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HomeMy WebLinkAbout10-7387Our File No.: 285711 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. EMILIO PORTILLO 19 DARTMOUTH CT MECHANICSBURG, PA 17055-5644 Defendant. G~ THE P~'~Q ~N~d~T,~,~"~ ZOIO ~OV 30 Ate t l : 33 CUMBERCAPi~ COU~Ty~ PEt~NS YLVAN3A COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: ~ n - / 3 S~ 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 ~~ S ~~ ~~ ~~~ ~ Our File No.: 285711 ' 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. EMILIO PORTILLO 19 DARTMOUTH CT MECHANICSBURG, PA 17055-5644 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 EMILIO PORTILLO, an adult individual residing at 19 DARTMOUTH CT MECHANICSBURG, PA 17055-5644. 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account # ending in 3393; and said account was issued to Defendant(s) by HSBC/ORCHARD BANK, 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 $2,029.34. 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 $2,029.34 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & AS IATES, P.C. Attorney f Pl 'tiff A Law Firm Enga~ d in ebt Co ctio~ BY: David J. Apo~~cer, Esquire Dated: 11 /22/2010 Our File No.: 285711 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 relatipgto unsworn falsification to authorities. David J. othaker, Esquire Attorney or Plaintiff DATE: 11/22/2010 LVNV FUNDING, LLC EMILIO PORTILLO 19 DARTMOUTH CT MECHANICSBURG, PA 17055-5644 STATEMENT OF ACCOUNT Debtor's Name: EMILIO PORTILLO Account Number: ending in 3393 Original Creditor: HSBC/ORCHARD BANK Balance Due: $2,029.34 Our File No.: 285711 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff Jody S Smith Chief Deputy 201 Q DEC - 9 QM 4:20 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA LVNV Funding, LLC Case Number vs. Emilio Portillo 2010-7387 SHERIFF'S RETURN OF SERVICE 12/02/2010 06:02 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 2, 2010, at 1802 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Emilio Portillo, by making known unto himself personally, at 19 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 December 03, 2010 RYAN BURGETT, DEPUTY SO ANSWERS, RON W R ANDERSON, SHERIFF Our File No.: 285711 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. ) NO. EMILIO PORTILLO ) Defendant ) FILED-OFFICE OF THE PRO THOhl ; -,. 2011 JAIN 24 P1412: ?=W CUMBERLAND Cry PENMSYLVAI„ ":, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 10-7387 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, EMILIO PORTILLO, in the default of an Answer, in the amount of $2,029.34 computed as follows: Amount claimed in complaint: $ 2,029.34 Less: Amount Paid: ( 0.00) Plus: Interest from November 22, 2010 to January 13., 2011 at the legal interest rate of 0.00% per annum 0.00 Attorney fees 0.00 TOTAL $ 2,029.34 I certify that Defendant, EMILIO PORTILLO, st ow-n address is 19 DARTMOUTH CT MECHANICSBURG, PA 17055-5644. David J. Apothaker, Esq. Attorney for Plaintiff Dated: January 13, 2011 Pd. IN aU Plk) k)Pamh't" i?? a?ra?s i? blN ??? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: EMILIO PORTILLO 19 DARTMOUTH CT MECHANICSBURG, PA 17055-5644 COURTOF COMMON PLEAS OF LVNV FUNDING, LLC ) CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: 10-7387 EMILIO PORTILLO ) Civil Action Defendant ) 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.: 285711 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. EMILIO PORTILLO Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-7387 Civil Action 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 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: January 13, 2011 Attorney for Plaintiff Our File No.: 285711 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.: 10-7387 EMILIO PORTILLO ) 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 19 DARTMOUTH CT MECHANICSBURG, PA 17055-5644. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-259i:f the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defenst Mper Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in tie mrt David J. Apothake ; 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. 