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HomeMy WebLinkAbout08-0379 Our File No.: 128250 'APOTNAKER & 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. YOLANDA CRESPO 2206 WARREN WAY MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: -term Ce - s" w i 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 demanda 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 INMEDIATAMENTE. 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. 'B v : 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. YOLANDA CRESPO 2206 WARREN WAY MECHANICSBURG, PA 17050 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 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 214520, Philadelphia, PA 19114. 2. Defendant is YOLANDA CRESPO, an adult individual residing at 2206 WARREN WAY MECHANICSBURG, PA 17050. 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 $3,008.36. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is SEARS. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,008.36 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER Atto A Law Firm BY: ISOCIATES, P.C. Plaintiff in Debt Collection Dated: 1/8/2008 Our File No.: 128250 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 relatin ob" nsworn falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: 1/8/2008 LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 YOLANDA CRESPO 2206 WARREN WAY MECHANICSBURG, PA 17050 STATEMENT OF ACCOUNT Debtor's Name: YOLANDA CRESPO Account Number: 0363498276304 Original Creditor: SEARS Balance Due: $3,008.36 Our File No.: 128250 EXHIBIT "A" flz it l d O CASE NO: 2008-00379 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS CRESPO YOLANDA WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CRESPO YOLANDA the DEFENDANT at 1729:00 HOURS, on the 18th day of January , 2008 at 2206 WARREN WAY MECHANICSBURG, PA 17050 YOLANDA CRESPO 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 11.52 Affidavit .00 Surcharge 10.00 .00 11:15/0 P 3 9. 5 2 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/22/2008 APOTHAKER & ASSOCIATES By. r Deputy Sheriff A. D. Our File No.: 128250 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. YOLANDA CRESPO Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-379 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, YOLANDA CRESPO, in the default of an Answer, in the amount of $2,788.56 computed as follows: Amount claimed in complaint: $3,008.36 Amount Paid: - $(430.00) Interest from January 08, 2008 to 03/14/09 at the legal interest rate of 6.000 per annum $210.20 Costs $0.00 Attorney fees $0.00 TOTAL $2,788.56 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 that Plaintiff's address as LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C 306, Mount Laurel, NJ 08054 and that Defendant, YOLANDA CRESPO, last know address is 2206 WARREN WAY MECHANICSBURG, PA 17050. APOTHAKER & Attorney A Law Firm Eng By: David J. !ASSOCIATES, P.C. for aintiff rd i Debt Collection Dated: 3/14/2009 r ? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: YOLANDA CRESPO 2206 WARREN WAY MECHANICSBURG, PA 17050 LVNV FUNDING, LLC Plaintiff, vs. YOLANDA CRESPO Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-379 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. AWthaker, Esq. at this telephone number: 215-634-8920 i Our File No.: 128250 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. YOLANDA CRESPO Defendant. Civil Action AFFIDAVIT OF NON-MILITARY 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 2206 WARREN WAY MECHANICSBURG, PA 17050. 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 Defe indicated that the Defendant(s) is/are not in the mili=.. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-379 David J. Akthaker Attorney for PIainti Data Center, located at 1600 Wilson ) 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 unsworn falsification to authorities. 