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HomeMy WebLinkAbout09-75362063550 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 600 Broadhollow Road, Melville, NY 11747 VS. MARY FRANK 1207 ROCKLEDGE DR CARLISLE PA 17015-9125 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0q -75,3(w NOTICE 0'--"11 I-am 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 MONEY BANK. 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 September 3, 2009 in the amount of $2,083.02. 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 09/22/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,083.02 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC 1 W INBERG, ESQUIRE JOEL M. F , ESQUIRE Attorney for Plaintiff POIP.DB ' s NARY FRANK 6019180367146921 2063550 38505774 Arrow Financial Services, LLC VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts not forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. 54904 which provides certain penalties for making false statements. k EXHIBIT "A" MARY FRANK 6019180367146921 State of Illinois S County of Cook 2063550 ARROW FINANCIAL SERVICES, LLC AFFIDAVIT being duly served sworn according to law, depose and say that: 1. I am employed as the legal outsourcing clerk for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case and base this affidavit on Plaintiff's records, as well as the account information provided to Plaintiff by c$ moNEY BAxx when cs Monzy sAxa 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 $1,303.46 plus interest of $726.53 at the rate of 24.75% less credits in the amount of $.00 totaling $2,029.99 as of July 5, 2009. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and information and belief. to the best of my knowledge, AFFLANT Sworn to and S scribed before me s .? day ?.Tv I 2009/ "OFFICIAL SEAL" gt R DeLeon Notary Public, State of Illinois Commission Expires 1/3/2011 O FILED-OFFICE.- T9=,c pp-OTHONNARY OF 2009 OCT 30 FM 1: 35 ' -U CIE G US *18.50 PO ATTI CKgo P.. a3a -7 s4o SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline _TAF?Y Sheriff sF THC t? at ?.u?ri6rrf??? Ronny R Anderson COO Q 9 ? PM 2:13 Chief Deputy, r; Jody S Smith 01 Civil Process Sergeants" 1-'GI?.tiLa i Edward L Schorpp Solicitor Arrow Financial Services LLC vs. Mary Frank Case Number 2009-7536 SHERIFF'S RETURN OF SERVICE 11/03/2009 08:16 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 3, 2009 at 2016 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary Frank, by making known unto Donald Frank, husband of defendant at 1207 Rockledge Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 04, 2009 SO ANSWERS, I R THOMAS KLINE, (SHERIFF Deputy Sheriff (?) counfySuite She-if. Teleosoft. Inc.