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HomeMy WebLinkAbout13-3578 tls 3S)p aa COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -04 LVNV Funding LLC MDJ Name: Honorable Paula P. Correal V Address: 5275 East Trindle Road Tina Avara Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 David J. Apothaker, Esq.. Docket No: MJ- 09304 -CV- 0000445 -2012 Apothaker & Associates PC - Case Filed: 12/19/2012 520 Fellowship Rd # C ��� ^6 Mt Laurel, NJ 08054 r< Disposition Summary Docket No Plaintiff Defendant Disposition i 'position Date MJ- 09304 -CV- 0000445 -2012 LVNV Funding LLC Tina Avara Judgment for Plaintiff 02/14/2013 Judgment Summary Participant Joint /Several Liability Individual Liability Amount LVNV Funding LLC $0.00 $0.00 $0.00 Tina Avara $0.00 $988.07 $988.07 Judgment Detail ( *Post Judgment) In the matter of LVNV Funding LLC vs. Tina Avara on 2/14/2013 the judgment was awarded as follows: Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $894.57 $894.57 Filing Fees $0.00 $87.50 $87.50 Costs $0.00 $6.00 $6.00 Grand Total: $988.07 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. - - -- -- EXCEPT AS OTHER' WISE PROVIDED IN THE RUES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT jUDGES', IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. n+.0 Date Magisteria'i District Judge certify that this is a true and correct copy of the record of the proceedings cont e " e Date Lug isteria istr' t Jud MDJS 315 Page 1 of 2 Printed: 02/20/2013 2:09:16PM LVNV Funding LLC Docket No.: MJ- 09304 -CV- 0000445 -2012 ► �' ♦ y Tina Avara Jj 1 ' Participant List Private(s) - C -- ) David J. Apothaker, Esq. _- w Apothaker & Associates PC r n ;=: 520 Fellowship Rd # C306 Z Mt Laurel, NJ 08054 Plaintiff(s) o - r - LVNV Funding LLC W C{r 15 South Main St. Suite 700 Greenville, SC 29601, Defendant(s) _ Tina Avara 6316 Stephens Crossing III n Mechanicsburg, PA 17050 ^ I Tina Avara / ' ., JI 6316 Stephens Xing Mechanicsburg, PA 17050 -2338 6 u 1 v •�� 4 ' . / J MDJS 315 Page 2 of 2 Printed: 02/20/2013 2:09:16PM Our File No.: 347574 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: TINA AVARA 6316 STEPHENS XING MECHANICSBURG, PA 17050 -2338 LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: �5� �II� TINA AVARA ) 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 RkEAS AL . ATTORNEY David J. Apothaker, Esquire at this telephone number: 800 72 -02 w `` i � Our File No.. 347574 r = E;:- j; =;;'; 1111E PROTHONOTAIRi LVNV FUNDING, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff 201t! FEB 24 PM 3: 59 CUMBERLAND COUNTY, CUMBERLANID COUNT Y PENNSYLVANIA vs. PENNSYLVANIA TINA AVARA NO.: 13-3578 CIVIL Defendant(s) 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 TINA AVARA, defendant(s); and (3) against PNC BANK 105 NOBLE BOULEVARD CARLISLE, PA 17013 and M&T BANK 100 SOUTH SPRING GARDEN STREET CARLISLE,PA 17013, Garnishee(s); (4) and index this writ in the judgment index (a) against TINA AVARA, defendant(s), and (b) against PNC BANK 105 NOBLE BOULEVARD CARLISLE, PA 17013 and M &T BANK 100 SOUTH SPRING GARDEN STREET CARLISLE, PA 17013, as Gamishee(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 $988.07 Interest from February 14, 2013 $55.22 Minus Payments made -$ Plus Costs $260.25 Total $1303.54 o a, David J. Apo er, Esquire t a ttorney for Plalintiff(s) T S'5 CL 2 30 ao Lt e WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-3578 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING,L.LC Plaintiff(s) From TINA AVARA,6316 STEPHENS XING,MECHANICSBURG,PA 17050 (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: PNC BANK, 105 NOBLE BLVD,CARLISLE,PA 17013 M&T BANK, 100 SOUTH SPRING GARDEN STREET,CARLISLE,PA 17013-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 gamishee(s)that: (a)an attachment has been issued; (b)the gamishee(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$988.07 Plaintiff Paid$ Interest FROM FEBRUARY 14,2013-$55.22 Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$ Date: 2/24/14 David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name : DAVID J. APOTHAKER,ESQUIRE Address: APOTHAKER& ASSOCIATES,P.C. 520 FELLOWSHIP RD C306 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 ,, Sheriff ' : `7 et Cumber, e' Chief Deputy . ,J tt f ' - r; j r Richard W Stewart Solicitor . � k 'E �YA1q ' LVNV Funding LLC vs. Case Number Tina L.Avara 2013-3578 SHERIFF'S RETURN OF SERVICE 03/03/2014 09:55 AM - Ryan Burgett, 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 Beth Ann Eppley, 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. RYAN BURG , DE'1!' SO ANSWERS, March 04, 2014 RONNY R ANDERSON, SHERIFF - �s�� a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �tit�,of Cuarziurr/r.t Jody S Smith Chief Deputy Richard W Stewart Solicitor LVNV Funding LLC vs. Case Number Tina L. Avara 2013-3578 SHERIFF'S RETURN OF SERVICE 03/03/2014 10:10 AM - Ryan Burgett, 