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HomeMy WebLinkAbout10-3786Our File No.: 244074 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC 15 SOUTH MAIN STREET STE 500 GREENVILLE, SC 29601 Plaintiff, VS. ALLAN M RIVERA 4304 ALLEN RD CAMP HILL, PA 17011-6602 Defendant. FI?Y' t . ?a ):7 T 2010 JJ"N -'r PEA i 7 aNTI Y LWNA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 16 . 3-)K6 Cdr` l 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 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 00 de l g- y 6e A' /c35;T3 4ea43 309 Our File No.: 244074 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) 15 SOUTH MAIN STREET STE 500 ) GREENVILLE, SC 29601 ) Plaintiff, ) vs. ) ALLAN M RIVERA ) 4304 ALLEN RD ) CAMP HILL, PA 17011-6602 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 15 SOUTH MAIN STREET STE 500, GREENVILLE, SC 29601 2. Defendant(s) is/are ALLAN M RIVERA, an adult individual residing at 4304 ALLEN RD CAMP HILL, PA 17011-6602. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #5121075072490290; and said account was issued to Defendant(s) by CITIBANK/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 $1,876.33. 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 $1,876.33 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm Enaac BY: Dated: 6/l/201 0 TES, P.C. in)6ebt Collection David J. Apothaker, Esquire Our File No.: 244074 VERIFICATION David J. Apothaker 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 relatW?/-unworn falsification to authorities. David kApothaker, Esquire Attorney for Plaintiff DATE: 6/1/2010 LVNV FUNDING, LLC ALLAN M RIVERA 4304 ALLEN RD CAMP HILL, PA 17011-6602 STATEMENT OF ACCOUNT Debtor's Name: ALLAN M RIVERA Account Number: 5121075072490290 Original Creditor: CITIBANK/SEARS Balance Due: $1,876.33 Our File No.: 244074 EXHIBIT "A" 244074 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plainfiffis: Court Number: [ VNV FUNDING, LLC Expiration Date. Type of Action: Civil Action Defendants: ALLAN M RIVERA Serve Upon: ALLAN M RIVERA Address for Service: 4304 ALLEN RD CAMP HILL, PA 17011-6602 Alternate Address for Service: Type of Service: O Personal (X) Adult in Charge ( ) Deputize ( ) Certified Mail ( ) Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 ~ ~ r ~. 1 Our File No.: 244074 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. ALLAN M RIVERA Defendant Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, ALLAN M RIVERA, in the default of an Answer, in the amount of $1,891.17 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from June 1, 2010 to July 27, 2010 at the legal interest rate of 6.00% per annum Attorney fees TOTAL I certify that Defendant, ALLAN M RIVERA, CAMP HILL, PA 17011-6602. Dated: July 27, 2010 _@f P~t.a:a[ CL'P~ ~ ,~ ~~,y~ ~';~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-3786 CIVIL $ 1,876.33 ( 0.00) 14.84 0.00 $ 1,891.17 is 4304 ALLEN RD David J. Apothaker, Esq. Attorney for Plaintiff ~I~.OO PO ~~1"! e * !R IgBd ~.+~ aN Matto I~b+u~, I~la~~l ( ~ 1 Our File No.: 244074 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney LD.# 38423 ' 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 10-3786 CIVIL ALLAN M RIVERA ) 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 penal ' s f 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apoth er, Esq. Attorney for Plaintiff Dated: July 27, 2010 Our File No.: 244074 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 COURT OF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 10-3786 CIVIL ALLAN M RIVERA ) Civil Action Defendant ) AFFIDAVIT OF NON-NIILITARY 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 4304 ALLEN RD CAMP HILL, PA 1 70 1 1-6602. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defen anpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in a ilitar~r: David J. Apo~haker, 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. 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Raport IITPRi{~SUF~![36 244074 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY r ~ ' LVNV FUNDING, LLC )COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) ALLAN M RIVERA ) NO. 10-3786 CIVIL To: ALLAN M RIVERA 4304 ALLEN RD CAMP HILL, PA 17011-6602 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 34 5. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 BAR DAVID J. APOT R, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08454 (800) 672-0215 Attorney for Plaintiff Date: July 12, 2010 Attorney ID #38423 i OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: ALLAN M RIVERA 4304 ALLEN RD CAMP HILL, PA 1 701 1-6602 LVNV FUNDING, LLC Plaintiff vs. ALLAN M RIVERA Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-3786 CIVIL 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. Esq. at this telephone number: 800-672-0215 1 ~~ Our File No.: 244074 LVNV FUNDING, LLC Plaintiff vs. ALLAN M RIVERA , 1}304 Allen RI Defendant(s) (mp Ni II , PA 1(1011- loloDa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-3786 CIVIL To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against ALLAN M RIVERA, defendant(s); and PRAECIPE FOR WRIT OF EXECUTI©N `- �y ma' rn •--1 CD -II (3) against MEMBERS 1 ST FCU 5000 LOUISE DRIVE MECHANICSBURG, PA 17055, Garnishee(s); (4) and index this writ in the judgment index (a) against ALLAN M RIVERA, defendant(s), and (b) against MEMBERS 1 ST FCU 5000 LOUISE DRIVE MECHANICSBURG, PA 17055, 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 $1891.17 Interest from August 03, 2010 $393.21 Minus Payments made -$ Plus Costs $193.00 Total $2477.38 David J. Apothaker, Esquire Attorney for Plaintiff(s) *act .00 PO. A' 1'/ /111. So 03F yo`l . oo I1 14.00 aBF a. 5 Queeo • 50 Lt. 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. ALLAN M. RIVERA WRIT OF EXECUTION (Pa R.C.P. 3252) NO 10-3786 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ALLAN M. RIVERA, 4304 Allen Road, Camp Hill, PA 17011-6602, 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, 5000 Louise Drive, Mechanicsburg, PA 17055, GARNISHEE(S), as garnishee, Bank Attachment Only - All Assets and accounts, including, but not limited to, bank accounts, brokerge 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 $1,891.17 Interest from 8/3/10 -- $393.21 Attorney's Comm. % Attorney Paid Date: i 78/14; :f r ' ,'��eail REQUESTING PARTY: Name : DAVID J APOTHAKER, ESQUIRE Address: APOTHKER SCIAN, PC 520 FELLOWSHIP ROAD, C306 PO 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 $193.00 • g„ae, 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 (IFFICE fit" DEC 22 All Ir: C. CUMBERLAND ,' D v'3U1 PENNSYLVANIA LVNV Funding, LLC vs. Allan M. Rivera Case Number 2010-3786 SHERIFF'S RETURN OF SERVICE 12/18/2014 11:21 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, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Nicole Martin, 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 December 19, 2014 to lien M. Rivera at 4304 Allen Road, Camp Hill, PA 17011-6602. %JDEPUTY SO ANSWERS, December 19, 2014 RONNY R ANDERSON, SHERIFF (c) CrnmtySuite Sheriff, Te'seosof*., Inc. Our File No.: 244074 LVNV FUNDING, LLC Plaintiff vs. ALLAN M RIVERA 4304 ALLEN RD CAMP HILL, PA 17011-6602 XXX -XX - Defendant MEMBERS 1 ST FCU Garnishee ) ) ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 10-3786 CIVIL ) ) Civil Action ) ) ) ) ) ) INTERRO ATORIES 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. trn 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? o„ 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? 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? t\)0 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'? Ivy 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? or 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 ti 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 under 42PA.C.S.§8123? If so, identify each account. 0,° 9. How much is the value of any property in your possession belonging to the defendant(s)? s 3 • �S 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: David J. Ap.thaker, Esquire APOTHAKER SCIAN P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff LVNV FUNDING, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ALLAN RIVERA, Defendant : 2010 — 3786 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 29TH day of DECEMBER, 2014, a hearing on the Claim for Exemption filed by Sarah Marshall Rivera shall be held on MONDAY, JANUARY 5, 2015, at 2:30 p.m. in Courtroom # 3, Cumberland County Courthouse, Carlisle, Pa. By the Court, X,/ Edward E. Guido, J. ✓David J. Apothaker, Esquire 520 Fellowship Road — C306 P.O. Box 5496 Mount Laurel, N.J. 08054 Sarah Marshall Rivera 5601 Union Deposit Road Harrisburg, Pa. 17111 Office of the Sheriff — �jc , ,g Sharon R. Lantz l / J :sld ieS It tiL 20y Ain O r. RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 December 23, 2014 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 RICHARD W. STEWART Solicitor Enclosed please find a Claim for Exemption, pertaining to Cumberland County Civil Case Number 10-3786, filed by Sarah Marshall -Rivera, which was received in the Cumberland County Sheriff's Office on