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Home My WebLink About10-3041Our File No.: 248715 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC 5996 W TOUHY AVENUE NILES, IL 60714 Plaintiff, vs. SIMON ELLBERGER 8 BRIARWOOD CT CAMP HILL, PA 17011-1511 Defendant. PIL Ei !7Z, 4 Litliiiii i0 thI i3 C. U COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Id - 3()41 Cwil -- 1eXm 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 judgment 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. 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 O -*qA- 00 PA Awl ce ? ayr??y 4L Our File No.: 248715 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ARROW FINANCIAL SERVICES LLC 5996 W TOUHY AVENUE NILES, IL 60714 Plaintiff, VS. SIMON ELLBERGER 8 BRIARWOOD CT CAMP HILL, PA 17011-1511 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ARROW FINANCIAL SERVICES LLC, 5996 W TOUHY AVENUE, NILES, IL 60714. 2. Defendant(s) is/are SIMON ELLBERGER, an adult individual residing at 8 BRIARWOOD CT CAMP HILL, PA 17011-1511. 3. Plaintiff, ARROW FINANCIAL SERVICES LLC, is the Assignee and Successor in Interest of Account #5120255013785765; and said account was issued to Defendant(s) by HSBC CARD SERVICES (III) INC, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $4,450.40. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,450.40 and requests phis Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney foAnebt ntiff A Law Firm Engage Collection BY: David J. A Dated: 4/30/2010 Our File No.: 248715 VERIFICATION David J. Apothaker, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief The un 'gned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relat to worn falsification to authorities. David J. Apoth squire Attorney for Plaintiff DATE: 4/30/2010 ARROW FINANCIAL SERVICES LLC SIMON ELLBERGER 8 BRIARWOOD CT CAMP HILL, PA 17011-1511 STATEMENT OF ACCOUNT Debtor's Name: SIMON ELLBERGER Account Number: 5120255013785765 Original Creditor: HSBC CARD SERVICES (III) INC Balance Due: $4,450.40 Our File No.: 248715 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ~,,~~.,:~ Sheriff ~#~~~``~ r ""' ~~~t~~tt~ C~ ~a,pbrr~z,,~4 r Jody S Smith Chief Deputy 20 f ~ ~~~ ~ 3 ~ ~: (} (~ Edward L Schorpp Solicitor ~~F G _~~F ~~ ~~~;.., ,~ .,~.~,,~~ ...+w. ...r '1; ?i.J ~Jv t ANN Y~,1laPJiA Arrow Financial Services LLC vs. Case Number Simon Ellberger 2010-3041 SHERIFF'S RETURN OF SERVICE 05/11/2010 05:38 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1736 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Simon Ellberger, by making known unto himself personally, at 8 Briarwood Court, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 1 L _- MICHELLE GUTSH LL, DE SHERIFF COST: $41.50 May 12, 2010 SO ANSWERS, ~~ RON R ANDERSON, SHERIFF si Goun`ySuite ShPrd'P, Telaosoft_ Inr.. t=1i.f~C' - - - Our file No.: 24871 APOTHAKER & AS OCIATES, P.C. 520 Fellowship Road C306 ZQ R Q '~' ~ ` (~ ' ~~ ~ c Mount Laurel, NJ 08 54 CIJi~;~. ~ ^~;~ 9 ~Q,Q (800) 672-0215 Nt i i vi~~, ~; Attorneys for Plainti Attorney ID# 307949 By COURT OF COMMON PLEAS ARROW FINANCIAL SERVICES LLC ) CUMBERLAND COUNTY Plaintiff, ) DOCKET NO.: 10-3041 CIVIL TERM vs. ) Civil Action SIMON ELLBERGE ) STIPULATION IN LIEU OF JUDGMENT Defendant. ) The matters d things in controversy having been discussed by and between the parties, and a settlem nt having been agreed upon: It is on Jul 07, 2010, STIPULATED by and between Plaintiff, ARROW FINANCIAL SERVI ES LLC, and Defendant, SIMON ELLBERGER parties as follows: 1. Defenant agrees to pay the sum of $4,583.90, which sum Plaintiff agrees to accept in full settl ent of its claim herein, inclusive of counsel fees and court costs. 2. As of this date, payments totaling $1,200.00 have been applied to the amount of $4,583.90 and the amount due and owing as of July 07, 2010 is $3,383.90. 3. The s aforesaid of $3,383.90 shall be paid by the by Defendant, SIMON ELLBERGE , to the attorneys for Plaintiff in the following manner: a. $20 .00 to be paid on or before July 30, 2010; b. $20 .00 to be paid on or before August 30, 2010; c. $15 .00 to be paid on or before the 30th day of each month, beginning Septe ber 30, 2010 until paid in full. All ch~cks are to made payable to ARROW FINANCIAL SERVICES LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 r - `Our file No.: 24871 4. In the event Defendant fails to pay in accordance' with the terms set forth in this Stipulation, t en, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against D fendant ex parte, in the sum of $4,583.90, giving Defendant credit for any sums actuall paid pursuant to the terms of this Stipulation. 5. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment pon ex parte application, with supporting certification, and with notice to Defendant my in the form of a copy of the application addressed to SIMON ELLBERGER by fir t-class, postage prepaid. We hereby to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for P iff A Law Firm ~S~ed ' De t Collection By: J ~ enj J. vallaro, Esquire SI ON ELLBERGER Our File No.: 248715 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ARROW FINANCIAL SERVICES LLC Plaintiff, vs. SIMON ELLBERGER Defendant. 1= I LE'D-0 P1C t« E. THE PPtOTHONOTA 0Y 2011 JUL 23 PPS 4: 11 CUMBERLAND COON Y PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-3041 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & Att orney A Law Firm Ena I By: David J. A M1lllMlll?l I?IIlOM CIATES, P.C. Debt Collection , Esquire