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HomeMy WebLinkAbout08-40581 Our File No.: 168589 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. DOUGLAS E CARR 12 CLOUSE ROAD NEWVILLE, PA 17241-9750 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 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 LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. DOUGLAS E CARR 12 CLOUSE ROAD NEWVILLE, PA 17241-9750 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: v F 4-a5 y CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are DOUGLAS E CARR, an adult individual residing at 12 CLOUSE ROAD NEWVILLE, PA 17241-9750. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #A2009080381587; and said account was issued to Defendant(s) by CITIFINANCIAL, INC, 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 $17,744.49. 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 $17,744.49 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & SOCIATES, P.C. Attorn f r Plaintiff A Law Firm En in Debt C ectioi BY: Dated: 7/1/2008 David Our File No.: 168589 VERIFICATION David J. Apothaker, Esgr 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 falsification to authorities. David J. Apothaker Attorney for Plaintiff DATE: 7/1/2008 LVNV FUNDING, LLC DOUGLAS E CARR 12 CLOUSE ROAD NEWVILLE, PA 17241-9750 STATEMENT OF ACCOUNT Debtor's Name: DOUGLAS E CARR Account Number: A2009080381587 Original Creditor: CITIFINANCIAL, INC Balance Due: $17,744.49 Our File No.: 168589 EXHIBIT "A" 0 ?n! 5. C N? SHERIFF'S RETURN - REGULAR CASE NO: 2008-04058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS CARR DOUGLAS E DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CARR DOUGLAS E DEFENDANT was served upon the at 0009:06 HOURS, on the 12th day of July , 2008 at 12 CLOUSE ROAD NEWVILLE, PA 17241-9750 by handing to DOUGLAS E CARR 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 13.00 Affidavit .00 Surcharge 10.00 ?1?U/gyp .00 41.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Klin 07/14/2008 APOTHAKER & ASSOC By: of A. D. eputy She f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH TRIMBLE, in her own right, and as Administratrix of the ESTATE OF MARK TRIMBLE, deceased, Plaintiff, V. CIVIL DIVISION NO. 4085 - 2008 ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 MARION MATTESKY, MICHAEL MATTESKY, and JOHN MOLISON, Defendants. TO: Plaintiff and Co-Defendants You are hereby notified to file a written response to the enclosed Answer, New Matter, and New Matter Pursuant to Rule 1031.1 within twenty (20) days from service hereof or a judgment may be entered against you. ?R Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. (Jury Trial Demanded) Filed on Behalf of the Defendant, Marion Mattesky Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16470 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH TRIMBLE, in her own right, and as CIVIL DIVISION Administratrix of the ESTATE OF MARK TRIMBLE, deceased, Plaintiff, NO. 4085 - 2008 V. (Jury Trial Demanded) MARION MATTESKY, MICHAEL MATTESKY, and JOHN MOLISON, Defendants. ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 AND NOW, comes the Defendant, Marion Mattesky, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer, New Matter, and New Matter Pursuant to Rule 1031.1 and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 3. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are admitted in part and denied in part. It is admitted that Defendant, Marion Mattesky, was the owner of the property located at 403 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. It is specifically denied that she was in control of the premises. To the contrary, the Lessees, Michael Mattesky and John E. Molison, were in control of the premises. Strict proof thereof is demanded at the time of trial. 9. Admitted. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I -WRONGFUL DEATH - NEGLIGENCE Ruth Trimble. Administratrix of the Estate of Mark Trimble v. Marion MaUgsky 15. In response to paragraph 15, this Defendant reiterates and repeats all of her responses in paragraphs 1 through 14 as if fully set forth at length herein. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 18. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 19. Paragraph 19 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 20. Paragraph 20 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 21. Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Marion Mattesky, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. COUNT II - SURVIVAL ACTION - NEGLIGENCE Ruth Trimble, as Administratrix of the Estate of Mark Trimble v Marion M# tesky 22. In response to paragraph 22, this Defendant reiterates and repeats all of her responses in paragraphs 1 through 21 as if fully set forth at length herein. 