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HomeMy WebLinkAbout08-3899 Our File No.: 167673 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 CAVALRY PORTFOLIO SERVICES, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. TAMMY S NEWELL 10 GARDEN PKWY CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0- 3 S 'q q E-? 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 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 CAVALRY PORTFOLIO SERVICES, ) LLC ) c/o Apothaker & Associates, P.C. ) 2417 Welsh Road, Suite 21 #520 ) Philadelphia, PA 19114 ) Plaintiff, ) VS. ) TAMMY S NEWELL ) 10 GARDEN PKWY ) CARLISLE, PA 17013 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 t- 3 8 9 9 ?? e? CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAVALRY PORTFOLIO SERVICES, LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are TAMMY S NEWELL, an adult individual residing at 10 GARDEN PKWY CARLISLE, PA 17013. 3. Plaintiff, CAVALRY PORTFOLIO SERVICES, LLC, is the Assignee and Successor in Interest of Account #4427100042694252; and said account was issued to Defendant(s) by BANK OF AMERICA, 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 $6,796.72. 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 $6,796.72 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt BY: Dated: 6/23/2008 David J. Our File No.: 167673 VERIFICATION David J. Apothaker, Es a. 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 to/n worn falsification to authorities. David pothaker Attorney r Plaintiff DATE: 6/23/2008 TAMMY S NEWELL 10 GARDEN PKWY CARLISLE, PA 17013 STATEMENT OF ACCOUNT CAVALRY PORTFOLIO SERVICES, LLC Debtor's Name: TAMMY S NEWELL Account Number: 4427100042694252 Original Creditor: BANK OF AMERICA Balance Due: $6,796.72 Our File No.: 167673 EXHIBIT "A" tr, r -- ni " r - am' _? rv r n-j G SHERIFF'S RETURN - REGULAR CASE NO: 2008-03899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAVALRY PORTFOLIO SERVICES LLC VS NEWELL TAMMY S MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE NEWELL TAMMY S DEFENDANT the , at 0015:49 HOURS, on the 9th day of July , 2008 at 10 GARDEN PKWY CARLISLE, PA 17013 was served upon by handing to DAVID WRIGHT FIANCE OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 00 33.00 Sworn and Subscibed to before me this day So Answers: • R. Thomas Kline 07/10/2008 APOTHAKER & ASSOC By: Deputy Sheriff of A. D. Our File No.: 167673 . APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 CAVALRY PORTFOLIO SERVICES, LLC Plaintiff, VS. TAMMY S NEWELL Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3899 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, TAMMY S NEWELL, in the default of an Answer, in the amount of $7,039.49 computed as follows: Amount claimed in complaint: $6,796.72 Amount Paid: - $(0.00) Interest from June 23, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $242.77 Costs $0.00 Attorney fees $0.00 TOTAL $7,039.49 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, TAMMY S NEWELL, last know address is 10 GARDEN PKWY CARLISLE, PA 17013. APOTHAKER & Attorneys A Law Firm Enaae By: David J. RTES, P.C. Collection Dated: 5/14/2009 Our File No.:. 167673 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 CAVALRY PORTFOLIO SERVICES, LLC Plaintiff, vs. TAMMY S NEWELL Defendant. Civil Action AFFIDAVIT OF NON-NMITARY 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 10 GARDEN PKWY CARLISLE, PA 17013. We inquired with the web site of the Defense Boulevard, Suite 400, Arlington, VA 22209-2593, if tv Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i J. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3899 for Plaintiff r Data Center, located at 1600 Wilson s) is/are in any branch of the military. 