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Home My WebLink About08-3260,.. Our File No.: 161226 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. LONNIE SNYDER 54 WALNUT DALE RD SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: J)8 - 3a (0o Ci-4 t, 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 (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 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 BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. LONNIE SNYDER 54 WALNUT DALE RD SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: d k - 3a 4,6 eu;' l 7?1 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 214520, Philadelphia, PA 19114. 2. Defendant(s) is/are LONNIE SNYDER, an adult individual residing at 54 WALNUT DALE RD SHIPPENSBURG, PA 17257. 3. Plaintiff, ARROW FINANCIAL SERVICES LLC, is the Assignee and Successor in Interest of Account #0370601100169827; and said account was issued to Defendant(s) by REV CHARGER XL, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $5,413.70. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,413.70 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm bftaged in Debt Collection BY: Dated: 5/16/2008 Our File No.: 161226 I . VERIFICATION David J. Apothaker, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: 5/16/2008 ARROW FINANCIAL SERVICES LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 LONNIE SNYDER 54 WALNUT DALE RD SHIPPENSBURG, PA 17257 STATEMENT OF ACCOUNT Debtor's Name: LONNIE SNYDER Account Number: 0370601100169827 Original Creditor: REV CHARGER XL Balance Due: $5,413.70 Our File No.: 161226 EXHIBIT "A" J R a '6h 0013 cn O b == i w c. r?.a l? Q) -r. iY ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-03260 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARROW FINANCIAL SERVICES LLC VS SNYDER LONNIE DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SNYDER LONNIE the DEFENDANT , at 1636:00 HOURS, on the 28th day of May , 2008 at 54 WALNUTDALE ROAD SHIPPENSBURG, PA 17257 TERRY PRICE, GIRLFRIEND by handing to ADULT IN CHARGE 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: So Answers: Docketing 18.00 ?. Service 18.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 46 00 05/29/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: before me this day eputy S ri f of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA ARROW FINANCIAL SERVICES, LLC. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff : No. 08-3260 Civil Term : Civil Action - Law vs LONNIE SNYDER 54 Walnut Dale Road Shippensburg, PA 17257 Defendant NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. H. Anthony Adams, Esquire (215502) Attorney for Defendant 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717) 532-3270 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA ARROW FINANCIAL SERVICES, LLC. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff vs LONNIE SNYDER 54 Walnut Dale Road Shippensburg, PA 17257 Defendant No. 08-3260 Civil Term Civil Action - Law ANSWER Now comes the Defendant, Lonnie Snyder, by and through his attorney, H. Anthony Adams and sets forth the following: 1. Admitted 2. Admitted 3. Admitted 4. Denied, Defendant purchased a four wheeler (ATV) from Twigg Cycles of Hagerstown, Maryland for which he paid in full. 5. Denied, the Defendant paid to Plaintiff's predecessors an amount believed to be in excess of $5,670.00 and also returned the four wheeler vehicle to Twigg Cycle. Further, Exhibit "A" of Plaintiff's complaint is not a stated account. 6. Denied, no accounting of any type has ever been given to Defendant and Defendant has paid an amount in excess of the value of the property. 7. Denied, no demand has been made upon Defendant. NEW MATTER 8. The debt owed by Plaintiff has been satisfied by payment. 9. The interest fee and other costs by Plaintiff were usurious and the Plaintiff is therefore estopped from further action. 10. The statute of limitation to proceed with this civil action expired prior to the filing of the complaint. 11. The matter is already before the Court at No. 06-4141 and this action fails to include Twigg Cycles, Inc. an indispensable party to this matter. Wherefore, Defendant prays that the Honorable Court dismiss the Plaintiffs Complaint. Respectfully submitted, -R.-Anthony ms, Esquire Attorney for Defendant 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: _ LO IE SNYDER VIA Our file No.: 161226 AP,OTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 215-634-8920 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 08-3260 VS. LONNIE SNYDER Plaintiff, Defendant. Civil Action ANSWER TO NEW MATTER Plaintiff, ARROW FINANCIAL SERVICES LLC, by and through their attorney, answers the following New Matter: 8. Denied. Defendant owes the amount claimed in the complaint. 9. Denied. It is specifically denied that the interest charges and/or costs assessed by Plaintiff were in any way usurious. 10. Denied. Plaintiff's claim is not barred by the applicable statute of limitations. 11. Denied. Plaintiff has not failed to join an indispensible party. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection Limb rly . Scian, Esquire DATED: July 9, 2008 VERIFICATION Kimberly F. Scian, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information, and belief The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Scian, Esquire r Plaintiff DATE: 7/9/2008 Our file No.: 161226 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff ARROW FINANCIAL SERVICES LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. LONNIE SNYDER Defendant. NO.: 08-3260 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 7/9/2008, I mailed a copy of the Answer to New Matter by Regular mail to H ANTHONY ADAMS, ESQUIRE 49 WEST ORANGE STREET, SUITE 3 SHIPPENSBURG, PA 172; Date: 7/9/2008 ` C m Cr Our File No.: 161226 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire ,attorney I.D.# 38423 ` 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff ARROW FINANCIAL SERVICES ) LLC ) Plaintiff, ) vs. } LONNIE SNYDER ) Defendant. ) fi c~ ~~. ~ v ~'. ' ~..` COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-3260 PRAECIPE TO DISMISS WITHOUT PREJiJDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Pl ' ff A Law Firm Engaged ' e t Collection By: David J. Apothaker, Esquire Dated: 7/23/2010