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HomeMy WebLinkAbout12-6353k s l i T 7 N ... .'' i 1 1 t{ 1 4 9 Brian K. Zellner, Esquire - i 1 RLAVkD COUNT\` Hynum Law ^a 'r - IJYL?1AI,lA Atty. ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 VICTORIA GOODWIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. S3 Cirl V. LND of Pa, Inc. and JEFFREY G. DECOEN, Defendants CIVIL ACTION - LAW 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 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 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 Court Administrator's Office One Courthouse Square Carlisle, PA 17013 Phone (717) 240-6200 /? Y .fiG U 7 J v li??-? a8/p.37 USTED HA SIDO DEMANIDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de is proximos viente (20) dias despues de la notification de esta Demanda y aviso radicando personalmente o por rnedio de un abogado una comparecencia escrita y radicando en la Corte por escritosus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falila de tornar accion como se escribe anteriormente, el caso puede proceder sin usted y un fallo por qualquier suma de dinero reclamada en la demandaa o cualquier otra reclamacion o remedio solicitado por el demandanta puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad y otros direchos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTAOFICINA PUEDE PRO VEERLE INFORMACION A CERCA DE COMO CONSEGLJTR UNABOGADO. ST USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVTCIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUECUALIFICAN. Cumberland County Court Administrator's Office One Courthouse Square Carlisle, PA 17013 Phone (717) 240-6200 Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 VICTORIA GOODWIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. V. LND of Pa, Inc. and JEFFREY G. DECOEN, Defendants CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Victoria Goodwin, is an adult individual with an address of 82 Lake Drive, Middletown, PA 17057. 2. Defendant, LND of Pa, Inc., is a corporation organized under the laws of the Commonwealth of Pennsylvania with an address of 410 E. Main Street, Shiremanstown, PA 17011. 3. Defendant, Jeffrey G. deCoen, is an adult individual with an address of 410 E. Main Street, Shiremanstown, PA 17011. 4. On or about March 14, 2012, the Plaintiff loaned to the Defendants Ten Thousand Dollars ($10,000.00). 5. On or about March 14, 2012; the Defendants executed a Promissory Note in favor of the Plaintiff in the amount of $10,000 at a rate of Fifteen Percent (15%) interest. See attached hereto as Exhibit "A" a true and correct copy of the Promissory Note. 6. The Principal Sum of $10,000 plus interest was due to be repaid on or before May 31, 2012 ("balloon date") or when the subject property was sold to a bona fide buyer. See attached hereto as Exhibit "A" a true and correct copy of the Promissory Note. 7. The Defendants have not paid the Plaintiff the sum of $11,500 due under the Promissory Note. COUNT I -- BREACH OF CONTRACT 8. Paragraphs 1 through 7 are incorporated herein by reference as though set forth at length. 9. On or about March 14, 2012, Defendants entered into a Promissory Note in which Defendants agreed to repay Plaintiff by May 31, 2012. See attached hereto as Exhibit "A" a true and correct copy of the Promissory Note. 10. The Defendants breached the Promissory Note by not repaying the Plaintiff by May 31, 2012. 11. Pursuant to the Promissory Note, the Plaintiff is owed $11,500 plus 10% per annum from May 31, 2012. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as follows: a. Granting judgment for the Plaintiff and against Defendants, in the amount of $11,500.00; b. Granting Plaintiff its costs incurred in connection with this action; c. Granting Plaintiff interest at the rate of 10% per annum from May 31, 2012; and, d. Granting such other relief as the Court deems equitable and just. 10 S 1 'L rian K. Zellner, Esquire Attorney ID 59262 Hynum Law 2608 N. Third Street Harrisburg, PA 17110 [717] 774-1357 Attorney for Plaintiff Exhibit "All PROMISSORY NOTE March 14, 2012 Shiremanstown Pennsylvania [State] [Date] [City] $10,000 2 South St Johns Road Shiremanstown, Pennsylvania 17011 [Note Amount] [Property Address] FOR VALUE RECEIVED the undersigned jointly and severally promise(s) to pay to the order of Note Holder: Victoria Goodwin the principal sum of Ten Thousand Dollars ($10,000) being payable monthly on or before May 31,2012 ("balloon date"), or when the subject property is sold to a bona fide buyer, in lawful money of the United States, at the following address: 2 South St Johns Road Shiremanstown, Pennsylvania 17011 