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HomeMy WebLinkAbout11-1073r 2102816 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUTREt GORDON & WE INBERG, P.C. - FREDERIC I. WEINBERG, ESQUIRE BY: C )l Identification No.: 41360 JOEL M. FLINK, ESQUIRE r- ,?-C: I .o -n .,? Identification No.: 41200 n 1001 E. Hector Street, Ste 220 c7 y 4^? Conshohocken, PA 19428 ? 484/351-0500 ARROW FINANCIAL SERVICES LLC COURT OF COMMON PLEAS 5996 W. TOUHY AVENUE, NILES, IL CUMBERLAND COUNTY 60714 Vs. WAYNE WICKARD 140 BIG SPRING TER NEWVILLE PA 17241 DOCKET NO. : NOTICE %/- 173 60 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 6 P' j. ??y Cep m,7-?7* 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 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 $4,223.94. 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 5/1/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,223.94 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. ET ERG, ESQUIRE JOEL M. FLI4 ESQUIRE Attorney for Plaintiff P01P.DB 2102816 42481190 Arrow Financial Services, LLC WAYNE WICKARD 6019190510374288 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. ,p GC. NAME ??G? :7 EXHIBIT "A" 2102816 ARROW FINANCIAL SERVICES, LLC WAYNE WICKARD 6019190510374288 State of Illinois § § County of Cook § ?f AFFIDAVIT I, d), '" 116being duly served sworn according to law, depose and say that: 1. I am a loyed 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 $2,267.34 plus interest of $1,925.85 at the rate of 24.75% less credits in the amount of $.00 totaling $4,193.19 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 cor ect to the best of my knowledge, information and belief. > AFF????NNTT Sworn to and Subscribed before me this ? day 2 0 Notary Public 01?-RC`IAL SEAL" T Patricia Wallace Notary Na- c State of Illinois My Commissi,:n Expires 10/10/2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 0 T! PEP -8 PM 12: 4P, Arrow Financial Services LLC vs. Wayne Wickard Case Number 2011-1073 SHERIFF'S RETURN OF SERVICE 02/02/2011 11:09 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1109 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Wayne Wickard, by making known unto Breeanna Wickard, Wife of defendant at 140 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM LAGK, DEPUTY SHERIFF COST: $38.80 February 03, 2011 SO ANSWERS, RONW R ANDERSON, SHERIFF 7' t %1 ( i 07 n ! 0 ¢artn, s 2102816 GORDON & WEINBERG, P.C.' BY: FREDERIC I. WEINB RG, ESQUIRE` Identification No.: 41360 JOEL M. FLINK, ES UIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 1942 484/351-0500 ARROW FINANCIAL SERVICES LLC VS. WAYNE WICKARD TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-1073 Enter judgment by agreement for plaintiff and against defendant(s) WAYNE WIC RD above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principol $4,469.76 $4,469.76 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify hat: 1. The last kno n addresses of the parties are: ARROW FINANCIAL SERVICES LLC and that the last known address of defendant, WAYNE WICKARD 140 BIG SPRING TER, NEWVILLE PA 17241. 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 ate of filing of this praecipe. 114 ?5-,?q /Zt?.#?15Lt K? 3. The said def ndant(s) is (are) not in the military service of the United tates or otherwise within the coverage of the Soldiers and Sailo s Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of MAMh , 2011 Judgment By Agreement is entered in favor of the plaintiff(s) and against defendant(s) at the sum f, $4,46- as per tkV above certification. Prdthono GORDON & WEINBERG, P.C. BY: ?. FREDERIC K WE NBERG, ESQUIRE JOEL M. F IN , ESQUIRE Attorney r Plaintiff 2102816 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.:l 41360 JOEL M. FLINK, ESQUIRE Identification No : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 1942 484/351-0500 ARROW FINANCIAL SERVICtS LLC VS. WAYNE WICKARD COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-1073 NOTICE Pursuant to Pa.R.C1v,P 236 of the Supreme Court of Pennsylvania, you are hereby notifie that a judgment has been entered against you in the above proce ding as indicated below. Judgment by Agreement $4,469.76 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTION CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. W INBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 ap-?P' 31-711 PROT RY i S i s GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 1360 JOEL M. FLINK, ESQUI E Identification No.: 1200 1001 E. Hector Street, St 220 Conshohocken, PA 19428 4841351-0500 ARROW FINANCIAL SERVICES 5996 W. TOUHY AVENUE NILES, IL 60714 VS. WAYNE WICKARD 140 BIG SPRING TER NEWVILLE PA 17241 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : i ? 