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HomeMy WebLinkAbout08-1247 Our File No.: 121881 APOTHRKER & 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. LINDA K WARNER 616 HILLTOP DR NEW CUMBERLAND, PA 17070-1720 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: bg _ ay 7 0,1V0 JQrVK 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 .ft c41, 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. LINDA K WARNER 616 HILLTOP DR NEW CUMBERLAND, PA 17070-1720 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 02- JAY7 -? -r? 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 LINDA K WARNER, an adult individual residing at 616 HILLTOP DR NEW CUMBERLAND, PA 17070-1720. 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 $3,682.44. 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 $3,682.44 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney o Plaintiff A Law Firm Eng a in Debt Col 'on BY: David J. Apothaker Dated: 2/12/2008 Our File No.: 121881 i L _ VERIFICATION David J. Apothaker, Esc. 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 t94msworn falsification to authorities. DaviTJ. Apothaker Attorney for Plaintiff DATE: 2/12/2008 • . 41, LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 LINDA K WARNER 616 HILLTOP DR NEW CUMBERLAND, PA 17070-1720 STATEMENT OF ACCOUNT Debtor's Name: LINDA K WARNER Account Number: 0363527474938 Original Creditor: SEARS Balance Due: $3,682.44 Our File No.: 121881 EXHIBIT "A" J O r rz? 7 r Q ? ,a ? ? v ?c O SHERIFF'S RETURN - REGULAR CASE NO: 2008-01247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS WARNER LINDA K RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WARNER LINDA K the DEFENDANT , at 0018:55 HOURS, on the 3rd day of March , 2008 at 616 HILLTOP DR NEW CUMBERLAND, PA 17070-1720 by handing to STEPHANIE WEAVER ADULT IN CHARGE (NIECE) 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 16.32 Affidavit .00 Surcharge 10.00 n 00 74 4 * 3 2 Sworn and Subscibed to before me this day of So Answers: r -r R. Thomas Kline 03/04/2008 APOTHAKER & ASSOC By: Deputy/Sheriff A. D. Our file No.: 121881 2- APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 LVNV FUNDING, LLC Plaintiff, VS. LINDA K WARNER P;! TARY T -N ?, ter 1t1 2010 APR 20 FM 2: 41 UNII PB',ji'jSY'!.Vr N!A COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-1247 Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on March 25, 2010, STIPULATED by and between Plaintiff, LVNV FUNDING, LLC, and Defendant, LINDA K WARNER parties as follows: 1. Defendant agrees to pay the sum of $4,259.00, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. As of this date, payments totaling $550.00 have been applied to the amount of $4,259.00, and the amount due and owing as of March 25, 2010 is $3,709.00. 3. The sum aforesaid of $3,709.00 shall be paid by the by Defendant, LINDA K WARNER, to the attorneys for Plaintiff in the following manner: a. $25.00 to be paid on or before the 15th day of each month, beginning April 15, 2010 until paid in full. All checks are to made payable to LVNV FUNDING, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 . ? 1..;.T ?2? L.J I.`,r ??Ii! APR 1 2 2010 ?,; # Our file No.: 121881 4. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $4,259.00, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 5. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to LINDA K WARNER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Deb° *'Collection y''.___..... .. mb r F. Scian, Esquire r LINDA K WARNER Our File No.: 121881 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. LINDA K WARNER Defendant -OFFICE t KE PROTHONOTARY 2JII JUL 18 PM 2: 57 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1247 Civil Action PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Please enter a judgment in favor of plaintiff, LVNV FUNDING, LLC, and against Defendant, LINDA K WARNER, for failure to comply with the terms and conditions of the Stipulation in Lieu of Judgment (Stipulation), filed with this Court on April 20, 2010, a copy of which is attached hereto as Exhibit "A". Assess damages in the amount of. Balance: Less: Payments: Plus: Interest from April 20, 2010 TOTAL Dated: July 14, 2011 $ 4,203.32 ( 1,000.00) 0.00 $ 3,203.32 David J. Apothaker, 1 Attorney for Plaintiff ap:v4 ?L} bo pd all ck ff 3 31 awxal9y3 Our File No.: 121881 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 COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: 08-1247 LINDA K WARNER ) Civil Action Defendant ) David J. Apothaker, Esquire, certifies as follows: I. I am an attorney with the Law Firm of Apothaker & Associates, P.C., attorneys for the Plaintiff in the above captioned matter, and as such, have full and complete knowledge of the facts herein. 2. The matter was settled by and between the parties by Stipulation in Lieu of Judgment (Stipulation), on April 20, 2010, a copy of the Stipulation is attached hereto and marked as Exhibit "A". 