128250 OFFICE OF THE PROTHONOTARY ' COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) YOLANDA CRESPO ) NO. 08-379 To: YOLANDA CRESPO 2206 WARREN WAY MECHANICSBURG, PA 17050 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: March 26, 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 1? DAV D 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 t . Request for Military Status Page 1 of 1 Department of'Defense Manpower Data Center MAR-14-2009 06:34:32 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act +K Last Name First/Middle Begin Date Active Duty Status Service/Agency CRESPO YOLANDA 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. Algil )4, it 0144., Aj??_ 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 organization 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 active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided 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: hitp://www.defenselink.mil/faa/p is/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: FPOEUQHILV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/14/2009 jar SHERIFF'S RETURN - REGULAR CASE NO: 2008-00379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS CRESPO YOLANDA WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CRESPO YOLANDA the DEFENDANT at 1729:00 HOURS, on the 18th day of January 2006 at 2206 WARREN WAY MECHANICSBURG, PA 17050 by handing to YOLANDA CRESPO 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 11.52 Affidavit .00 Surcharge 10.00 .00 39.52 Sworn and Subs,cibed to before me this day So Answers R. Thomas Kline 01/22/2008 APOTHAKER & ASSOCIATES By: r Y Deputy -sheriff of A. D. 44 MM ..? n Y rn itiJ "? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 'PILED-Ci' ICE Sheriff 0, I HE P R0T1-10N 01'A R i' Jody Smith y .. : 2013 JUL _g AM 10: 12 Chief Deputy Richard W Stewart ��3 ' Solicitor F w Ir- CUMBERLAND COUNTY PENNSYLVANIA LVNV Funding LLC vs Case Number Yolanda Crespo 2008-379 SHERIFF'S RETURN OF SERVICE 0710312013 10:48 AM-Ronald Hoover, Deputy Sheriff,who being duly sworn according to law, states that on July 3, 2013 at 1048 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Yolanda Crespo, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Susan Casale, Branch Consultant, 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 her. The writ of execution and notice to defendant was mailed on July 8,2013 to Yolanda Crespo at 2206 Warren Way, Mechanicsburg, PA 17050(envelope provided by atty's office). t'V vi vaeA t_..- 0�)RONALD OV , DEPUTY SO ANSWERS, July 08, 2013 RON ! R ANDERSON, SHERIFF (c)CountySuite Sheriff,TdP.osnrt,Inc. Our File No.: 128250 LVNV FUNDING, LLB .j �� IN THE COURT OF COMMON PLEAS OF Plaintiff 10 . CUMBERLAND COUNTY, 13tABEM- AV'A 0 � 1��`( PENNSYLVANIA vs. �� YOLANDA CRESPO NO.: 08-379 Defendant(s) a wo `�rvcyk PRAECIPE FOR WRIT OF EXECUTION jym 0A, -�`01 1'l t To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against YOLANDA CRESPO, defendant(s); and (3) against PNC BANK 325 WESLEY DR MECHANICSBURG, PA 17055, Garnishee(s); (4) and index this writ in the judgment index (a) against YOLANDA CRESPO, defendant(s), and (b) against PNC BANK 325 WESLEY DR MECHANICSBURG, PA 17055, 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 $2788.56 Interest from March 24, 2009 $555.25 a Minus Payments made $100.00 Plus Costs $179.00 Total $3422.81 0 Wf `�c��. a David J. Apot ker, Esquire Attorney for Plaintiff(s) U 7 A So a # 01D1 ��a4ay�g WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-379 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING,LLC Plaintiff(s) From YOLANDA CRESPO,2206 WARREN WAY,MECHANICSBURG,PA 17050 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: PNC BANK,325 WESLEY DRIVE, MECHANICSBURG,PA 17055 -ALL ASSETS AND ACCOUNTS,INCLUDING,BUT NOT LIMITED TO,BANK ACCOUNTS,BROKERAGE FIRM ACCOUNTS,STOCKS,CD'S,.INSURANCE,SAFETY DEPOSIT BOXES,ETC, and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) 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, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,688.56 Plaintiff Paid$ Interest FROM MARCH 24,2009-$555.25 Attorney's Comm. % Law Library$.50 Attorney Paid$161.02 Due Prothonotary$2.25 Other Costs$179.00 Date:JUNE 27,2013 David D.Buell,Prothonotary By: 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: 1-800-672-0215 Supreme Court ID No. P11 _� MONO SIRLIN LESSER&BENSON,P.C. By: Jon C.Sirlin,Esquire JUL 1,5 P Pj Identification No.: 17498 123 South Broad Street,Suite 2100 CUMB ERLANA OTY Philadelphia,PA 19109 PENIA (215)864-9700 Attorney for Garnishee LVNV FUNDING,LLC COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. YOLANDA CRESPO O and No.43-859- PNC BANK,GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank Garnishee, in the above-captioned matter. JO IRLIN At mey rGarnishee Date: r)- � SDK0LDN LESSER &BENSON,P.C. D��; ����� ��lix ` —^ ----'--"�� O.