The URL can be used to link to this page

Home My WebLink About14-5736 Supreme Court.of Pennsylvania C6U -Com Pk'M ee For psrirltnttnrri C D count Y +f -S /J the Mfor madon eodeaed on this foam is ai.W sotelyfoT court adr *'S'tra on jT Wposw. This form doer trot srppiemr�rt or raplaca`tl¢a_fi-irtr�a;�d.sijt-�ee�ifplea�dii��s owof�er'papers cs regi�ar��d�ij�laaa�a� �tles e�f rd�►�t. S Commencement of Action: E E Complaint ❑Writ of Summons ❑Petition ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T CAVALRY SPV I,LLC CYNTHIA A WENGER I 11 Dollar Amount Requested: ® within arbitration limits 0 Are money damages requested? ® Yes El No (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ®No A Name of Plaintiff/Appellant's Attorney: Apothaker Scian P.C. ❑ Check here if you have no attorney(are a. Self-Represented [Pro Se] Litigant) i Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE.If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑Intentional ❑ Buyer Plaintiff Administrative Agencies ❑Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑Motor Vehicle ❑Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑ Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal: Other ❑Product Liability(does not S include mass tort) ❑Employment Dispute: E ElSlander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute:Other C El Zoning Board TEl Other: I ❑ Other: o MASS TORT N El Asbestos ❑Tobacco ❑Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment E B ❑ Other: ❑ Ground Rent ❑Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order ❑Mortgage Foreclosure:Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: [3 Dental El Other: ❑ Legal ❑Medical i ❑ Other Professional: i�� to Our File No.: 381498 Apothaker Scian P.C. P25 , BY: David J. A othaker Esquire �U�`�^ Attorney I.D.#38423 PEj"".1� Coy 520 Fellowship Road Suite C306 PO Box 5496 Mt. Laurel,NJ 08054-5496 (800)672-0215 Attorneys for Plaintiff CAVALRY SPV 1, LLC ) COURT OF COMMON PLEAS 500 SUMMIT LAKE DRIVE STE 400 ) CUMBERLAND CO TY VALHALLA,NY 10595-1340 ) l�`v I Plaintiff, ) NO.: - vs. ) CYNTHIA A WENGER ) 916 WILLIAMS GROVE RD ) MECHANICSBURG,PA 17055-8000 ) Defendant(s). ) 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 S 717-249-3166 Q l Our File No.: 381498 Apothaker Scian P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road Suite C306 PO Box 5496 Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff CAVALRY SPV I, LLC ) COURT OF COMMON PLEAS 500 SUMMIT LAKE DRIVE STE 400 ) CUMBERLAND COUNTY VALHALLA,NY 10595-1340 ) Plaintiff, ) NO.: VS. ) CYNTHIA A WENGER ) 916 WILLIAMS GROVE RD ) MECHANICSBURG, PA 17055-8000 ) Defendant(s). ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAVALRY SPV I, LLC, 500 SUMMIT LAKE DRIVE STE 400, VALHALLA,NY 10595-1340. 2. Defendant(s) is/are CYNTHIA A WENGER ("Defendant"), an adult individual residing at 916 WILLIAMS GROVE RD, MECHANICSBURG, PA 17055-8000. 3. Plaintiff is the Assignee and Successor in Interest of a credit account("Account"). 4. The Account number ends in 6249. 5. The Account was issued to Defendant(s) by FIA Card Services,NA/Bank of America, the original creditor. 6. Defendant(s) used the account by making purchases, balance transfers, and/or cash advances. 7. The account is in default. 8. Although demand has been made, Defendant(s) failed to make payment of the amount due. 9. The amount due as of this date is $15,598.38. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of$15,598.38 and requests this Court award costs to the extent permitted by applicable law. Apothak cia P.C. Attorne for P intiff A Law Firm Eng ged i Debt Collection BY: David J. ApotWer, Esquire Our File No.: 381498 381498 VERIFICATION I, [1NCr,,CL (? , hereby state that I am lJt Uf 17 d QA-1 4_ for Plaintiff. I hereby verify that,upon information and belief based on my review of the documents and records,the facts set forth in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Affiant ame Defendant's Name: CYNTHIA A WENGER Account Number: ending in 6249 PACC SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED -OFFICE Sheriff OF THE PROTHONOTARI op et Color 4,0 20140CT 13 M110: 08 CUMBERL AND COUNTY OFFICE OF THE SHERIFF PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Cavalry SPV I, LLC vs. Cynthia A Wenger Case Number 2014-5736 SHERIFF'S RETURN OF SERVICE 10/07/2014 06:24 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Joseph Wenger, Son, who accepted as "Adult Person in Charge" for Cynthia A Wenger at 916 Williams Grove Road, Monroe Township, Mechanicsburg, PA 17055. NOAH CLINE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, October 08, 2014 (c) C,ountySuite Sherif:, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF \. `" Our File No.: 381498 Apothaker Scian P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff CAVALRY SPV I, LLC Plaintiff, vs. CYNTHIA A WENGER ) Defendant. ) STIPULATION IN LIEU OF JUDGMENT ) The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) DOCKET NO.: 14-5736 CIVIL ) ) Civil Action It is on November 24, 2014, STIPULATED by and between CAVALRY SPV I, LLC ("Plaintiff') and CYNTHIA A WENGER ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $15,598.38, plus court costs in the amount of $156.30, for a total of $15,754.68. 2. Defendant agrees to remit payment(s) in the following manner: a. $3,100.00 to be paid by November 24, 2014; b. $350.00 to be paid on or before December 24, 2014; c. $1,626.00 to be paid on or before December 31, 2014; d. $350.00 to be paid on or before the 24th day of each month, beginning January 24, 2014 until paid in full. You or your representative authorized one (1) check -by -phone, listed above. 3. All payments shall be made payable to "CAVALRY SPV I, LLC", and sent to the office of Plaintiffs attorney, Apothaker Scian P.C., located at the following address: Apothaker Scian P.C. 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 1 4. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first- class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm Engage Debt Collection By: Benjamin Attorney By: o, Esquire # 307949 Defendant YNTHIA 1--°-11e6WEN R