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HomeMy WebLinkAbout10-7874Our File No.: 294432 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC 5996 W TOUHY AVENUE NILES, IL 60714 Plaintiff, VS. WILLIAM COLEMAN 407 ALLISON AVE MECHANICSBURG, PA 17055 Defendant. 2r3, 0 OEC 28 ?,, AND COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: l0- -7 0 -7 1 fl Ul l 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. 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 BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 t-fq ?' a?sa8p1 Our File No.: 294432 IN THE COURT OF COMMON PLEAS OF ARROW FINANCIAL SERVICES LLC ) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) vs. - ) NO.: 10-7874-CIVIL c-) N w;? = = q WILLIAM COLEMAN ) Civil Action rim -?f zt*, , M Defendant ) Z:?a ::v --c -G ea o`+ s-- 7M --t ,C G -ti =C PRAECIPE FOR APPOINTMENT OF ARBITRATORS a - TO THE HONORABLE, THE JUDGES OF SAID COURT:= " Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $6220.90. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff R MARK THOMAS, ESQUIRE Benjamin J. Cavallaro, Esquire 101 S MARKET ST 520 Fellowship Road C306 MECHANICSBURG, PA 17055 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. s a y TG t, )L Al Respectf 1 Submitted, ck,k -5-3 71 Z Z` March 2, 2012 Benj in . Cavallaro, Esquire ORDER OF COURT AND NOW, , 20/? , in consideration of the foregoing petition, Esq., and 7 9-. Esq., and k?,4Mk (4. Esq., are appointed arbitrators in the above eLtptioued ]action N { as prayed for. rJ, eM `,- r-- < N , By the Court, Azv c-- Y ref- J?? ia,Lr'l )q,ssoC. - e-d )ell ?10MGtS ?? L Our File No.: 294432 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC 5996 W TOUHY AVENUE NILES, IL 60714 Plaintiff, VS. WILLIAM COLEMAN 407 ALLISON AVE MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ARROW FINANCIAL SERVICES LLC, 5996 W TOUHY AVENUE, NILES, IL 60714. 2. Defendant(s) is/are WILLIAM COLEMAN, an adult individual residing at 407 ALLISON AVE MECHANICSBURG, PA 17055. 3. Plaintiff, ARROW FINANCIAL SERVICES LLC, is the Assignee and Successor in Interest of Account # ending in 8371; and said account was issued to Defendant(s) by GE MONEY BANK, 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 $6,220.90. 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 $6,220.90 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for 1 'ntiff A Law Firm Enime in Debt Collectioi BY: Dated: 12/13/2010 David J. Apothalker, Esquire Our File No.: 294432 VERIFICATION David J. Apothaker, 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 Civil Action Complaint 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 unworn falsification to authorities. lid`J,,Apothaker, Esquire Attorney for Plaintiff DATE: 12/13/2010 ARROW FINANCIAL SERVICES LLC WILLIAM COLEMAN 407 ALLISON AVE MECHANICSBURG, PA 17055 STATEMENT OF ACCOUNT Debtor's Name: WILLIAM COLEMAN Account Number: ending in 8371 Original Creditor: GE MONEY BANK Balance Due: $6,220.90 Our File No.: 294432 EXHIBIT "A" 294432 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiff/s: Court Number: ARROW FINANCIAL SERVICES Expiration Date: LLC Type of Action: Civil Action Defendant/s: WILLIAM COLEMAN Serve Upon: WILLIAM COLEMAN Address for Service: 407 ALLISON AVE MECHANICSBURG, PA 17055 Alternate Address for Service: Type of Service: ( ) Personal (X) Adult in Charge O Deputize O Certified Mail O Posting Special Service Instructions: * * If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 SHERIFF'S OFFICE OF CUMBERLAND CO?JY ft^ILED ii'`t Ronny R Anderson P11 ,1 Sheriff Jody S Smith, . Chief Deputy - Richard W Stewart t? 0iJMBERLAii 1 x ai. , Solicitor Arrow Financial Services LLC vs. William Coleman Case Number 2010-7874 SHERIFF'S RETURN OF SERVICE 12/28/2010 07:42 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2010 at 1942 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Coleman, by making known unto himself personally, at 407 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 January 04, 2011 DENNIS RY, DEP?XY SO ANSWERS, 4" RON ,y R ANDERSON, SHERIFF ARROW FINANCIAL SERVICES, LLC IN THE COURT OF COMMON PLEAS OF 5996 W. TOUHY AVENUE CUMBERLAND COUNTY, PENNSYLVANIA NILES, IL 60714 Plaintiff VS. WILLIAM COLEMAN 407 ALLISON AVENUE MECHANICSBURG, PA 17055 Defendant NO. 10-7874 CIVIL C NOTICE TO PLEAD TO: Arrow Financial Services, LLC 5996 West Touhy Avenue Niles, IL 60714 You are hereby notified to file a written response to the enclosed Defendant's Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. R. Mark Thomas, Esquire Attorney ID No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 Fax: (717) 796-3600 Email: rmarkthomasagmail.com Attorney for Defendant ARROW FINANCIAL SERVICES, LLC IN THE COURT OF COMMON PLEAS OF 5996 W. TOUHY AVENUE CUMBERLAND COUNTY, PENNSYLVANIA NILES, IL 60714 Plaintiff : NO. 10-7874 CIVIL vs. WILLIAM COLEMAN 407 ALLISON AVENUE MECHANICSBURG, PA 17055 Defendant DEFENDANT'S ANSWER AND NEW MATTER 1. Denied. Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 2. Admitted. 3. Denied. Defendant is without sufficient knowledge, information or belief to either affirm or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. 