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. Department of Deiease sower Data Center MA,Y-14-2:009 091835 Upon searching The . kfirmadon data backs of the DVautment cf Defense Manpower Data Center. based on the inkirmodom dart you provided, the above is the current status of the k&hkxd as to at branches of dw Mir. AktA. k*4-44w-, Mary M. Sns * Dixon, Director Dvartment of D &we - Manpower Data Center 1600 Wilson Blvd, Suite 400 Ate, VA 22209-2393 The Defense Nfiq mwer Data Center (MA)C) is an orgacization of the Dcpwb xm t c(Defi se turd maintains die Defense Eachwat and l ligW Reporting System (DEERS) database 'w%& is the ollicial source ofdabt on ef&&y for military nodcal cue and other' efigW systems. The Dqm rh nest of Die str€ y supports the eakeeementof The Sovkanembers Civil ReidAct [SO USCS Appx. §§ 381 et segj (SERA) Mnm* the Solo' and Sailors' CIA Reircf Act of 1948)_ Dhd C has issued hundreds ofthousmads of `does not possess any ` siormadon, indicating that the inifividrsal is cuirreudy on active duty' responses, and has experienced a small error rage. In the eyed the k&A&W riced above, or any fad miember, fiend, or representative asset in my maker that the in&vidual is on active duty, or is owe eadded to the protections of the SCRA, you are skoogly encouraged to obtain further v+er on afthe person's awe duty status by contectieg dot persods Miitary Service via the "'dam: rte" URL provided below. Myou have evidence the person is on arse-der and you hil to obtain tits additional Macy Service won, prgawidaas of the SCRA may be invoked against you,. Kyou obtainfurdw information about the person ( e.g.. an SSN, improved accuracy of DOB. a middle name), you can submit yaw request again at this Web site and we will provide a new certi6cate fordo query. This response rdiects current wive duty status only. For historical aii M please comma the Mitary Service SCRA po ots- of-contact. See- btbs-.flwaw .aiffimtiisiPCO9SI.LtR.1>#ml VVAPJ4D4Cr. This certfiCate was provided based on a amuse and Soqiml Security nmdx:r (SSN) provided by the rem. Proving an erroneous name or SSN wB cause an errraoeous oerdliceae to be pied Repo"M $MMEM7V Mkny Status Report Purim to the Servicemembers Chi Relief Act 167673 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CAVALRY PORTFOLIO SERVICES, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ) TAMMY S NEWELL ) NO. 08-3899 To: TAMMY S NEWELL 10 GARDEN PKWY CARLISLE, PA 17013 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: August 11, 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 DA ID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC 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 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03899 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND P f, - f7,-, j1a+7 CAVALRY PORTFOLIO SERVICES LLC JU ? 7 7008 VS NEWELL TAMMY S MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NEWELL TAMMY S the DEFENDANT , at 0015:49 HOURS, on the 9th day of July 2008 at 10 GARDEN' PKWY CARLISLE, PA 17013 by handing to DAVID WRIGHT FIANCE OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.00 .00 10.00 .00 So Answers: i?'??tt' .rye R. Thomas Kline 33.00 Sworn and Subscibed to before me this day 07/10/2008 APOTHAKER & ASSOC By: Deputy Sheriff of , A.D. 311 ? 20 A"I 10: 01 4l4.co PQ Amr I IsgI(as OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: TAMMY S NEWELL 10 GARDEN PKWY CARLISLE, PA 17013 CAVALRY PORTFOLIO SERVICES, LLC Plaintiff, VS. TAMMY S NEWELL Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-3899 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 k%e,A 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, Esq. at this telephone number: 215-634-8920 S/dt%9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Cavalry Portfolio Services, LLC assignee of BANK OF AMERICA Plaintiff NO. 08-3899 v. CIVIL ACTION - LAW TAMMY S NEWELL Defendant(s) fir" , ENTRY OF APPEARANCE (2c) TO THE PROTHONOTARY: ,. Kindly enter the undersigned as counsel for Plaintiff in the captioned matter. Respectfully .t, ' , By: Michael B.Volk, Esq.