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HomeMy WebLinkAbout13-5477 Supreme Court o Pennsylvania COur 64 <COlhmoll lea For Prothonotary Use Only: C�vItl;Cover Sheet : w Docket No: a l County The inlimnation collected on this firm is used solely cow-t administration purposes. This lorni does not supplement or replace the, filing and service ol'pleadinrs or other- papers as required hh late or rules of court. Commencement of Action: S ■ Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: REMIT CORPORATION, ASSIGNEE OF UNIFUND CCR, LLC ANA OCHOA T Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes (] No check one • ( ) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes [■' No Is this an MDJAppeal? 0 Yes H No A Name of Plaintiff /Appellant's Attorney: RAYMOND W. KESSLER, ESQUIRE 0 Check here: if you have no attorney (are a Self - Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRI.VAR.Y CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not i» chide Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 .Buyer.Plaintiff Administrative Agencies E_ i Malicious Prosecution Debt Collection: Credit Card Board of Assessment Motor Vehicle Debt Collection: Other 0 Board of Elections 0 Nuisance _ 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: E mass tort) 0 Slander/Libel/ Defamation Discrimination 0 C 0 Other: Employment Dispute: Other 0 Zoning Board T 0 Other: 7 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: El Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 :Declaratory Judgment 0 Ground pent E] Mandamus 0 Landlord /Tenant Dispute 0 Non- Domestic :Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL L,IA.BLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, m r � Fri rn Plaintiff x te -" cA `D c� VS. CIVIL -LAW - E_ CD ANA OCHOA, : DOCKET NO. 3- S7 7� �v�ry. ° `' Defendant co =? NOTICE TO DEFENDANT TO THE DEFENDANT: 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, 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. Pennsylvania Lawyer Referral Service Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, PA 17013 800 -692 -7375 717 -249 -3166 717 - 238 -6807 RAYM6FD W. KESSLER, ESQUIRE (��) x1a\GS: a * i 3a I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL -LAW ANA OCHOA, DOCKET NO. Defendant COMPLAINT + The Plaintiff, Remit Corporation, by and through its attorney Raymond W. Kessler, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, The Remit Corporation is a Pennsylvania Corporation doing business at 36 West Main Street, P.O. Box 7, Bloomsburg, Columbia County, Pennsylvania 17815 and is the assignee of Unifund CCR, LLC. A Copy of the document assigning all relevant rights with reference to the present action to the Remit Corporation are attached hereto, incorporated herein and referred to hereafter as Exhibit A. 2. The Defendant, Ana Ochoa, is an adult individual residing at 1109 Apple Drive Apt. 7, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant obtained a Citibank MasterCard credit card on or about May 8, 2008, from Citibank (South Dakota) National Association, (hereinafter "original creditor "), Account number 5424 1808 0828 3136. 4. Unifund CCR, LLC has been assigned the account of the Defendant by Distressed Asset Portfolio II, LLC. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit B. 5. Distressed Asset Portfolio II, LLC purchased the account of the Defendant from Pilot Receivables Management, LLC. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit C. 6. Pilot Receivables Management, LLC purchased the account of the Defendant from Citibank (South Dakota) National Assocation. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit D. 7. Defendant used the extended credit leaving an unpaid balance of $999.34 with interest continuing to accrue at 6.00% per annum. 8. Defendant defaulted on the payments due. 9. A last payment was made on this account on or about November 5, 2009. 10. The balance on the charge -off is $999.34 and post - charge off interest has accrued in the amount of $189.73 to date for a total remaining balance due of $1,189.07. 11. In consideration of the extension of credit provided by original creditor through a credit card, Defendant agreed to pay for all charges for purchases, balance transfers, cash advances, fees and interest on his/her account. 12. Defendant accepted the extension of credit and utilized the credit card without complaint, objection or dispute as to credit services provided, the prices charged for the same or the costs incurred. 