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Home My WebLink About03-0370IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD LEASING CO. Plaintiff VS. LARRY E. DARON, JR. Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D.//47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02737879 IN THE COURT OF COMMON PLEAs CUMBERLAND COUNTy, FIFTH THIRD LEASING CO. CIVIL DIVISION PENNSYLVANIA Plaintiff VS. LARRy E. DARON, JR. No. 03 -,,2'7b Defendant You have COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND entering a wntten, blen 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 defenses or object~onPs to the clmms set forth against you. You are warned that if Pearance .personally or by an attorney and filing in writi not/ce are served, by '~y~gu with the court your may proceed without you and a judgment may be entered against you by the court without further notice fail to do so the case 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1. Plaintif£ is a corporation With offices at 38 Fountain Square Plaza, Cincinnati, OH 45263. 2. Defendant is an adult individual residing at 3166 Ritner Highway, Newville, PA 17241. 3. On or about September 15, 1998, the paxties entered into a written Closed-End Lease Agreement (hereinafter referred to as the Agreement ,) for the lease of a 1999 Toyota Tacoma, more particularly identified in the Agreement, a true and correct COpy of Which is attached hereto, marked as Exhibit ,,1 ,, and made a part hereof. 4. By/he terms of the Agreement, Defendant was to make 60 (sixty) payments of $257.57, COmmencing September 16, 1998, and to pay certain license fees due at the inception of the lease and during the lease term. 5. The terrns of said Agreement provide for termination upon satisfaction by Defendant of all obligations provided thereunder and upon the return of the vehicle by Defendant to Plaintiff at the end oF the lease term, Which term Would end 60 (sixty) months after it COmmenced. 6. Plaintiff avers that Defendant defaulted under the terms of the Lease Agreement by failing to make pa3anent to Plaintiff as promised. 7. Due to the Defendant,s default Under the Agreement, Plaintiff exercised its right to terminate the Lease. 8. After calculating the early termination charges due Plaintiff pursuant to the terms of the Lease, Plaintiff avers that a balance °f$3,878.06 as °fDecember I0, 2002 is due from Defendant. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, interest or any part thereof to Plaintif£ WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Larry E. Daron, Jr., individually, in the amount °f$3,878.06 with continuing interest thereon at the legal rate 6.00% per annum from December 10, 2002 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANy INFORMATION OBTAINED SHALL BE USED FOR THAT PURPosE. WELTMAN, WE1NBERG & REIS, CO., L.P.A. WELTMAN, WEINI~ERG& REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02737879 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that be/she is Laura Balside Ass/stant Vice President ~ of (Name) (Company) plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Complaint are true and correct to the best of his/her knowledge, information and belief.. L. T. BALSIDE WWR# 0273 7879 5/3 Account No. 52316843500018 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00370 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIFTH THIRD LEASING CO VS DARON LARRY E JR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DARON JR LARRY E the DEFENDANT at 3166 RITNER HIGHWAY , at 0926:00 HOURS, on the 3rd day of February , 2003 NEWVILLE, PA 17241 PATTY DARON, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~/~ day of A.D. So Answers: R. Thomas Kline 02/04/2003 WELTM3kN WEINBERG REIS Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD BANK Plaintiff VS. LARRY E. DARON, JR. Defendant No. 03-370 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #~7437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02737879 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD BANK Plaintiff VS. LARRY E. DARON, ,JR. Defendant Civil Action No. 03-370 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Larry E. Daron, Jr., above named, in the default of an Answer, in the amount of $3,937.98 computed as follows: $3,878.06 Amount claimed in Complaint Interest from 12/10/02 to 3/14/03 at the contract interest rate of 6% per annum TOTAL $59.92 $3,937.98 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. pW~ll.a~ ¢f~7~4~lczan" Esq ~r'~ WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 NWR#02737879 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2601 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 3166 Ritner Highway, Newville, PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD BANK Plaintiff VS. LARRY E. DARON, JR Defendant TO: Larry E. Daron, Jr. 3166 Ritner Highway Newville, PA 17241 Civil Action No. 03-370 CIVIL TERM IMPORTANT NOTICE Date of Notice: _~- ~L,,~ _~//?...~ 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan ~ PA I.D. #~t7437 ~ WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02737879 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. ~Yi:lliam T. Molczan, Esqu e//' PA I.D. #47437 // WELTMAN, WEINBERG ~ REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02737879 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD BANK Plaintiff VS. LARRY E. DARON, JR. Defendant No. 03-370 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (PERSONAL PROPERTY EXECUTION ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA, I.D.~47437 WELTMAN, WEINBERG & REIS CO., L~P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02737879 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIFTH THIRD BANK Plaintiff vs. Civil Action No. 03-370 CIVIL TERM LARRY E. DARON, JR. Defendant PRAECIPE FOR WRIT OF EXECUTION (PERSONAL PROPERTY EXECUTION ONLY} TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Cumberland County: 2. against Larry E. Dm:on, Jr., Defendant 3. Judgment Amount Interest at the rate of 6% per annum from 3/24/03 to 8/25/03 SUBTOTAL: Costs (to be added by Prothonotary): WELTMAN, WE1NBERG & REIS CO., L.P.A. PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsbttrgh, PA 15219 (412) 434-7955 $3,937.98 $99.69 $4,037.67 $ WWR#02737879 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-370 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIYTIt TItIRD BANK Plaintiff (s) From LARRY E. DARON, JR, 3166 RITNER WAY, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the ganfishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirrffher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3937.98 L.L.$ .50 Interest 6% PER ANNUM FROM 3/24/03 TO 8/25/03 = $99.69 Atty's Comm % Due Prothy $1.00 Atty Paid $26.50 Other Costs Plaintiff Paid Date: 9/23/03 (SeaB REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE CURTIS R. LONG Pr°th°~tafy.,t . Address: 2718 KOPPERS BUILDING, 436 SEVENTH AVENUE, PITTSBURG, PA 15219 Attorney for: FIFTH THIRD BANK Telephone: (412) 434-7955 Supreme Court ID No. 32317 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 1.33 1.50 6,90 20.00 20.00 $ 67.73 Advance Costs: 150.00 Sheriff's Costs: 67.73 $ 82.27 Refunded to Atty on 12/31/03 Sworn and Subscribed to before me This/~-'C~- day t Prothonotary R. Thomas Kline, Sheriff By Claudia A. Brewbaker