HomeMy WebLinkAbout09-46592059807
THIS IS AN ARBITRATION MATTER.
ASSESSMENT OF DAMAGES HEARING REQUIRED.
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
6351 W. Touhy Avenue
Niles, IL 60714
vs.
AARON SICA
24 W MAIN ST APT 2
CAMP HILL PA 17011-6326
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO
• oq - 4(059 cNOTICE
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, HSBC BANK NEVADA
N.A..
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 merchand-
ise 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 May 14, 2009 in
the amount of $1,634.97.
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.
7. Defendant's last payment on account was made on 5/16/08.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,634.97 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. EINBERG, ESQUIRE
JOEL M. L K, ESQUIRE
Attorney for Plaintiff
P01P.DB
M
2059807
43793561
Arrow Financial Services, LLC
AARON SICA
7001191701461890
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.
EXHIBIT "A"
2059807
ARROW FINANCIAL SERVICES, LLC
AARON SICA
7001191701461890
State of Illinois
County of Cook §
LZv AFFIDAVIT
that: I ?n G O?-.?
, being duly served sworn according to lave, depose and say
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 HSBC BANK NEVADA N.A when ESBC BANK
NEVADA N. A. sold the
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
$1,451.70 plus interest of $156.78 at the rate of 18% less credits in the amount of $.00
totaling $1,608.48 as of April 7, 2009.
6. If called upon, affiant can testify at trial as to the facts
pertaining to this matter.
The above facts are true and cor ct to the best of my knowledge,
information and belief.
Sworn to , and Subscribed
before me this o day
of e4 _L 2009
Notary Public
sar r-tE}av r? '?
"OFFICIAL SEAL"
z Patricia Wallace
Notary Public, State of Illinois
My Commission Expires 10/10/2012
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Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
t .,
QFRCE OF ',.E S-ERIFF
tai-
Arrow Financial Services LLC I Case Number
vs. 2009-4659
Aaron Sica
SHERIFF'S RETURN OF SERVICE
07/15/2009 09:45 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July
15, 2009 at 0945 hours, she served a true copy of the within Complaint and Notice, upon the within namec
defendant, to wit: Aaron Sica, by making known unto himself personally, defendant at 24 W. Main Street,
Apt. 2 Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $41.50
July 16, 2009
SO ANSWERS,
?r
R THOMAS KLINE, SHERIFF
IU
De uty Sheriff
Mr
2059807
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
,160EL M. FLINK, ESQUIRE
Identification No.: 81894
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
ARROW FINANCIAL SERVICES LLC
VS.
AARON SICA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 09-4659 CIVIL
TERM
PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT
OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE
TO THE PROTHONOTARY:
Enter judgment for want of an answer for plaintiff and
against defendant(s) above named only and assess damages
certified to be calculable as a sum certain from the complaint,
as follows:
Principal $1,451.70
Less: Payments on Account ( $.00)
Total: $1,451.70
Understanding the false statements made herein are subject to
penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to
Authorities, I verify that:
1. The last known addresses of the parties are: ARROW
FINANCIAL SERVICES LLC and that the last known address of
defendant, AARON SICA, 24 W MAIN ST APT 2, CAMP HILL PA 17011-6326.
2. The annexed notice(s) of intention to file this
praecipe was (were) mailed to all parties, defendant and to their
record attorneys, if any, after default occurred, and at least
ten days prior to the date of filing of this praecipe.
3. The said defendant(s) is (are) not in the military
service of the United States or otherwise within the coverage of
the Soldiers and Sailors Civil Relief Act and is (are) over 18
years of age.
r
i AND NOW, this cao? _ day of , 2009 Judgment
is entered in favor of the plaintiff(s) and gainst defendant(s) by
default for want of an answer and damag s assessed at the sum of ,
$1,823.70 as per the above/Irti;_c ir
Prothonotary
GORDON & WEIN$ERG, P.T.
BY: V/ Y /
FREDERIG I.XINBERG, ESQUIRE
JOEL M.' LI K, ESQUIRE
Attorne for Plaintiff
2059807
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.
AARON SICA
TO/PARA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 09-4659 CIVIL TERM
NOTICE OF INTENTION TO TAKE DEFAULT
AARON SICA
24 W MAIN ST APT 2
CAMP HILL PA 17011-6326
DATE OF NOTICE/FECHA DEL AVISO: August 6, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
GORDON & WEINBERG, P.C.
BY:
FREDERi I/. WEINBERG, ESQUIRE
JOEL M/ FLINK, ESQUIRE
P10D-2 f
-VI YI,
414-CO po A-MY
C-088857
04 a3oIts
2059807
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
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
AARON SICA
24 W MAIN ST APT 2
CAMP HILL PA 17011-6326
DOCKET NO
TERM
NOTICE
09-4659 CIVIL
Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania,
you are hereby notified that a judgment has been entered against
you in the above proceeding as indicated below.
/X/ Judgment by Default $1,451.70
?L Money Judgment $
?L Judgment on Award of Arbitrators$
Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS
TELEPHONE NUMBER: 484/351-0500
P ONOTARY
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