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, 100 South Spring Garden Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Diana Fraker, customer service, 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 March 4, 2014 to Tina Avara at 6316 Stephens Xing, Mechanicsburg, PA 17050-2338. RYAN BURGETT, DEP SO ANSWERS, March 04, 2014 RONNY R ANDERSON, SHERIFF Our File No.: 347574 LVNV FUNDING, LLC Plaintiff vs. TINA AVARA 6316 STEPHENS XING MECHANICSBURG, PA 17050-2338 XXX-XX-6725 PNC BANK and M & T BANK Defendant Garnishee TO: M & T BANK, Garnishee: ) ) ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 13-3578 CIVIL (7) ) ) Civil Action CP ) ) r- ) cp ) `..P• ) ) omsky rS /1) INTERROGATORIES TO GARNISHEE M & T BANK HAS NO OPEN ACOOUNTS FOR ABOVE NAMED •-•71. CD CD 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. 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? 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)? 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? 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 cljnsideration 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\-.) 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. 00 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: fb SANK HAS NO OPEN Aer*UNTS FOR ABM' David J. yothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff Melissa M Peters M&T Bank MAR 06 2014 Our File No.: 347574 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 LVNV FUNDING, LLC VS. TINA AVARA M&T BANK Plaintiff Defendant Garnishee iTh Pf.WTHCNOTAR'i' 2014 MAR 2 I PH 2: 36 CUMBERLAND COUNTY PENNSYLVA-NIA- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 13-3578 CIVIL Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, NK, dissolved. David J. Attorney o thaker, Esquire or Plaintiff 01,4 9, SO Cb# /61/vc so3e:2R? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC CIVIL ACTION CASE NO.: 13-3578 Plaintiff, vs. TINA AVARA Defendant, PNC BANK, ANSWERS TO INTERROGATORIES IN ATTACHMENT and Filed on behalf of PNC Bank, National Garnishee Association A• "\? Joel B. Gold, Esquire Sr. Counsel for PNC Bank, National Association Pa. I.D. #42090 PNC Bank, National Association Finn #862 One PNC Pla7a, 2014 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 Plaintiff; vs. TINA AVARA Defendant, PNC BANK, and ishee CIVIL ACTION CASE NO.: 13 -3578 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: The Bank has one account titled in the name of the judgment defendant. After allowance of a portion of the judgment defendant's cash exemption of $300.00 there is an account balance of $0.00. 2. No. 3. No. 4. . No. 5. See no. 1. 6, No, see no. 1. 7. No. 8. No. 9. See no. I. 10. N/A WHEREFORE, PNC Bank, NA. does not admit owing a debt to judgment defendant and does not admit holding tangible personal property of the judgment defendant. Respectfully submitted, PNC BANK, NATIONAL ASSOCIATION Lit/garnishee answers/Avara, Tina 3132014 VERIFICATION The hdersigned hereby verifies that I 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 Tina Avara DOCKET NO 13 -3578 L (I ',I-JO (.,14-1. Theresa A Dusch Team Lead, Garnishment Processing Position DATE: March 26, 2014 Lit- 233946.1 CERTIFICATE OF SERVICE PNC BANK, Garnishee, certifies that on March 27, 2014, 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 or counsel representing the plaintiff; and to the defendant(s). Date: 3/27/14 Kristen Kinander Paralegal Our File No.: 347574 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 LVNV FUNDING, LLC VS. TINA AVARA PNC BANK Plaintiff Defendant Garnishee F?LEO:UFFIC,'" THE PRO1HONOLtAl 2014APR213 PM 1:53 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 13-3578 CIVIL Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, PNC K, dissolved. David J. Apo aker, Esquire Attorney for Plaintiff 9.So 4/02g 4.2) ppo 5-D 70 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson HUfF}L� Sheriff OF THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor Cutib'�„ „.� ZMAOCT AM 11: 14 CUMBERLAND TYOFF CE OF THE $14ERIFF PENNSYLVANIA . L,..,,, LVNV Funding LLC vs. Tina LMorelli Amm Case Number 2013-3578 SHERIFF'S RETURN OF SERVICE 03/03/2014 09:55 AM - Ryan Burgett, 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 Beth Ann Eppley, 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. 03/03/2014 10:10 AM - Ryan Burgett, 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, 100 South Spring Garden Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Diana Fraker, customer service, 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 wrof execution and notice to defendant was mailed on March 4, 2014 to Tina Avara at 6316 Stephens Xing, Mechanicsburg, PA 17050-2338. 10/07/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writof execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $145.65 SO ANSWERS, October 07, 2014 RONNYRANDERSON, SHERIFF (c) CountySuite Sheriff, Telt:ascii, Inc.