Loading...
HomeMy WebLinkAbout09-7612 2063470 THIS IS AN ARBITRATION ASSESSMENT OF DAMAGES 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 MATTER. HEARING REQUIRED. ARROW FINANCIAL SERVICES, LLC 600 Broadhollow Road, Melville, NY 11747 VS. ROBERT NEAL JR 15 MCBRIDE AVE CARLISLE PA 17013 and AUDREY C NEAL JR 15 MCBRIDE AVE CARLISLE PA 17013-1942 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Oq NOTICE Civi l Terk 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)tae 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 August 28, 2009 in the amount of $1,602.81. 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 2/15/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,602.81 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. IN RG, ESQUIRE JOEL M. FLIN SQUIRE Attorney for Plaintiff POIP.DB 2063470 43448292 Arrow Financial Services, LLC ROBERT NEAL JR andAUDREY C NEAL JR 6019180317842785 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" 2063470 ARROW FINANCIAL SERVICES, LLC ROBERT NEAL JR and AUDREY C NEAL JR 6019180317842785 State of Illinois County of Cook I, Law being duly that: S AFFIDAVIT served sworn according to law, depose and say 1. I am employ*d 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 bass this affidavit on Plaintiff's records, as well as the account information provided to Plaintiff by cE money Bank when Gs Money Bank 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 $1,296.80 plus interest of $258.53 at the rate of 24.75% less credits in the amount of $.00 totaling $1,555.33 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 correct to a best of my knowledge, information and belief. i- ?,dv /0 VLA -4 AFFIANT Sworn to and Subscribed befor ' s /?-??y of , 09 Notary Public OFFICIAL SEAL WALTERINE MCELROY NOTARY PUBLIC . STATE OF ILLIMM MY COMMISSION EXPIRES: 11120/10 0 FLED-OFFICE F T F E c-? -7'--;"--'N!,.)TARY 2909 OV -4 Fh (: G0 09.50 PO A'TTY a.3agw A, r 1' SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~~yti~' ut ~zi~n~Er/,~~~4 C~Fr~[.' C- fF • LRtF~ s i{ r`~ r `~~ ,. j r~~ 2iiu7 I°t'~`t ~ tl 6;i i ~' U -t~ i,`::.. - ..: t . Arrow Financial Services vs. Robert Neal, Jr. Case Number 2009-7612 SHERIFF'S RETURN OF SERVICE 11/06/2009 02:46 PM -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 6, 2009 at 1446 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert Neal Jr., by making known unto Audrey C. Neal Jr., wife of defendant at 15 McBride Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 11/06/2009 02:46 PM -Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 6, 2009 at 1446 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Audrey C. Neal Jr., by making known unto herself personally, at 15 McBride Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 SO ANSW RS, ~"''t~%r'''e'~p November 09, 2009 R THOMAS KLINE, SHERIFF ~~ ~.~ ~, ~- -'~ Deputy Sheriff ~; Cci ~tySui,e 5hs;r*(. 7e;iaoc-cfl. Ind.