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Home My WebLink About08-6446• Blatt, 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, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION Vs. ELWOOD R WESTHAFER 499 RICH VALLEY RD CARLISLE PA 17015-9076 Defendant(s). No. b$ - bq qq Civ a (tl r*.- 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 2117883 PPTCHDFI 4 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. ELWOOD R WESTHAFER 499 RICH VALLEY RD CARLISLE PA 17015-9076 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. Q ?_ , 6 qy (6 CNr`I cra. 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 ELWOOD R WESTHAFER , whose last known principle residence is believed to be 499 RICH VALLEY RD CARLISLE PA 17015-9076. 3. Defendant obtained extensions of credit on the following open-ended credit account issued by BANK OF AMERICA, N.A. henceforth ("Original Creditor") being known as Account Number 4888937995815778 (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. 2117883 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 $9239.40, 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 $9239.40, 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 $9239.40, 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 $9239.40 to the detriment of the Original Creditor. WHEREFORE, Plaintiff demands judgment in its favor against Defendant in the amount of $9239.40, 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. Jenkin 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. ??O David C. Jenkins 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 BANK OF AMERICA, N.A., and based on information and belief, affiant states that the amount due to Arrow Financial Services, LLC by ELWOOD R WESTHAFER 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 06-09-08: CREDITOR/ACCOUNT NUMBER CURRENT BALANCE Arrow Financial Services, LLC 4888937995815778 $9239.40 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 of ,20 Notary Public My Commission pines: "Q jfj L S q??? Marla A Mackey Notary Public, State of i linois Commission Expires 6/12/2011 Date of Service: / /20 Af lant Title Reference #: 2117883 Forwarder ID#: Account #: 4888937995815778 BAFFAFSL(11/02 )HT3 ARROW FINANCIAL SERVICES LLC III I?III?NIIIIII , ,. ¢? c11 0 rY ? o 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. ELWOOD R WESTHAFER 499 RICH VALLEY RD CARLISLE PA 17015-9076 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 68 - (aqq 4 &V%(-(er*V 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. Jen ' s 2117883 PPTXPEAI n ? t? y- c? -r-? -- , t`? .. ca c ? ? -,? ? c.? ?,?; ?? . p J A.? ' I ? __ _ _?•, tr.=? {''fi't <_ ?? ?? C.J ? ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARROW FINANCIAL SERVICES LLC VS WESTHAFER ELWOOD R SHANNON K SHERTZER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE WESTHAFER ELWOOD R the DEFENDANT , at 0014:05 HOURS, on the 1st day of November-, 2008 at 499 RICH VALLEY RD CARLISLE, PA 17015-9076 by handing to ELWOOD R WESTHAFER DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. , Sheriff or Deputy Sheriff of was served upon Sheriff's Costs: Docketing Service Affidavit Surcharge i 1/11 It) 18.00 14.00 .00 10.00 .00 42.00 So Answers: Sworn and Subscibed to before me this day R. Thomas Kline 11/06/2008 BLATT HASENMILLER LEIBSKER By: eSher ff of A. D. Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800-850-1079 ext. 4151 Attorney for Plaintiff, ARROW FINANCIAL SERVICES, LLC ARROW FINANCIAL SERVICES, LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Plaintiff, Vs. ELWOOD R WESTHAFER 499 RICH VALLEY RD CARLISLE PA 17015-9076 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 08-6446 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD TO THE PROTHONOTARY: Kindly ENTER a JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD against the DEFENDANT ELWOOD R WESTHAFER in this matter in the amount of $9239.40 plus court costs. I also hereby certify that a true and correct copy of the Notice required by Pa.R.C.P. 237.1(a)(2) was mailed separately to each defendant on 3-11-09 by regular mail. A true and correct copy of each Notice is attached hereto. Dated: April 1, 2009 2117883 PPTJPFJI By: I 11111111 IHII N IIII ICI ?1 ?I I? I?? ?I IIII IIII IIII Respectf ully submitted, Blatt, Hasenmiller, Lelbsker & Moore, LLC Daniel Santucci 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. ELWOOD R WESTHAFER 499 RICH VALLEY RD CARLISLE PA 17015-9076 Defendant(s). Attorney for Plaintiff, ARROW FINANCIAL SERVICES, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 08-6446 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Daniel Santucci, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HAS MILLER, LEIBSKER & MOORE, Dated: April 1, 2009 By: 2117883 PPTJCAMI 111111111111 IIIII 11111111111111111111111111111111111111111111 IN 111111111 ARROW FINANCIAL SERVICES, LLC I Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ELWOOD R WEMAFER 499 RICH VALLEY RD CARLISLE PA 17015-9076 Defendant(s). CIVIL ACTION No. 08-6446 CIVIL TERM TO: ELWOOD R WESTHAFER Date of Notice: March 11, 2009 IMPORTANT NOTICE 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 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 BLATT, HAS ILLER, LEIBSKER & MOORE. By: Darnel Santucci 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 BW-850-1079 x 4151 This is a communication from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2117883 PPTNLRSI 1 I1 11M'mIIN11 CF THE r`'')7,f(?N0TARY 2009 APR IS PIN 3': 13 CiCJI'1?3 N17''4 *14.oo Po AT l de oloa I I R3'* aa:57 81 .? .46 ARROW FINANCIAL SERVICES, LLC Plaintiff, vs. ELWOOD R WESTHAFER Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. No. 08-6446 CIVIL TERM TO: ELWOOD R WESTHAFER NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. Ae* K. ROTHONOTARY Dated: lS 09 By: IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Attorney of Record for Plaintiff: Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 P.O. Box C3800 Southeastern, PA 19398 800-850-1079 2117883 PPTNDJNI