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HomeMy WebLinkAbout09-3089i 2058448 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: REDERIC 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 ARROW FINANCIAL SERVICES LLC 5996 W. Touhy Avenue, Niles, IL 60714 VS. TERESA C STEIGLEMAN 1 SGRIGNOLI LN ENOLA PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Qq - SCSI Cl,,;(ice 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, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, ARROW FINANCIAL SERVICES LLC a debt buyer and successor in interest to the original creditor, GE CAPITAL. 2. At all times relevant hereto, the defendant (s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit card. 4. The defendant (s) received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the original creditor. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of 3/26/09 in the amount of $1,625.08. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. j 7. Defendant's last payment on account was made on 7/17/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,625.08 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POIP.DB 2058448 2783554 Arrow Financial Services, LLC TERESA C STEIGLZMAN C77NO3130370579 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. 54904.which provides for certain penalties for making false statements. EXHIBIT "A" 1 TERESA C STEIGLENAN C77NO3130370579 State of Illinois County of Cook 2058448 Arrow Financial Services, LLC S AFFIDAVIT I, lel ?c , being 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 account information provided to Plaintiff by -GE CAPITAL when GE.•CkPITAL sold the account to Arrow Financial Services, LLC. 3. Plaintiff's files are maintained in the usual and ordinary course of business; -;*.- 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 ,495,96 plus interest of $1.57 at the rate of 18% less credits in the amount of $,00 totaling $1,597.53 as of February 19, 2009. 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. AFFIANT Sworn to, and Subscribed before me this c:27day of 2 09 Notary Pub_ "OFFOAL SEAL Z Gearmen Izdou Notary Public, State of Illinois y Commission Expires 10/16/2012 Q 2009 M:, 4 Pit w: 06 , 17 419.5o Pp AT7Y El+ Sheriff s Office of Cumberland County R Thomas Kline ?aptr of Eulabrr Edward L Schorpp Sheri` Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF4E OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/21/2009 06:22 M - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 20 at 1822 hours, he served a true copy of the within Complaint and Notice, upon the within named defend nt, to wit: Teresa C. Steigleman, by making known unto Teresa C. Steigleman personally, at 1 Sgrign li Lane, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $40.60 May 22, 2009 2009-3089 Arrow Fine Svcs. v Teresa Steigleman SO ANSWERS, ~ R THOMAS/ (I INE, SHERIFF rv c: c -y i C-0 LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Defendant ARROW FINANCIAL SERVICES, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TERESA C. STEIGLEMAN, Defendant Civil Action - No. 09-3089 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Teresa C. Stegleman, Defendant in the above matter. Papers may be served at the address set forth below. Robert M. ker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 (717) 761-1201 (Fax) Attorney for Defendant t ' 2 0 0 9 JU1 19 Fl- LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Defendant ARROW FINANCIAL SERVICES, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TERESA C. STEIGLEMAN, Defendant Civil Action - No. 09-3089 DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER AND NOW, Defendant, Teresa C. Steigleman, by and through her undersigned attorney, Robert M. Walker, submits the following Answer and New Matter to Plaintiffs Complaint and in support thereof avers the following: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 1. Said averments are therefore denied. 2. Admitted in part, denied in part. Paragraph 2 makes reference to "a credit card" and therefore Defendant has some uncertainty as to the specific credit card in question, although Defendant was previously contacted directly by Plaintiff in regards to a credit card issued by G.E. Capital, and for the purpose of this answer, it is possible that Plaintiff is referring to a G.E. Capital credit card. It is admitted that a credit card may have been issued by G.E. Capital and that the card extended "credit facilities" to Defendant, as Defendant understands the meaning of that term. 3. Admitted in part. It is admitted that Defendant accepted and used a credit card originally issued by G.E. Capital. The remainder of the averments of Paragraph 3 are conclusions of law to which no response is required. 4. Admitted in part, denied in part. It is admitted that Defendant received and accepted goods and merchandise or accepted services or cash advances through the use of a G.E. Capital credit card. Plaintiff failed to attach the Statement of Account referred to in Paragraph 4 therefore any reference to a Statement of Account is denied. 5. Denied. After reasonable investigation, Defendant is without knowledge as to the precise amount or balance allegedly due on any such credit card. The averments of Paragraph 5 are also denied because Plaintiff has failed to include with its Complaint the Statement of Account referenced in Paragraph 4 above. 