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HomeMy WebLinkAbout10-6549SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~a+,»lt, 6f `~tln~j~r}~~~ Jody S Smith Chief Deputy ~ -- ~ ~~~ ;F; 9 y ~`$ ~' ~ ~i Richard W Stewart Solicitor ~,~F ~ ` -'~° `"`°R,~>; Advantage Assets II, Inc. Case Number vs. Tammie K. Ross 2010-6549 SHERIFF'S RETURN OF SERVICE 10/22/2010 11:50 AM -Brian Barrick, Corporal, who being duly sworn according to law, states that on October 22, 2010 at 1150 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tammie K. Ross, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 it contents and at the same time handing to her personally the said true and rrect~~copy of the s e. %~~~~~L/ BRIAN BARRICK, DEPUTY SHERIFF COST: $41.50 October 22, 2010 SO ANSWERS, ~~~ RON R ANDERSON, SHERIFF .7 C ~,, ~ ~~ -~ ~°- t~ ca -`-4 ~ ~~ ~ ~ ~~ - ~ ~' cxt ~ ~. ~ -~ ~ ~ ~' ;- ~ r i --s - C ~~= N ::~ ;c} CountySuite Sherfl. ielecsofl. Inc. rf . Our file No.: 282597 ° 7L - APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 307949 ADVANTAGE ASSETS II, INC Plaintiff, 201Q DEC - i Of 10., WSytV4,v1n I' . COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-6549 VS. TAMMIE K ROSS Defendant. Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on December 03, 2010, STIPULATED by and between Plaintiff, ADVANTAGE ASSETS II, INC., and Defendant, TAMMIE K ROSS parties as follows: 1. Defendant agrees to pay the sum of $1,998.41, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $1,998.41 shall be paid by the by Defendant, TAMMIE K ROSS, to the attorneys for Plaintiff in the following manner: a. $90.00 to be paid on of before the 20th day of each month, beginning December 20, 2010 until paid in full. All checks are to made payable to ADVANTAGE ASSETS II, INC., and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Our file No.: 282597 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $1,998.41, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to TAMMIE K ROSS by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged invOebt Collection Esquire j Our File No.: 282597 ADVANTAGE ASSETS II, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. TAMMIE K ROSS NO.: 10-6549 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: ° -v -n Issue a Writ of Execution in the above matter, a _ ) (1) directed to the Sheriff of CUMBERLAND County; r-`= LC -0, " N (2) against TAMMIE K ROSS,defendant(s); and ao (3) against METRO BANK 20 NOBLE BOULEVARD CARLISLE, PA 17013, Garnishee(s), (4) and index this writ in the judgment index (a) against TAMMIE K ROSS, defendant(s), and (b) against METRO BANK 20 NOBLE BOULEVARD 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 $1718.41 Interest from May 19, 2011 $266.94 Minus Payments made -$ Plus Costs $193.00 Total $2178.35 David J. Apothak , quire `-C Ci p0 (t � , Attorney for,{Plaintiff(s) �' Olt 4 .ay �ue W. ef WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-6549 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ADVANTAGE ASSETS II,INC.Plaintiff(s) From TAMMIE K. ROSS, 1183 KINGSLEY ROAD,CAMP HILL,PA 17011 (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 GARNISHEE(S)as follows: Ine-4A.0'aw- C I 10 AJd4is-- 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$1,718.41 Plaintiff Paid$ Interest FROM MAY 19,2011 -$266.94 Attorney's Comm. % Law Library$.50 Attorney Paid$176.50 Due Prothonotary$2.25 Other Costs$193.00 Date: 2/14/14 David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name :DAVID J. APOTHAKER,ESQUIRE Address: 520 FELLOWSHIP ROAD,C306 P.O.BOX 5496 MT. LAUREL,NJ 08054 Attorney for: PLAINTIFF Telephone: 1-800-672-0215 Supreme Court ID No. Our File No.: 282597 ) ADVANTAGE ASSETS II, INC. ) ) COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY vs. ) ) TAMMIE K ROSS ) NO.: 10-6549 1183 KINGSLEY RD ) CAMP HILL. PA 17011-6113 ) Civil Action XXX-XX-9996 ) ) Defendant ) ) C J F-S METRO BANK , r=7 ;.. Garnishee ) Y13tt INTERROGATORIES TO GARNISHEE `' yy c c..) TO: METRO BANK, 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? Defendant has account which is joint spousal 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? 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? 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 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: t °I •i;)f i> David J. 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 of Metro Bank, garnishee herein, (Title) (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/her knowledge, information and belief. 9 -- (, IGN TURF) Our File No.: 282597 APOTHAKER & ASSOCIATES, 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 ADVANTAGE ASSETS II, INC. vs. TAMMIE K ROSS METRO BANK Plaintiff Defendant Garnishee tHE 21 PM 2:29 CIIIIBEhLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 10 -6549 Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, BANK, dissolved. David J. A er, Esquire Attorney for Plaintiff Co/ I Oftgo h'--363Wg SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .. , ROT(J(l l t Jody S Smith Chief Deputy 2tH 1 MAY -2 PM 3. 01 �.a Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Advantage Assets II, Inc. Case Number vs. Tammie K. Ross 2010-6549 SHERIFF'S RETURN OF SERVICE 02/20/2014 10:49 AM-Jason Kinsler, 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 Nicole Erickson,Assistant Store 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 February 21, 2014 to Tammie K. Ross at 1183 Kingsley Road, Camp Hill, PA 17011-6113. 05/02/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Defendant entered into Chapter 7 bankruptcy; Bk Case No. 1-14-02073-MDF. SHERIFF COST: $88.26 SO ANSWERS, May 02, 2014 RONNW ANDERSON, SHERIFF yy :.� - ' T3 05. 35-3 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CRAIG KEITH ROSS and TAMMIE KAY ROSS, Debtors CRAIG K. ROSS and TAMMIE K. ROSS, Movants v. ADVANTAGE ASSETS II, INC, Respondent: : CHAPTER 7 : CASE NO. 1-14-02073-RNO : (LIEN AVOIDANCE) CERTIFIED Ff M THE RECORD this d. •f , 20 L CI Cie ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtors, Craig K. Ross and Tammie K. Ross, to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by Advantage Assets II, Inc. in the Court of Common Pleas of Cumberland County, Pennsylvania to No. CV -10-6549 is avoided and declared void as to the real property located at 1183 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania owned by the Debtors in that it impairs an exemption claimed by the Debtors in such real property to which the Debtors would otherwise be entitled. Dated: June 24, 2014 By the Court, 6LL u: cq.A.e Robe 71 N. Opel, .11, I3aiikruptcy Judge fin) rm ©o ss• PI C, rx D s� i# o 47V1/452 �, C Case 1:14-bk-02073-RNO Doc 17 Filed 06/24/14 Entered 06/25/14 10:49:16 Desc