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Home My WebLink About04-0525IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT LLC, vs. Plaintiff, HAROLD J. MENTZER, Defendant. CIVIL DIVISION NO. ISSUE NUMBER: TYPE OF PLEADING: COMPLAINT CODE - 011 ASSUMPSIT FILED ON BEHALF OF: Plaintiff, FAIRLANE CREDIT LLC COUNSEL OF RECORD FOR THIS PARTY: Donald S. Mazzotta, ESQUIRE Pa. I.D. #11461 LAW OFFICES OF DONALD S. MAZZOTTA, P.C. Firm #742 938 Penn Avenue Pittsburgh, PA 15222 (412) 471-0300 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 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 he 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 LAW~ER AT ONCE. IF YOU SHOULD 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOI~MATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIELE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse S. Hanover Street Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT LLC, Plaintiff, vs. HAROLD J. MENTZER, Defendant. COMPLAINT - CIVIL ACTION AND NOW, COMES the Plaintiff, Fairlane Credit LLC, by its attorneys, Law Offices of Donald S. Mazzotta, P.C., and respectfully presents its complaint in civil action against the defendant above-named upon a cause of action whereof the following is a statement: 1. Fairlane Credit LLC is a corporation doing business at PO Box 6508, Mesa, Arizona 85216, and is hereinafter referred to as "Plaintiff." 2. Harold J. Mentzer is an individual residing at 1934 Sterretts Gap Avenue, Carlisle, Cumblerand County, Pennsylvania 17013, and is hereinafter referred to as "Defendant." 3. Defendant purchased personal property and entered into a written agreement (hereinafter "Agreement") for the purpose of financing the purchasing of the personal property. A true and correct copy of Agreement is marked Exhibit "A", attached hereto and made a part hereof. 4. Plaintiff is the holder of Agreement and is entitled to payment under the terms thereof. 5. Defendant defaulted for failing to make payments when and as due, and Plaintiff incurred a loss in the amount of $8,686.33. 6. Plaintiff is entitled to interest from June 15, 2001 to January 15, 2004 at the contract rate of 17.95% per annum, totaling $5,179.79. 7. Demand for payment has been made upon Defendant, but Defendant has failed or refused to pay. 8. Under the terms of Agreement, Plaintiff is entitled to reasonable attorney's fees of 20.000% in the sum of $1,737.27. WHEREFORE, Plaintiff seeks judgment against Harold J. Mentzer in the amount of $15,603.39, plus interest from January 31, 2004 to date of judgment and costs of suit. BY: LAW OFFICES OF DONALD S. MAZZOTTA, Do,aid S. ] uire Attorneys [~ Plaintiff BY SIGNING BELOW BUYER - AGREES TO THE TERMS ON PAGES ' I AND 2 OF THIS CONTRACT AND ACKNOW].EDGES RECEIVING A COPY OF 33HIS C OI~rRAC~. EXHIBIT J~IHX~ the action bu~ tha~ at Uke re~ cf the ~la~iff, ~ow!edqe~ i~o~atic~, r~cor~, ~d dcc~e~ts s~plied to me Dy the Pia~tiff, tha a-~s sat fo~h i~ tke Civil t~le. A Verificatio~ ~a~ted ~ the Piaia~iff of trial or upon I ~dersZ~d that f~sa stataments ~ha penalties cf !8 Pa. C.S. ~4904 relating to un,worn falsification to C) SHERIFF'S RETURN - REGULAR CASE NO: 2004-00525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAIRLANE CREDIT LLC VS MENTZER HAROLD J JODY SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon MENTZER HAROLD J the DEFENDANT , at 1352:00 HOURS, on the llth day of February , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to HAROLD J MENTZER a true and attested copy of COMPLAINT & NOTICE together with Sheriff or Deputy Sheriff of who being duly sworn according to law, and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 00 00 10 00 00 28 00 Sworn and Subscribed to before me this ~Q day of So Answers: R. Thomas Kline 02/11/2004 DONALD MAZZOTTA By: Deity Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT L.L.C., Plaintiff, vs. HAROLD MENTZER Defendant. CIVIL DIVISION NO. 04-525 TYPE OF PLEADING: Praecipe for Default Judgment CODE - FILED ON BEHALF OF: Plaintiff FAIRLANE CREDIT L.L.C. COUNSEL OF RECORD FOR THIS PARTY: Donald S. Mazzotta, ESQUIRE Pa. I.D. #11461 LAW OFFICES OF DONALD S. MAZZOTTA, P.C. Firm #742 938 Penn Avenue Pittsburgh, PA 15222 (412) 471-0300 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FAIRLANE CREDIT L.L.C. Plaintiff, NO. 04-525 vs. HAROLD MENTZER, Defendant. PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA.R.C.P.1037(b) TO: PROTHONOTARY OF CUMBERLAND, PENNSYLVANIA: Please enter a judgment against the defendant, HAROLD MENTZER, for failure to file and Answer to Plaintiff's Complaint. Amount Claimed in Complaint $ 15,603.39 Interest through March 16, 2004 $ 322.23 Attorney's Fees $ Costs (to be added by the Prothonotary) $ Total $ 15,925.62 *With interest accruing on TOTAL of $ 15,925.62 at the rate of 6% per annum from the date of Judgment together with costs of suit. I certify that a written notice of intention to file this praecipe was mailed to defendant and to defendant's counsel (if known) after the default had occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of this notice is attached. LAW OFFICES OF DONALD S. By: MAZZOTTA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAIRLANE CREDIT L.L.C., Plaintiff, No. 04-525 vs. HAROLD MENTZER Defendant. VERFIICATION OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. 1037(b) (2) (iii) VERIFICATION I, Donald S. Mazzotta, duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 P.a. C.S. § 4904 relating to unsworn falsification to authorities that the defendants are not in the active military service of the United States of America that The Notice of Intent to take Default Judgment was mailed by ordinary US Mail in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy/copiers, and such facts set forth in the foregoing are true and correct to the best of his knowlegde, information,and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN/A FAIRLANE CREDIT L.L.C., ) ) ) Plaintiff, ) ) ) Harold Mentzer. ) ) ) Defendant. No. 04-525 TO: Harold Mentzer 1834 Sterretts Gap Ave Carlisle, Pennsylvania 17013 DATE OF NOTICE: March 8, 2004 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 LAWYEP~ OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse S. Hanover Street Carlisle, Pennsylvania 17013 (717) 240-6200 1HEREBY CERTIFY THATTHIS NOT1CEWASSENT ON THE DATESETFORTH ABOVE. LAW OFFICES OF DONALD S. MAZZOTTA, P.C. By: 938 Penn Avenue Pittsburgh, PA 15222 (412) 471-0300 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, FAIRLANE CREDIT L.L.C. Plaintiff, vs. HAROLD MENTZER TO: No. 04-525 Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT Harold M. Mentzer 1834 Sterretts Gap Ave Carlisle, Pennsylvania 17013 X x PENNSYLVANIA Plaintiff Defendant Additional Defendant A copy of the Order or Decree is enclosed, or The judgment is as follows: $ 15,925.62 plus costs Deputy ~D