#885530 Fulton, Friedman & Gullace LLP Counsel for Plaintiff 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 Tel: (866) 563-0809 Fax: (585) 546-4241 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office, first class mail,postage prepaid, addressed as follows: TAMMY S NEWELL 10 GARDEN PKWY CARLISLE PA 17013 0° Defendant(s) Michael B. Volk,Esq. Attorney ID #885530 FFG File#: 376890 {1111111111111111111111111111111111111111111IllsIII{111111111III{ PA/PA_EOA GARN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry Portfolio Services, LLC : ❑ Confessed Judgment assignee of BANK OF AMERICA : I] Other : Docket No. 08-3899 v : Judgment Amount $6796.72 : Less Payments $(0.00) TAMMY S NEWELL : Interest: $1932.88 10 GARDEN PKWY : Total: $8972.37: Atty's CARLISLE PA 17013 Comm: $ : Costs: $ PRAECIPE FOR ATTACHMEN i r,Ar,�u 1 iviv TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does , it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of attachment in the above matter to the Sheriff of Cumberland County,for debt, interest and costs, directing attachment against WOODFOREST NATIONAL BANK , as Garnishee, for the following property of the defendant(s): All accounts, including but not limited to, all savings, check.;:g - other accounts, certificates of deposit, notes receivables, collateral,pledges, documents of title, sec; 1 ' .'oupons and all other property of the defendant(s) in the possession, custody or control of Garnishee. ,• Date F F 8 7,,,__„_43 Signature: 4 Print name: Michael B. Volk, Esq. Address: 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 Attorney for: Cavalry Portfolio Services, LLC Telephone: (866)563-0809 Supreme Court ID No:#885530 ) r,,., rn ^1 FFG File # 376890 -3 c C) 11111111111111111111111111111111111111111111IIII11111111111IIIlil __ � ��,,�,� ate--. `-/ • J CSOLL Lk ILI IS. S�( .'--- ----------S7--) ----F446 a- A - ,-. .r)-s- '4 %,soLL, cjt_lk. au suco i2A6- 3' a-7,09 W v,:- (56 ,k. 55-v I PA_BANKPWRITC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-3899 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES,LLC ASSIGNEE OF BANK OF AMERICA Plaintiff(s) From TAMMY S.NEWELL, 10 GARDEN PKWY,CARLISLE,PA 17013 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: WOODFOREST NATIONAL BANK,60 NOBLE BLVD,ENOLA,PA 17013 -ALL ACCOUNTS, INCLUDING BUT NOT LIMITED TO,ALL SAVINGS,CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT,NOTES RECEIVABLES,COLLATERAL,PLEDGES, DOCUMENTS OF TITLE,SECURITIES,COUPONS AND ALL OTHER PROPERTY OF THE DFENDANT(S)IN THE POSSESSION,CUSTODY OR CONTROL OF GARNISHEE. 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; (2) 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$6,796.72 Plaintiff Paid$ Interest$1,932.88 Attorney's Comm. % Law Library$.50 Attorney Paid$154.50 Due Prothonotary$2.25 Other Costs$ Date:2/28/14 David D. Buell,Prothonotary By: Deputy REQUESTING PARTY: Name : MICHAEL B.VOLK,ESQUIRE Address: FULTON,FRIEDMAN&GULLACE LLP 6 KACEY COURT,SUITE 203 MECHANICSBURG, PA 17055 Attorney for: PLAINTIFF Telephone: 866-563-0809 Supreme Court ID No. 885530 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff y,t o at G atarrh�, ?- O a 1 , : Jody S Smith Chief Deputy : n : MAR I 0 #M II 20 Richard W Stewart Solicitor : £. . - �ffi , _ :I ELAND C r U N 1 .,, PENNSYLVANIA Cavalry Portfolio Services, LLC Assignee of Bank of America Case Number vs. Tammy S Newell 2008-3899 SHERIFF'S RETURN OF SERVICE 03/05/2014 10:10 AM-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, Woodforest National Bank, 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Melissa Lock, Branch 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 March 7, 2014 to Tammy S. Newell at 10 Garden Parkway, Carlisle, PA 17013. 4.1 "-AM C-INE, DEPUTY SO ANSWERS, March 07, 2014 RONR ANDERSON, SHERIFF COURT OF COMMON: E 1$>-OFi CUMBERLAND COUNTY PENN. _S YrNANTAT-H C$rV I ;' D Z V I S I ON 2014 MAR 114 P!2:33 Assignee of Bank of America �' l kBERLAND CQUNTY PENNSYLVANIA Portfolio Recovery Associates, vs. Plaintiff Case No. 08 -3899 Tammy S Newell Defendant VERIFICATION I, Doris Neff , hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). STATE OF TEXAS COUNTY OF MONTGOMERY Date: March 6, 2014 DORIS NEFF LEGAL. DEPARTMENT 832-375-2898 PH 832- 375-3071 3071 FAX By: Jeff Le Woodforest National Bank 25231 Grogan's Mill Rd., Suite 100 The Woodlands, TX 77380 832 - 375 -2898 — Phone 832- 375 -3071 — Fax Before me, the undersigned authority, personally appeared Doris Neff on the 6th day of March, 2014 and stated that the foregoing is of their personal knowledge and is true and correct. 