or at such other place as the Note Holder hereof may designate in writing from time to time. AC, There will be no monthly payments, and on the principal sum owed. The holder of this note shall give written notice by certified mail, return receipt requested, to the endorser/maker at least 60 days before any balloon payment is due. Each maker and endorser severally waives demand, protest and notice of maturity, non-payment or protest and all requirements necessary to hold each of them liable as makers and endorsers and, should litigation be necessary to enforce this note, each maker and endorser waives trial by jury and consents to the personal jurisdiction and venue of a court of subject matter jurisdiction located in the State and County in which the property sits. Each maker and endorser further agrees, jointly and severally, to pay all costs of collection, including a reasonable attorney's fee in case the principal of this note or any payment on the principal is not paid at the respective maturity thereof, or in case it becomes necessary to protect the security hereof, whether suit be brought or not. This note is to be construed and enforced according to the laws of the State in which the property sits; upon default in the payment of principal when due, the balance owed will accrue an interest of 10% per annum. INITIALS (3 V STANDARD PROMISSORY NOTE Page 1 of 2 therefore may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. LND of Pa Inc (Corporation) By: A.- ?'CrA?Toreasurer (Corporate Sea]) STATE OF IP- , COUNTY OF awo, / ss: On 20 - , before me, a notary public in and for said state personally appeared &C , personally known to me (or proved to me based upon sa ' factory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that (s)he/they executed the same in his/her/their signature on the instrument the person(s) or enti"., behalf of which they acted, executed the instrument. l?v i?u?i a a? / - Tres man, C C?r ` My commission PXP CQMMBNWr-wt4 of pmNlIUNIA NOTARIAL SEAL CHERYL R. GARMAN, Notary Public Camp Hill Boro, Cumberland County my commission Expires May 20, 2012 This Note was approved and accepted by Note Holder: Date STANDARD PROMISSORY NOTE Page 2 of 2 VERIFICATION 1, Victoria Goodwin,hereby state that I am the Plaintiff in this action and that the statements of fact made in the foregoing Complaint are true and correct to the best of my information and belief. The undersigned understands that the statements herein are made subject: to the penalties of 18 Pa. Cons. 2WL Ann. 4904 relating to unswom falsification to authorities. Date: Victoria Goodwin Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIlCltO r SHERIFF'S OFFICE OF CUMBERLAND COUNTY .` 2~ f 2 QCT 3 i PI"I 3~ I S "UF~3ER~~r:~~ i;~U~11~4' ~~~~t~~~u~'e~~6~ Victoria Goodwin Case Number vs. Jeffrey G. Decoen 2012-6353 SHERIFF'S RETURN OF SERVICE 10/16/2012 08:42 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to Vaw, states that on October 16, 2012 at 2042 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeffrey G. Decoen, by making known unto himself personally, at 410 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. ,,) ~, RONALD HOOVER, DEPUTY SHERIFF COST: $43.00 October 22, 2012 SO ANSWERS, /~ ~s 1 ~ ~ ~_ RON R ANDERSON. SHERIFF Brian K. Zellner, Esquire Hynum Law Atty. 10 #59262 2608 N. Third Street Harrisburg, PA 17110 (717)774-1357 VICTORIA GOODWIN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2012 - 6353 ~ f_"' -+ V. ~~ c; ~~ ~, ` -~ -~ rn LND of Pa, Inc. and _cx rn ~?~ JEFFREY G. DECOEN, ru ..~ . ~,~ c-, `~' Defendants v~ ~" ~ :CIVIL ACTION -LAW ~ ~ ~ , PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter judgment for Plaintiff and against the Defendants and assess damages cert~ed to be calculable as a sum certain from the Complaint. Current amount due: Attorney Fees: Costs of Court: Total Due: $11,500.00 $2,300.00 ~bl~ * per S4- 13, 8tlb.oo 1 understand that any false statements herein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to authorities. I verify that: 1. The last known address for LND of Pa, Inc. and Jeffrey G. DeCoen is 410 E. Main Street, Shiremanstown, PA 17011. 