° ~0 O Nw.: 17498 A . �' 123 South Broad Street,Suite 2D00 AE R'i� A ND C0U"TY PA 89109 p����yLVA N I A (215)864-9700 Attorney for Garnishee LlNVFUNDlN{], LLC COURT OF COMMON PLEAS � COUNTY OFCUMBERLAND VS. � YOL/\NDACREB}`(} NO. 08-379 and � PNC BANK, GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT )+S. The Bank has uu account balance of$3,23l.57bz titled jointly toJoel J. Roman,Yolanda l.. Crcaoo as joint 1cnuntu. Pursuant to the terms and conditions of the deposit agreement between the bank and the dopoobnr, the bank c|ubma a priority lien in, and u right nf set-off against the account consisting of $100.00 Legal Processing Charge and must allow for the general monetary exemption under 42 Pu.C.3. 8 8123. ln addition,pursuant tn42Pu.C.6.A. Section 25O3,o garnishee's attorney fee io the minimum amount of$35O.O0io authorized and will bo deducted from the attached funds. 7. (0) lf you are u bank or other fiuunoiu| institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the cxnnupdoo, the amount being withheld under each exemption and the entity electronically depositing those funds on u recurring basis. (/\) No. 8. (0) lf you are u bank or other financial institution, u1 the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit,not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 429n.C.S. 80|23? ly so, identify each account. (&) No. Date: Atto (jaro'ohec i VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank,N.A.;that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unsworn falsification to authorities. Re: LVNV Funding vs Yolanda Crespo DOCKET NO: 08-379 ti Tabatha Gi evacz OPS Analyst I—Garnishment Processing DATE: 07/22/1.3 Lit-233946.1 t T 'LEO-OrF.Ic. Our File No.: 128250 O T 110tio r�, APOTHAKER&ASSOCIATES, P.C. 1013 SF-p By: Benjamin J. Cavallaro, Esquire -9 ptf Attorney 520 Fellowship#3 07949 Road C306 PENNSYC CUMBERLAND Y Mo unt Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 08-379 YOLANDA CRESPO ) Defendant ) Civil Action PNC BANK ) Garnishee ) MOTION FOR JUDGMENT AGAINST GARNISHEE Plaintiff, LVNV FUNDING, LLC, respectfully requests that the Court enter an Order granting Judgment against the Garnishee for the following reasons: 1. Plaintiff obtained a judgment against defendant in the within matter. 2. The judgment has not been satisfied and a balance of$3,555.88 remains. 3. Plaintiff obtained a Writ of Execution and served Interrogatories on the Garnishee. The Interrogatories are attached hereto and incorporated by reference herein. 4. The Garnishee responded to the Interrogatories indicating that there is one account in defendant's name with a total balance for execution purposes of$3,231.57. The Response to Interrogatories is attached hereto and incorporated by reference herein. 5. The Response to Interrogatories states that the account in defendant's name is jointly held. 6. On August 6, 2013 Plaintiff served on defendant a Request for Admissions and Request for Production. The Request for Admissions, Request for Production and Certification of Service are attached hereto and incorporated by reference herein. 7. Defendant responded, admitting that she is not the spouse of the second individual named in the Interrogatories as having an interest in the account. 8. The account is therefore not jointly held by the entireties and as such is subject to levy. 9. A Judge has not ruled upon any other issue in the within motion. