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Home My WebLink About09-1903M ;Our Filp No.: 198750 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 NO.: Cq- 1903 GIVil fe *, ADAM HOROWITZ 75 CHESTER ST CARLISLE, PA 17013-1003 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 Our File No.: 198750 APOfHAKER & 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. ADAM HOROWITZ 75 CHESTER ST CARLISLE, PA 17013-1003 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 9- /,TO 3 CIVIL ACTION COMPLAINT FIRST COUNT T, 1. Plaintiff is LVNV FUNDING LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are ADAM HOROWITZ, an adult individual residing at 75 CHESTER ST CARLISLE, PA 17013-1003. 3. Plaintiff, LVNV FUNDING LLC, is the Assignee and Successor in Interest of Account #5121075051985385; and said account was issued to Defendant(s) by 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 $5,190.66. 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 $5,190.66 and requests this Court award Plaintiff attorney's feei?sts to the extent permitted by applicable law. APOTHAKER 8 (ASSObATES, P.C. Attornfor P til A Law Firm En ged ' Debt BY: \4/ Dated: 3/18/2009 David J. Apoth r, Esquire Our File No.: 198750 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 the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to David J. A th erEsquire Attorney o laintiff DATE: 3/18/2009 Current Owner: LVNV Funding LLC Original Creditor: Sears Previous Owner: Citibank Statement Closing Date: 10/6/2008 12:00:00 AM LVNV Purchase Date: 09/20/2006 Account Origination Date: 05/03/2005 Adam Horowitz ***-**-9363 75 CHESTER ST CARLISLE, PA 17013 Account number 5121075051985385 Owing Collected Balance Principal $ 4,499.79 $ $ 4 499 79 Interest $ _ $ , . _ $ Atty Fee $ _ $ _ $ Misc Cost $ _ $ _ $ _ New Balance $ 4,499.79 S - $ 4,499.79 TRANSACTIONS Transaction Date Description Amount This statement is not an on inal This statement has been generated on behalf of LVNV Funding LLC, account owner. cQ C-1 a= ^3 ?? r n ? t q r C-n c Tr 1 1 4 , cip Sheriffs Office of Cumberland County R Thomas Kline sa«zr at C111"ber/Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE T` THE $"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 03:50 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1550 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Adam Horowitz, by making known unto himself personally, defendant at 75 Chester Stre Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32.50 SO ANSWERS, y J ?? / F March 30, 2009 2009-1903 LVNV FUNDING VS ADAM HOROWITZ R THOMAS KLINE, SHERIFF By Deputy Sheriff Ac %Ar 46" Aghn WIN Our File No.: 198750 LVNV FUNDING LLC Plaintiff vs. —ADAM HOROWITZ Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09 -1903 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 ADAM HOROWITZ, defendant(s); and (3) against METRO BANK 20 NOBLE BLVD CARLISLE, PA 17013, Garnishee(s); (4) and index this writ in the judgment index (a) against ADAM HOROWITZ, defendant(s), and (b) against METRO BANK 20 NOBLE BLVD 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 $5410.40 Interest from August 19, 2009 $1250.60 Minus Payments made Plus Costs Total -s $179.00 $6840.00 s 00 a David J. Apothaker, Esquire Attorney for Plaintiff(s) 43. a.aS --N..0 a. s. so [J.-- C91(_,4 etctqsS 2A,k_ �(A ate- U,_3ft-L � c`.vs-cre 1 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. ADAM HOROWITZ WRIT OF EXECUTION (Pa R.C.P. 3252) NO 09 -1903 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ADAM HOROWITZ, 672 BLOSERVILLE 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 METRO BANK, 20 NOBLE BLVD., CARLISLE, PA 17013 GARNISHEE(S), as garnishee, 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 $5,410.40 Plaintiff Paid Interest FROM AUGUST 19, 2009 - $1,250.60 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Other Costs $179.00 Attorney Paid $.154.00 Date: 4/9/14 REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES, P.C. 520 FELLOWSHIP ROAD, C306 P.O. BOX 5496 MT. LAUREL, NJ 08054 Attorney for: PLAINTIFF - Telephone: 1- 800 - 672 -0215 Supreme Court ID No. David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE Or 20.14 APR 15 PHA 2: Cilf-IRERLAir'W PENINS` LVAN1 LVNV Funding LLC vs. Adam Horowitz Case Number 2009 -1903 SHERIFF'S RETURN OF SERVICE 04/14/2014 02:48 PM - Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Yasmin Ibrahim, Asst. Head Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him /her. The writ of execution and notice to defendant was mailed on April 15, 2014 to Adam Horowitz at 672 Bloserville Road, Newville, PA 17241. DAWN KELL, DE TY SO ANSWERS, >La_ April 15, 2014 RONNY R ANDERSON, SHERIFF (c) Couc:tvSuiie She -fr. TC &E30$Qft. • 'Char File No.: 198750 LVNV FUNDING LLC Plaintiff vs. ADAM HOROWITZ 672 BLOSERVILLE RD NEWVILLE, PA 17241 XXX -XX -93 63 METRO BANK Defendant Garnishee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09 -1903 TO: • METRO BANK, Garnishee: Civil Action INTERROGATORIES TO 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? No Accounts 2. At the time you were served or at any subsequent time was there in your possession, custody, control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? 3. At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely orin 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? 5. At any time before or after you were served did the defendant(s) transfer or deliverany 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 defendants 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 any subsequent time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring. bais 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. 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: David .1. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist (Title) 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/h o ledge, information and belief. Our File No.: 198750 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. ADAM HOROWITZ METRO BANK Plaintiff Defendant Garnishee THE PROTH0HO Ai'.` 2014 MAY 12 PM 3: 214 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-1903 Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, MET NK, dissolved. David J. Apothaker, Esquire Attorney for Plaintiff 41-5?)pd Ifs C#" /o'3 0 �-30'770 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY '11 i c? ,.P. 5 PH 3: CUMBERLAND O U,N R NNSYLV NIA LVNV Funding LLC vs. Adam Horowitz Case Number 2009-1903 SHERIFF'S RETURN OF SERVICE 04/14/2014 02:48 PM - Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Yasmin Ibrahim, Asst. Head 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/her. The writ of execution and notice to defendant was mailed on April 15, 2014 to Adam Horowitz at 672 Bloserville Road, Newville, PA 17241. 12/30/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.26 SO ANSWERS, December 30, 2014 (C) CountySuite Shoriff, Teleosoft, Inc. RONZ ANDERSON, SHERIFF a2 mss' pd . fit p� 3 ` ?a-3 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. ADAM HOROWITZ WRIT OF EXECUTION (Pa R.C.P. 3252) NO 09-1903 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ADAM HOROWITZ, 672 B.LOSERVILLE 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 METRO BANK, 20 NOBLE BLVD., CARLISLE, PA 17013 GARNISHEE(S), as garnishee, 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 $5,410.40 Interest FROM AUGUST 19, 2009 - $1,250.60 Attorney's Comm. % Attorney Paid $154.00 Date: 4/9/14 (Sea11 REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES, P.C. 520 FELLOWSHIP ROAD, C306 P.O. BOX 5496 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 $179.00 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 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the al of said Cou at Carlisle, Pa. , This day of ~ i 1 20 ____1±1_ Prothor..)tart' 2