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HomeMy WebLinkAbout11-7203IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ' -.1 G= C & W ASSET ACQUISITION, L.L.C., Case No. 07-580 G j 1-" rn= 34 rn ;u n Plaintiff, . E .C3- ca , PRAECIPE TO IS UE WRI o = vs. OF REVIVAL OF J DGMEN c) - Qom, -- ? N CD t RALPH HERROLD and n JEANNETTE L. HERROLD, F f i1 . y1Y ?? n C?, Defendants. To the Prothonotary of Cumberland, County Pennsylvania: Please issue, pursuant to Pa. R.C.P. 3025, the Writ of ?evival of Judgment obtained by Plaintiff C & W Asset Acquisition, L.L.C. against Defe and Jeanette L. Herrold on March 15, 2007 in the Court of Commo County Pennsylvania, in the amount of $4,280.80 with interest fro 13.847% per annum and costs. Date: September 14, 2011 Q -4 Victor O. Buente, Jr Pennsylvania Attorr Attorney for Plaintiff C & W Asset Acqui; © 100 North Center Si ?, Newton Falls, OH 4 n a `? 6l Telephone: 1-888-z Facsimile: 1-800-8F Email: victor.buent( OlJ tt « (6 I ? Asa. l? pd ?? tea. cyo . nts Ralph Herrold Pleas, Cumberland March 12, 2007 at Esq. ev No. 45585 n, L.L.C. 4444-1321 62-2353, Ext. 3124 0-5367 @cadleco.com N-k llPlb7 1ALega1Secs\Pennsy1vania\He1To1d Prae Writ of Revivial.doc )2A 9 (o y ?V 9 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., Plaintiff, Case No. 07-580 I?Ivi 203 vs. RALPH HERROLD and JEANNETTE L. HERROLD, Defendants. To the Prothonotary: PRAECIPE TO ENTER APPEARA 9 CZ) ---4 : a=- Please enter my appearance as counsel of record for Plai Date: September 14, 2011 c Newton Falls, OH 4444-1321 Telephone: 1-888- 62-2353, Ext. 3124 Facsimile: 1-800-8 0-5367 Email: victor. buent ecadleco.com A.01 xM M == -0 En rn ca o - co Victor O. Buente, Jr,, Esq. Pennsylvania Attorney No. 45585 Attorney for Plainti C & W Asset Acquisition, L.L.C. 100 North Center S 'reet IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C&W ASSET ACQUISITION, L.L.C. Vs. CIVIL ACTION LAW RALPH HERROLD AND JEANETTE L. HERROLD 414 WREN COURT MECHANICSBURG, PA 17055 No 11-7203 WRIT OF REVIVAL TO RALPH HERROLD AND JEANETTE L. HERROLD You are notified that the Plaintiff has commenced a proceeding to the judgment entered to No. 07-580 Civil Term The Plaintiff claims that the amount due and unpaid is $4,280.80 with 2007. You are required within twenty (20) days after service of this Writ to plead to this Writ. If you fail to do so, Judgment of revival will be ei Costs $ 152.18 PD ATTY $ 2.00 DUE CO David D. Buell, Date September 16, 2011 Deputy (Seal) TERM and continue the lien of from March 12, an answer or otherwise, Victor O. Buente, Jr., Esquire, C&W Asset Acquisition, L.L.C., 100 North Center Street, Newton Falls, OH 44444-1321 Attorney for the Plaintiff (800) 462-2353 ID# 45585 L > r1yy t.' `fL?rilr: li Victor O. Buente, Jr., Esq. Pennsylvania Attorney No. 45585 100 North Center Street Newton Falls, OH 44444-1321 Telephone: 1-888-462-2353, Ext. 3124 Facsimile: 1-800-860-5367 Email: victor. buente(&cadleco.com t ; ., r, , , , /'}! il..1 `,I !J.! ERLrsND -r' 11? % IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C & W Asset Acquisition, L.L.C. 100 North Center Street Newton Falls, OH 44444-1321, ) CIVIL DIVISION Plaintiff, ) CASE NO. 2011-07203 VS. ) ) RALPH HERROLD ) 414 Wren Court ) Mechanicsburg, PA 17055 ) JEANNETTE L. HERROLD ) 414 Wren Court ) Mechanicsburg, PA 17055 ) Defendants. ) PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES AND VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for Plaintiff C & W Asset Acquisition, L.L.C. and against Defendants Ralph Herrold and Jeannette L. Herrold, above-named only and assess damages certified to be calculable as a sum certain from the Complaint, as follows: Principal $ 4,280.80 Interest (03/12/2007 through 10/28/2011) 3,812.83 TOTAL $ 8,093.63 (costs to be addeu) aw"k % 1406 ypa al, l:\Lega6ecs\Penns tvania\Praecipe for Entry of Judgment, Etc. - Herrold - OF040704.doc " It ? G 7 ?(? U [ 9 Understanding the false statements made herein are subject to penalty under 18 Pa. C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The above are the precise last known addresses for Plaintiff C & W Asset Acquisition, L.L.C. and Defendants Ralph Herrold and Jeannette L. Herrold. 