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against the Garnishee. APOTHAKER&ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Eng e in Debt Collection BY: Benjamin Cav aro, Esquire Our File No.: 128250 APOTHAKER&ASSOCIATES,P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff COURT OF COMMON PLEAS OF LVNV FUNDING, LLC CUMBERLAND COUNTY Plaintiff vs. NO.: 08-379 YOLANDA CRESPO Defendant Civil Action PNC BANK Garnishee PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR JUDGMENT AGAINST GARNISHEE Facts Plaintiff obtained a judgment against defendant in the within matter. The judgment has not been satisfied and a balance remains. Plaintiff levied defendant's bank account and served Interrogatories on the Garnishee. The Garnishee responded to the Interrogatories indicating that there is an account in defendant's name with a total balance for execution purposes of$3,231.57. The Response to Interrogatories states that the account in defendant's name is jointly held. On August 6, 2013, Plaintiff served on defendant a Request for Admissions and Request for Production. Defendant responded, admitting that she is not the spouse of the second individual named in the Interrogatories as having an interest in the account. The account is therefore not jointly held by the entireties and as such is subject to levy. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against the Garnishee. APOTHAKER&ASSOCIATES,P.C. Attorney for Plaintiff A Law Firm Engage ' Debt Collection BY: Benjamin . Cavallar , squire SIRLIN LESSTR bar BENSON,P.C. .A PROFES91ONAL CORPORATION ATTORNEYS AT LAW JON.0 SIRLI N PENNSYLVANIA:OFFICE PETER A.LESSER* 123 S..ISROAD STREET JOHN D.BENSON* SUITE 2100 .SUSAN J.KUPERSMITH*f PHILADELPHIA,PA 19109 DANA S.PLON* (215)864.9700 DOROTHYANNE HAMIL L" FAX(215)864-9669 LISA M.RUTENBERG** JERRY I.DREW NEW JERSEY OFFICE PATRICK J.TROY 102.BROWNING LANE ICIERSTIN M.LANCE* BUILDING C- ADAM NACHMANI* CHERRY HILL,NJ 08603 NICHOLAS C,CAMPELLONE* July 23, 2013 (856)616-1900. FAX(856)216-7459 t COUNSEL. PA&NJ RAR '"PA,NJ&NID David J.Apothaker,Esquire 520 Fellowship Road Suite C 7306 ' ' Mt.Laurel,NJ 08054 � zs ........... Re:-___.--LVNV...Funding,LLC.vs.:Yolanda..Crespo:... _.. . ` and l NC Bank, Garnishee Dear Mr.Apothaker: Enclosed herein please#%nd a copy of Garnishee's Answers to Interrogatories,which I am filing with the Prothonotary on behalf of PNC Bank,National Association,in the above matter. Note that PA R.C.P. No. 3123.1(c) prohibits Entry of Judgment Against Garnishee until the expiration of twenty days from the date of service of the'Writ of Execution upon garnishee. Please be advised that in the event you wish to recover your record costs or additional interest via which are properly chargeable via this attachment,the bank requires that a time stamped assessment of costs or bill of costs accompany your time stamped Praecipe to Enter Judgment confirming its filing. This document should specifically detail all costs properly incurred and be stamped by the court as filed.No checks will be issued until we are in receipt of a time stamped copies of the Praecipe and assessment or bill of costs. Please also be advised that pursuant to 42 Pa.C.S.A. Section 2503, the Garnishee's fee and costs in the minimum amount of$350.00 will be deducted from Defendant's account at the time of entry of judgment, PLEASE DIRECT ANY INQUIRIES TO THE BANK DEPARTMENT-(215)864-9700. Sincerely, .---ION Enclosures SIRLIN LESSER&BENSON,P.C.. By: Jon C. Sirlin,Esquire Identification No.: 17498 123 South Broad Street,Suite 2100 Philadelphia,PA 19109 (215)864-9700 Attorney for Garnishee LVNV FUNDING,LLC COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. YOLANDA CRESPO : NO. 08-379 and PNC BANK,GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACIFIMENT TO: LVNV.FUNDING,LLC,Plaintiff 1-6. The Bank has an account balance of$3,231.57 in account(s)titled jointly to Joel _... . ............................ J.Roman,Yolanda L.Crespo as joint tenants. Pursuant to the terms and conditions of the deposit agreement between the bank and the .depositor, the bank. claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal.Processing Charge and must allow for the general monetary exemption under 42 Pa.C.S. § 8123. In addition,pursuant to 42 Pa.C.S.A. Section 2503,a garnishee's attorney fee in the minimum amount of$350.00 is authori2ed and will be deducted from the attached funds: 7. (Q) If you are a bank or other financial institution,at the time you were served or at any subsequent time did, the defendant have funds on deposit in an account in. which, funds are ..deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption,the amount being withheld under each exemption and the entity electronically depositing those_funds on a recurring basis. (A) No. 8. (Q) If you are a bank or.other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in.an account in which the funds on deposit,not including any otherwise exempt funds,did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 81.23? if so, identify each account. (A) No. C. Date: Attor3ieAr Gamishee l' VERIFICATION i i Tlie:unciersi,gned hereby verifies that I am an authorized representative of PN.C..Bank,N.A.;that the:statements made.in-the foregoing A.hsW'ers to Interrogatdries ate true and.Correct to the'best.of inyknoWledge,Inforination kid ? belief and that these statements ate made subject to the penalties'of 18Ra C.S. i s4904,'.rebating to unsworn'falsifcafion to authorities. 1. Re:, LVNV Ftnidin.g vs Yolanda Crespo DOCKET:NO: 08-379 6Tibatha Guzewicz OPS Analyst I Garnishment Processing i DATE: 07/22713: i i i i Lit=233946:1 i I 1 } z � i A e 1 1 'f APOTHAKER & AssOCIATES, P.C. ATTORNEYS AT LAW August 5, 2013 YOLANDA CR.ESPO 2206 WARREN WAY MECHANICSBURG, PA 1.7050 RE: LVNV FUNDING,LLC v: YOLANDA CRESPO DOCKET NO.: 08-379 OUR FILE NO:: 1282.50 Dear Yolanda Ci•espo: Enclosed herein. please find our Request for Admissions and Request for Production. Kindly have sarne answered,within the time prescribed by the Rules of Court. Very truly yours, APOTHAKER&,ASSOCIATES,P.C. EO Enclosure i 520 Fellowship Road 0306,PO Box 5496,Mt, Laurel,NJ 08054 800 672.0215 800 757.4928f 856 780,1000 856 780.1020f 215 634,8920 215634,842]f tnfo@)aj3othaker,corn Our File No.: 128250 APOTHAKER&ASSOCIATES,,P.C. By: Benjamin J. Cavallaro, Esquire Attorney L.D. #307949 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800).672-0215 COURT OF COMMON PLEAS OF LVNV FUNDING,LLC CUMBERLAND COUNTY Plaintiff vs. NO.: 08-379 YOLANDA CRESPO Civil Action Defendant PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION To: YOLANDA CRESPO,Defendant. Pursuant ursuapt to Pennsylvania Rules.of'Civil.Procedure §4005 and §4014 you are directed to respond to the:attached Requests for Admissions and Request for Production separately, fully, and in writing. You.should deliver a true copy of your responses to the undersigned attorney by the deadlines stated below. Benjarm avallaro, Esquire Attorney for Plaintiff Attorney I.D. #307949 52.0 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Date: Instructions.Regarding Requests"for Admissions I Pursuant to P&R,C.P.No.401.4,you are.requested to.admit the truth of each of the matters stated below. 1 You are to respond to each of the following requests within thirty days after service, by delivering or causing to be delivered to the undersigned attorney a statement admitting, denying i specifically, or objecting to each matter of which an admission is requested, or'stating in detail E the reason(s)you cannot truthfully admit.or deny the matter. Your response must be in writing 1 and verified. 1 ' Be advised that the matter is admitted unless,within thirty days after service of the request, or within such shorter or longer time as'the court may allow,the party to whom the request is directed serves upon the party requesting the:admission an answer verified by the party or an objection signed by the party or by the party's attorney. Please note that if after you submit your responses to these requests for admissions,you learn that any such response was either.incomplete when made, or, although-complete and correct when made, is no longer complete and correct,you must amend or supplement your response reasonably promptly after you discover the.necessity for such an amendment or supplementation. Plaintiff will object at trial or any hearing to your use or attempted use of any evidence that is inconsistent with matters that you have admitted or that you have failed to deny on.a timely basis. TtEQUEST FOR ADMISSION$ i 1, JOEL J ROMAN is not`YOLAl�TDA CRESPO's spouse:. 