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Home My WebLink About08-7244Our File No.: 189942 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.: os - gA44 ?tv:( et k 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 189942 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.: ose- / ,?-y / 1 4 e , 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 #4559534500140947; 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 $2,757.27. 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 $2,757.27 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enaw BY: Dated: 12/2/2008 MATES, P.C. Debt David J. Air, Esquire Our File No.: 189942 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 unde 'geed understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating worn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff DATE: 12/2/2008 LVNV FUNDING LLC JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 STATEMENT OF ACCOUNT Debtor's Name: JANET L WENGER Account Number: 4559534500140947 Original Creditor: WASHINGTON MUTUAL Balance Due: $2,757.27 Our File No.: 189942 EXHIBIT "A" Cll CIO ?r 00 C7 co SHERIFF'S RETURN - REGULAR CASE NO: 2008-07244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WENGER JANET L NOAH 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 0016:50 HOURS, on the 19th day of December , 2008 at 203 ZION RD NEWBURG, PA 17240 by handing to JANET L. WENGER DEFENANT 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 17.10 Affidavit .00 Surcharge 10.00 00 /j6 z?? 9 45.10 Sworn and Subscibed to before me this day So Answers: ae r2x- R. Thomas Kline 12/23/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff of A. D. Our File No.: 189942 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.: 08-7244 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, JANET L WENGER, in the default of an Answer, in the amount of $2,977.61 computed as follows: Amount claimed in complaint: $ 2,757.27 Less: Amount Paid: ( 0.00) Plus: Interest from December 2, 2008 to August 12, 2009 at the legal 96.74 interest rate of 6.00% per annum Attorney fees 0.00 TOTAL $ 2,977.61 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 k APOTHAKER A Law Firm En ge in By: David J. of is 203 ZION RD NEWBURG, PA 17240-9366. .TES, P.C. Dated: August 12, 2009 • Our File No.: 189942 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.: 08-7244 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 Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if thelge endant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i David J. Apothaker Attorney for Plaintiff Data 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 unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. ATTORNEYS AT LAW Department of Defense Dower Data Center AUG-1-200911.1 5,,00 Astray Stem Refit Pursuant to the Senicemembers Cut Reef Act Lut 1F idie Be& Date Actire Dwty States Servk&Ageecy N2ae VENGER J Based on the informabosn you have furnished, the D-MM does not possess any infer ali ng that the final is curtendy on acti%v duty. Upon searching the information data baniks of the Department of Defense Manpower Data Center, based on the information, that you Provided. tine above b tie current status of the irrdivAal as to all branches of the M y. )1)jtw44t 14 1j0j*4._ /In- 40?0- Mary .. Snavely-Dixon, Director Department of Defense - Manpowe r Data Center 1600 Wilson Blvd-- Shire 400 Afii ngton, IVA 22209-2593 The Defense Manpower Data Center (D DC) is an orgy niz of the Depwtment of ll&nse that maintains the Defense Enro&nvt and Eligibsilky Reporting System (DEERS) database which is the otTkW source of data on el i l*y for military medical care and odver efioAky systems. The Department of Defense strongly snits the e n once mtot of the Senke me tubers Civil Rcfief Act [50 USCS Apps. §§ 501 et seq] (SCRA) (fonnne rly the Soldiers' and Sailors' Civil RefiefAct of 1940)_ DINIDC has issued hundreds cfdxxman& of 'does not possess any i of 69 the individual is curresdv on active '" responses, and has a xperiennce d a swag error rate. In the event the iAvkkud referenced above, any family member, friend, or representative asserts in any manner that the individual is on active may, or is otherwise esntided to the protections of the SCRA, you are strongly encouraged to obtain fnrther veffication of the persons active duty status by contacting that persods Military Service via the "ddensefidc.m r URL provided below. If YOU have evidence the person is on active-duty and you fag to obtain this additional Merry Service verification, provisions of the SCRA may be invoiced against you. If you obtain, further information abouut, the person ( e.g., an SSN, i 4r(nred accuracy of DOB, a middle nartne), you can submit your request again at this Web site and we will prom a new certiCcate for that query. This response reflects current active duty status, only. For historical afmwat m, please contact the Military Service SCRA paints. of-contact. Sec- htttawi -.s .de rtsefintc.nuTfiu?pisPCQ9SLDR.1 WARNING- This certificate -was provided based on a name and Social Seamy number (SSN) provided by the requester. Providing an erroneous name or SSN R cause an erroneous c cafe to be provided. A4,0rt I2?_B v"HM"Y7t 4 139942 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ti CUMBERLAND COUNTY LVNV FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) JANET L WENGER ) NO. 08-7244 To: JANET L WENGER 203 ZION RD NEWBURG, PA 17240-9366 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: January 19, 2009 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 DAVI J. 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 438423 1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-0'1244 P COMMONWEALTH OF PENNSYLVANIA: COUN' Y OF CUMBERLAND LVI%TV FUNDING LLC VS WENGER JA iET L NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Penrsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WENGER JANET L• the DEFENDANT at 0016:50 HOURS, on the 19th day of December., 2008 at 203 ZION RD NEWBURG, PA 17240 by handing to JANET L. WENGER D E r ENAN T a true and attested copy of COMPLAINT & NOTICE J together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 17.10 .00 10.00 R. Thomas Kline .00 45.10 12/23/2008 APOTHAKER & ASSOCIATES By. day Deputy Sheriff of A.D. Pd?,?oa #, aa9 '?53 6?d adi u 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 NO.: 08-7244 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. Apothaker, Est at this telephone number: 215-634-8920 01fo