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HomeMy WebLinkAbout10-4545` r 2086005 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. ,,.. ~~~-~~- BY: FREDERIC I. WEINBERG, ESQUIRE ``~ TE~~. ' ` '~~`•~~ Identification No.: 41360 ~~~~ i~_ -~ ~'~ v: ~~ -_ JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 ,,, rt ,, f ,. ,. _ Conshohocken, PA 19428 rc~~~~._ a4r ~.,.,N, 484/351-0500 ARROW FINANCIAL SERVICES LLC 5996 W. Touhy Avenue Niles, IL 60714 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. GEORGE GREEN 5151 E TRINDLE RD MECHANICSBURG PA 17050-3624 and TINA FLAWD 5151 E TRINDLE ROAD MECHANICSBURG PA 17055 DOCKET N0. Io - 4S~S ~-~`v~~ 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 JUDGEMENT 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ~Qot. 0 p P 4 ATT`/ ~~ X93 ~ a~y4~a COMPLAINT IN CIVIL-ACTION 1. Plaintiff, ARROW FINANCIAL SERVICES LLC a debt buyer and successor in interest to the original creditor, WELLS FARGO FINANCIAL INC. 2. Defendant(s), GEORGE GREEN andTINA FLAWD is/are adult individual(s) residing at the address above captioned. 3. The original creditor and Defendant(s) entered into a closed end motor vehicle lease contract which required Defendant(s) to make monthly payments for the utilization of the vehicle. 4. The original creditor has assigned the account of the Defendant(s) to the plaintiff. 5. Defendant(s), defaulted on the terms of the lease resulting in an amount due of $15,916.77 as of 6/10/10. 6. Attached hereto and incorporated herein by reference as Exhibit "A" is an affidavit of account, if available. 7. Despite repeated demand Defendant(s) has/have refused, failed ans till refuses to tender payment on this outstanding obligation. 8. Defendant's last payment on account was made on 10/2/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $15,916.77 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINB G, ESQUIRE JOEL M. FLIN QUIRE Attorney for Plaintiff POlN.DB2 f 2086005 41206281 Arrow Financial Services, LLC GEORGE GREEN andTINA FLAWD 50237300353749001 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. ~~~~~~~ 2086005 ARROW FINANCIAL SERVICES, LLC GEORGE GREEN and TINA FLAWD 50237300353749001 State of Illinois § § County of Cook § AFFIDAVIT I, , sing duly served sworn according to law, depose and say that: 1. I am employed as the legal outsourcing clerk for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case and base this affidavit on Plaintiff's records, as well as the 8000Unt information provided to Plaintiff by WELLS FARGO FINANCIAL INC when WELLS FARGO FINANCIAL INC Sold th@ account to Arrow Financial Services, LLC. 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $10,275.28 plus intezeat of $5,352.65 at the rate of 18$ less credits in the amount of $.DO totaling $15,627.93 as of April 14, 2010. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. ~~/D AFFIANT Sworn to and Subs befor~ me this ~ day 2010 ~..;..; ; of Ulinois ~;;;r,r,~ission Expires 1~~ 3~ SHERIF 'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff ~IIE~~' ~ ' '`J~ n ~s~~titr of £u~rtbcx~~ ~ ~~ ~ `[" .3-,~ (,> ~rz~s^Y Jody S Smith r Chief Deputy ~~~~,` 7Q~Q ~1~~ ~ 3 ~k~~ ~a ~ ~ ~"tt.~,.,..~-,.~ Richard W Stewart Solicitor ~rlce ~ ~ ,~~ s~~RiFF ~t i~~ ~ v s\"~..V ri°v~? Arrow Financial Services LLC Case Number vs. 2010-4545 George Green (et al.) SHERIFF'S RETURN OF SERVICE 07/12/2010 03:32 PM -Michael Ba rick, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2010 at 1532 hours, h served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Geor a Green, by making known unto himself personally, at 5151 E. Trindle Road, Mechanicsburg, Cumb nand County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. I AEL BAR K, DEPUTY 07/12!2010 03:32 PM -Michael 62 2010 at 1532 hours, he defendant, to wit: Tina Road, Mechanicsburg, handing to him person SHERIFF COST: $53.00 July 13, 2010 rick, Deputy Sheriff, who being duly sworn according to law, states that on July 12, served a true copy of the within Complaint and Notice, upon the within named ~lawd, by making known unto George Green, adult in charge at 5151 E. Trindle Cumberland County, Pennsylvania 17055 its contents and at the same time Ily the said true and correct copy of the same. ~jJ MIICHAEL BARRICK, DEPUTY \ SO ANSWERS, ~~"` RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoff, Inc. CORDON & WEINBERG, P.C. FY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 0 - = ARROW FINANCIAL SERVICES LLC 5996 W. Touhy Avenue N.Lles, IL 60714 VS. s GEORGE GREEN 5151 E TRINDLE RD = MECHANICSBURG PA 17050-3624 and TINA FLAWD 5151 E TRINDLE ROAD MECHANICSBURG PA 17055 and metro Bank 65 Ashland Avenue Carlisle, PA 17013 CARNISHEE TO THE PROTHONOTARY: 2086005 .r) k?l.If`It? art`-',Is 20113CT 3 1 P 3: '3 r Ul'IBERLAND COUP T'i' PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4545 PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against GEORGE GREEN and TINA FLAWD defendant(s)and (2) against Metro Bank garnishee(s) (3) AMOUNT DUE $16,231.00 INTEREST from August 25, 2010 $1,069.84 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $600.00) TOTAL L% cib, 60b . 5 3. F °laW ulI 1(4 mtt - l scp3).00 FRED ERIC I. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE .*aeb¢d Attorney for Plaintiff 4G. 8D L C. c, , Iqa p a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4545 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ARROW FINANCIAL SERVICES LLC Plaintiff (s) From GEORGE GREEN & TINA FLAWD, 5151 E. TRINDLE ROAD, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 and to notify the garnishee(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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$15,631.00 L.L. $.50 Interest FROM AUGUST 25, 2010 - $1,069.84 Atty's Comm % Atty Paid $186.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: OCTOBER 31, 2011 (Seal) Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 s Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY l2 MAy F 7 Phi 2: 31 IMIBEkLAHD °Emt4SYLVA'mm Arrow Financial Services LLC Case Number vs. George Green (et al.) 2010-4545 SHERIFF'S RETURN OF SERVICE 11/04/2011 03:04 PM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank at 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to AUDREY BISTLINE, SR. CUSTOMER SERVICE REP., personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 7, 2011 to George Green & Tina Flawd at 5151 E. Trindle Road, Mechanicsburg, PA 17055. 05/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.59 SO ANSWERS, May 17, 2012 RON R ANDERSON, SHERIFF p? ? ) 5'341 C'?cui? ?iteShe Tt s;ott.In?