2: The;funds in the levied I'NG Bank,National Association kcoWit belong solely to. YOLANDA CRESPO.: d i E I i I Instructions Regarding Requests for Production As to each Request for Production set forth below;the requested items are to be produced and delivered to the undersigned attorney at 520 Fellowship Road C306,Mount.Laurel,NJ 08054 for inspecting,copying or photographing pursuant to Pa.R.C.P. 4009.1 et seq., unless defendant. objects to same. These requests apply to all described documents and tangible things over which Defendant has possession, custody, or control, and production is to be made within thirty-five days after the date of service of these requests: All original documents produced and identified as such shall be returned.to Defendant within thirty days following receipt thereof Privileged Documents: If you withhold.any documents based upon a claim of privilege you are to provide a log of such documents,listing there by date, title (or description if untitled), author, and the specific privilege asserted. Lost,Discarded or Destroyed Documents: If any document requested herein has been lost, discarded,.or destroyed,please identify such document by providing the following information in your response: I. Description of document; 2. bate of disposal or loss; 3. Manner of loss; 4. Reason for disposal or explanation of loss; 5. :person authorizing disposal; 6.. Persons Having knowledge of disposal or loss; 7. Person disposing of document. Authentication and Use at hearings and Trial: You are Hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at.trial. 3 i t REQUEST FOR PRODUCTION I.- If you atswered yes to Request-for'Adinission Number one (1),please provide documentation supporting.same, including but not limited to the following; A. Marriage.Certificate 2. If you answered no to.Request for Admission Number two (2) ,please provide documentation supporti.ng:same, including but not limited to the following: a. Bank statenzent(s) K Affidavit(s) from person(s)to whom you allege the funds belong Out File No.: 128250 APOTHAKER&ASSOCI ATES, P.C. By: Benjamin J. Cavallaro,Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorneys.for Plaintiff LVNV FUNDING,LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. NO,: 08-379 YOLANDA CRESPO Civil Action Defendant :CERTIFICATION OF SERVICE 1,Benjamin J. Cavallaro, Esquire,.attorney for Plaintiff, certify that oil. r3 i caused to be served a copy of Plaintiff's First Request for Admissions and Request for Productio by regular mail.to: i n YOLANDA CRESPO 2206 WARREN WAY MECHANICSBURG, PA 1705.0 APOTHAKER&ASSOCIATES,P.C. Attorney for Plaintiff 4 A Law Firm ZEin Debt Collection BY: ro, r Be jamin J. C uir aro, Esquire REQUEST FOR ADMISSIONS 1. JOEL J ROMAN is not YOLANDA CRESPO's spouse. / v 2. The funds in the levied PNC Bank,National Association account belong solely to YOLANDA CRESPO. Our File No.: 128250 APOTHAKER&ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY ) vs. ) YOLANDA CRESPO ) NO.: 08-379 Defendant ) Civil Action PNC BANK ) Garnishee ) CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on September 4, 2013, I caused to be served a copy of Plaintiff's Proposed Order, Motion for Judgment against Garnishee and Brief in Support thereof by regular mail to: YOLANDA CRESPO 2206 WARREN WAY MECHANICSBURG, PA 17050 PNC BANK 325 WESLEY DR MECHANICSBURG, PA 17055 APOTHAKER&ASSOCIATES, P.C. Attorney r Plaintiff A Law Firm En ge in Debt Collection BY: Benjami . Cav aro, Esquire V COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: 08-379 YOLANDA CRESPO ) Defendant ) Civil Action PNC BANK ) Garnishee ) O R AND NOW, this � day of , 20 , upon consideration of Plaintiff's Motion for Judgment against Garnishee and Brief in Support thereof, and upon consideration of the Response (if any) filed by Defendant or Garnishee, the Court determines that Plaintiff is entitled to Judgment as a matter of law, and it is hereby: ORDERED and DECREED that Plaintiff's Motion for Judgment against Garnishee shall be GRANTED. Judgment is hereby entered against the Garnishee in the amount of $3,231.57. COURT, Thomas A.Placey J. Ggmmon Pleas Judge -U M CD t/3 ' M Cl) N % Q C1 'd A . V � Cz r'3 g1��13 SIRLIN LESSER& BENSON,P.C. By: Jon C.Sirlin,Esquire _E"0-t F1 Identification No.: 17498 OF U-t . P tOTMGhOT ,;A," 123 South Broad Street,Suite 2100 z; 00 Philadelphia,PA 19109 2013 OCT It Pli (215)864-9700 Attorney for Garnishee f'EPd syl AW r LVNV FUNDING,LLC : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND vs. YOLANDA CRESPO : NO. 08-379 and PNC BANK, GARNISHEE : ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE,PNC BANK Garnishee, PNC Bank, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: $350.00 Notary Charges: $ 0.00 Entry of Appearance: $ 0.00 Answers to Interrogatories: $ 0.00 Order to Discontinue or Satisfy: $ 0.00 Other: \ 0.00 '.