The URL can be used to link to this page

Home My WebLink About10-6711SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a~~~'~~~ rf L;lrnIiF~~~~~~fr Jody S Smith ~- Chief Deputy Richard W Stewart Solicitor <-~~ ~ ,~ -r ° ~-~,~~ LVNV Funding, LLC vs. Eleanora M. Frazier Case Number 2010-6711 SHERIFF'S RETURN OF SERVICE 10/29/2010 03:48 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 29, 2010 at 1548 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eleanora M. Frazier, by making known unto herself personally, at 100 Clarkton Court, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $42.40 November 01, 2010 ROBE T BITNER, DEPUTY SO ANSWERS, RON r R ANDERSON, SHERIFF ,`~~; ^a ~~~ ~ _, P ? ~ °~ ~ r~ ' ~ ~, r° ~ ~ ~~ ' ~~ -~ 3 ~- .-~ '~r ~ w:~ „ ~~ "~ "' ' ~ - ~ ...,~' :; Coun`ySuite Sher!ff. Te,'..sOS:YI. I~~.:. Our File No.: 282405 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 FILED-OFFICE OF THE7 PR0T1iCN0TARY ?011 .I"`N' 24 PM 12: 5:9 CUMBENRLAND COUNTY PC" NS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. ELEANORA M FRAZIER NO.: 10-6711-CIVILTERM Civil Action Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, ELEANORA M FRAZIER, in the default of an Answer, in the amount of $1,275.63 computed as follows: Amount claimed in complaint: $ 1,285.63 Less: Amount Paid: ( 10.00) Plus: Interest from October 14, 2010 to January 13, 2011 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 1,275.63 I certify that Defendant, ELEANORA M F 41E , last known address is 100 CLARKTON CT LEMOYNE, PA 17043. Dated: January 13, 2011 eprofi*) ?1 1& ??iu David J. Apobker, Esq. Attorney for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: ELEANORA M FRAZIER 100 CLARKTON CT LEMOYNE, PA 17043 LVNV FUNDING, LLC Plaintiff VS. ELEANORA M FRAZIER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6711 •-CIVILTERM Civil Action NOTICE 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 Our File No.: 282405 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 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. ELEANORA M FRAZIER NO.: 10-6711-CIVILTERM 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 pe t es of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apo er, Esq. Attorney for Plaintiff Dated: January 13, 2011 N Our File No.: 282405 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. ELEANORA M FRAZIER Defendant Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 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 100 CLARKTON CT LEMOYNE, PA 17043. We inquired with the web site of the Defense 1 Wilson Boulevard, Suite 400, Arlington, VA 22209- branch of the military. Mary M. Snavely-Dixon, Director of the Def our inquiry indicated that the Defendant(s) is/are not i Data Center has sent back David J. Apothaker, Esq. Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-6711-CIVILTERM wer Data Center, located at 1600 if the Defendant(s) is/are in any 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 unworn falsification to authorities. Department of Defense ,limposner Data Center dart-13-201109.16,04 Mkwy Saga Report Parsrsant to die Sm ce Members CAI Reliel•Act ? lass !oilkir LL_ D>m A,ctlw lltiutr?t At*"* t FRAZIER ELEANORA Based as tine idorrnatioa }nu have f cashed, toe D.1iDC dots out Pc- goy xformmon Madcsm6 die iadividsel stoat. Upon serrmbaw the itiarembom dola boles of the Depaetmert otDefease Maewwa Deb Center, based on the. irEorwt6au mat you prodded„ the above is theca new stag etch iadhidual as to aN brauci= ofthe L'aformed Services (Umyv Plow,,Marian Cops, Air Face, NOAA. Pu is HexW and Coast Guard). r1aw,?r? Mwy M. S-* Dozen, Director Department of Dense -1MMmepowesr Dam Center 1600 W ISM Diva, suite 400 Ariaop m VA 22209-2593 The Defense Manpower Data Cawer (D)4DC) is au ogpwwA tae of the Depanmaat of D ofense that mratms doe Defense Enrubma t and 1303ky Repotiei System MEEKS) database which a the adicial source of data an eigibi2y for nam., wed cal care and o6er elgW rysteaas. The Don *=* RWKFrs ere mBarcaarat of die service Mmbm CAwl Reef Act (50 LW App- §§ 501 et w% as