1 V*,„ NEISY E. PALMERO �O `'`'i Notary Public, State of Texas My Commission Expires 1�. ... January 10, 2018 /I111, - -31(.9 O - 1&(077/ NO ARY PU C IN AND FOR THE STATE OF TEXAS Pot-f4110 S .5 V S INTERROGATORIES TO GARNISHEE DEFENDANT(S) - TAMMY S NEWELL SS# - * * * - ** -7010 38`, 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 the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant(s) any money or were liable to the defendant(s) for any reason? NO ACCOUNT 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant(s)? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which the defendant(s) held or claimed any interest? 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 an interest? 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 if so what was the consideration therefor? 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? 7. 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 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 number and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. PAPA BANKINTERROGS DEFENDANT(S) - TAMMY S NEWELL SS# - * * * - ** -7010 8. 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. § 8123? If so, identify each account. NO ALAAJUN 9. Please identify all accounts not listed in your answer to Interrogatory No. 7, the amount of funds in each account, whether the funds are deposited electronically on a recurring basis and the entity electronically depositing those funds. If the defendant(s) maintains any of these accounts jointly with any other person, or persons, give their name, address and relationship to defendant. 10. Are there any attorney's fees or processing fees charged by you against the defendant(s) or account(s) of the defendant(s) for the completion of this answer? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. 11 . Please provide the name, business address and business telephone of the person answering these interrogatories. 12. Please provide the address and telephone number where future court documents pertaining to this case can be served on Garnishee. Fulton, Fries ' a . ullace LLP Michael B. Volk, Esq. #885530 (866) 563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection Please return your Answer to Interrogatories to counsel for Plaintiff at: 28 E. Main Street, Suite 500 Rochester, New York 14614. FFG File #: 376890 PA/PA_BANKINTERROGS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry Portfolio Services, LLC assignee of BANK OF AMERICA Plaintiff NO. 08-3899 V. TAMMY S NEWELL crvii, ACTION - LAW Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: —7' • 01 -0 "r, cj ;73 kr) — - C.) aa".1 < U;) Please discontinue the Writ of Execution filed against Garnishee WOODFOREST NATIONAL BANK in the referenced matter without prejudice. Respectfully Subm'tted By: Michael B. Volk, Esq. #885530 Fulton, Friedman & Gullace LLP Counsel for Plaintiff 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 (866) 563-0809 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: TAMMY S NEWELL 10 GARDEN PKWY CARLISLE PA 17013 WOODFOREST NATIONAL BANK 60 Noble Blvd Carlisle PA 17013 FFG file #: 376890 PA/PA_PRAEDISATT Michael B. Volk, Esq. Attorney ID #885530 1111111 11111 11111 11111 1111111111 111111101111111111 111111 1111101 0.50 Pp t-r-r1 a-lVioCo 01-30-to73 Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY FOF�18c _�',�. -' '''E' ~"''.~��,` .w'` r~'~^- 08�&��T 4 ����: — --` ~~`°' n4 Richard W Stewart CQ COUNTY Solicitor Op��opT��^swp PENNSYLVANIA '' ' Cavalry Portfolio Services, LLC Assignee of Bank of America vs. Tammy S Newell Case Number 2008-3899 SHERIFF'S RETURN OF SERVICE 03/05/2014 10:10 AM - VVilliam 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, Woodforest National Bank, 60 Noble Blvd, Carlisle Borough, Cadin|e, PA 17013, Cumberland County, by handing to Melissa Lock. Branch 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 wrof execution and notice to defendant was mailed on March 7, 2014 to Tammy S. Newell at 10 Garden Parkway, Carlisle, PA 17013. 10/07/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writof execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.26 SO ANSWERS October 07, 2014 RONR ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, inc.