1013 AND NOW, this day of (V? a,Y? , 2011, it is hereby stipulated and ag.?eed to by and between, WAYNE WICKARD his successors and assigns and Frederic I. Weinberg, Esquire, counsel for ARROW FINANCIAL SERVICES L C that the Court enter a determination in the above-captioned cas as follows: 1. Judgment shal? be entered in the amount of Four Thousand Four Hundred Sixty-Nine Dollars and Thirty-Four Cents($4469.76) in favor of ARROW FINANCIAL S?RVICES LLC and against, WAYNE WICKARD his successors and assigns 2. Plaintiff, ARROW FINANCIAL SERVICES LLC , will. agree to accept the sum of $4469.76 per month from, WAYNE WICKARD his successors and assigns. The first payment of $100.00 per month shall become due and payable on February 15, 2011 and then on the 15th of every month thereafter until the Stipulated Judgment is paid in full; 2102816 3. In the event thot WAYNE WICKARD hisr successors and assigns do not make payments as prescribed in paragraph 2, they will be considered in default andlthe Plaintiff, ARROW FINANCIAL SERVICES LLC shall be allowed toi,exercise any and all remedies available at law. 4. The Parties to this action have authorized their respective counsel and agent to ente? into this agreement on their behalf and by doing so this agreement wi,il be binding on both that WAYNE WICKARD his successors and assigns and, ARROW FINANCIAL SERVICES LLC its i successors and assigns. Date: Date : --b YNE WICKARD fendant FREDERIC I. WISI-WBERG, Esquire Attorney for Plaintiff I.D. #41360 1001 E. Hector Street, Ste 220 nshohocken, PA 19428 484/351-0500 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1073 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ARROW FINANCIAL SERVICES LLC Plaintiff (s) From WAYNE WICKARD, 140 BIG SPRING TERRACE, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: CORNERSTONE FCU, 5 EAST GATE DRIVE, CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,069.76 Interest FROM MARCH 7, 2011 - $117.03 Atty's Comm % Atty Paid -0 V? 1- 70 Plaintiff Paid Date: 10/6/11 (Sea)) L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary BY: .4? . Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 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 2102816 r. I? _ t_o f i° I ? L ,oTL OTAR't 011 OCT - b P1`1 3: 10 '.IJMBERLAND COUNIT`'' PENNSYLVANIA ARROW FINANCIAL SERVICES LLC 5996 W. TOUHY AVENUE NILES, IL 60714 VS. WAYNE WICKARD 140 BIG SPRING TER NEWVILLE PA 17241 and Cornerstone FCU 5 East Gate Drive Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-1073 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against WAYNE WICKARD defendant(s)and (2) against Cornerstone FCU garnishee(s) (3) AMOUNT DUE $4,469.76 INTEREST from March 7, 2011 $117.03 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $400.00) &?) TOTAL OTM may ° FIZA? ?u.oa"u a. sa« -i?, ?ISD - OL11) FREDERIC I. WE NB G, ESQUIRE JOEL M. FLINK, 'StQUIRE Attorney for Plaintiff a: •c?"bWk Qz. 4 D LL-- 1 &0 C1 I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?Sheriff{ Jody S Smith Chief Deputy Richard W Stewart Solicitor 0MCE..,r AHE ?rE?rPF ENNSYt_VA NI Arrow Financial Services LLC vs. Wayne Wickard Case Number 2011-1073 SHERIFF'S RETURN OF SERVICE 10/13/2011 10:30 AM - Stephen Bender, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 5 Eastgate Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Bahira Omerovic, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 17, 2011 to Wayne Wickard at 140 Big Spring Terrace, Newville, PA 17241. SO ANSWERS, October 14, 2011 RON R ANDERSON, SHERIFF -w-? el-z- Stephen Bender, Deputy (c) Gou11ty5uite Snenff. Teleosoft. Inc. `l 17 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQ - 4-V Identification No.: 413fi0 I 15YLV ,NIP JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2102816 ARROW FINANCIAL SERVICES LLC VS. WAYNE WICKARD and Cornerstone FCU Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-1073 PRAECIPE TO DISSOLVE ATTACHbMNT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Cornerstone FCU, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C BY: P011 FREDERIC I. E? ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 't. Ob CA ?2 a??C1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson iff ody S Smith Chief Deputy Richard W Stewart Solicitor 0 ROTHON?OTA + THE ?4y.?r',n a1 ?it?rlra?tl?t? 21?12MAY -3 PM 2: 14 CUMBERLAND COUNT)-' PENNSYLVANIA Arrow Financial Services LLC vs. Wayne Wickard Case Number 2011-1073 SHERIFF'S RETURN OF SERVICE 10/13/2011 10:30 AM - Stephen Bender, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 5 Eastgate Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Bahira Omerovic, Teller, personally three copies o- interrogatories together with three true and attested copies of the Writ of Execution and made the content: there of known to her. The writ of execution and notice to defendant was mailed on October 17, 2011 to Wayne Wickard at 140 Big Spring Terrace, Newville, PA 17241. 05/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.13 SO ANSWERS, May 03, 2012 RON + R ANDERSON, SHERIFF s'D tz- ",W, a 71/6 Y3 -ou1•v5mte Shenff. 7e eosoft, Inc.