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HomeMy WebLinkAbout08-0096Our File No.: 129230 APOTHAKER & ASSOCIATES, P.C. BY, David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: M - 9(P C,ivt t let tm 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO 1NM EDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Of 9G ?- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is JANET L WENGER, an adult individual residing at 203 ZION RD NEWBURG, PA 17240-9366. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $8,511.45. + 8: Although demand has been made, Defendant has failed to make payment of the amount due as above. . 9. The original creditor is BANK OF AMERICA. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $8,511.45 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney f Plaintiff A Law Firm Engad n Debt Collection BY: David J. Dated: 12/21/2007 Our File No.: 129230 VERIFICATION David J. Apothaker,_Esg. 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 undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to Wsworn falsification to authorities. Davift'Apothaker Attorney for Plaintiff DATE: 12/21/2007 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 STATEMENT OF ACCOUNT Debtor's Name: JANET L WENGER Account Number: 4888603111654273 Original Creditor: BANK OF AMERICA Balance Due: $8,511.45 Our File No.: 129230 EXHIBIT "A" 0 w f"f l? rL CI SHERIFF'S RETURN - REGULAR CASE NO: 2008-00096 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WENGER JANET L GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WENGER JANET L the DEFENDANT , at 1012:00 HOURS, on the 15th day of January , 2008 at 203 ZION ROAD NEWBURG, PA 17240-9366 DENNIS WENGER, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge ?d 2l0l C?- So Answers: 18.00 f'. . 36.48 s /1 /mss' .58 10.00 R. T omas Kline .00 65.06 01/16/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this of By. dDeputy Sh ff A.D. m/ Y Our File No.: 129230 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, VS. JANET L WENGER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-96 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, LVNV FUNDING LLC, and against Defendant, JANET L WENGER, for failure to answer or otherwise respond to the Complaint Civil Action. The Complaint was served upon the defendants on January 15, 2008 by the CUMBERLAND Sheriff's Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on April 24, 2008, and also attached hereto. Assess damages in the amount of (a) Balance: $8,511.45 (b) Interest from December 21, 2007 $387.56 TOTAL $8,899.01 APOTHAKER & SOCIATES, P.C. AttoFaRe Plaintiff A Law Firm E in Debt Collectioj By: Apothaker Dated: 10/20/2008 Our File No.: 129230 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, ) VS. ) NO.: 08-96 JANET L WENGER ) Civil Action Defendant. ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 203 ZION RD NEWBURG, PA 17240-9366. We inquired with the web site of the Defense 1600 Wilson Boulevard, Suite 400, Arlington, VA 22 in any branch of the military. Mary M. Snavely-Dixon, Director of the De back our inquiry indicated that the Defendant(s) is/ )wer Data Center, located at 93, if the Defendant(s) is/are Manpower Data Center has sent t in the military. David J. Apo-thaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center SEP-23-2008 17:55:34 0 Military Status Report Pursuant to the Servicemembers Civil Relief Act -{ Last Name First/Middle Begin Date Active ! Duty Status Service/Agency WENGER JANET L Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an org tion of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical {care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's tive duty status by contacting that person's Military Service via the "defenselink.mil" URL provide below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g.,! an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: bft://www.defenselink-mil/fAq/pis/PC09SLbR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scm.prc_Select 9/23/2008 A*' 129230 OFFICE OF THE PROTHONOTARY • , COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) VS. ) JANET L WENGER ) To: JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-96 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: April 24, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 Lawyer Referral and Information Service 800-990-9108 _/s/ David J. Apothaker DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 19', ti SHERIFF' S RETURN REGULAR .,. CASE NO: 2008-00056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC t VS FEB 13 NOS WENGER 'JANET L GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WENGER