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HomeMy WebLinkAbout11-1072v 2102806 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUU tE9 co C-- GORDON & WEINBERG, P.C. ? F C.0 0 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 5996 W. TOUHY AVENUE, NILES, IL 60714 Vs. ALBERT MCKENNA 10488 MAPLETON RD SHIPPENSBURG PA 17257-9026 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : //` M /'?- L. 1 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 ?# ?n/W76 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 or Affidavit 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 12/29/10 in the amount of $1,802.91. 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 5/21/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,802.91 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEIN RG, ESQUIRE JOEL M. FLI SQUIRE Attorney for Plaintiff POIP.DB 2102806 40878583 Arrow Financial Services, LLC ALBERT MCKENNA 6019181100280050 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. y EXHIBIT "A" 2102806 ARROW FINANCIAL SERVICES, LLC ALBERT MCKENNA 6019181100280050 State of Illinois § County of Cook S AFFIDAVIT I, rrr'?l»CJ , 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 MONEY BANK when GE 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 $1,583.83 plus interest of $197.60 at the rate of 24.75% less credits in the amount of $.00 totaling $1,781.43 as of 12/9/10. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and co rect to the best of my knowledge, information and belief. )"; AFFIANT v Sworn to and Subscribed G ,llt l ?? r? before me this -- day ( of 2010 /\r1 / Notary Public "OFFICIAL- SEAL" w Patricia Wallace Notary Public, State of Illinois My Cornmission Expires 10/10.!2012 2102806 c rnco M GORDON & WEINBERG, P.C. x r F= BY: FREDERIC I. WEINBERG, ESQUIRE cnr- - M? Identification No.: 41360 r-X JOEL M. FLINK, ESQUIRE "?C'' Identification No.: 41200 _? ? ? - 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 ?' r 484/351-0500 ARROW FINANCIAL SERVICES LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ALBERT MCKENNA DOCKET NO. : 11-1072 PRAECIPE TO WITHDRAW COLA U TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I. JOEL M. FLI? Attorney fo I BERG, ESQUIRE /ESQUIRE laintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I. NEINBERG, 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. FRED&k I. WEINBERG, ESQUIRE Dated