4 D*attme a of Ddease Mavower nea Center Jan-1 101109:20:4$ Mrdiy Status Report Posou t to dw Se nice -Menlbers Croy Rdirf Act Nate lfltstt2l it?a Boor Daft Attire Doty 9tadts &-live Dw! rod Dam Serve Agobty Baserd oa 1lue in(armatioo you hsv a 16e D?iIK dons possess ,m itorvadon PORTILLO E mug Odcatiig de mcinukal stahm VP- sea dW9 the idfarnttatioa dam basics cite Deparw mt o(DtFtase 44aulwwrr Data Cotter, based an the gor t,06 *x Foes prodded the above is tau ewnus noon cftbe iadnidual as to al b-4- d*e 1:zW tvawd Services j Amy, ikavy,'vlarine Corps. Air Farce, NOAA, Pahie Hearth, and Coast Ouad)- Marv M- Srzavxly-DbuxL Director Department of Drfease - _blaiperwer Data Center 1600 Wison &vd., Suite 300 Ativtow A 22209-259} fht DdemrMaapaRer Data Ceuta (DhiDC) is m otgaaixataon o1 the Aeparortenr' of D4 tbat tuxtiattgns >lxe Defenu Enro beet and EIxW Rq-rbeg System (DEERS) database a>ach is the offs a soffit of data on eligibility for miwrv medical tar[ and other ' system. Tbr Ruoff strongly supports the enfurcemert of dze Stine Members Civil RA d Act (50 L'SC App. §§ 501 et soy as amended) (SCRA) tloamak known as the Solders' and Sarkrs' Civil Rxiid Act of 1930). D_-MDC bass issaed humkkeds of thousands of 'dm not possm any, iafartw oion wdcapng that dw ixdMwd is currently on active duty' responses, and has everkwed a una ttror rate. In the evert the iockridaal referenced abcrur, or an7 fiwxl? -ember, dead, or representative assts a any manner tbat the indmAsal is on active duty, or is odiem se eub1rd to the protections of fc SCRA, you we skoogly encowned to r#au ft>r6a sircatiw of the pmoa's stow by eoatecAng that person't Service via tIIe'ddem tkpk mi ML b g?vxr defenses ° ate" vr??St n If you bav a evidence the person is arc active rlut? and yrnr fat to obtain dis additional Service VerillicMioq punitive proms cf dw SCRA essay be zr?mkedxgmtkst you. Sec 50 USC App. §521(c)- if yore obtain additiorwl aafbmuAarc abort the person (e g, an SSNt * woved accuracy o(DM a rnidc* maxi), you can sv>6mit your request aM at this Web site and we vol prm-Ac a nett cerblicatr far rho *Dm. This response fdk' to active d.ty status kdxkq date the individual was last on aresrva de ty. fit wits Vibia ffir:prWA&g 367 dzys.. For Mastorica) iaformstian, please contact dbe Slice SCRA lwiots-d"-comact. Adv e dun- stators as reported in this certi&me is dgd xd it accordance wih 10 is SC § 191 (d)(1) for a pm. d of more than 30 consecubve divs In the case of a member of the -Nativaat Cntzad. ucltdes tmicr under a call to active service aurtborized by die Preriderat at ** $ecxetary of Ddinit foe a period of awe dunce 30 eonw--utn e days order 32 tSC § 50.(flfor purposes CC to a *z6onal anergtncy declared by the Presi lew and suppcared by Federal f ands All Artier Guard Rxsmr (AGR) meiuberx nag be waig med againg an mat wwrd mob&ataon posibm in the unit tx? support This n Acdes Nav j TARS, Marne Caps ARs and Co" Guard RPM, Active Dux, status also applies to a V4 rmed Senice member wbo is an act qv dory conwjo siamed kal!"iter cfdw U.S, Fnblio Heath Sc ice or the',`aional 4kessic *ad Atmospheric .'l41a*istEa6m (NNO AA Commissioned Corps) for aperiod efmorr than 3G consecutive day s. Covernge Under 4w SCR.4 it Broout w m Some Casa Ccniv:W under the SCRA is broader is some cases and includes some categories of persons on active duty far purposes ofdr SCRA who wauid not be reported as on Act %r Duty utdet ties cerfcet. '.Monty tires orders :zee amended to rx the period ofactwr duty, whA would extend SCRA protretiooa- Persons se+dung to rdy as dis webste certfica6m shod cheek to make swe the orders on xrhie6 SCR.A protection are based have not bey arepded to extend dw i 4wive dates of smice Forthmwore, some protections ofthe $CPA may extend to perms M%o have wcrimd orders to report for active dory at to be inducted, but who hint ant actual y hrgm a cbm duty or acmatly reported fox ixlwboa The Last Date on Actity Duty entry is czportwA became a marzber ofprokcbom of SCRA eaund beyond the last dolBei o(am-t duav Those wk would rely on this cerbficate are aged to seek ramified kgal counsel to ens re that A rigbb gunaearerd m Strw ce taesibe rs inert the SC"RrS are protened R'AKNM G: Tbts cafficatr was p nmidtd based on a name and SSN prm ded by Sc sapeeter. Providing an eta woos aa¢ at SS! will cause an enoot m cerficate to be provided Report to tTDRT1HJDC 285711 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LVNV FUNDING, LLC ) VS. ) EMILIO PORTILLO ) To: EMILIO PORTILLO 19 DARTMOUTH CT MECHANICSBURG, PA 17055-5644 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 10-7387 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: December 27, 2010 BAR DAVID J. APO HA R, 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.: 285711 f ` ' l HONOTA LVNV FUNDING, LLC ,, ,E NOV I ci IN THE COURT OF COMMON PLEAS OF Plaintiff t` ' $ `l 3� CUMBERLAND COUNTY, 1-L fi[3ERLA D COUNT VS. PENNSYLVANIA EMILIO PORTILLO NO.: 10-7387 Defendant(1) )$1 00,..11 S PRAECIPE FOR WRIT OF EXECUTION Toil Prothonotary: I S 1 Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against EMILIO PORTILLO, defendant(s); and (3) against M& T BANK 960 WALNUT BOTTOM RD CARLISLE, PA 17015, Garnishee(s); (4) and index this writ in the judgment index (a) against EMILIO PORTILLO, defendant(s), and (b) against M &T BANK 960 WALNUT BOTTOM RD CARLISLE, PA 17015, 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 $2029.34 Interest from January 24, 2011 $332.58 Minus Payments made -$ Plus Costs $193.00 Total $2554.92 CIO g DCNI ,ebt dd Benjamin Caval aro, Esquire Attorney fo ' ..ntiff(s) � ,a5� wt � - c� a °� �� °i"� , 0 L� Mit- V__31 -:.