amended) (SC;RA) Oonaerlp kwwt as ere Soldiers' red Sailors' CAI RddAct of l940). DMX has ismed lutrcheds of 6ousaeda of 'does not possess lay is mus ion iadcaeetg dot d!e xxiisidwl is carrerdy an ac*m duty" rewomses, and hu aperiewed a sera eenr rare. In the wear the iarividsalrefertxaced above, or any family m tuber, fiord: or represanrapv a amw" is ray wommet dw the ieanid d is oa active duty, or is othersfine entitled to the protection of d r SCRA, you are weedy encouraged to obtaa Fnedta• ieaficaiaa of tat per" s sams by comaceu4 dw pasoa s Save via 16e `4&md* r UL kft-'=g'rvsr. ereoci no be.,t If you have evidence the pawn is Qe active duty and you far to obtim d is a&Mkm al Se+siee vn*eadon poeive pry of the SCRA nav be i woked agaetstt yon. Set 50 t,SC App. §521(c). if yore obtain addoiooai i 6cmmiban. about dfe person (e g, an SSN, improved wcuacv of DOD. a rnidvie aaese), yens cm subunit pow rust again at the Web site mad we wiz provide a yew certi6eaer for that gamy, This renpaeM rag is attire duty sucas irc#s6og date the odiAdW was Ust on w&v 4sty, fit wu within tke preceding 367 Am, For hisl r" iefnrr satioo, pkmc contact the Service SCRA paints-of-eadart. Afew i%4w aadox on 'Acaim Dark Sau sr' Ar$tc dry unto as reported it this catiCate is defined in accordance with 10 CSC § 10l (d)(1) for a pmod of mare tea 30 consecutive days. In the ease of a member of the National Guard, aehrdes service render a cad to active service autbonted by the hesideat or dye Secretary ofDdaxe for a period ofmm than 30 crosecutyvt days wider 32 LU § 502(f) for purposes of respoadag to a aabxW emageacy deckmed by due President and srpporttd b-, Federal finds All Active Guard Reserve (,AGR} members num be asswed against ra mAwnieed mobatabom poubm in dw out rheV support This wdxks Navy TARS. Mmi,- Corps ARs and Coast Guard RPAs_ Amv Doty status also apples to a Uof ctmed Service member wbo is at active drxrtv commiissiooed officer riche U,S Public ReeAth Service or due W timW Gera* ad Atmosphe is Admiistration (?iOAA Commmsioned Carps) for a period of mcxt than 30 consecutive da,s. Cow,w UmA or dpi $C&4 it g^wAtr ix Sauce Cases +Coveragc ®der the SCRA is broader a same rases and mcbdes same categories ofpasots an active durh for purposes afthe SC RA xbo would rot be reported as on Active Duty under this certificate. Mmy times orders we amended to extend dw penaa ofrckmv arty, wbwh would extend SCRA protections. Pawns sed* to rely as this webite radaooa d ward check to make sure ere orders on wbkh SCRA prowbom are based have not beet amended to vdand the kxhw c dates of service. Far6e omm, some protections of the SCRA may extend to pavo ns wbo have received ordCo so report for active duty or to be irdncted but who have not actugh bepm active day or acmaty reported iar iadattoo_ The Last Date an Actty a Dory eery is oVas'taat because a ofprutections of SCRA eared bepaad the last dates of OMV &0, Tbose who would rely on this certificate are urged to seek gtsaRied Ito course to ensure that all rights guaranteed to Service members ruder be SCRA we protected WAILNTiCc T Ws caWksk was provided based ow asnow and SSN provided by the r _ Provi&* an eaaa cos aemc at W4 WE came in arawous eetirate to he provided. Report uJ826KTOC03 282405 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTI' LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) ELEANORA M FRAZIER ) NO. 10-6711-CIVILTERM To: ELEANORA M FRAZIER 100 CLARKTON CT LEMOYNE, PA 17043 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 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 Date: November 23, 2010 BAR DAVID J. A TH KER, 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 Our File No.: 282405 LVNV FUNDING, LLC Plaintiff vs. ELEANORA M FRAZIER Defendant(s) 100 UCLA-kbrk p oaf `kKk .