13. It is averred that an implied contract exists based upon Defendant's use of the credit card and his/her payments made on the account to the original creditor. 14. Defendant's failure to pay is a breach of the implied contract between the Defendant and original creditor. 15. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to Defendant and that the original creditor expected to be paid for the Defendant's use of this credit. 16. Defendant used the credit card to purchase items, and /or transfer balances, and /or obtain cash advances and he /she received the same to Defendant's benefit. 17. The total reasonable value of the Defendant's use of the credit extended by original creditor is $1,189.07. 18. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit card use and the same is now due and owing. 19. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 20. By virtue of Plaintiff's assignment of this account, Defendant is indebted to the Plaintiff in the amount of $1,189.07. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,189.07, together with interest, costs, and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Raym d W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570 -387 -1873 Fax: 570- 387 -6474 ASSIGNMENT OF CLAIM PURSUANT TO PENNSYLVANIA ACT 219 OF 1990 For value received, the undersigned: Unifund CCR, LLC assigns to: The Remit Corporation doing business at: 36 W Main Street PO Box 7 Bloomsburg, PA 17815 a debt due to the undersigned from: Ana Ochoa # 823477 5424180808283136 for the sum of $1,189.07 arising from unpaid credit card services with interest accruing at 6.00% per annum. The said sum is justly due to the undersigned without offset or defense. The undersigned neither transfers to The Remit Corporation, nor expects The Remit Corporation to assume, any obligation or any liability of the assignor to the said debt. The undersigned has done nothing and will do nothing to discharge the debt or hinder its collection and hereby grants to The Remit Corporation the full power and authority, to bill and collect the aforesaid claim, in accordance with Pennsylvania Act 219 of 1990, Section 2, as it amends Title 18 regarding Section 7311, including to sue for, (in its own name, through a licensed attorney) and discharge the assigned debt. The Remit Corporation specifically agrees to comply with the Pennsylvania Act of December 17, 1968, P.L. 1224, No. 387 (known as the Unfair Trade Practices and Consumer Protection Law), and with the regulations promulgated under that Act pursuant to this assignment. Dated this 1 day of �yQ , 2013. Chris Blanton Unifund CCR, LLC EXHIBIT ASSIGNMENT THIS ASSIGNMENT is effective as of July 1, 2013 between DISTRESSED ASSET PORTFOLIO II, LLC an Ohio limited. liability company ( "Assignor ") and UNIFUND CCR, LLC, an Ohio limited liability company ("Assignee "). Unless otherwise defined herein, terms used herein shall have the meanings specified in the Servicing Agreement between Assignor and Assignee (the "Agreement "). Assignor, for value received and in connection with the Agreement, transfers and assigns to Assignee all of Assignor's rights in the Receivables, for collection purposes only, including conducting litigation in Assignee's name, for those Receivables which .Assignor owns or may acquire from time to time. Assignor sball retain title and ownership of such Receivables. The assignment is without recourse to Assignor and without warranty of any kind (including, without limitation, warranties pertaining to title, validity, collectability, accuracy or sufficiency of information, and applicability of any statute of limitations), except as stated in the Agreement or herein. DISTRESSED ASSET PORTFOLIO II, LLC By:l Morg 0:deniof h Vice P ration. LJNIFUND CCR, LLC V By: t mn Hopkins Manager of Legal Operations EXHIBIT a BILL OF SALE THIS BILL OF SALE is effective as of March 25, 2013 between PILOT RECEIVABLES MANAGEMENT, LLC, an Ohio limited liability company ( "Assignor "), and DISTRESSED ASSET PORTFOLIO Il, LLC, an Ohio limited liability company ( " Assignee "). Assignor, for value received and transfers, sells, conveys, grants, and delivers to Assignee free, clear and unencumbered title to the Accounts described on attachment A attached. hereto and all of Assignor's rights thereto effective as of March 25, 2013. The sale is without recourse to Assignor and without warranty of any kind (including, without limitation, warranties pertaining to title, validity, colleetability, accuracy or sufficiency of information, and applicability of any statute of limitations), except as stated herein. ,[PILOT RECEIVABLES MANAGEMENT, LLCJ B Y Name: Mor ant,S1 th Title: Vice President CITJ31.5_CIT132J_CIT1327 EXHIBIT • Contract ID: UNIMUMXBO32513 Document ID: 032013UNIMUIXBBI Document ID: 032013UMMUMBI Document ID: 032013UN1MU4XBB1 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated March 25, 2013, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank ") to Pilot Receivables Management, LLC, organized under the laws of the Ohio, with its headquarters /principal place of business at 10625 Techwoods Circle, Cincinnati, OH 45242 ( "Buyer "). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated March 25, 2013, between Buyer and the Bank (the "Agreement "), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file. Citibank, N.A. By: (Signature) Name: Patricia Hall Title: Financial Account Manager Pilot 032513 EXHIBIT VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of his/her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. Dwayne Heisler Vice- President, Remit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL -LAW ANA OCHOA, DOCKET NO. Defendant AFFIDAVIT OF NON - MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, and has not been in such service within thirty days hereof. Dated this I& day of 2013 Raymond W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570- 387 -6474 Department of Defense Manpower Data Center Results as of: Sep ,020,3,0:37:06 SCf2A 3.0 ,1 status Report Pursuant to Serviocmembes Civil, Relief Act Last Name: OCHOA First Name: ANA Middle Name: Active Duty Status As Of: Sep -10 -2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Noted of a Future Cell -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or His/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status.of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. ohk Y .i, Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 445FYCB7VOFAJEO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, : Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL -LAW ANA OCHOA, DOCKET NO. Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Ana Ochoa 1109 Apple Drive Apt. 7 Mechanicsburg, PA 17055 Respectfully submitted, Raymo d W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570- 387 -6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION,, Assignee of Unifund CCR, LLC, Wiz°,"' Plaintiff ca-1 1 VS. CIVIL -LAW ® rrt n ? ANA OCHOA, DOCKET NO. Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, RAYM D W. KESSLER, ESQUIRE Attorney ID 309802 36 W Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570 -387 -6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart "� it®•1 f L` nt t� SOIICItOf , [_ Remit Corporation Assignee of Unifund CCR LLC Case Number vs. 2013-5477 Ana Ochoa SHERIFF'S RETURN OF SERVICE 09/23/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Ana Ochoa, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 1109 Apple Drive,Apt. 7, Mechanicsburg Borough, Mechanicsburg, PA 17055. Deputies were advised by neighbors that the defendant moved out a few weeks ago and to this date the Mechanicsburg Postmaster has not provided a good forwarding address. SHERIFF COST: $44.30 SO ANSWERS, October 24, 2013 RbNW R ANDERSON, SHERIFF ;ow-tySulto Shenff.Te eoseftt .,,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW ANA OCHOA, DOCKET NO. 13-5477-CIVIL Defendant *. Mw in` PRAECIPE TO REINSTATE COMPLAINT sQ c t TO THE PROTHONOTARY: w Please reinstate the Civil Complaint filed in the above matter. Respectfully Submitted, RAYM D W. KESSLER, ESQUIRE Attorney ID 309802 36 W Main Street PO Box 7 Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 S a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; = : Sheriff H _ P offlo 1:,,;' Jody S Smith 2014 MAR -7 MI 10: 2 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor ' ` PENNSYLVANIA Remit Corporation Assignee of Unifund CCR LLC Case Number vs. 2013-5477 Ana Ochoa SHERIFF'S RETURN OF SERVICE 02/26/2014 03:01 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Glen Hoch, Fiance,who accepted as"Adult Person in Charge"for Ana Ochoa at 604 Grantham Road, Upper Allen Township, Mechanicsburg, PA 17055. aloy) . VAIL DAWN KELL, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, February 28, 2014 RONNY R ANDERSON, SHERIFF :.our ..a■f c.