4. Admitted in part, denied in part. Defendant acknowledges having received a one time loan through GE MONEY BANK, but denies having an account to which he could draw credit upon. 5. Denied. Defendant had previously entered into an Accord and Satisfaction Agreement with GE MONEY BANK. Therefore, there is no outstanding balance due and owing. 6. Denied. As stated above, Defendant had previously entered into an Accord and Satisfaction Agreement with GE MONEY BANK, paid the money to GE MONEY BANK, and no longer owes any money on this account. 7. Denied. Defendant has not received any demands or notices with respect to this loan since entering into the Accord and Satisfaction Agreement mentioned above. THEREFORE, Defendant, WILLIAM COLEMAN, prays this Honorable Court will enter judgment in favor of the Defendant and against the Plaintiff on this count. NEW MATTER 8. Paragraphs 1 through 7 are incorporated herein as if set forth at length. 9. Plaintiff's action is barred by the applicable statute of limitations. 10. Plaintiff's cause and action is barred due to a previous Accord and Satisfaction with respect to the amount now being claimed by the Plaintiff. Respectfully submitted, X;?? X6?? ? R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 Fax: 717-796-3600 Email: rmarkthomas@gmail.com Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties ofl 8 Pa. C. S. §4904, relating to unswom falsification to authorities. Date: W Coleman r Our file No.: 294432 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES ) LLC ) Plaintiff, ) vs. ) WILLIAM COLEMAN ) 4 Defendant. ) i'uL viE FROTHONOT?.701 i FED 22 Phi T 32 C&BERLAND COUNTY P COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-7874-CIVIL Civil Action ANSWER TO NEW MATTER Plaintiff, ARROW FINANCIAL SERVICES LLC, by and through their attorney, answers the following New Matter: 8. No responsive pleading is required. 9. Denied. Plaintiffs claim is not barred by the applicable Statute of Limitations. 10. Denied. Plaintiffs claim is not barred due to previous Accord and Satisfaction. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law FiNn Engaged in Debt Collection BY: W. Felzer, Esquire DATED: February 17, 2011 VERIFICATION Jordan W. Felzer, 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. IC an W. Felzer, Esquire mey for Plaintiff DATE: 2/17/2011 r t Our file No.: 294432 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES ) LLC ) Plaintiff, ) vs. ) WILLIAM COLEMAN ) ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 10-7874-CIVIL Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 2/17/2011, I mailed a copy of the Answer to New Matter by Regular mail to R THOMAS, ESQUIRE 101 S MARKET ST MECHANICSBURG, PA 17055 Jordan W. Felzer, Esquire Attorney for Plaintiff Date: 2/17/2011 Our File No.: 294432 IN THE COURT OF COMMON PLEAS OF ARROW FINANCIAL SERVICES LLC ) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) vs. - ) NO.: 10-7874-CIVIL WILLIAM COLEMAN Civil Action rnoo ) z? Defendant cn - cnr ?c = PRAECIPE FOR APPOINTMENT OF ARBITRATORS 3> _ =C) 'z(_ A N : TO THE HONORABLE, THE JUDGES OF SAID COURT: Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $6220.90. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff R MARK THOMAS, ESQUIRE Benjamin J. Cavallaro, Esquire 101 S MARKET ST 520 Fellowship Road C306 MECHANICSBURG, PA 17055 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ? 1 Y 31? ? ? u?j Respectfully Submitted, ck .a 3 J1 2-'d- 5 3 March 2, 2012 Benj in . Cavallaro, Esquire ORDER OF COURT AND NOW, , 20/? , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above cWtiozed action as prayed for. Lf rr) By the Court, ,- ?' - _7- ?- v' leaps rte. l??' y/??a ,,e7A? ARROW FINANCIAL SERVICES IN THE COURT OF COMMON PLEAS OF LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW WILLIAM COLEMAN, NO. 10-7874 CIVIL Defendant ORDER AND NOW, this R 'I' day of July, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Kathleen Shaulis, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, "' Kathleen Shaulis, Esquire Court Administrator rlm es 4w. /Pz,4 /ate//::t )0? rn c? =M ? z? rC ?-- -p Our File No.: 294432 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D: #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC ) Plaintiff ) VS. ) WILLIAM COLEMAN ) Defendant ) F &± ED-oma ?j THE P'RO THONO TA R T 2012 JUL 30 PM 3: 40 CUMBERLAND CCWNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7874-CIVIL Civil Action PRAECIPE TO WITHDRAW PRAECIPE FOR ARBITRATION TO THE PROTHONOTARY: Kindly withdraw Plaintiff s Praecipe for Arbitration. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benj in J. C vallaro, Esquire Our File No.: 294432 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 ;.fr ~ ~i~ PR~TMOh1tlTA`~' 2012 AUG 16 PM I~ 3G CtJ ~i.ANp COUNTY ~'~N~(SYLV~-KiA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO. 10-7874-CIVIL WILLIAM COLEMAN Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASS. IATES, P.C. Attorneys fo PI ntiff A Law Firm Engage in bt Collecti By: David J. Apoth ,Esquire Dated: 8/8/2012 * Q 2 9 4 4 3 2 D I S N 1-