this date. Please note that there was bank garnishment ONLY done in case. If a hearing is scheduled, please forward a copy of the Notice of Hearing to my attention in the Sheriff's office, however it is the Court's responsibility to notify all parties involved. Thank you for your consideration to this matter. Involved Parties: David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, NJ 08054 Sarah Marshall Rivera, Claimant 5601 Union Deposit Road Harrisburg, PA 17111 717-903-5352 Sharon R. Lantz Staff Assistant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : WRIT NO. 20 /D "37ACIVIL TERM CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from Ievy, or attachment: 1. From my personal property in my possession which has been levied upon, (a) I desire that my S300 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): . F\ \� 4\ A \Vp m co 2. Fromm roperty which is in possession ion of a third party, I claim the following, exemptions: (a) my.$300 statutory exemption: 0 in cash ❑ in kind (specify property): (b) Social Security benefits on deposit in the amount of $ (c) other (specify amount and basis of exemption): I request a prompt court hearing to deteimine the exemption. Notice of the hearing of the hearing should be given to me at: ka,b0M-(2_\vf_fo\ F00\ UON CC-1 Address \DUCC Ti qD5'"032— 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 18 Pa. C.S. 4904 relating, to unsworn falsification to authorities. Date: VA -LS 201 THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF OF CUMBERLAND COUNTY: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6390 LVNV FUNDING, LLC, Plaintiff v. ALLAN RIVERA, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2010-3786 CIVIL . CIVIL ACTION - LAW IN RE: CLAIM FOR EXEMPTION GRANTED ORDER OF COURT AND NOW, this 5th day of January, 2015, it appearing to the Court that the Members 1st Account 500403 is a joint account titled in the name of husband and wife, the claim for exemption is granted, and the Sheriff's levy is dissolved. By the Court, Edward E. Guido, Ben Cavalaro, Esquire 520 Fellowship Road - C306 P.O. Box 5496 7Mont Laurel, NJ 08054 ah Marshall Rivera 5601 Union Deposit Road Harrisburg, PA 17111 srs !►2�.tel, SIERy-KL- Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY L,'.lI`'i3EnL 3 ub, PENNSYLVAMA LVNV Funding, LLC vs. Allan M. Rivera Case Number 2010-3786 SHERIFF'S RETURN OF SERVICE 12/18/2014 11:21 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, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Nicole Martin, 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 December 19, 2014 to Allen M. Rivera at 4304 Allen Road, Camp Hill, PA 17011-6602. 12/23/2014 Claim for exemption filed this date by Sarah Marshall -Rivera. Taken to Court Administration to schedule a hearing. 12/29/2014 ORDER OF COURT And now, this 29th day of December, 2014, a hearing on the Claim for Exemption filed by Sarah Marshall Rivera shall be held on Monday, January 5, 2015 at 2:30 p.m. in Courtroom #3, Cumberland County Courthouse, Carlisle, PA. By the Court, Edward E. Guido, Judge 01/05/2015 ORDER OF COURT And now, this 5th day of January, 2015, it appearing to the Court that the Members 1st Account 500403 is a joint account titled in the name of husband and wife, the claim for exemption is granted, and the Sheriffs levy is dissolved. By the Court, Edward E. Guido, Judge 01/08/2015 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Court Order states the Sheriffs levy is dissolved. SHERIFF COST: $89.26 SO ANSWERS, January 08, 2015 (c) CountySu'ae Sherif`: Teleosoft. Inc. RONNY R ANDERSON, SHERIFF (2,5' d . . 99.37/ 3/5- 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. ALLAN M. RIVERA WRIT OF EXECUTION (Pa R.C.P. 3252) NO 10-3786 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ALLAN M. RIVERA, 4304 Allen Road, Camp Hill, PA 17011-6602, 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, 5000 Louise Drive, Mechanicsburg, PA 17055, GARNISHEE(S), as garnishee, Bank Attachment Only - All Assets and accounts, including, but not limited to, bank accounts, brokerge 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 $1,891.17 Interest from 8/3/10 -- $393.21 Attorney's Comm. Attorney Paid $176.50 Date: 12/8/14 (Seal) REQUESTING PARTY: Name : DAVID J APOTHAKER, ESQUIRE Address: APOTHKER SCIAN, PC 520 FELLOWSHIP ROAD, C306 . PO 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 $193.00 -f9-2A.eetjD "gti,JL 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 seal of sai•- - • urt at Carlisle, Pa This of 20P/ Prothonotary 2