`T. r ilk 1.00 \ 1 JON C. SIIlk Attorney fhee Costs are hereby taxed in the amount of$ t i f ,2013. PROTHO •TARY BY: "1LED-0�f:`� OF THE PROMONOTAR'f Our File No.: 128250 APOTHAKER&ASSOCIATES,P.C. 42013 OCT 30 Ph 1: 29 By: David J. Apothaker, Esquire CUMBERLAND COUNTY 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 08-379 YOLANDA CRESPO ) Civil Action Defendant ) PNC BANK ) Garnishee ) PRAECIPE TO SATISFY JUDGMENT AGAINST THE GARNISHEE TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, PNC A K, satisfied. David J. Apothaker, Esquire Attorney for Plaintiff ct 9a X 33 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff °C itir b 4..iClld�'E'P, iLri Jody S Smiths' �"'1d Chief Deputy 'k' Richard W Stewart t)FF<t., ,FTkk„. �FIt:- UI`� G. 4.�i11U U'! j�ta Solicitor Ua"p#.����S�,L�A"`►11'H LVNV Funding LLC Case Number vs. 2008-379 Yolanda Crespo SHERIFF'S RETURN OF SERVICE 07/03/2013 10:48 AM- Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2013 at 1048 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Yolanda Crespo, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Susan Casale, Branch Consultant, 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 her. The writ of execution and notice to defendant was mailed on July 8, 2013 to Yolanda Crespo at 2206 Warren Way, Mechanicsburg, PA 17050 (envelope provided by atty's office). 09/20/2013 ORDER OF COURT And now, this 20th day of September, 2013, upon consideration of Plaintiffs Motion for Judgment against Garnishee and Brief in Support thereof, and upon consideration of the Response (if any)filed by defendant or Garnishee, the Court determines that the Plaintiff is entitled to Judgment as a matter of law, and it is hereby: Ordered and Decreed that Plaintiffs Motion for Judgment against Garnishee shall be GRANTED. Judgment is hereby entered against the Garnishee in the amount of$ 3,231.57. By The Court, Thomas A. Placey, Common Pleas Judge 10/30/2013 Attorney's office filed a praecipe to satisfy judgment against garnishee, PNC Bank. 02/25/2014 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $141.28 SO ANSWERS, February 25, 2014 RbNW R ANDERSON, SHERIFF a• aS pol. Co. • bt 1,pof, 461,+ 45131 & 3e) �y Our File No.: 128250 LVNV FUNDING, LLC Plaintiff vs. YOLANDA CRESPO Defendant(s) DjoLo \,�v' - To the Prothonotary: 16 FM 2: COUNTY SY WA«i, try �i\A . -q))1)1 11),)D‘)1u floS-$ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-379 Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against YOLANDA CRESPO, defendant(s); and PRAECIPE FOR WRIT OF EXECUTION (3) against PNC BANK 325 WESLEY DR MECHANICSBURG, PA 17055 and METRO BANK 5032 SIMPSON FERRY RD MECHANICSBURG, PA 17050, Garnishee(s); (4) and index this writ in the judgment index. (a) against YOLANDA CRESPO, defendant(s), and (b) against PNC BANK 325 WESLEY DR MECHANICSBURG, PA 17055 and METRO BANK 5032 SIMPSON FERRY RD MECHANICSBURG, PA 17050, as Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of Gamishee(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 Interest from March 24, 2009 Minus Payments made Plus Costs Total ei,a) (r-1-rVws z� $2788.56 $695. r8 -$2981.57 $422.78 . $924.94 PI " 4 60 I i dr tLLI 201 bo �t u David J. Apothaker, Esquire Attorney for PI ntiff(s) A � U 3�. r // 'J7 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net LVNV FUNDING, LLC Vs. NO 08-379 Civil Term CIVIL ACTION — LAW YOLANDA CRESPO WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against YOLANDA CRESPO, 2206 WARREN WAY, MECHANICSBURG, PA 17050 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 PNC BANK, 