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Home My WebLink About09-7792» 2061727 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. a GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 s 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 6129 W. TOUHY AVENUE CUMBERLAND COUNTY NILES, IL 60714 VS. DOCKET NO. 04 - n'7ga eivill-exlK ANN E. MILLER 9 RAILROAD AVE SHIREMANSTOWN PA 17011-6336 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 s ` COMPLAINT IN CIVIL-ACTION 1. Plaintiff, ARROW FINANCIAL SERVICES LLC a debt buyer and successor in interest to the original creditor,WELLS FARGO FINANCIAL INC . 2. Plaintiff, ARROW FINANCIAL SERVICES LLC, is a business entity authorized to conduct business in the Commonwealth of Pennsylvania with its principal place of business at the above captioned address. 3. Defendant), ANN E. MILLER is/are adult individual residing at the address above captioned. 4. Plaintiff and Defendant(s) entered into a closed end motor vehicle lease contract which required Defendant(s) to make monthly payments for the utilization of the vehicle. 5. Defendant(s), defaulted on the terms of the lease resulting in a total deficiency of $6,882.54. 6. Attached hereto and incorporated herein by reference as Exhibit "A" is a copy of the lease agreement and deficiency balance documentation. 7. Despite repeated demand Defendant(s) has/have refused, failed ans till refuses to tender payment on this outstanding obligation. 8. Defendant's last payment on account was made on 3/6/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $8,751.67 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W N RG, ESQUIRE JOEL M. FLINK, SQUIRE Attorney for Plaintiff 2061727 42816568 Arrow Financial Services, LLC ANN E. MILLER 50237591868799001 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. ?,?AI lSS ??/??/S NAM .16 EXHIBIT "A" w 2061727 ARROW FINANCIAL SERVICES, LLC ANN E. MILLER 50237591868799001 State of Illinois § § County of Cook § AFFIDAVIT I, 11113, 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 WRLLS FARGO FINANCIAL INC when WILLS FARGO FINANCIAL INC 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 $6,662.54 plus interest of $1,485.80 at the rate of 17.998 less credits in the amount of $.00 totaling $6,368.34 as of May 19, 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 the best of my knowledge, information and belief. AFFIANT G,= z? n an o Minois Sworn to and Subscribed before me this _L,day 0 ALEU ^F ?E- c ' : TARY 2009 NO t' 10 AH f": ' 0 *'18 . so Po ATH CLA 18AS RTC` am,00 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff p ofurnt??r? OFFICE :=FS-ERIFF F LED-1YFICE OF THE P JTF'ONOTAFY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 2009 NOV 19 PM 12: 5 7 CUM?4:°t?rv I.I J?,•?a?T1? ? PENNJSYLVANiA Arrow Financial Services LLC vs. Ann E. Miller Case Number 2009-7792 SHERIFF'S RETURN OF SERVICE 11/16/2009 07:12 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 16, 2009 at 1912 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ann E. Miller, by making known unto herself personally, at 9 Railroad Avenue Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 17, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By De y Sheriff (c) Count,Suite Shenff. Teleosoft, Inc :.? ,. ,:,. , GORDON&WEINBERG Fax Dec 10 2009 11:09am P003/OOd - C7 _o ~, O 'Tl T,~ f C ~- T 2061727 r_ ~ r„-~ - _ ~-; r, .~:~` ` r GORDON & WEINBERG, P . C . = --. ~ -'- -~~ BY : FREDERIC I . WEINBERG, ESQUIRE ~: f-- ~'' ~~ i Identification No.: 41360 JOEL M. FLZNK, ESQUIRE w Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ARROW FINANCIAL SERVICES LLC WELLS FARGO FINANCIAL INC WELLS FARGO FINANCIAL INC 6129 W. TOUHY AVENUE NILES, IL 60714 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ANN E. MILLER 9 RAILROAD AVE SHzREMANSTOWN PA 17011-6336 DOCKET N0. 09-7792 ~ ~~k. oo P D ~~ C~~ lo(a~'l ~~ 023 (o a'So~ I~o~~, ~I.t~~l J~JDC~iT SY ~R>d8N31AT AND NOW, this ~~~ day of off ~r~~~~. 2009, it is hereby stipulated and agreed to by and between, ANN E. MILLER hislher successors and assigns and Fredex,ic I. Weinberg, Esquire, counsel for ARROW FINANCIAL SERVICES LLC WELLS FARGO FINANCIAL INC WELLS FARGO FINANCIAL INC that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of Nine thousand one hundred eighty-seven and fifteen cents ($9187.15) in favor of ARROW k'INANCIAL SERVICES LLC WELLS k'ARGO FINANCIAL INC WELLS FARGO FINANCIAL INC and against, ANN E. MILLER his/k1.er ~- i GORDON&WEINBERG Fax Dec 10 2009 11:10am POOd/OOd successors and assigns; 2. Plaintiff, ARROW FINANCIAL SERVICES LLC WELLS FARGO FINANCIAL INC WELLS FARGO FINANCIAL INC will agree to accept the sum of $50.00 per month from, ANN E. MILLER, his/her successors and assigns. The first payment of 550.00 per month shall become due and payable on 12-20-09 and then on the 20th of every month thereafter until the Stipulated Judgment is paid in fu~,l; 3. In the event that ANN E. MILLER his/her successors and assigns do not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, ARROW FINANCIAL SERVICES LLC WELLS FARGO FINANCIAL INC WELLS FARGO FINANCIAL INC shall be allowed to exercise any and all remedies available at law. 4. The Parties to this action have authorized theix respective counsel and agent to enter into this agreement on their behalf and by doing so this agreement will be binding on both that ANN E. MILLER his/her successors and assigns and, ARROW FINANCIAL SERVICES LLC WELLS FARGO FINANCIAL INC WELLS FARGO k'INANCIAL INC its s~u~cc/essors and assigns. Date :1'~~ /D ANN E. MILLER Defendan Date : ,~~.~i ~/CI ~ FREDERZC I. WEI ERG, Esquire Attorney or P intiff I.A. #41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 489/351-0500 v- 2061727 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 WELLS FARGO FINANCIAL INC WELLS FARGO FINANCIAL INC vs. ANN E. MILLER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-7792 NOTICE 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. ,/~ Judgment by Agreement $9,187.15 ~ Money Judgment $ Judgment on Allard of Arbitratora$ ~ 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 PROT RY