23. Paragraph 23 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 24. Paragraph 24 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 25. Paragraph 25 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 26. Paragraph 26 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Marion Mattesky, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. COUNT III - WRONGFUL DEATH - NEGLIGENCE Ruth Trimble, Administratrix of the Estate of Mark Trimble v Michael Motteskv 27 - 34. Paragraphs 27 through 34 of the Plaintiffs Complaint are directed to a Defendant other than this Defendant and, therefore, no responses are required. WHEREFORE, Defendant, Marion Mattesky, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. COUNT IV - SURVIVAL ACTION - NEGLIGENCE Ruth Trimble, Administratrix of the Estate of Mark Trimble v Michael Matteskv 35 - 39. Paragraphs 35 through 39 of the Plaintiffs Complaint are directed to a Defendant other than this Defendant and, therefore, no responses are required. WHEREFORE, Defendant, Marion Mattesky, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. COUNT V - WRONGFUL DEATH - NEGLIGENCE Ruth Trimble, as Administratrix of the Estate of Mark Trimble v John E Molison 40 - 47. Paragraphs 40 through 47 of the Plaintiffs Complaint are directed to a Defendant other than this Defendant and, therefore, no responses are required. WHEREFORE, Defendant, Marion Mattesky, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. COUNT VI - SURVIVAL ACTION - NEGLIGENCE Ruth Trimble, Administratrix of the Estate of Mark Trimble v John E Molison 48 - 52. Paragraphs 48 through 52 of the Plaintiffs Complaint are directed to a Defendant other than this Defendant and, therefore, no responses are required. WHEREFORE, Defendant, Marion Mattesky, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 53. To the extent the Plaintiff sustained the damages set forth in their Complaint, any right of recovery against this Defendant being specifically denied, then Plaintiffs claims are barred or must be reduced or diminished by the comparative and contributory negligence of their decedent, Mark Trimble, and the same is hereby pleaded as an affirmative defense. 54. To the extent the Plaintiff sustained the damages set forth in their Complaint, any right of recovery against this Defendant being specifically denied, the Plaintiffs claims are barred or must be reduced or diminished by their decedent's assumption of the risk, and the same is hereby pleaded as an affirmative defense. 55. At all times material hereto, this Defendant acted prudently and with the degree of care necessary under the circumstances. 56. This Defendant claims the benefit of the applicable provisions of the Pennsylvania Comparative Negligence Act as set forth in 42 Pa.C.S. § 7102, et seq., and hereby pleads the same as an affirmative defense against any and all of the Plaintiffs claims. 57. To the extent justified by the evidence developed in discovery and/or testimony at the time of trial, this Defendant reserves the right to assert and all affirmative defenses which discovery may reveal appropriate or proper. WHEREFORE, Defendant, Marion Mattesky, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER PURSUANT TO RULE 1031.1 58. Answering Defendant, Marion Mattesky, incorporates by reference the entirety of Plaintiffs Complaint against answering Defendant without admission or adoption as though the same were set forth herein at length. 59. Answering Defendant incorporates by reference the preceding paragraphs of her Answer and New Matter as if the same were fully set forth at length herein. 60. Solely for the purposes of the within cross-claim and without admitting the truth of the same, this Defendant adopts and incorporates those allegations of the Plaintiffs Complaint directed to the Co-Defendants, Michael Mattesky and John E. Molison. 61. In the event it is determined that the Plaintiff is entitled to a recovery, the same being denied, it is thereby averred that the Co-Defendants, Michael Mattesky and John E. Molison, are solely liable to the Plaintiff. 