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HomeMy WebLinkAbout08-7267;V ` Our File No.: 190070 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY 08 - 7A&17 ,BARRICK 16 WINDY HILL RD NEWVILLE, PA 17241-9696 Defendant. 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 ¦ t. COURT OF COMMON PLEAS CUMBERLAND COUNTY ?i.<,•M- NO.: 61 - 726 7 C&'-4 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road `r Our File No.: 190070 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. MARILYN BARRICK 16 WINDY HILL RD NEWVILLE, PA 17241-9696 Defendant. C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are MARILYN BARRICK, an adult individual residing at 16 WINDY HILL RD NEWVILLE, PA 17241-9696. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5121071707894600; and said account was issued to Defendant(s) by CITI-SEARS, 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 $2,172.61. 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. r WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,172.61 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attornf r Plaintiff A Law Firm E g d in Debt Collection BY: Esquire Dated: 12/5/2008 Our File No.: 190070 `r VERIFICATION David J. Anothaker Esquire 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 unsworn falsification to authorities. David J. r, Esquire Attorn or Plaintiff DATE: 12/5/2008 .tit ?6- LVNV FUNDING LLC MARILYN BARRICK 16 WINDY HILL RD NEWVILLE, PA 17241-9696 STATEMENT OF ACCOUNT Debtor's Name: MARILYN BARRICK Account Number: 5121071707894600 Original Creditor: CITI-SEARS Balance Due: $2,172.61 Our File No.: 190070 EXHIBIT "A" J na W 00 (/, i t;_. TV r, X41 a '" c? N <j t't7 N 7 I? SHERIFF'S RETURN - REGULAR CASE NO: 2008-07267 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS BARRICK MARILYN NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BARRICK MARILYN was served upon the DEFENDANT , at 0020:05 HOURS, on the 19th day of December-, 2008 at 16 WINDY HILL ROAD NEWVILLE, PA 17241-9696 by handing to MARILYN BARRICK DEFENDANT 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 10.00 Affidavit .00 Surcharge 10.00 Jlbx/Dq (?, .00 38.00 Sworn and Subscibed to before me this day So Answers: 4 i4o_? -/?Z_ R. "Thomas Kline 12/23/2008 APOTHAKER & ASSOCIATES By. Deputy Sheriff of A. D. Our File No.: 190070 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. MARILYN BARRICK Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7267 Civil Action PRAECI PE FOR DEFAULT JUDGMENT Kindly enter judgment against Defendant, MARILYN BARRICK, in the default of an Answer, in the amount of $2,359.97 computed as follows: Amount claimed in complaint: $ 2,172.61 Less: Amount Paid: ( 0.00) Plus: Interest from December 5, 2008 to August 12, 2009 at the legal interest rate of 6.00% per annum 70.06 Attorney fees 0.00 TOTAL $ 2,359.97 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, MARILYN BARRICK, last known address is 16 WINDY HILL RD NEWVILLE, PA 17241-9696. APOTHAKE & SSOCIATES, P.C. ktto eys or Plaintiff A Law Firm E ga d in D t Collection By: David J. Apothaker Dated: August 12, 2009 0. i Our File No.: 190070 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. MARILYN BARRICK Defendant. Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7267 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 16 WINDY HILL RD NEWVILLE, PA 17241-9696. We inquired with the web site of the Boulevard, Suite 400, Arlington, VA 22209-25 Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i David J. Apothaker Attorney for Plaintiff Manpower Data Center, located at 1600 Wilson )efendantgs) 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. 416 APOTHAKER&ASSOCIATES4) P.C. ATTORNEYS AT LAW Department of Defense Manpower Data Centex AL G-12-2009 08:3433 Militaty Status Report Pursuant to the Senicemembers Civil Relief Act < Last ' FirsatiMe Begins Date Active Data State Service! ency Name BARR.ICK \1A MYN Based on the idormation you hame fbrnished, the DMDC does not possess wry information indicating that the irndivi ual is currently on active duly. Upon searching the inlonnation data banks of the Depart of Defense power Data Center, based on the information the you provided, the above is the current status of the individual as to all branches of the Mftary . 