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HomeMy WebLinkAbout09-4793¦ % Our File No.: 212518 APOTHAKERW 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 MIDLAND FUNDING LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. CARLOS N RAMOS 365 CRISWELL DR BOILING SPRINGS, PA 17007 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 04 -y'793 l:tVt??erM 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.: 212518 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 MIDLAND FUNDING LLC ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, ) VS. ) ) CARLOS N RAMOS ) 365 CRISWELL DR ) BOILING SPRINGS, PA 17007 Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09• 14-793 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is MIDLAND FUNDING LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are CARLOS N RAMOS, an adult individual residing at 365 CRISWELL DR BOILING SPRINGS, PA 17007. 3. Plaintiff, MIDLAND FUNDING LLC, is the Assignee and Successor in Interest of Account #4147360011832957; 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 $6,762.81. 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 $6,762.81 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS C TES, P.C. Attorney f Plai tiff A Law Firm Engag in ebt Colleetio, BY: Dated: 7/10/2009 David J. Apoth?lcer, Esquire Our File No.: 212518 VERIFICATION David J. Apo thakerEs uire 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. DATE: 7/10/2009 MIDLAND FUNDING LLC CARLOS N RAMOS 365 CRISWELL DR BOILING SPRINGS, PA 17007 STATEMENT OF ACCOUNT Debtor's Name: CARLOS N RAMOS Account Number: 4147360011832957 Original Creditor: BANK OF AMERICA Balance Due: $6,762.81 Our File No.: 212518 EXHIBIT "A" 0 '.2- i.. ,.1.. $'18.50 PD AYN cif,* !ttogs e 1=59 Sheriffs Office of Cumberland County R Thomas Kline Sheriff of Cu01bFr? Ronny R Anderson Chief Deputy ?D Jody S Smith Civil Process Sergeant OFFICE OF F"`, SHERIFF Edward L Schorpp Solicitor J THE PP'-' )'? 2009 JUL 27 AM 9: 2 5 r-; INPY P IENJ,,";'iLVAN A Midland Funding LLC vs. Carlos N. Ramos, II SHERIFF'S RETURN OF SERVICE Case Number 2009-4793 07/22/2009 05:47 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 22, 2009 at 1747 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Carlos N. Ramos II, by making known unto himself personally, defendant at 365 Criswel Drive Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handinc to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 July 23, 2009 SO ANSWERS, 'R THOMAS KLINE, SHERIFF Deputy Sheriff Our File No.: 212518 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 MIDLAND FUNDING LLC Plaintiff vs. CARLOS N RAMOS Defendant Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, CARLOS N RAMOS, in the default of an Answer, in the amount of $6,875.29 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from July 10, 2009 to October 30, 2009 at the legal interest rate of 6.00% per annum Attorney fees TOTAL I certify that Defendant, CARLOS N RAMOS la known DR BOILING SPRINGS, PA 17007. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4793 CIVIL TERM David J. Ap`04iaker, Esq. Attorney for Plaintiff $ 6,762.81 ( 0.00) 112.48 0.00 $ 6,875.29 is 365 CRISWELL Dated: October 30, 2009 w ---,e Our File No.: 212518 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 MIDLAND FUNDING LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CARLOS N RAMOS NO.: 09-4793 CIVIL TERM Civil Action Defendant CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of_?8 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Dated: October 30, 2009 J e Our File No.: 212518 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 MIDLAND FUNDING LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CARLOS N RAMOS NO.: 09-4793 CIVIL TERM Civil Action Defendant 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 365 CRISWELL DR BOILING SPRINGS, PA 17007. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, ' the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defen e anpower Data:.Center has sent back our inquiry indicated that the Defendant(s) is/are not in he ilitary. David J. Ap'othaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. A0 Depattabest of Ddmse Mm4vwer Dab Ceutar 'ilii' ary Stases Rcprut Purvart to the Semire Nfeml-m r_ i-I RddAet Oct-30-21009 075103 , Last Fvsdlt idle Bogra Mate A-dire Dairy States Active Dar%, Erad Uwe Se` Name, At-t KAN!") IL 011 N ^n s d ,n O?? rSxn4lt x : x t»: ftuTu htd, the DMDC vj, uitcrmao..)n mKhcaCmst the tn&idu1at status Upon sc sing isksawfion data baths *f &t Departraftst oofDefwe Manpower Data Cemker, based on di,- isAmsation dust you prok kA tlne abtz e is the awreat statta of the ici&i" as to afi branches of'the Uf ifoci ed Sa%irvs (Attsay, Nw-y, Marine Corps, Air Force, NOAA, Public Resets,: and Coast Guard). I& IA 110tU+ - Mary X S=nvly-Denim, Director Dqmatmed of Dekwe - Mavow r Data CenW IWO Wilson Blvd- Suite 400 Arbiogton, VA :2209-2593 Tle- Aefm,- N