325 WESLEY DRIVE, MECHANICSBURG, PA 17055 AND METRO BANK, 5032 SIMPSON FERRY ROAD, MECHANICSBURG, PA 17050GARNISHEE(S), as garnishee, 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. (Specifically describe property) and to notify the garnishee that (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 1 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 Interest FROM MARCH 24, 2009 - $695.18 Attorney's Comm. % Attorney Paid $341.32 Date: 10/16/2014 , r: ' r•� REQUESTING PARTY: Name : DAVID J.'APOTHAKER, ESQUIRE Address: 520 FELLOWSHIP ROAD, C306 MT. LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 1-800-672-0215 Supreme Court ID No. Plaintiff Paid Law Library Due Prothonotary $2.25 Other Costs 12.29.77 2,„,4L David D. Buell, Prothonotary 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 2 Our File No.: 128250 LVNV FUNDING, LLC Plaintiff vs. YOLANDA CRESPO 2206 WARREN WAY MECHANICSBURG, PA 17050 XXX -XX -2548 PNC BANK and METRO BANK Defendant Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-379 Sk,ersd Civil Action INTERROGATORIES TO GARNISHEE :TO: METRO BANK, Garnislice`. You are required tofile answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed defendant(s) any money or were liable to defendant(s) for any reason? No Accounts 2. At the time you were served or at any subsequent time was there in your possession, custody, control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? no 3.. At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which the defendant held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? no 5.. At any time before or after you were served did the defendant(s) transfer or deliver any property to youoor to' any person or place putsuant t� your direction or consent and what was the consideration thereof? no 6 ..At any_. time after +you -were 'served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction ,or otherwise discharge any claim of the defendant(s) against you? no 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law? If so, identify each account and state the reason for the exemption and the entity electronically depositing those funds on a recurring basis. no 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general exemption under 42PA.C.S.§8123? If so, identify each account. no 9. How much is the value of any property in your possession belonging to the defendant(s)? 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: 9 David J. aker, Esquire APOTHAK '' SCIAN P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish Levy Specialist (Title) (Name) of Metro Bank, garnishee herein, (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson #=;( 'D -Oe ICL Sheriff ; sc tiE FRO����1�H,,• l: ' ' I Jody s smith 2014NOV _4 ii 10. 44¢ Chief Deputy �� •� Richard W Stewart- CUMBERLAND COUNTY Solicitor PENNSYLVANIA 01 01. F fl4Et ERIFR, LVNV Funding LLC vs. Yolanda Crespo Case Number 2008-379 SHERIFF'S RETURN OF SERVICE 10/29/2014 12:14 PM - William Cline, Deputy, who being duly sworn according to law, 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, Metro Bank, 20 Noble Boulevard, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Terry Glass, Member Services, personally three copies of interrogatories together with three true and attested copies of the Writ of Exec '•, and made the contents there of known to her. Ar LI' ' CLINE, DEPUTY SO ANSWERS, October 31, 2014 RONNY R ANDERSON, SHERIFF (c) CcuntySuite Sherif, Telenso t, ,,.c. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY C'"FiCEOF. THE HEF.IH= FIL ED-OFF/IT F THE PRO THO}Nt)Wj'�, 2014 NOV _4 fitl 0: 1414 CU SEN js YID COUNTY VA NIA LVNV Funding LLC vs. Yolanda Crespo Case Number 2008-379 SHERIFF'S RETURN OF SERVICE 10/29/2014 12:22 PM - William Cline, Deputy, who being duly sworn according to law, 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Carla Crozier, Sales, 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 her. The writ of execution and notice to defendant was mailed on October 31, 2014 to olanda Crespo at 2206 Warren Way, Mechanicsburg, PA 17050. IAS CL E DEPUTY SO ANSWERS, October 31, 2014 RONNIY R ANDERSON, SHERIFF (r,} CountySulte Sheriff(, Toleoseft.'nc.