2. It is cert~ed that a written notice of intention to file this praecipe was mailed to the Defendants against whom judgment is to be entered, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. A copy of the Notice of Intent to Enter Default Judgment is attached. ~I~.sO pn ~n`/ 55(0 ~~ ~~t4 7 ~ IUsiled ~~ Brian K. Zellner, Esquire Supreme Court ID #59262 2608 North 3`~ Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Plaintiff THIS o?!o~ DAY OF 1~la1 , 2012, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS AS SPECIFICALLY NAMED BY ORDER OF COURT AND DAMAGES ASSESSED AT THE SUM OF $~;9r4i~. I3, Soo Prothonotary H LAW 2608 NORTH 3'~ STREET HARRISBURG, PA 17110 PHONE [717) 7741357 FA~i [717] 7740788 November 9, 2012 LND of Pa, Inc. and Jeffrey G. Decoen 410 E. Main Street Shiremanstown, PA 17011 actoria Goodwin v. ND of Pa., Inc. et al Dear Sirs: Enclosed please find an important notice in regard to the above-matter. Please note that you have ten (10) days from the date of the Notice to file an Answer to the Complaint or judgment may be entered against you. Very truly yours, i Brian K. Zellner, Esquire Enclosure Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 VICTORIA GOODWIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 6353 v. LND of Pa, Inc. and JEFFREY G. DECOEN, Defendants CIVIL ACTION -LAW TO: LND of Pa, Inc. and Jeffrey G. Decoen 410 E. Main Street Shiremanstown, PA 17011 Date of Notice: November 9, 2012 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 Court Administrator's Office One Courthouse Square Carlisle, PA 17013 Phone (717) 240-6200 ri n K. Zenner, Esquire HYNUM LAW Supreme Court ID #59262 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 Attorney for the Plaintiff OFFICE OF THE PROTHONOTARY OF CUMBERLAND COUNTY TO: LND of Pa, Inc. and Jeffrey G. DeCoen 410 E. Main Street Shiremanstown, PA 17011 RE: VICTORIA GOODWIN, Plaintiff v. NO. 2012-6353 LND of Pa, Inc. and JEFFREY G. DECOEN, Defendants Notice is given that a Judgment in the abov captioned matter has been ent against you on //~a(o~/a ~~ Prothonotary of Cumberland County By: Clerk or Deputy If you have any questions concerning the above case, please contact: Brian K. Zellner. Esquire Attorney for Filing Party 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 HYNUM LAW C PRO rJioNorA.. , Brian K. Zellner, Esquire 2&/3 AP R i Attorney ID#59262 #H�I 21 2608 N. 3rd St. C LIMBER i ry (717)Harrisburg, CSUiy 74-135717110 PEN�SYLV u ANIA CQU IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA GOODWIN, : NO. 2012-6353 Plaintiff, • v. • LND of Pa., Inc. and • JEFFREY G. DECOEN, • • Defendants. : CIVIL ACTION — LAW PLAINTIFF'S MOTION TO COMPEL DEFENDANTS, LND of Pa., Inc. and JEFFREY G. DECOEN, TO ANSWER THE INTERROGATORIES IN AID OF EXECUTION • AND NOW comes Plaintiff, Victoria Goodwin, by and through her Counsel, Brian K. Zellner, Esquire of Hynum Law and avers the following: 1. On or about November 26, 2012, the Plaintiff entered judgment against the Defendants, LND of Pa., Inc. and Jeffrey G. Decoen. 2. On or about November 28, 2012, the Plaintiff addressed Interrogatories in Aid of Execution to the Defendants, LND of Pa., Inc. and Jeffrey G. Decoen. 3. Plaintiff's Counsel had requested that the Defendants, LND of Pa., Inc. and Jeffrey G. Decoen, to provide Answers to her Interrogatories by letter dated January 30, 2013. 4. To date, Plaintiff has not received answers from the Defendants, LND of Pa., Inc. and Jeffrey G. Decoen, to her Interrogatories sent on or about November 28, 2012. 5. Plaintiff respectfully requests Your Honorable Court to compel the Defendants, LND of Pa., Inc. and Jeffrey G. Decoen, to answer the Interrogatories. WHEREFORE, Plaintiff respectfully requests this Court to grant Plaintiff's Motion to Compel the Defendants, LND of Pa., Inc. and Jeffrey G. Decoen, to answer the Interrogatories. Date: fnfi Brian K. Zellner, Esquire Attorney for Plaintiffs Hynum Law Attorney ID# 59262 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 ! i i CERTIFICATE OF SERVICE On this ( ` day of A? 1 2013, I certify that a copy of the foregoing document was served upon the following individuals by placing the same in the United States mail, first class, postage paid, addressed as follows: LND of Pa., Inc. and Jeffrey G. Decoen 410 E. Main Street Shiremanstown, PA 17011 Brian K. Zellner, Esquire Hynum Law 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 Attorney for the Plaintiffs r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA GOODWIN, : NO. 2012-6353 Plaintiff, --Dz?: ZZ , . -� F17 r7 FYI V. ✓T rj LND of Pa., Inc. and JEFFREY G. DECOEN, � �ti, ri Defendants. CIVIL ACTION — LAW ORDER AND NOW, this Pp day of , 2013, upon consideration of the Plaintiff's Motion to Compel Defendants, LND of Pa., Inc. and Jeffrey G. Decoen, to Answer the Interrogatories in Aid of Execution it is hereby ordered that said Motion is GRANTED. Defendants have O�'0 days from service of this Order to Answer Plaintiff's Interrogatories, or suffer possible sanctions pursuant to Pa.R.C.P. 4019. BY THE COURT: J. BDistribution: rian K. Zellner, Esquire /'LND of Pa., Inc..and Jeffrey G. Decoen, Pro Se oa'