01 14 in- •. M- ary X Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd_, Sure 400 Ar son, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an orgy of the Departm of Defense drat mains the Defense Ermo&nent and Eligibility Ring System (DEERS) database which is the dal source of data on e„hp for military medical care and other dVW systems. The Department of Defense strongly supports the a dorce meat of the SerEiceme tubers Civil Relief Act [50 USCS Appx. §§ 541 et seq] (SCRA) (formed the Soldiers' and Sags' Civil Reef Act of 1.940)_ D_MDC has issued hundreds of thousands of "does not possess any information indicating that the indiv i dual is cmr tl on active duty" responses, and has experienced a small error rate. In de event the irselvidnsal referenced aberve, or any fame member, friend, or representative asserts in any manner that the individual is on active duty, or is odsenvise entitled to the protecti of the SCRA= you are strongly encouraged to obtain Rusher verification of fine pens ds active duty status by contacting that persons Military Service,.. the "deknselink-mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this a , Service verification, provisions of the SCRA may be invoked again' you. If y obtain fusrther irfonution about the person ( e<g., an SSA?, improved accuracy of DOB, a muddle name), you can submit your request again at this Web site and we will pr(nide a new certificate for that ear. This response reverts current active duty status only. For historical motion, please coact the icy Service SCRA points- of-coact. See- httP--=""Nvvv-% .elefensehnk.Mib 'raisiPC09SLDR htmI 'WARNG. This certificate was provided based on a name and Social Security number (SSN) provided by the requester, Presviding an erroneous name or SSN will cause an erro aeons certificate to be protiided.. ReportM BC;W ,GIH0F 'V 19'0070 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING LLC ) vs. ) MARILYN BARRICK ) To: MARILYN BARRICK 16 WINDY HILL RD NEWVILLE, PA 17241-9696 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-7267 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: January 19, 2009 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 DA I J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 • +? SHERIFF'S RETURN - REGULAR 0CASE NO: 2006-07267 r 41 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVhNV FUNDING LLC VS EARRICK MARILYN NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ARRICK MARILYN the DEFENDANT at 0020:05 HOURS, on the 19th day of December 2006 at 16 WINDY HILL ROAD NEWVILLE, PA 17241-9696 MARILYN BARRICK DEFENDANT 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of , A. D. by handing to So Answers: 16.00 10.00 00 10.00 R . 'Thomas Kline .00 38.00 12/23/2008 APOTHAKER & ASSOCIATES EY . ..... day Deputy Sheriff _.? FILEa-Oi- RCE OF THC PPlrl-:^";0TARY 2009 AUG 20 AM 8: 06 UINTY ,N,NS Y I,Vr et,p+ 4N.oo Po ATr-f CO JgIv5b8 M# aaa4'7o lJAc? kki.S,? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: MARILYN BARRICK 16 WINDY HILL RD NEWVILLE, PA 17241-9696 LVNV FUNDING LLC Plaintiff, vs. MARILYN BARRICK Defendant. 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 NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7267 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Es g., this telephone number: 215-634-8920 8?a%9 Our File No.: 190070 LVNV FUNDING LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MARILYN BARRICK NO.: 08-7267 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION C3 To the Prothonotary: =C-) n r" rn Issue a Writ of Execution in the above matter, C"M ;o Z -0m r =C:) (1) directed to the Sheriff of CUMBERLAND County; ° 0 C:)-n (2) against MARILYN BARRICK, defendant(s); and 9C (3) against ADAMS COUNTY NATIONAL BANK 39 CARLISLE RD NEWVILLE, PA:q24V, Garnishee(s); (4) and index this writ in the judgment index (a) against MARILYN BARRICK, defendant(s),and (b) against ADAMS COUNTY NATIONAL BANK 39 CARLISLE RD NEWVILLE,PA 17241,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 $2359.97 Interest from August 20,2009 $395.64 Minus Payments made $0 Plus Costs $179.00 Total $2934.61 cM� a IR,"I F gg. C)o of David J. Apothaker, Esquire (4. (50 Cto Attorney for Plaintiff(s) t -7 r i-LL q w P WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-7267 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 MARILYN BARRICK,16 WINDY HILL ROAD,NEWVILLE,PA 17241 (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 GARNISHEES)as follows: ADAMS COUNTY NATIONAL BANK,39 CARLISLE ROAD,NEWVILLE,PA 17241 -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. 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$2,359.97 Plaintiff Paid$ Interest FROM AUGUST 20,2009-$395.64 Attorney's Comm. % Law Library S.50 Attorney Paid$159.50 Due Prothonotary$2.25 Other Costs$179.00 Date: 4/12/13 David D.Buell,Prothonotary 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:800-672-0215 Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LVNV Funding,LLC, No. 08-7267 CIVIL TERM Plaintiff, V. Attachment Execution Proceedings Marilyn Barrick, Defendant, cc and ro 7:3 ACNB,Bank, formerly known as Adams County National Bank, Garnishee. PROOF OF NOTICE TO DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this,the day of April, 2013,before me, a Notary Public,in and for said Commonwealth and County,the undersigned officer,personally appeared Edward G. Puhl, Esquire, attorney for ACNB Bank, formerly known as Adams County National Bank, the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on April 24, 2013,he forwarded to the Defendant,Marilyn Barrick, a copy of the writ issued in said proceedings on April 17, 2013, and a copy of ACNB Bank's Answer to Interrogatories, by mailing the same certified mail deposited at the post office in Gettysburg,Adams County, Pennsylvania, addressed to the Defendant at the following address: 16 Windy Hill Road,Newville, PA 17241. Attached to this Proof of Notice is the certified mail receipt showing the aforesaid mailing of the items hereinbefore mentioned. Edward G. Puhl, Esquire Sworn to qA subscribed before me this v&*M day of April,2013. Notary Public My commission expires: COMMONWEALTH Notarial seat Leslie R.Gnrnes,Notary Ribk Gettysburg dysburg Soro,Adams County My ConvnBgm Fvrilrae n%,+ -2-4 MEMBER,rE1T0TLVAWJA Ab-sUMTjM OF IWAMB Postal CERTIFIED MAILT. RECEIPT C%- (Domestic Mail Only, .-.0 O r9 .: •V L , rq M Postage $ lLr t M M Certified Fee E3 Return Receipt Fee P stmark 0 (Endorsement Required) a%%Kere m Restricted Delivery Fee O (Endorsement Required) f1J ru Total Postage&Fees 3, f ` Vd ti Sent To ra MARILYN BARRICK OSfreet,Apt No.j----------------°---------------------------------------------------- r� or PO Box No. 16 WINDY HILL ROAD City State,2%P+4 ---�-------------------- NEWVILLE PA 17241 PS Form 3800,August 2006 See Reverse for Instructions A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LVNV Funding, LLC, No. 08-7267 CIVIL Plaintiff, VS. C=) -� Marilyn Barrick, ` rrj Defendant, N vs. •c=C3 --s �a ACNB Bank, formerly known as Adams County National Bank, -< ` Garnishee. CERTIFICATE OF SERVICE AND NOW,this al day of April, 2013, 1, Edward G. Puhl, Esquire, of Puhl, Eastman& Thrasher, attorney for Garnishee, ACNB Bank, formerly known as Adams County National Bank, hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing the original and one true copy first class mail,postage prepaid,to David J. Apothaker, Esquire, at the address shown below: Apothaker&Associates, P.C. 520 Fellowship Road C306 P.O. Box 5496 Mount Laurel,NJ 08054 PURL, EASTMAN &THRASHER By: ,Z/,/). 