tpower 13m Cep (I)AX) is an aqw&xtion of the Department of Dlefcase that maintains am Ddense Enrollmeat and 't Rspostiog System (DEERS) databm which as the o&ial source of data an cfigW for military areal tarn and otter cSC}svst. The DoD smigly sa Worts dx- mare merit of the Service'Members CM RddA:rt (50 L'SC App- §& 501 et sr% as anamded) (SCR.A) Mi medv knows as & Soidicri seal SmI ors' 0-,i! Rdief Act of 19301. bMDC has k 5wd hundreds ofdmsm& of 'does not possess say ` chat the ink dral curt* tea eve 40V responses. and has armed a sm d cmr rate. In the curt the iwinidoai referenced abm e, or airy fame avember, Send, or uFfes x Asserts in any mama that the aadnid" is are active duty, or is otherwise tutided to the protections of the SCRA, y9mr are ea couraged to obtain ftm7hex v ,pmt tsteu seta by tied pets s eavi: a viardse • ttttT URL hg R- m defa2se rmttagps t9& DR.. VVen;hewnwkn duty and you fat to obtain this additional Service vcr cation punitive provisions ofthe SCRA may he i moked againA you Sec SAS tSC App. §531(c). If you obtain additional Wamweim twat tba prsm {e.$, an SSN, a +akud wcataey of DOB, a middle tsar )g y cart subWA your request again at this Wtb site and we wig prow a new certificate for that gtuay. Tlas nVoase retects adore date states; i darn the kdvkW was last on active duty, fit was within the preceding 367 days, For hstarka l iforroation, pease contact the Service SC RA points-zed=est.. MOM won en ".rebore D96 SAWN A:rrtim2 drtt- states as reported in this csxdfi&:aae is defard in accordance with 10 L'SC § I0I(d)(1) for a period of more than 30 eemse zttii a dat,s In tat ease of a of die taharwL Crtaa$ aochndrs stilt ce utodtr a to seh+re sxnice by Presidenr 0 tune $erratary o#Ddinft for a perW of utaxe than 34) F d n n under 32 I;SC is Slb".{f) fur putposes of respoud+ng to a dcdared. by tU^ Aresidtrte and suapportrd b'i Feder:al ds, Active Guard Rt°SCit e (AGR) mta>bees Hurst be assigtaed. worst an arthorattimobAriaton ' position in the teat the-,' rapport Tlos mr$des P ?: ' TARS. Marne Corps ARs and Coast Guard RPAs. Active Duty status aho a 3ovs-to a Uniformed Sft-*e memkiff who is era ac-tim drty vosmnissiciv ed P &w of the U ,S, Putakc lisalth Serve or Ow Waioaal Ck c4uic and Aftrinsplieric Administration (.KOAA Commissioned Co") for a period ofmore than 30 ocinseculkv logos. C+s+ e Unier dw SCRA it AmaAer in Sorg Casa 0m,crage under the SCRA is broader in some cases and inc)m3es some categories ofpessonv on active duty fix purposes ofthe SCI who as°tnald not be reported as on Attivt Dirty tt da this certificate. Many bows ostlers arc amended to extend the period of actin e duty, which would eatcad SCRAk protrc rms. Persons stelmg to rely on totes webske tettficaboo shawEd dhctk to make sure the orders on which 5CRA protections; we based hate root bern mended to emend the inclusive dates cf sm*e. F protection oftbe SCRA way extend to persons who ha NT mcchvd orders to report for acthr daty or to be iridactrd, but who have not actu* begun active duty a actuady repeated for indocticm. The Last Date on Arose Duty entry is itagwrtant because a mau by r ofprutectims of SCRA extend beyond the last daw of active dwy, Those who would rely cc this certificate are urged to seek qualified legal eouasel to ensure that at tames guaranteed to Stn° members order the SCRA are pmterted. WAF-\rqG_ This et rtgccatie was provided biased on a amx and SSN provided by the rtgwstcr_ Providing an erroneous mane or S5,'r wiff cause an woneous certificate to be provided Report ATIMC 4`62518 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY MIDLAND FUNDING LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) CARLOS N RAMOS ) NO. 09-4793 CIVIL TERM To: CARLOS N RAMOS 365 CRISWELL DR BOILING SPRINGS, PA 17007 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: August 14, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ID J. APOTHAKER, ESQUIRE A THAKER & 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 FLED r Tr IARY 2VQ Po A-nq 00 „ tbg3iou i OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: CARLOS N RAMOS 365 CRISWELL DR BOILING SPRINGS, PA 17007 MIDLAND FUNDING LLC Plaintiff vs. CARLOS N RAMOS Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-4793 CIVIL TERM 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 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, Esc. at this telephone number: 800-672-0215 t1/1)/,`j Our File No.: 212518 MIDLAND FUNDING LLC Plaintiff vs. CARLOS N RAMOS Defendant(s) LL) EF:E ‘:;.1..