Daily Legal News - Common Pleas Notices
937785—Nicholas Solomon, et al. vs. Halina M. Sherman aka Halina, M. Wegrzynowski, et al.
Halina M. Sherman aka Halina, M. Wegrzynowski, whose last known place of residence is 2396 Wingedfoot Drive, Westlake, Ohio 44145, otherwise whose place of residence is unknown, will take notice that on February 17, 2021, the undersigned, Nicholas A. Solomon and Alex S. Solomon, Attorney-in-Fact for Nicholas A. Solomon, filed their second amended complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that by executing the Acceptance of Assignment on February 23, 2011, defendant Sherman agreed to limit Plaintiffs' liability on the subject mortgage to the principal amount of $145,000.
Defendant Sherman breached the contract with Plaintiffs by dishonoring the limitation of liability and demanding payment of the original Zayed mortgage of $175,000 plus alleged interest and late charges totaling $197,669.
By reason of defendant Sherman's breach of contract Plaintiffs have damaged in an amount in excess of $25,000.
Plaintiffs are entitled to a court order, pursuant to O.R.C. 5303.01, declaring the balance due to defendant Sherman as of February 28, 2018 was not $197,669, rather an amount substantially lower, approximately $140,000 lower, the precise amount to be determined in an accounting; further requiring defendant Sherman disgorge all funds received by her from Plaintiffs over and above said amount and for a monetary judgment against her for such sum.
Plaintiffs allege that an actual controversy exists over the mortgage balance at the time defendant Sherman received payment, and a declaration is necessary title terminate the controversy.
Wherefore, Plaintiffs demand judgment on their Second Amended Complaint as follows:
On Counts I through VII of Plaintiffs' Second Amended Complaint, for judgment in favor of plaintiffs, Nicholas A. Solomon and Alex S. Solomon, Attorney-in-Fact for Nicholas Solomon against defendant Halina M. Sherman for an amount in excess of $25,000 in compensatory damages and award punitive and exemplary damages; and
On Count VI of Plaintiffs' Second Amended Complaint, for judgment in favor of plaintiffs Nicholas A. Solomon and Alex S. Solomon, Attorney-in-Fact for Nicholas Solomon against defendants Ola Zayed and Nick Zayed for an amount in excess of $25,000 in compensatory damages including attorneys' fees; and
On Count II of Plaintiffs' Second Amended Complaint, for judgment against defendant Shereman: (a) declaring the Sherman Note as enforced is usurious and void under applicable law and/or as a matter of public policy; (b) directing defendant Sherman repay to Plaintiffs all monies paid thereunder; and (c) awarding Plaintiffs pre-and post-judgment interest and such other relief the Court deems equitable and just.
On Count VII of Plaintiffs' Second Amended Complaint, for an accounting of all payments and credits made on the Sherman mortgage.
For reasonable attorneys' fees incurred by Plaintiffs;
For costs of the within action; and
For any other and further relief which Plaintiffs are entitled to receive at law or in equity.
The defendant named above is required to answer on or before the 17th day of August, 2021.
Nicholas A. Solomon and Alex S. Solomon, Attorney-in-Fact for Nicholas A. Solomon.
By Harold Pollock and Gregory M. Lichko, Attorneys for Plaintiff.