62. In the event it is judicially determined that the Plaintiff is entitled to a recovery from this Defendant, which is denied, then it is averred that the Co- Defendants, Michael Mattesky and John E. Molison, are liable with this Defendant for contribution and/or indemnification. WHEREFORE, Defendant, Marion Mattesky, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. B Kevin D. Rauch, Esquire Counsel for Defendant, Marion Mattesky VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is that of counsel and not of the Defendant. Defendant has read the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 and to the extent that the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Marion Mattesky #16470 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 1031.1 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 23rd day of October, 2008. Stephen G. Held, Esquire Handler, Henning & Rosenberg, L.L.P. 1300 Linglestown Road Harrisburg, PA 17110 Michael Mattesky 403 North Bedford Street Carlisle, PA 17103 John E. Molison 403 North Bedford Street Carlisle, PA 17013 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By:? Kevin D. Rauch, Esquire Counsel for Defendant, Marion Mattesky ??? ??: ? r ?, --? ?.3 --..3 _ ??, ' .. >m ? t'a .. - ,?. .,? ?J Our File No.: 168589 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. DOUGLAS E CARR Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4058 Civil Action PRAECIPE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, DOUGLAS E CARR, in the default of an Answer, in the amount of $16,415.94 computed as follows: Amount claimed in complaint: $ 17,744.49 Less: Amount Paid: ( 2,421.00) Plus: Interest from July 1, 2008 to August 12, 2009 at the legal interest rate of 6.00% per annum 1,092.45 Attorney fees 0.00 TOTAL $ 16,415.94 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, DOUGLAS E CARR, last known address is 12 CLOUSE ROAD NEWVILLE, PA 17241- 9750. TES, P.C. A Law Firm By: Debt J. Apothaker Dated: August 12, 2009 Our File No.: 168589 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. DOUGLAS E CARR Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4058 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 12 CLOUSE ROAD NEWVILLE, PA 17241-9750. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if tle Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Def ease Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in the mil t DaviN. Apothaker Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. APOTHAKER&AsSOCIATES, P.C. ATTORNEYS AT LAW Dept of Defense aver Data Center ley Status Report Pmt to the Ser hers Civil Reef Act Nye FarsOWAdte Bela Date ADG-12-2009 08:22:36 Active Duty Statm ServicelAgeacy E CARR `DOUGLAS E Based on the in(ormatca you have fua +cd, the D)ADC does not possess any inioa ation " drat the individual is currently on active duty. indicating Upon searthing the ifiwmadon data banks of the Dew of Defense Manpower Data Center, based on the in(onuattn that you provided, the above the current status of the indivkIW as to ail brancles of the Military. 411t Mary M. Snavahy-Dunn, Director Dept of Defense 14ampower Data Center 1600 Wilson Blvd., Suite 400 Axnn, 'V'A 222039-2593 The Defense Manpower Data Center (D.MDC) is as orb of the Department of Defense that maintains the Defense E ent and ElpW Repor* System (DEERS) database which is the official source of delta on eligW for military mil care and other dignity systems- The Depatwt ofDefense strongly smarts the ed cement of the Sermemembers Civil Relief Act [50 USCS Appx_ §§ 501 et serf] (SCRA) (fwne€ly the Sags' and Sailors" RehcfAct of 1940)_ DMDC has issued hundreds of thousands of "does not possess any information indicatog that the mdivtidna g < ret* on active duty" responses, and has experi ,ed a small error rate. In the event the indite referenced above, or any fly member, friend, or representative asserts in any mater that the individual is an active duty, or otherwise entitled to the protections of the SCRA, you are stay encouraged to obtain further verification of the persoes active duty status by contacting that person's teary Service via the:' efesselidtc.md" LdRL provided below. If you have evidence the person 1s on active-duty and you fail t0 obtain this additional Mfkary Service verification, provisions of thre SCRA may be invoked against you. If you obtain fib idarmation about the person (e.g., an SSN, seipcoved accuracy of DOB, a middle name), you can submit your rust again at this Web site and we provide a new certificate for that query. This response reelects current active duty statues only. For historical m&rmabon, please contact the Military Service SCRA pouts- of-contact See: l s-`/ v.defenselink.aA=faQ Cris;PG SLDR-btml WARNING- This cerri6cate was prover based on a name and Social Security amber (SSN) prod by the requester. Providing an erroneous name or SSN will cause an errors certificatc to be provided. AVart LD OYRC7tiIZASC 168589 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. ) DOUGLAS E CARR ) NO. 08-4058 To: DOUGLAS E CARR 12 CLOUSE ROAD NEWVILLE, PA 17241-9750 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: July 28, 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR D D J. APOTHAKER, ESQUIRE APO HAKER & 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 CARR DOUGLAS E " JU(_ - 008 DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARR DOUGLAS E the DEFENDANT at 0009:06 HOURS, on the 12th day of July 2008 at 12 CLOUSE ROAD NEWVILLE, PA 17241-9750 by handing to DOUGLAS E CARR DEFENDAN'T' 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 13.00 Affidavit .00 Surcharge 10.00 .00 41.00 Sworn and Subscibed to before me this day of , So Answers: Thomas Klin 07/14/2008 APOTHAKER & ASSOC By: eputy She f A.D. r ? .0 , • SHERIFF'S RETURN - REGULAR CASE NQ: 2448-04058 P µ 1 v COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS FILE D ,FAY 2 0 0 9 AUG 27 F? i : tc 4 "4 t T. # -,f/V o #1 lu7 y9s V11h ej OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DOUGLAS E CARR 12 CLOUSE ROAD NEWVILLE, PA 17241-9750 LVNV FUNDING, LLC Plaintiff, vs. DOUGLAS E CARR Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4058 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. A othaker Es q. at this telephone number: 215-634-8920 al-i Our File No.: 168589 LVNV FUNDING, LLC Plaintiff vs. DOUGLAS E CARR Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO:: 08-4058 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 DOUGLAS E CARR, defendant(s); and (3) against F&M TRUST 3 E 1ST ST BOILING SPRINGS, PA 17007, Garnishee(s); (4) and index this writ in the judgment index (a) against DOUGLAS E CARR, defendant(s), and w rte: rri rn —1c C) '71 (b) against F&M TRUST 3 E 1ST ST BOILING SPRINGS, PA 17007, 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 $16415.94 Interest from August 27, 2009 $4348.22 Minus Payments made Plus Costs Total kaq�.� d a 0 �661 u c-Bf -)g.soll kk \0a •s° -$1650.00 $179.00 $19293.16 ILIous. q David J. Apothaker, Esquire Attorney for Plaintiff(s) Co. b• --g- SR° ) 124 308130 e3e-7-s--eid 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. DOUGLAS E. CARR WRIT OF EXECUTION (Pa R.C.P. 3252) NO 08-4058 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and. costs against DOUGLAS E. CARR, 12 CLOUSE ROAD, NEWVILLE, PA 17241 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 F&M TRUSTGARNISHEE(S), as garnishee, 3 E 1sT STREET, BOILING SPRINGS, PA 17007 - 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 $14,765.94 Interest FROM AUGUST 27, 2009 - $4,348.22 Attorney's Comm. Attorney Paid $162.50 Date: 7/7/14 (Seal) 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 S179.00 David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $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 THE ROTHON) Tr , 2z 1i JUL 1All 10: 2l -r CUMBERLAND COUNTY PENNSYLVANIA LVNV Funding LLC vs. Case Number Douglas E Carr 2008-4058 SHERIFF'S RETURN OF SERVICE 07/09/2014 02:51 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, M & T Bank, 960 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Nancy Leach, Teller, 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 to Dou•las E Carr at 12 Clouse Road, Newville, PA 17241-9750. July 11, 2014 (c) ^,ountySuile Sheriff, Toleosoft, nc. LLIAM CLINE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF Our File No.: 168589 LVNV FUNDING, LLC Plaintiff vs. DOUGLAS E CARR 12 CLOUSE ROAD NEWVILLE, PA 17241-9750 XXX -XX -2645 F&M TRUST Defendant Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4058 Civil Action INTERROGATORIES TO GARNISHEE TO: F&M TRUST, Garnishee: 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? 1-40 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)? ,(\o 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? (\, 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? *f\ 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?\� 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? NV's- 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. 110 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. ;nom 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: -09) `4c,LI aur 2 3 2014 M&t BANK David J. A er, Esquire APOTHAKEIZ SCIAN P.C. 520 Fellowshipoad C306 PO Box 5496 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff Our File No.: 168589 APOTHAKER SCIAN P.C. By: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 PO Box 5496 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC vs. DOUGLAS E CARR F&M TRUST Plaintiff Defendant Garnishee Of 20,111SEP I I 3: 22 CUMBERLAND CO Nry PENNSYLVANI/^ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-4058 Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, F TR ST, dissolved. David J. Apothaker, Esquire Attorney for Plaintiff ao4 're tiu()d /l/gZ /2_4_ gow