` THE PR-011706- 201.1.1 in _9 pri 3: 7IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CUMBERLAND COUNI 'PENNSYLVANIA .PENNSYLVAN1 A NO.: 09-4793 CIVIL TERM 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 CARLOS N RAMOS, defendant(s); and (3) against MEMBERS 1 ST FCU 6280 CARLISLE PIKE MECFIANICSBURG, PA 17050, Garnishee(s); (4) and index this writ in the judgment index (a) against CARLOS N RAMOS, defendant(s), and (b) against MEMBERS 1 ST FCU 6280 CARLISLE PIKE MECHANICSBURG, PA 17050, as Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of Garnishee(s) as follows: Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage firm accounts, stocks, cd's, insurance, safety deposit boxes, etc. (5) Amount Due Interest from November 10, 2009 Minus Payments made Plus Costs Total $6875.29 $1599.53 $179.00 $8653.82 David J. Apothaker, Esquire Attorney for Plaintiff(s) ---at7ed THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MIDLAND FUNDING LLC Vs. CARLOS N. RAMOS WRIT OF EXECUTION (Pa R.C.P. 3252) NO 09 -4793 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against CARLOS N. RAMOS, 365 CRISWELL DRIVE, BOILING SPRINGS, PA 17007 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 MEMBERS 1sT FCU, 6280 CARLISLE PIKE, MECHANICSBURG, PA 17050GARNISHEE(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 $6,875.29 Interest $1,599.53 Attorney's Comm. % Attorney Paid $154.90 Date: 4/9/14 (Sa]) REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES, 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 — 1179,00 David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HE PRO I EONU Ui 20111 APR 15 PH 2: 52 CUMBERLAND COUNTY PENNSYLVANIA OPFiC TRE :$■.-17ERIPF Midland Funding LLC Assignee of Platinum Select vs. Carlos N. Ramos, II Case Number 2009-4793 SHERIFF'S RETURN OF SERVICE 04/14/2014 03:12 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, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Denise Harman, Asst. 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 April 15, 2014 to Carlos N. Ramos at 729 Franklin Street, Carlisle, PA 17013. t‘r yN IL /0-4 DAWN KELL, DEPUTY SO ANSWERS, April 15, 2014 RONNIc' R ANDERSON, SHERIFF (C) CountySuite Sheriff, Teleosoft, Inc,. Our File No.: 212518 MIDLAND FUNDING LLC Plaintiff VS. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ) CARLOS N RAMOS ) NO.: 09-4793 CIVIL TERM 729 FRANKLIN ST ) CARLISLE, PA 17013 ) Civil Action XXX-XX-8287 ) ) Defendant ) ) MEMBERS 1 ST FCU ) ) Garnishee ,?;tn S'i,JtetZ INTERROGATORIES TO GARNISHEE TO: MEMBERS 1 ST FCU, 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..) 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 or in part by the defendant(s) or in which the defendant held or claimed any interest? 1.)o 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? 0 o 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? 1.3 0 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. 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 under42PA.C.S. §8123? If so, identify each account. N 9. How much is the value of any property in your possession belonging to the defendant(s)? Pt Cc 0,3 i S G� uc� of ' � ( 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. ,1`t \32./vn1- 1R,,,1 • Dated: 5/ David J. Apothaker, Esquire APOTHAKER & ASSOCIA"1'LS, P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff Our File No.: 212518 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 MIDLAND FUNDING LLC Plaintiff vs. CARLOS N RAMOS Defendant MEMBERS 1 ST FCU Garnishee ) ) ) ) ) ) NO.: 09-4793 CIVIL TERM ) ) ) ) ) ) ) ) FLED -OFFICE OF THE PROTHONOTARY 2014 MAY -5 PM 3: 00 CUMBERLAND COUNTY - P ENN S YLVA N I A - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, MEM ER' 1 ST FCU, dissolved. David J. Apothaker, Esquire Attorney for Plaintiff 0.60 5o PO A-rr/ 104116 g `50418 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY rjFFl[ n OF TH'F f-ERIFF ii t2 1!"f 3: DU1BE#LAND PENNSYLVANIA t" ENNSYLVANIA Midland Funding LLC Assignee of Platinum Select vs. Carlos N. Ramos, II Case Number 2009-4793 SHERIFF'S RETURN OF SERVICE 04/14/2014 03:12 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, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Denise Harman, Asst. 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 April 15, 2014 to Carlos N. Ramos at 729 Franklin Street, Carlisle, PA 17013. 01/08/2015 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, January 08, 2015 RONf�R ANDERSON, SHERIFF (c) CountySuito Sheriff, Tcleosoft, Inc. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MIDLAND FUNDING LLC Vs. CARLOS N. RAMOS WRIT OF EXECUTION (Pa R.C.P. 3252) NO 09-4793 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against CARLOS N. RAMOS, 365 CRISWELL DRIVE, . BOILING SPRINGS, PA 17007 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 MEMBERS 1sT FCU, 6280 CARLISLE PIKE, MECHANICSBURG, PA 17050GARNISHEE(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 $6,875.29 Interest $1,599.53 Attorney's Comm. % Attorney Paid $154.90 Date: 4/9/14 (Seal ) REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES, 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 -- ,i`/?9.00 David D. Buell, Prothonotary TRUE COPY FROM RECOR© In Testimony whereof, I here unto set my hand and the s al of said Court at Carlisle, Pa. This ____day of -, 20 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