'h Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 Pr?o�o Our File No.: 190070 APOTHAKER&ASSOCIATES,P.C. pm 1: 38 By: David J.Apothaker,Esquire C"BERLAND C 520 Fellowship Road C306 OUNTY PO Box 5496 PE"SYLVANIA Mount Laurel,NJ 08054 (800)672-0215 Attorneys for Plaintiff LVNV FUNDING LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. NO.: 08-7267 MARILYN BARRICK Civil Action Defendant ADAMS COUNTY NATIONAL BANK Garnishee PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, A A COUNTY NATIONAL BANK,dissolved. David J. pothaker,Esquire Attorney for Plaintiff LVNV FUNDING, LLC, � � 1 c/o Apothaker &Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. MARILYN BARRICK 16 Windy Hill Road Newville, PA 17241-9696 Defendant 2008-07267 CIVIL TERM IN RE: CLAIM FOR EXEMPTION ORDER OF COURT AND NOW, this Ikday of May 2013, upon review of the Claim for Exemption filed by Marilyn Barrick, claiming an exemption of their Social Security benefits deposits in the amount of$906.00, that claim is GRANTED, without a hearing, subject to review on petition of Plaintiff alleging that Social Security benefits are not exempt. It is ORDERED and DIRECTED that Adams County National Bank shall release for Defendant's use, on a monthly basis, the directly deposited Social Security benefits of Defendant. All other accounts in/or deposits to Adams County National Bank, other than the monthly Social Security benefits direct deposits, remain subject to the garnishment of 12 April 2013. --THE COURT, Thomas A. Placey C.P.J. Distribution: t VII'•y'�JA1ASNN3d A J l' not BV71838kino v6avid J. Apothaker, Esq. o/I'arilyn Barrick ' sad 9- An clan ,Cumberland County Sheriff L � '. '" !0ti,o}1,I C,)1 � .p. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : WRIT NO.4 000-' g6 l CIVIL TERM CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy, or attachment: 1. From my personal property in my possession which has been levied upon, (a) I desire that my$300 statutory exemption be (i) set aside in kind(specify property to be set aside in kind): (ii) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption (specify property and basis of exemption): 2. From my property which is in the possession of a third party, I claim the following exemptions: (a) my $300 statutory exemption: ❑ in cash ❑ in kind (specify property): (b) Social Security benefits on deposit in the amount of$ l/(O� �• (c) other(specify amount and basis of exemption): I ' I request a prompt court hearing to determine the exemption. Notice of the hearing of the hearing should be given to me at: Address Telephone Number I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: i THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6390 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,ny R Anderson rt •�L �a3r� r'` .. '1 HE S"RO l HOMO {Ail f ieriff ol�at�taitr���r Jody S Smith 2013 NOV -•6 kti 10: 54 Chief Deputy A Richard W Stewart CUMBERLAND COUNT‘‘ ' Solicitor opFicEoFTt.EsKimpz PENNSYLVANIA LVNV Funding, LLC Case Number vs. 2008-7267 Marilyn Barrick SHERIFF'S RETURN OF SERVICE 04/17/2013 10:19 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,Adams County National Bank, 39 Carlisle Road, West Pennsboro Township, Newville, PA 17241, Cumberland County, by handing to Gabrael Michonski, 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 him. The writ of execution and notice to defendant was mailed on April 22, 2013 to Marilyn Barrick at 16 Windy Hill Road, Newville, PA 17241-9696. 04/30/2013 Claim for exemption filed this date. Taken to Court Administration. 05/07/2013 ORDER OF COURT And now, this 6th day of May 2013, upon review of the Claim for Exemption filed by Marilyn Barrick, claiming an exemption of their Social Security benefits deposits in the amount of$906.00, that claim is GRANTED,without a hearing, subject to review on petition of Plaintiff alleging that Social Security benefits are not exempt. It is ORDERED and DIRECTED that Adams County National Bank shall release for Defendant's use, on a monthly basis,the directly deposited Social Security benefits of Defendant. All other accounts in/or deposits to Adams County National Bank, other than the monthly Social Security benefits direct deposits, remain subject to the garnishment of 12 April 2013. By the Court, Thomas A. Placey, Judge 11/04/2013 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: $95.24 SO ANSWERS, November 04, 2013 RONR ANDERSON, SHERIFF 5'1v/ (O. ( Nt ' dko 9.3.7? �.