3. Defendant breached this agreement by failing to make payments in accordance with the terms of said Stipulation. 4. Therefore, pursuant to the Stipulation, Plaintiff is proceeding towards the entry of Judgment in the amount of $4,203.32, giving the Defendant credit for payments made totaling $1,000.00. for a total of $3,203.32. I verify that the statements made in this Certificati that false statements herein are made subject to the unsworn falsification to authorities. true and correct. I understand 18 Pa.C.S.A. §4904, relating to David J. Apot, Esq. Attorney for Plaintiff Dated: July 14, 2011 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: LINDA K WARNER 616 HILLTOP DR NEW CUMBERLAND, PA 17070-1720 LVNV FUNDING, LLC ) Plaintiff ) vs. ) LINDA K WARNER ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1247 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. JUDGMENT FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE STIPULATION IN LIEU OF JUDGMENT ? JUDGMENT BY DEFAULT ? JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION ? JUDGMENT FOR POSSESSION ? JUDGMENT ON AWARD OF ARBITRATORS IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker Esg at this telephone number: 215-634-8920 ?,rl Our File No.: 121881 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. ) LINDA K WARNER ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-1247 Civil Action 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 616 HILLTOP DR NEW CUMBERLAND, PA 17070-1720. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. ^ Mary M. Snavely-Dixon, Director of the Def nse anpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are nvipe Davi, Attorney for Plaintif f I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Department of t?tsfetur Manpower Data Ctot?r ku[-,1-:+ 1 1 05 ' 01 fihtar, Status Report Pm sera to ttie Scirwe Members Ciro Rrl d Act )P? 40 t r' WARNER L DA K Saved on due infwmadon you Rate furnished., the D«DC does net possess any itk"WO6on the esilbirlrtetl .. Upon sear,dW the ideatnobw dtosbmks o[ k Deparurta t cdDdense Manpower Dam Ctaw based on the ision stiamthm- you providect the aht w k tae tmieet stadas ofthe iarhsddwrad as to at beviaches of due I:s wrised Seraicts (Army, Nary, Mwiiw Corps, Air Faro, NOAA; Pubic ReaW m d Coast tom. Mu, A. ,G4.d,-,tom,,. M-0.1 SO-h-DixM Derctnr Deprement of Defense Mievower ban Caner 1e500 ironWd, Sale 400 AAnom_ CA =209-2593 Tire Def- Dda Ceroler MMDC) it ara orwaz b. dths Dspstarrst aDd arse do tna mm a dw Defense @-o&-at sad I;fpkiNty itepa Sy a? 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Marie ixforwadon urn "4etivwDuta Stow, Acme dattg status as rmcrted n @rs ceriik ae is defined in accordance ilvh 10 :'SC ,101 rdF, 1} for a pera of morc than 30 cowccutn a dais. In the care of a me ibct of t e Natiotnal Gumd, achxles service under a call to active smite mAhorized by the Presiders err Owe 5rcretw cat' Defm3e for a period of wcxc thm Sit con et m t dat under ? < t s _'{t) i4 pwpt sus of respond ng to a indoor] eanergratcy declared by the Prtsideot and supported 6? Federal fisncls All Acme Gtnad Rescn e tAGRl menrbcr5 must be assigned against an arghorized tnobihi siiben p0iiiort in the ung thnl support Tlas auksdr-s ti a TARS. N4arzu rt;3 AR a and C's a;t Cru v J KPAs Actn'e CIA; qJtus ah:a tlrj lir5 tv S ( %IfOrrhrd cv :i r mwrrzbrr :, fk I . 'In t', rx. r dirt', cowussi?wd c?.:r of the [ S Public HcAh Scricc ar dw \aticnal O.c-xic ard.=r.)phcrk Adnmrurttran :NC) .:1. Commissioned Ccrps i for a period of more thats 30 consecdt; t dui s Coverage ['"der the SCRA is Broader in Sojur Cases Coverage under the SCRA is broader in awe rases and isclsdcs some categories of persom on act c t dirt;, for purposes of the SCRA cho Aould mac be tapoded as on Actwe Dun antler this certificate. \#any tsars orders are amasded to extend the prod of active drag. %%+A h would extend CCRA protections. Persons scAnitg to reh on tau, %%eb!svt certification should check to take sure the e fders cm wtDcb SCRA protections are ba-"d have not burn att:erxkd to rstextd the axMasisz dates. of stnue Ftr>3xrsxxe, ;acre prvte+-bans of thz SCRrt may ectepd to perswzs uhv ltzce item cd orders to rgoii for,<m-c JW- or w be i sducted, but who ha-.e not achtally btvm acti e duty or ache-Ah- rrponed for inducbaur The L&m Dwr on Actiur Due-. rutty is ergrortat brcari c a nuasben ck pr,?,tertkms 4 SCR 4 extend br: andthe la<t iisire <f=r•?tc? &r. These who would rely os tf is c atificatc art ss ecd to attic oltt kital counsel to crime that all risks guarateed to Smite members raider the SCRA are protected. Lt :ARN;NCi This dente Was pre-.1ded based on a name and SS\ prmidcd by the requester Proiidins an errcMeaass name 04 b S\ -3 cause au e1yoneous ceitiscate to be ptasidrd. Report ID GRB =6FK14 I - Our file No.: 121881 2- APOTHAKI R & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 LVNV FUNDING, I: LC vs. Plaintiff, LINDA K WARNER Defendant. t COURT OF COMMON PLEAS CUMBERLAND COUNTY ) DOCKET NO.: _08-1247 Civil Action ) 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: It is on March 25, 2010, STIPULATED by and between Plaintiff, LVNV FUNDING, LLC, and Defendant, LINDA K WARNER parties as follows: I . Defendant agrees to pay the sum of $4,259.00, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. As of this date, payments totaling $550.00 have been applied to the amount of $4,259.00, and the amount due and owing as of March 25, 2010 is $3,709.00. 