2. The annexed notice of intention to file praecipe was mailed to all parties Defendant and to his record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe (See Exhibits A and B). 3. The said Defendants Ralph Herrold and Jeannette L. Herrold are not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and are over 18 years of age (See Exhibit C and D). I certify that a true copy of the praecipe to enter judgment was mailed to all parties on this date. Date: October 28, 2011 V 41 /' i 61 Victor 0. Buente, Jr., PA Atty. No. 45585 Attorney for Plaintiff, C & W Asset Acquisition, L.L.C. 100 North Center Street Newton Falls, OH 44444-1321 Telephone: 1-888-462-2353, ext. 3124 Facsimile: 1-800-860-5367 Email: victor.buente@cadleco.com JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN UNDER Pa.R.Civ.P. 236. PRO PROTHONOTARY 4?i C\LegaL9ecs\Penns.vlvania\Praecipe for Entry of Judgment, Etc. - Herrold - OF040704.doc ,? RM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., Case No. 07-580 Plaintiff, vs. RALPH HERROLD and JEANNETTE L. HERROLD, Defendants. To: Ralph Herrold 414 Wren Court Mechanicsburg, PA 17055 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 FUDGMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: 717-249-3166 TOLL FREE: 1-800-990-9108 Date of Notice: October 14, 2011 Victor O. Buente, Jr., PA Atty. No. 45585 Attorney for Plaintiff, C & W Asset Acquisition, L.L.C. 100 North Center Street Newton Falls, OH 44444-1321 Telephone: 1-888-462-2353, Ext. 3124 Telecopier: 1-800-860-5367 E-Mail: victor.buente@cadleco.com I:\LegalSecs\Pennsylvania\Herrold Default Notice.doc cc: Ms. Jeanne Isler, Account Officer Our File No. OF040704 By Regular U.S. Mail - Certificate of Mailing EXHIBIT A UNITED STATES This Certificate of Mailing provides evidence that This form may be used for domestic and interned From: C & W Asset Acqu 100 North Center S Newton Falls, CH To: - Ralph Herrold 414 Wren Court To pay fee, affix stamps or meter oostaae here. ? -"? wrarv etowts 02 1 P $ 01.15° .0002096276 OCT 14 2011 re MA,ILE 7-M CODE 44444 44444-1321 a ; ?!2 Mere _ Mechanicsburg, PA 17055 OF040704 - Cobb PS Form 3817, April 2007 PSN 7530-02-000-9065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C & W ASSET ACQUISITION, L.L.C., Case No. 07-580 Plaintiff, vs. RALPH HERROLD and JEANNETTE L. HERROLD, Defendants. To: Jeanette L. Herrold 414 Wren Court Mechanicsburg, PA 17055 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: 717-249-3166 TOLL FREE: 1-800-990-9108 Date of Notice: October 14, 2011 Victor O. Buente, Jr., PA Atty. No. 45585 Attorney for Plaintiff, C & W Asset Acquisition, L.L.C. 100 North Center Street Newton Falls, OH 44444-1321 Telephone: 1-888-462-2353, Ext. 3124 Telecopier: 1-800-860-5367 E-Mail: victor.buente@cadleco.com I:\LegalSecs\Pennsylvania\Herrold Default Notice.doc cc: Ms. Jeanne Isler, Account Officer Our File No. OF040704 By Regular U.S. Mail - Certificate of Mailing EXHIBIT B UNITED STATES This Certificate of Mailing provides evidence that m This form may be used for domestic and internatiod From: C & W Asset Acqu - 100 North Center S - Newton Falls, OH 44444-1321 T _ Jeanette L. Herrold 414 Wren Court Mechanicsburg, PA 17055 OF040704 - Cobb To pay fee, affix stamps or 7 --TV "I NF Y w'vvt} 0 2 1f?- $ 01.15° 0402096276 OCR? 20 MAILEfTFROM ZIPCODE - -4444 tea, Park Here PS Form 3817, April 2007 PSN 7530-02-000-9065 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Oct-27-2011 13:03:15 -K Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency HERROLD RALPH Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.htinl. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. EXHIBIT C https://www.dridc.osd.mil/appj/scra/popreport.do 1.0/27/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:UA1F8J256F https://www.dmdc.osd.mil/appj/scra/popreport.do 10/27/2011 Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Oct-27-2011 13:04:02 N Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency HERROLD JEANNETTE Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). y6t lot. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 10/27/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:NU93H9ILCI https://www.dmdc.osd.miUappj/scra/popreport.do 10/27/2011