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HomeMy WebLinkAbout08-6445Blatt, Hasenmiller, Lelbsker & Moore, LLC Attorney for Plaintiff, David C. Jenkins ARROW FINANCIAL SERVICES, LLC Attorney I.D. #85769 P.O. Box C3800 Southeastern, PA 19398 800-850-1079 ARROW FINANCIAL SERVICES, LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff, vs. THERESA M FREILICHER 216 N PRINCE ST SHIPPENSBURG PA 17257-1320 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. IDS- 045 NOTICE TO DEFEND 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 2134066 PPTCHDFI Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, David C. Jenkins ARROW FINANCIAL SERVICES, LLC Attorney I.D. #85769 P.O. Box C3800 Southeastern, PA 19398 800-850-1079 ext. 4151 ARROW FINANCIAL SERVICES, LLC C/o Blatt, Hasenmiller, Leibsker & Moore, LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION THERESA M FREILICHER 216 N PRINCE ST SHIPPENSBURG PA 17257-1320 Defendant(s). No. ©g"- & yy s- c ti, I COMPLAINT AND NOW comes Plaintiff, by its undersigned attorney, and complains against Defendant as follows: 1. The Plaintiff herein is ARROW FINANCIAL SERVICES, LLC, which has retained the services of Blatt, Hasenmiller, Leibsker & Moore, LLC located at P.O. Box C3800, Southeastern, PA 19398. 2. The Defendant is/are THERESA M FREILICHER, whose last known principle residence is believed to be 216 N PRINCE ST SHIPPENSBURG PA 17257-1320. 3. Defendant obtained extensions of credit on the following open-ended credit account issued by WASHINGTON MUTUAL henceforth ("Original Creditor") being known as Account Number 4559545000297730 (henceforth "Account"). 4. The Plaintiff is the assignee of the Account which was originally owned by Original Creditor. 5. An extension of credit was made by Original Creditor to Defendant in reliance of the representation of Defendant for repayment of any outstanding balance on the Account. 2134066 PPTCDEBI 6. At all relevant times material hereto, Defendant has/have used the Account for the purchase of goods and/or services. 7. The amount currently due and owing on the said Account is $10945.61, plus interest and costs associated with the Account. An affidavit of a representative of Plaintiff is attached hereto as plaintiff's Exhibit "A" and is incorporated herein by reference. 8. Despite reasonable and repeated demands for payments on the Account prior to filing this complaint, Defendant has/have refused to pay all sums due and owing on the Account. COUNT I - BREACH OF CONTRACT 9. Plaintiff incorporates the foregoing paragraphs by reference thereto. 10. Original Creditor has performed any and all conditions precedent to the bringing of this action. 11. Defendant is/are in breach of the agreement to repay the outstanding balance on the Account. WHEREFORE, Plaintiff demands judgment in its favor against Defendant in the amount of $10945.61, plus interest at the legal rate from the date of judgment plus costs and any other remedy which this Court may deem just and proper. COUNT II - ACCOUNTS STATED 12. Plaintiff incorporates the foregoing paragraphs by reference thereto. 13. Periodic billing statements on the Account were sent by Original Creditor to the Defendant by mail on a regular basis. 14. Defendant was given reasonable opportunity to examine each of the said billing statements and did not communicate any dispute of the charges to the Original Creditor. 15. The failure of Defendant to dispute the periodic billing statements constitutes an acceptance of the balance due on the Account. WHEREFORE, Plaintiff demands judgment in its favor against Defendant in the amount of $10945.61, plus interest at the legal rate from the date of judgment plus costs and any other remedy which this Court may deem just and proper. COUNT III - UNJUST ENRICHMENT 16. Plaintiff incorporates the foregoing paragraphs by reference thereto. 17. As a direct result of the receipt of the benefit of the extensions of credit given on the Account by the Original Creditor to the Defendant, Defendant has/have been unjustly enriched in the amount of $10945.61 to the detriment of the Original Creditor. WHEREFORE, Plaintiff demands judgment in its favor against Defendant in the amount of $10945.61, plus interest at the legal rate from the date of judgment plus costs and any other remedy which this Court may deem just and proper. Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: October 13, 2008 By: David C. Jenki VERIFICATION I, DAVID C. JENKINS, the undersigned attorney for the Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is presently located outside of this jurisdiction, and that in order to file the within document in an expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. David C. Jenkins P Attorney for Plaintiff PPTXVERI Exhibit "A" PPTXEXAI STATE OF ILLINOIS COUNTY OF COOK The undersigned, being duly sworn, deposes and states that he/she is an employee/agent of: Arrow Financial Services, LLC and has knowledge of the account balance, and is duly authorized to make this affidavit. Affiant states that the amounts shown below are taken/calculated from the original books and records of the above named plaintiff as well as from information provided to Arrow Financial Services, LLC by WASHINGTON MUTUAL, and based on information and belief, affiant states that the amount due to Arrow Financial Services, LLC by THERESA M FREILICHER for funds advanced to defendants(s) or paid to another at defendant(s) request, or for goods or services provided to defendant(s) or to another at defendant's request, is the following on the following account(s) as of 06-11-08: CREDITORIACCOUNT NUMBER CURRENT BALANCE Arrow Financial Services, LLC 4559545000297730 $10945.61 Affiant states that the amount shown above is true and correct to the best of his/her knowledge. Further affiant sayeth not. Subscribed and Sworn to Before me y .A) O day of _ ,20 Affiant Notary Public My Commission Expires: CEF ,tPvh ATitle NOTARY PUBLIC - S f""i c GI' ILL I i01S MY COMMISS1Oi: ",X., 1-S 1 20110 Date of Service:_/20 Reference #: 2134066 Forwarder ID#: Account#: 4559545000297730 BAFFAFSL(11/02 )EEO ARROW FINANCIAL SERVICES LLC I hi?i Iii III III ?I 8?1 IIII IHiI illy Ilil I I I I I III I 4L {C-) rv 7" 03 f ? 7,7 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, David C. Jenkins ARROW FINANCIAL SERVICES, LLC Attorney I.D. #85769 P.O. Box C3800 Southeastern, PA 19398 800-850-1079 ARROW FINANCIAL SERVICES, LLC C/o Blatt, Hasenmiller, Leibsker & Moore, LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff, VS. THERESA M FREILICHER 216 N PRINCE ST SHIPPENSBURG PA 17257-1320 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. M - (o44S Civil (erK PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF ARROW FINANCIAL SERVICES, LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC P.O. Box C3800 Southeastern, PA 19398 Telephone Number: 1-800-850-1079 ext. 4151 Dated: October 13, 2008 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC By: David C. Jenki 2134066 PPTXPEAI j rn Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Daniel Santucci ARROW FINANCIAL SERVICES, LLC Attorney I.D. #92800 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800-850-1079 ARROW FINANCIAL SERVICES, LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Plaintiff, VS. THERESA M FREILICHER 1003 KESSLER DR SHIPPENSBURG PA 17257-1320 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 08-6445 PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly WITHDRAW the Complaint filed in the above-captioned matter, WITHOUT prejudice. Dated: February 17, 2009 Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC By: Daniel Santucci 2134066 PPTJPWCI `-, ' - ' -, -mt ?? i Wr; "- ; r ?.-..? 4?J ; t __ C.?3 ?`? ?- ?« - ,.