JANET L the DEFENDANT , at 1012:00 HOURS, on the 15th day of January , 2008 at 203 ZION ROAD NEWBURG, PA 17240-9366 by handing to DENNIS WENGER, HUSBAND a true and attested copy 'f COMPLAINT ? NOTICE„ together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: 5o Answers: Docketing 18.00 Service 36.48 Postage .58 -'` Surcharge 10.00 R. T mas Kline :00 65.06 01/16/21008 APOTHAKER & ASSOCIATES Sworn and Subscibed.to By before me this day ` Deputy Sh ff , of A.D M r- p £ w . s OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 LVNV FUNDING LLC Plaintiff, VS. JANET L WENGER Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NOM.: 08-96 Civil Action Pursuant to Rule 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. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS _ JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Anothaker. EN. at this telephone number: 215-634-8920 Our File No.: 129230 LVNV FUNDING LLC IN THE COURT OF COMMON PLEAS OF Plaintiff C 1i H tR 21 PH 2: 5 0 CUMBERLAND COUNTY, r_. r_ . (���� -� r PENNSYLVANIA �:��E BE.11LA AD LOON E E vs.JANET L WENGER PENNSYLVANIA NO.: 08-96 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against JANET L WENGER, defendant(s); and (3) against ORRSTOWN BANK 1000 BRYN MAWR ROAD CARLISLE, PA 17013, Garnishee(s); (4) and index this writ in the judgment index (a) against JANET L WENGER, defendant(s), and (b) against ORRSTOWN BANK 1000 BRYN MAWR ROAD CARLISLE, PA 17013, as Garnishee(s), as a lis pendens against the real property of the defendant(s)in the name of Garnishee(s) as follows: Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage firm accounts, stocks, cd's, insurance, safety deposit boxes, etc. (5) Amount Due $8899.01 Interest from October 23, 2008 $2843.78 Minus Payments made -S Plus Costs $179.00 Total $11921.79 nn Q LQ • CAS_ David J. Apothaker, Esquire ? Sb « L( tto ey for Pkntiff(s) W IE. . so w % .3°)902 u31,171 z 6c, > ,. THE COURT OF COMMON PLEAS �� _±-11-;,- °• CUMBERLAND COUNTY PA io 1 r j - "=�a•-- t`z DAVID D. BUELL,PROTHONOTARY \i9\ {s-' ° One Courthouse Square • Suite100 • Carlisle, PA • 17013 ��`` �' (717)240-6195 7 so� www.ccpa.net LVNV FUNDING LLC Vs. NO 08-96 Civil Term CIVIL ACTION—LAW JANET L. WENGER WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against JANET L. WENGER,203 ZION ROAD,NEWBURG, PA 17240 Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s) interest therein; • (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of ORRSTOWN BANK GARNISHEE(S), as garnishee, 1000 BRYN MAWR ROAD, CARLISLE, PA 17013 (Specifically describe property)and to notify the garnishee that ALL ASSETS AND ACCOUNTS, INCLUDING, BUT NOT LIMITED TO, BANK ACCOUNTS, BROKERAGE FIRM ACCOUNTS, STOCKS, CD'S, INSURANCE, SAFETY DEPOSIT BOXES, ETC. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant(s)with a bank or other financial institution that total$300 or less. If multiple accounts are attached,a total of$300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due$8,899.01 Plaintiff Paid$ Interest$ FROM OCTOBER 23,2008-$2,843.78 Interest from Attorney's Comm. % Law Library$.50 Attorney Paid$ 186.56 Due Prothonotary$2.25 Other Costs$ 179.00 Date:3/21/14 David D.Buell, Prothonotary Deputy REQUESTING PARTY: Name : DAVID J. APOTHAKER,ESQUIRE Address: APOTHAKER& ASSOCIATES,P.C. 520 FELLOWSHIP ROAD,C306 MT. LAUREL,NJ 08054 Attorney for: PLAINTIFF Telephone: 856-780-1000 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles,school books,sewing machines,uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S ��. .^�u~.. " ~° ��" " "~°~~ OF CUMBERLAND COUNTY . o1 ear 2116tri, .' 71;4 HAR 31 Pr 2:L3 �UM COUNTY PENNSYLVANIA LVNV Funding LLC Janet L. Wenger Case Number 2008-96 SHERIFF'S RETURN OF SERVICE 03/27/2014 03:44 PM - Noah Cline, Deputy, who being dul sworn according to Iaw, 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, Orrstown Bank, 22 South Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Thomas Bieber, 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 him. The writ of executio and notice to defendant at 203 Zion Road, Newburg, PA 17240-9366. NOAH CLINE, DEPUTY SO ANSWERS, March 31, 2014 RONI■fc" R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, JANET L. WENGER, Plaintiff Defendant CIVIL DIVISION No.: 08-96 CIVIL TERM PETITION TO STRIKE JUDGMENT Filed on behalf of: JANET L. WENGER, Defendant Counsel of Record for This Party: GREGORY T. ARTIM, ESQUIRE PA I.D. # 80886 MORROW & ARTIM, P.C. 1751 Lincoln Highway North Versailles, PA 15137 (412) 823-8003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC, JANET L. WENGER, Plaintiff Defendant ) ) CIVIL DIVISION No.: 08-96 CIVIL TERM PETITION TO STRIKE DEFAULT JUDGMENT AND NOW, comes the Defendant, Janet L. Wenger, by and through her attorneys, Gregory T. Artim, Esquire, and MORROW & ARTIM, P.C., and files the following Petition to Strike Judgment and in support thereof avers as follows: 1. On January 7, 2008, Plaintiff filed a collection law suit against Defendant. 