6. Admitted in part, denied in part. It is admitted that Plaintiff has, from time to time, made demands upon Defendant for payment of alleged balances due. It is denied that Defendant has failed and refused to pay the same or any part thereof. 7. Denied. After reasonable investigation, Defendant is without knowledge as to the precise amount or balance allegedly due on any such credit card. The averments of Paragraph 7 are also denied because Plaintiff has failed to include with its Complaint the Statement of Account referenced in Paragraph 4 above. NEW MATTER 8. Defendant denies Plaintiffs claims for attorneys' fees as stated in the Wherefore clause of the Complaint since there is no basis in law or fact for such claim, nor is any basis alleged for such claim, nor is there any reference to any law or regulation which entitles Plaintiff, nor has Plaintiff attached any agreement to the Complaint suggesting possibility for attorneys' fees. 9. Defendant hereby demands that this dispute be referred to a Board of Arbitrators pursuant to the Cumberland County Rules of Procedure. 10. Defendant had a credit card originally issued by G.E. Capital and Defendant, during the time said card was used, sent payments on account to various entities, including G.E. Capital, any or all of whom may be indispensible parties in this action. 11. Defendant has destroyed the credit card believed to be at issue, and has not made charges thereto for many months. 12. Defendant has been unable to make payments on any credit card because of physical infirmities and lack of income occasioned by her inability to pursue her occupation as a certified nursing assistant. WHEREFORE, Defendant demands dismissal of Plaintiff's Complaint, at Plaintiffs cost. Respectfully submitted, Date: ?' L14 - By: Robert MAValker, Esquire Court I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Defendant CERTIFICATE OF SERVICE I certify that on this day I served a copy of the foregoing document via first-class U.S. mail, postage prepaid, which service satisfies the Pennsylvania Rules of Civil Procedure, addressed to: Frederic I. Weinberg, Esquire Joel M. Flink, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Robert M. Iker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 (717) 761-1201 (Fax) Attorney for Defendant VERIFICATION I, Teresa C. Steigleman, hereby verify that all the averments of fact contained in the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint 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 of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: Teresa C. ,, 3 „ i ` ) VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statemer.~ts herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEI ESQUIRE 2058448 GORDON & WEINBERG, P.C. BY: 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 ARROW FINANCIAL SERVICES LLC vs. TERESA C STEIGLEMAN COURT OF COMMON PLEAS CUMBERLAND COU2JTY DOCKET NO. 09-3089 PLAINTIFF'S REPLY TO NEW MATTER 8-10. Denied. These averments are conclusion of law which require no response under the applicable Rules of Civil Procedure. However, these averments are denied and strict proof thereof is demanded at the time of trial. 11-12. Denied. After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments. Therefore, they are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant(s) as set forth in plaintiff's Complaint. GORDON & WEINBERG, P. C'. BY: FREDERIC I. NE3ERG, ESQUIRE JOEL M . FLINK, E;iQUIRE Attorney for Plaintiff CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEI RE Dated: '~ 'U1~~~ MARC R. GORDON FREDERIC I. WEINBERG' JOEL M. FLINK' CHRISTOPHER S. FROBA' 'Also member NJ Bar A t t o r n e y s a[ L a w June 29, 2009 1200 LAUREL OAK ROAD SUITE 104 VOORHEES, NJ 08043 Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 RE: ARROW FINANCIAL SERVICES LLC Our File No. 2058448 Dear Sir/Madam: vs. TERESA C STEIGLEMAN Enclosed for filing please find an original and two copies of Plaintiff's Reply to New Matter with regard to the above matter. Kindly file same with the Court and return atime- stamped copy in the enclosed self-addressed stamped envelope provided herein for your convenience. Thank you for your attention to this matter. 1001 E. HECTOR STREET SUITE 220 CONSHOHOCKEN; PA 19428 PHONE: (484) 351-0500 FACSIMILE: (484) 351.0507 TOLL FREE: (866) 465-8087 (Repl y to PA office) Very truly yours, GORDON &WEINBERG, P.C. /s/ Frederic I. Weinberg FREDERIC I. WEINBERG, ESQUIRE FIW/EHC cc: Robert M. Walker, Esq. (w/encl.) www. gordonweinberg. com FiI~~3-~~~-i~~G' OF 7h~ ,~~,~:,,,~,,~~,T~"~RY 2009 JL~L -2 ~r~i ~ ~ ~ ~ 3 '7) 2058448 M '�° GORDON. & WEINBERG P.C. - BY: FREDERIC I . WEINBERG, ESQUIRE CD Identification No. : 41360 _ , C-D JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ARROW FINANCIAL SERVICES LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. 09-3089 TERESA C STEIGLEMAN °— PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I . W INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on . the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDEkrl. WEINBERG, ESQUIRE Dated ���(