costs and attorney fees, if allowed by law in your state. IN ACCORDANCE WITH 15 U.S.C. 1692e(11), PLEASE BE ADVISED THAT THE PURPOSE OF THIS LETTER IS TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. If you have any questions, please do not hesitate to contact me. I can be reached toll-free at 888-462- 2353 (888-GOCADLE), Ext. 3369 between the hours of 8:30 a.m. and 5:00 p.m. EST, Monday through Friday. Yours very truly, N?VAW%,1siLro Matthew Nemet Account Officer MN:SM By Regular Mail - c/m and Certified Mail - Return Receipt No. 7004 1350 0002 8842 9337 1ASheri Medallis\OF040704 Helrold.doc C & W Asset Acquisition, L.L.C. 100 North Center Street Newton Falls, OH 44444 888-462-2353 (888-GOCADLE) 330-872-0918 FAX: 330-872-5367 December 27, 2006 Jeannette L. Herrold 414 Wren Court Mechanicsburg, PA 17050-2093 RE: Check Loan Originally Dated: 11/01/1996 Original Principal Amount: $5,000.00 Maker(s): Ralph Herrold, Jeannette L. Herrold Original Payee: Norwest Direct Our File No. OF040704 Dear Jeannette L. Herrold: As you know, C & W Asset Acquisition, L.L.C. is the current owner of the above-referenced debt. You are hereby advised that your debt is in DEFAULT, and that C & W Asset Acquisition, L.L.C. hereby DEMANDS that you WITHIN 35 DAYS of the date of this letter pay the outstanding amounts of the debt in full. C & W Asset Acquisition, L.L.C. hereby makes DEMAND upon you for payment in full of all unpaid amounts through December 27, 2006, of $5,370.46, which includes the principal balance of $4,280.80, accrued interest due through December 27, 2006 of $1,069.66, and late charges of $20.00, due WITHIN 35 DAYS of the date of this letter. Interest accrues thereafter at $1.65 per day. Because of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater. If you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call 1- 888-462-2353, Ext. 3369. If the total amount due is not paid in full as indicated above, C & W Asset Acquisition, L.L.C. may pursue its legal remedies, which may include the filing of a lawsuit against you for the total amount due, plus court costs and attorney fees, if allowed by law in your state. IN ACCORDANCE WITH 15 U.S.C. 1692e(11), PLEASE BE ADVISED THAT THE PURPOSE OF THIS LETTER IS TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. If you have any questions, please do not hesitate to contact me. I can be reached toll-free at 888-462- 2353 (888-GOCADLE), Ext. 3369 between the hours of 8:30 a.m. and 5:00 p.m. EST, Monday through Friday. Yours very truly, Matthew Nemet Account Officer MN: SM By Regular Mail - c/m and Certified Mail - Return Receipt No. 7004 1350 0002 8842 9320 CASheri Medallic\0F040704 Hmold.doc VERIFICATION 1, Matthew Nemet, in my position as Account Officer of C&W Asset Acquisition, L.L.C., depose and say subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to unworn falsification to authorities, that the facts set forth in the foregoing Complaint in Breach of Contract are true and correct to the best of my personal knowledge, information and belief. C&W Asset Acquisition, L.L.C. By: Matthew Nemet Account Officer CD n TI =?'T7 P1 7T K CASE NO: 2007-00580 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND C& W ASSET ACQUISITION L L C VS HERROLD RALPH ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon w7pp 1T.n RAT,PFi the DEFENDANT , at 1948:00 HOURS, on the 8th day of February-, 2007 at 414 WREN COURT MECHANICSBURG, PA 17055 RALPH HERROLD 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 Service Affidavit Surcharge So Answers: 18.00 9.68 00 10.00 R. Thomas Kline .00 / 37.68/ 02/12/2007 ?,p1 METZ LEWIS X DO Sworn and Subscibed to before me this of By. day D putt' She iff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND C& W ASSET ACQUISITION L L C VS HERROLD RALPH ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HERROLD JEANNETTE L the DEFENDANT , at 1948:00 HOURS, on the 8th day of February-, 2007 at 414 WREN COURT MECHANICSBURG, PA 17055 by handing to RALPH HERROLD, HUSBAND 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline 00 1 02/12/2007 a i5,p1 METZ LEWIS Dr "" By: day De uty he iff A.D.