2. On October .23, 2008, Plaintiff instructed the Prothonotary to enter a Default Judgment against the Defendant. 3. The Complaint fails to provide a proper Notice to Defend as required by Pa R.C.P. 1018.1. A true and correct copy of the Complaint :is attached hereto marked as Exhibit "A" 4. PA R.C.P. 1018.1 provides that a Notice to Defend shall be in substantially the form below: NOTICE TO DEFEND 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, 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 Telephone: 717-249-3166 or (800) 990-9108 5. The Notice to Defend in Plaintiffs Complaint is as follows: NOTICE TO DEFEND 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, 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 Lawyer Referral and Information Service Telephone: (800) 990-9108 6. The Notice to Defend in Plaintiffs Complaint is missing the following language: 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. 7. The Notice to Defend does not contain an address for the Cumberland County Bar Association. 8. The Complaint also fails to contain any averment that Plaintiff LVNV is the owner of the subject account. See Exhibit "A". 9. The Complaint merely mentions that Bank of America is the original creditor. 10. The Pennsylvania. Superior Court faced an identical issue in Wells Fargo Bank, N.A. v. Lupori, 8 A.3d 919 (Pa. Super. 2010) 11. In Wells Fargo, a. default judgment was entered and the defendant petitioned to strike based upon the fact that Wells Fargo did not allege that it was the owner of the subject mortgage. 12. The Superior. Court found that omission to be fatal and the default judgment was stricken. 13. On April 24, 2008, Plaintiff purportedly mailed what is captioned "IMPORTANT.: NOTICE" to Defendant. Attached hereto as Exhibit "B" is a copy of the Important Notice. 14. Pa R.C.P. 23.7.5 provides as follows: The notice required by Rule 237.1(a)(2) shall be substantially in the following form: (CAPTION) To: (Defendant) Date of Notice: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. (Name of Office) (Address .of Office) (Telephone Number) (Signature of Plaintiff or Attorney) (Address) Official Note The office shall be that designated by the court under Rule 1018.1(c). 15. The Important Notice sent April 24, 2008 does not comply with Pa R.C.P. 237.5. 16. The Important . Notice begins with the title NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT. 17. This additional language in the Important Notice is confusing as it can lead one to believe that a judgment has already been entered. 18. Judge R. Stanton Wettick, Court of Common Pleas of Allegheny County, has addressed an identical issue in Arrow v. Hairston, 158 P.L.J. 170 (2010). Copy attached. 19. In Hairston, Judge Wettick ruled that the additional language was confusing, warranting a striking of the judgment. 20. The ImportantNotice that was sent in this matter has incorrect/additional language and is thus defective on its face. 21. The notice sent by the Plaintiff does not contain an address for the Cumberland County Bar Association. 22. The failure to provide the required notice of PA R.C.P. 237.5 is grounds to strike the judgment. 23. The failure to provide the required notice to defend is grounds to strike the judgment. 24. In Resolution Trust Corp. v. Copley Qu -Wayne Associates, 546 Pa. 98, 683 A.2d 269 (1996), the Pennsylvania Supreme Court described a petition to strike a judgment as follows: A petition to strike a judgment is a common law proceeding which operates as a demurrer to the record. A petition to strike a judgment may be granted only for a fatal defect or irregularity appearing on the face of the record. ... An order of the court striking a judgment annuls the original judgment and the parties are left as if no judgment had been entered:. Id. at 106, 683 A.2d at 273 (citations omitted). When deciding if there are fatal defects on the .face of the record for the purposes of a petition to strike a judgment, a court may only look at what was in the record when the judgment was entered. Linett v. Linett, 434 Pa. 441, 254 A.2d 7 (1969). 25. A petition to strike can only be granted if a fatal defect appears on the face of the record. Franklin Interiors v. Wall of Fame Management Co., Inc., 510 Pa. 597, 511 A.2d 761 (1986). 