3. The sum aforesaid of $3,709.00 shall be paid by the by Defendant, LINDA K WARNER, to the attorneys for Plaintiff in the following manner: a. $25.00 to be paid on or before the 15th day of each month, beginning April 15, 2010 until paid in full All checks are to made payable to LVNV FUNDlN`G, LLC, and sent to: Apothaker (x Associates, P.C. 520 Fellowship Road 0306 Mount Laurel, NJ 08054 Pd i a`r f.t kai . . pY Our file No.: 121881 4. In the event Defendant fails to pay in accordance with the terms set tortli in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $4,259.00, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 5. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to LINDA K WARNER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt; Collection By: Kim rly'F. Sc2an, Esquire r:? V11-CA01 Yz'- LINDA K WARNER Our File No.: 121881 oF QLED-OFFICE LVNV FIJNDING, LLS P 1?0 THONG Plaintiff z JUL -7 PN 4: 08 vs. CUMBERLAND COUNTY PENN YL VA NIA. • LINDA K WARNER --- - Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: -08-1247 - 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 LINDA K WARNER, defendant(s); and (3) against METRO BANK 65 ASHLAND AVE CARLISLE, PA 17013, Garnishee(s); (4) and index this writ in the judgment index (a) against LINDA K WARNER, defendant(s), and (b) against METRO BANK 65 ASHLAND AVE 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 Interest from July 18, 2011 Minus Payments made Plus Costs Total ciact,co ot. Ltv. CiSf " " ‘,4 tk CIU • 8 PCL $3203.32 $515.90 -$225.00 $193.00 $3687.22 David J. As thaker, Esquire Attorney for Plaintiff(s) sou,. al152/cv_Lu Ibcpat 30V3A Fy .1—St/v THE COURT OF COMMON PLEAS CUMBERLAND. COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net LVNV FUNDING, LLC Vs. LINDA K. WARNER WRIT OF EXECUTION (Pa R.C.P. 3252) NO 08-1247 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against LINDA K. WARNER,616 HILLTOP DRIVE, NEW CUMBERLAND, PA 17070 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 METRO BANKGARNISHEE(S), as garnishee, 65 ASHLAND AVENUE, CARLISLE, PA 17013 - 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 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. 1 (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 $2,978.32 Interest FROM JULY 18, 2011 - $515.90 Attorney's Comm. % Attorney Paid $165.82 Date: 7/7714 REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER SCIAN P.C. 520 FELLOWSHIP ROAD, C306 MT. LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 1-800-672-0215 Supreme Court ID No. Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs $193.00 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r{ rRC I tf 1Ni lL 1it JUL i AN IC: �r CUMBERLAND COUNT `, PENNSYLVANIA, el Comb OFF ICE OF THE S'HS TIFF LVNV Funding LLC vs. Case Number Linda K Warner 2008-1247 SHERIFF'S RETURN OF SERVICE 07/09/2014 02:36 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, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Maria Theodorators, Manager, 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 11, 2014 t• ;ii da K. Warner, 616 Hilltop Drive, New Cumberland, PA 17070. July 11, 2014 (c) CountySuite Sheriff, To!cosoft, Inc. L IAM CLINE, DEPUTY SO ANSWERS, ANDERSON, RONR SHERIFF Our File No.: 121881 LVNV FUNDING. LLC Plaintiff vs. LINDA K WARNER 616 HILLTOP DR NEW CUMBERLAND, PA 17070-1720 XXX -XX -4779 - -_METRO BANK Defendant Garnishee - TO: METRO BANK, Garnishee: ) ) ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 08-1247 INTERROGATORIES TO GARNISHEE -r rr1/4 Fri You are required to file 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? Defendant - has account with less than $300 exemption. 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 you or to any person or place pursuant to 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 no 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. 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. see answer to question 1 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: Davi . pothaker, Esquire APOTHAKER 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 Levy Specialist (Title) Jennifer Hilbish (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.