(994P36S WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7387 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING,LLC Plaintiff(s) From EMILIO PORTILLO,257 MAIN STREET, MILL HALL,PA 17751 (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: M&T BANK,960 WALNUT BOTTOM ROAD,CARLISLE,PA 17015-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$2,029.34 Plaintiff Paid$ Interest FROM JANUARY 24,2011 -$332.58 Attorney's Comm. % Law Library$.50 Attorney Paid$172.00 Due Prothonotary$2.25 Other Costs$ ei 3•o° Date: 11/18/13 David D. Buell, Prothonotary • / Deputy REQUESTING PARTY: Name : BENJAMIN J. CAVALLARO,ESQUIRE APOTHAKER&ASSOCIATES,P.C. 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson J Sheriff ���,,x�r at t":�Errate,��,��� '•r '�+ ; r 1-�(� ,,�, ► r; , Jody S Smith Chief Deputy cwt NOV 25 , Richard W Stewart Solicitor OF F} E OF_HE S�ERWr PENNSYLVANi, LVNV Funding, LLC vs. Case Number Emilio Portillo 2010-7387 SHERIFF'S RETURN OF SERVICE 11/21/2013 01:59 PM- Shawn Gutshall, 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, M &T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Yvette Shughart-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 her. The writ of execution and notice to defendant was mailed on November 22, 2013 to Emilio Portillo, 257 Main Street, Mill Hall, PA 17751. GUTSHALL, DEPUTY SO ANSWERS, November 22, 2013 RbNW R ANDERSON, SHERIFF t ?''ountvskmo Shallff Te'.eoscft.L'c. Our File No.:285711 LVNV FUNDING, LLC ) COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY vs. ) EMILIO PORTILLO ) NO.: 10-7387 257 MAIN ST ) MILL HALL, PA 17751 ) Civil Action XXX-XX-9193 ) Defendant ) M� r- M&T BANK ) cn < Cn Garnishee Aa 5; ry , r F7 INTERROGATORIES TO GARNISHEE _°- TO: M & T 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? q Q S Q I -a4•-)�S 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)? r-11 C3 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? r\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? ,-'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? 1-3 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 yvou? n 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 bads 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. ('�o 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. y�e 5 G,N 1 S - n o 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: Benjamin J. aro, Esquire APOTHAKER&ASSOCIATES,P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel,New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff CATHY S FISHER M&T BANK DLC c� 3 Z013 Our File No.: 285711 ,28A/ �4 PR Or 1iOI1- C-47 7- APOTHAKER&ASSOCIATES,P.C. Jd�23 P�1 ` By: David J. Apothaker,Esquire C(If� l 55 520 Fellowship Road C306 PF' �INQ n PO Box 5496 t v Ol Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff ) LVNV FUNDING, LLC ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY Plaintiff ) vs. ) ) NO.: 10-7387 EMILIO PORTILLO ) ) Civil Action Defendant ) ) M&T BANK ) ) Garnishee ) ) PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, M-' T 1ANK, dissolved. David J. Apothaker, Esquire Attorney for Plaintiff Sq SCYpa at,ty e)( tk (31 Ltr) SOC)1CA Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY w-^ QF.f CE OF THE S!4EFIFF T;-1} rr^,OT rtU3' O JUN 16 PM 2:35 CUMBERLAND COUNTY PENNSYLVANIA LVNV Funding, LLC vs. Emilio Portillo Case Number 2010-7387 SHERIFF'S RETURN OF SERVICE 11/21/2013 01:59 PM - Shawn Gutshall, 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, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Yvette Shughart - 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 her. The writ of execution and notice to defendant was mailed on November 22, 2013 to Emilio Portillo, 257 Main Street, Mill Hall, PA 17751. 06/13/2014 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, June 13, 2014 RONR ANDERSON, SHERIFF (c) CountySuie Sheriff, Teleosoff. Inc.