26. A record that reflects a failure to.comply with Rule 237.1 is facially defective and cannot supporta default judgment: Fierst v. Commonwealth Land Title Ins. Co., 369 Pa.Super. 355, 535 A.2d 196 (1987). Furthermore, since the Prothonotary lacks authority to enter judgment under these circumstances, .the default judgment would be void ab initio. See Fountainville Historical Farm Assn of Bucks County, Inc., v. Bucks County, 340 Pa.Super. 412, 490 A.2d 845 (1985) (Prothonotary lacks authority to enter default judgment where fatal defect appears on face of record). 27. See Jones v.. Seymour, 321 Pa.Super. 32, 467 A.2d 878, 880 (1983) (emphases added), ("unauthorized entry of judgment by the Prothonotary renders the judgment void, . and ... such a judgment must be stricken without regard to the passage of time, if its defectiveness is apparent on the face of the record."). Thus, the unauthorized default judgment is a nullity. See Mullen v. Slupe, 360 Pa. 485, 490, 62 A.2d 14, 16 (1948) (judgment "entered without authority ... is no judgment at all so far as it affects the rights of the defendants.") (quoting Long v. LemoyneBorough, 222 Pa. 311, 318 71 A. 211, 212 (1908)). 28. In Oswald v. . WB Public Square Associates, LLC the Superior Court of Pennsylvania recently discussed the interplay between Pa.R.C.P. 237.1 and Pa.R.C.P. 237.5 in the context of a Petition to Strike a Judgment. The court determined . that the failure to utilize the proper language in the 10-day notice specified in Rule 237.5 constituted a "fatal defect on the face of the record" pursuant to Rule 237.1 and struck the judgment. (November 7, 2013) 29. Here, Defendant alleges that the record supporting the default judgment against her was fatally defective because Plaintiff violated Pa. R.C.P. 237.5 when it failed to send the proper Important Notice to the Defendant and violated Pa. R.C.P. 1018.1 when itfailed to send the proper Notice to Defend in its Complaint and also where Plaintiff failed to allege that it was the owner of the subject account in its Complaint as per Wells Fargo. WHEREFORE, the Defendant requests that the Court strike the default judgment. By: Respectfully submitted, Gregory'i. Artim, Esquire PA I.D. #80886 Attorney for Defendant Our File No.: 129230 APOTHAKER & ASSOCIA 1'ES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS c/o Apothaker & Associates, P.C. ) CUMBERLAND COUNTY 2417 Welsh Road, Suite 21 #520 ) Philadelphia, PA 19114 ) NO.: b$ - cite (2 Ie r M Plaintiff, ) vs. ) ) JANET L WENGER ) 203 ZION RD ) NEWBURG, PA 17240-9366 ) Defendant ) ) 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 yourdefenses 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la carte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corse puede decidir a favor del edemandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos iniportantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TALSERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney LD.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS c/o Apothaker & Associates, P.C. ) CUMBERLAND COUNTY 2417 Welsh Road, Suite 21 #520: ) Philadelphia, PA 19114 ) NO.: Of- Q( 21 Plaintiff, ) vs. JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 Defendant ) ) ) ) ) ) ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at do Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is JANET L WENGER, an adult individual residing at 203 ZION RD NEWBURG, PA 17240-9366. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds; in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $8,511.45. 8: Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is BANK OF AMERICA. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $8,511.45 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney f. Plaintiff A Law Firm Eng. Debt Collection BY: Dated: 12/21/2007 Our File No.: 129230 David J. � othaker VERIFICATION David J. Apothaker, Esq^ 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 undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to worn falsification to authorities. DavidApothaker Attorney for Plaintiff DATE: 12/21/2007 LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 STATEMENT OF ACCOUNT Debtor's Name: JANET L WENGER Account Number: 4888603111654273 Original Creditor: BANK OF AMERICA Balance Due: $8,511.45 Our File No.: 129230 EXHIBIT "A" CF ELF{ lC 2008JAN,7 P.. tf Al±"f T44y 2 478.so Po T -N at if" 445 fir* X788 Our File No.: 129230 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING LLC vs. JANET L WENGER Plaintiff, Defendant. COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 08-96 ) ) Civil Action ) ) PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, LVNV FINDING LLC, and against Defendant JANET L WENGER, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on January 15, 2008 by the CUMBERLAND Sheriff's Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on April 24, 2008, and also attached hereto. Assess damages in the amount of:. (a) (b) Balance: Interest from December 21, 2007 TOTAL Dated: 10/20/2008. $8,511.45 $387.56 $8,899.01 APOTHAKER & . ' SOCIATES, P.C. Attom f • Plaintiff ALaw Firm E • ag=,, in Debt Collection By: David . Apothaker Our File No.: 129230 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423: 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY Plaintiff, ) vs. ) ) NO.: 08-96 JANET L WENGER ) ) Civil Action Defendant. ) ) AFFIDAVIT OF NON-MIIIITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 203 ZION RD NEWBURG, PA 17240-9366. We inquired with the web site of the Defense 1600 Wilson Boulevard, Suite 400, Arlington, VA 222 in any branch of the military. Mary M. Snavely -Dixon, Director of the De back our inquiry indicated that the Defendant(s) is/ wer Data Center, located at 593, if the Defendant(s) is/are anpower Data Center has sent ot in the military. L.7 David J. Apo Attorney for P aintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Request for Military Status • • Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 SEP -23-2008 17:55:34 < Last Name First/Middle Begin Date ' Active Duty Status J Service/Agency WENGER JANET L Based on the information you have furnished, the possess any information indicating that the individual DMDC does not is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. hbvt* Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an org ' tion of the Department of Defense that maintains the Defense Enrollment and Eligibility Repo g System (DEERS) database which is the official source of data on eligibility for military medical are and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provid below. If you have evidence the person is on active -duty and you fail to obtain this additional Mill Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved, accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. Fobr historical information, please contact the Military Service SCRA points -of -contact. See: http://www.defenselink.mil/faq/pis/PC09SLI1)R.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.miUscra/owa/scra.prc Select 9/23/2008 129230 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC vs. JANET L WENGER To: JANET L WENGER. 203 ZION RD NEWBURG, PA 17240-9366 ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) NO. 08-96 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: April 24, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 Lawyer Referral and Information Service 800-990-9108 /s/ David J. Apothaker DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within PETITION TO STRIKE JUDGMENT was served by first class mail upon the following: LVNV Funding, LLC c/o David Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road Mount Laurel, NJ 08054 (Attorney for Plaintiff) DATE Gre . Artim, Esquire LVNV FUNDING, LLC, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JANET L. WENGER, DEFENDANT : 08 -0096 CIVIL TERM ORDER OF COURT AND NOW, this a rC" day of May, 2014, upon consideration of Defendant's Petition to Strike Judgment, a Rule is issued on Plaintiff to show cause why the relief should not be granted. Said rule is returnable twenty (20) days from service with a copy to be submitted to the court. By the Court, Albert H. Masland, J. ✓ David J. Apothaker, Esquire 520 Fellowship Road Mount Laurel, NJ 08054 For Plaintiff ✓ Gregory T. Artim, Esquire 1751 Lincoln Highway North Versailles, PA 15137 For Defendant :sal Cape frbilEc-L CO -t s�- = Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ^ ^ PILED -OFFICE OF THE -o�m�"�w"°' ur rnv/pu"u`m�` NI&OCT AMIY: * COUNTYCUMBERLAND PENSYLVANIA LVNV Funding LLC vs. Janet L. Wenger Case Number 2008-96 SHERIFF'S RETURN OF SERVICE 03/27/2014 03:44 PM - Noah Cline, Ooputy, who being duly sworn according to |aw, 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, Orrstown Bank, 22 South Hanover Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Thomas Bieber, 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 him. The writ of execution and notice to defendant was mailed on March 31, 2014 to Janet L. Wenger, at 203 Zion Road, Newburg, PA 17240-9366. 10X07/2014 Ronny R. And . Sheriff, who being duly sworn according to |aw, states this writofexecution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.26 SO ANSWERS, October 07, 2014 RONR ANDERSON, SHERIFF