� To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-6711-CIVILTERM PRAECIPE FOR WRIT OF EXECUTION Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against ELEANORA M FRAZIER, defendant(s); and (3) against PNC BANK 333 WEST SOUTH ST CARLISLE, PA 17013, Garnishee(s); (4) and index this writ in the judgment index (a) against ELEANORA M FRAZIER, defendant(s), and (b) against PNC BANK 333 WEST SOUTH ST 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 $1275.63 Interest from January 24, 2011 $248.14 Minus Payments made Plus Costs Total akti ggq, Pd `"y0.1/410 C3� 1uk 4- M.�"a � -$10.00 $193.00 $1706.77 David J. Apothaker, Esquire Attorney for Plaintiff(s) CJ/ //.7e.)/ gH37 ✓ 7 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. ELEANORA M. FRAZIER WRIT OF EXECUTION (Pa R.C.P. 3252) NO 10-6711 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ELEANORA M. FRAZIER, 100 CLARKTON COURT, LEMOYNE, PA 17043 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 PNC BANK, 333 WEST SOUTH STREET, CARLISLE, PA 17013GARNISHEE(S), as garnishee, 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. (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 $1,265.63 Plaintiff Paid Interest FROM JANUARY 24, 2011 - $248.14 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $177.40 Other Costs $193.00 Date: 12/8/14 • (Seal) REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER SCIAN, 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Ii� t'RO I ONu !.r� Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF TNS 2s?lit DEC 22 AM 10: 00 CUMBERLAND COUNTY PENNSYLVANIA LVNV Funding, LLC vs. Eleanora M. Frazier Case Number 2010-6711 SHERIFF'S RETURN OF SERVICE 12/18/2014 11:09 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Carla Crozier, Sales, 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 Eleanora M. Frazier 0 Clarkton Court, Lemoyne, PA 17043. IA CLI E, DEPUTY SO ANSWERS, December 19, 2014 RONNS' R ANDERSON, SHERIFF (c) CountySuite Sheriff,Teleosoff. Inc. L71 lr' THE PROTHONOTAF. ?015 JAW 12 PH 2: 2[4 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEPAFgW 41 LAND COUNTY PENNSYLVANIA LVNV FUNDING, LLC CIVIL ACTION - LAW CASE NO.: 10-6711 Plaintiff, vs. ELEANORA M. FRAZIER Defendant, PNC BANK, ANSWERS TO INTERROGATORIES IN All ACHMENT and Filed on behalf of PNC Bank, National Association Garnishee Joel B. Gold, Esquire Sr. Counsel for PNC Bank, National Association Pa. LD. #42090 PNC Bank, National Association Firm #862 One PNC Plaza, 20th Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-2707 (412) 762-2801/6763 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LVNV FUNDING, LLC CIVIL ACTION - LAW CASE NO.: 10-6711 Plaintiff, vs. ELEANORA M FRAZIER Defendant, and PNC BANK, Garnishee ANSWERS TO INTERROGATORIES IN ATTACHMENT Filed on behalf of PNC Bank, National Association ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A. the Garnishee ("Bank"), files this response and states as follows: 1. The Bank has an account titled in the name of the judgment defendant that is joint with a non judgment defendant; the account receives a "Benefit payment" on which an "Account review" was conducted. The account is not attached because there were no funds in excess of the "Protected amount". 31 CFR §§212.1 et seq. 2. No. 3. No. 4. No. 5. See no. 1. i 6. See no. 1. 7. See no. 1. 8. No. 9. See no. 1. 10. N/A. WHEREFORE, PNC Bank, N.A. does not admit owing a debt to the judgment defendant and does not admit holding tangible personal property of the judgment defendant. Lit/garnishee answers/Frazier, Eleanora 12292014 Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION 4/f elB.G. •,Esq VERIFICATION The undersigned hereby verifies that 1 am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904, relating to unsworn falsification to authorities. RE LVNV Funding LLC vs Eleanore M Frazier DOCKET NO: 10-6711 Theresa A Dusch Team Lead, Garnishment Processing Position DATE: January 2, 2015 Lit -233946.1 CERTIFICATE OF SERVICE PNC BANK, Garnishee, certifies that on JW14,tVIi 7 , 2015, a copy of the Answers to Interrogatories in Attachment was served via first-class U.S. mail to: the court where the Writ of Execution was filed; the plaintiff orcounsel representing the plaintiff; and to the defendant(s). Date: jayuAsto,, 7015 Kristen IIiander, Paralegal---- PNC aralegalPNC BANK, NATIONAL ASSOCIATION