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HomeMy WebLinkAbout08-5670 • Our File No.: 183774 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 0i- S'& 70 NOTICE el z# Prm 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 183774 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, ) vs. ) JANET L WENGER ) 203 ZION RD ) NEWBURG, PA 17240-9366 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: U )-- 5-610 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are JANET L WENGER, an adult individual residing at 203 ZION RD NEWBURG, PA 17240-9366. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5416571784818764; and said account was issued to Defendant(s) by WASHINGTON MUTUAL, 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 $2,032.17. 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 '$2,032.17 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER &,KSSOCIATES, P.C. A Law Firm Enjaged in Debt BY: David J. ?kpq cer, Esquire Dated: 9/17/2008 Our File No.: 183774 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 understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 to unworn falsification to authorities. David J. Apothaker, Esquire Atto ev for Plaintiff DATE: 9/17/2008 JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 STATEMENT OF ACCOUNT LVNV FUNDING LLC Debtor's Name: JANET L WENGER Account Number: 5416571784818764 Original Creditor: WASHINGTON MUTUAL Balance Due: $2,032.17 Our File No.: 183774 EXHIBIT "A" ' y m V r Xv- 1C) -, -: C7 . SHERIFF'S RETURN - REGULAR CASE NO: 2008-05670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WENGER JANET L WILLAIM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ii=ATrg10n TTATL V T. the DEFENDANT , at 1220:00 HOURS, on the 29th day of September, 2008 at 203 ZION ROAD NEWBURG, PA 17240 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.00 Affidavit .00 Surcharge 10.00 00 )b10F1Dp q 4 Sworn and Subscibed to before me this day of So Answers: ,yam-?-•C R. Thomas Kline 10/01/2008 APOTHAKER & ASSOCIATES By: , Deputy Sheriff A. D. P b Our File No.: 1$3774 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 LVNV FUNDING LLC Plaintiff, VS. JANET L WENGER Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5670 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, JANET L WENGER, in the default of an Answer, in the amount of $2,100.24 computed as follows: Amount claimed in complaint: $2,032.17 Amount Paid: - $(0.00) Interest from September 17, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $68.07 Costs $0.00 Attorney fees $0.00 TOTAL $2,100.24 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, JANET L WENGER, last know address is 203 ZION RD NEWBURG, PA 17240-9366. APOTHAKER & Attorney A Law Firm Eng By: David J. 0CIATES, P.C. Plaintiff in Debt Collectioi Dated: 5/14/2009 F TNT RI, 4,AYf') Y 2009 HAY 19 PH ci: 10 Y 1.5 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. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5670 Civil Action NOTICE 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. Apothaker, Esg. at this telephone number: 215-634-8920 n*_7 i1, aoe,' 9 s Our File No.: 183774' 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. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-5670 . 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 Boulevard, Suite 400, Arlington, VA 22209-2593, if the Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i David J. AIR( Attorney for r Data Center, located at 1600 Wilson s) is/are in any branch of the military. Center has sent back our inquiry 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. Department af Dame Manpower Data Center Pursuant to the Sesvicemembers Civil Re `Act 10.05-.44 WEN IJAMTL lamed ou doe in6ormsfim you hate f xaisb the DMDC d©cs not possess any Via. ring dot the imfividual correntty on active duty. Upon Warcbisg the i*cmadw data baola of die Dgraremeat cf Defense i4llanp wa Data Center. bassi an the information dot you provided, the above is the carne 11 of the indtvided as to ail branches of da 14filtery. "ay,a .t-4-6 "00- Mary X SnavelyDkon, D?eectcr Dqwtment of Def !nw - Manpower Dnta Center 1600 Wiison Bid, Saito 400 Arfiaox% VA 22209-2393 The DefixwMa npowa Data Curter (MM M a an otpaudion of doe Department cf Demme that maintains, die Dckm Enrollment and W*i1ity Reporting System (DEERS) database which is the afficial source ofdda on dtyfor uffeary medivi carne and odw is y systems. The Department cafDdense strongly supports the edweement of the Seaevicemanbers CINAI Re Ad 150 USCS Appx §§ 501 et segj (SCRA) Omme dy 6-- Sd&e ' and Sailiors' Cid ReW Act of 1 )_ DWDC bar issued herds of douses ds Cff 'does not possess any infixonstion indicating that the odM&W is coweady an arm duty" responses, and has experienced a smut aim rate_ In the event the individual wed above, or arty fanny Vic, friend, at repet ve asserts in any manuff dut the is on active duty, or is otherwise entitled to the protecdons of the SCRA, you we atroo* mcourapd, lo obtain firdw ves'> iom of tee paseds active dngy stem by caetctiog dug ms's lacy Service vin the "de k mir URL provided below. If yon ham evideasace the persm is on active-doty and you fal to obtain This addMonai Nflitary Savi a venTrat m pravnions of de SC RA may be iwoked; against yom 1f you obtain An ther information about the pessan { e.g., an SSN. ingzovsed accuracy of DOB, a midciie name}, you can submit your rem again at this Web site and we will provide anew cue for due query, This res mew reflects current active duty status only For istaru ` please contact the Mitary Service SCRA points- Of-contact. Sec; ittvrJIwww.dcfesseink.mar WARNWCr. This ca &ate was provided based can a name and Social Security nmAw (SSM provided by the rte, Providing an raraneous name or SSN wA an cuencous +cati6cate to be provided. Report ID-WM,SW- T"r 183774 OFFICE OF THE PROTHONOTARY t 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. 08-5670 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: November 10, 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR 14 DA D . APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 SHERIFF- S RETURN REGULAR CASE NO: 2008-05670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WENGER JANET L T ?,;s WILLAIM CLINE , 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 1220:00 HOURS, on the 29th day of September, 2008 at 203 ZION ROAD NEWBURG, PA 17240 by handing to JANET WENGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof'. Sheriff's Costs: Docketing 18.00 Service 19.00 Affidavit .00 Surcharge 10.00 .00 47.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/01/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff of , A. D. THE ???7 ,,Y.,v M9 MAY 19 PH 1t. 10 T ate-