-;s:)" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL -LAW ANA OCHOA, : DOCKET NO. 13 -5477 -CIVIL Defendant PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES FAILURE TO FILE ANSWER TO THE PROTHONOTARY: Kindly enter judgment against Defendant in the above captioned matter as follows: Real debt $ 1,189.07 Court Costs $ 210.40 Default Judgment $ 16.50 Interest from Sept. 18, 2013 $ 39.48 Total: $ 1,455.45 Kindly assess damages against Defendant in the sum of $1,455.45 plus continuing interest at the statutory rate of 6 %. BY: Ray and W. Kessler, Esquire '`,} Cl��a3ag 12-it 2%d--ICO-1 NO-6 tled IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL -LAW ANA OCHOA, : DOCKET NO. 13- 5477 -CIVIL Defendant CERTIFICATION OF TEN (10) DAY NOTICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: I, RAYMOND W. KESSLER, ESQUIRE, hereby swear and certify that a copy of the Ten (10) Day Notice was served on Defendant by regular mail on March 27, 2014. BY: Ray I' d W. Kessler, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL -LAW ANA OCHOA, : DOCKET NO. 13 -5477 -CIVIL Defendant TO: Ana Ochoa 604 Grantham Road Mechanicsburg, PA 17055 DATE OF NOTICE: March 27, 2014 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. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800 - 692 -7375 717 - 238 -6807 Raymo d W. Kessler, Esquire 570 -387 -1873 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717- 249 -3166 Mailed to: Ana Ochoa 604 Grantham Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. : CIVIL-LAW ANA OCHOA, : DOCKET NO. 13-5477-CIVIL Defendant TO: Ana Ochoa 604 Grantham Road Mechanicsburg, PA 17055 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. X Judgment by Default Money Judgment Judgment in Replevin Judgment of Possession Judgment on Award on Arbitration Judgment on Verdict Judgment on Court findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: RAYMOND W. KESSLER, ESQUIRE AT THIS TELEPHONE NUMBER: 570-387-1873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL-LAW ANA OCHOA, : DOCKET NO. 13-5477-CIVIL Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, and has not been in such service within thirty days hereof. Dated /14 day of , 2014 Raymonl W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 • Department of Defense Manpower Data Center Results as of : Apr -09 -2014 07:38:56 AM SCRA 3.0 Status .Report Pursuant to Servicemembers Civil Relief Act. Last Name: OCHOA First Name: ANA Middle Name: Active Duty Status As Of: Apr -09 -2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No - NA This response reflects the Individuals' active duty status based on the Active Dirty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA _ - No NA This re pone reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification-to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is Important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: C85BNC6DH0426E0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. ANA OCHOA, : CIVIL-LAW : DOCKET NO. 13-5477-CIVIL Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Ana Ochoa 604 Grantham Road Mechanicsburg, PA 17055 Respectfully submitted, Raymo d W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. ANA OCHOA, : CIVIL-LAW : DOCKET NO. 13-5477-CIVIL Defendant NOTICE OF ENTRY OF JUDGMENT ) Notice is hereby given that a \1/4)4\srhellk in the above-captioned matter has been entered against you in the amount of $1,455.45 on ct , 20 . ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. -1)rotholOSry Civil Div. By: If you have any questions regarding this Notice, please contact the filing party: NAME: Raymond W. Kessler, Esquire ADDRESS: 36 West Main Street Bloomsburg, PA 17815 TELEPHONE NO: 570-387-1873 (This Notice Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: NAME: Ana Ochoa 604 Grantham Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 'r COMMONWEALTH OF PENNSYLVANIA2Q// 4jf /'°N07-4/, PE /NS Y eo CO� LV��AI* TY If• . REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. ANA OCHOA, vs. : CIVIL -LAW Q.,0„AmIlm%. : DOCKET NO. 13-5477- CIVIL Defendant VV�.t U �f01 0065. SOVEREIGN BANK, �(o k ,]Garnishee ( � tt-ste. 00+3 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania (2) against Ana Ochoa, defendant; and (3) Against Sovereign Bank, Garnishee; (4) and index this Writ in the judgment index and (a) against Ana Ochoa, defendant(s), and (b) against Sovereign Bank, as garnishee, as a lis pendens against real property of the defendant in name of garnishee(s) as follows: N/A (3) Amount Due: Interest from 04/15/2014 Credits Other Costs to be added: Clerks Fee: Sheriff: Total: (-04.36 Mr. 66. coo 103.75" 1f 7511 I�. .50" 55,4fp fa CA u G/ $ 1,455.45 $ 16.51 $ 0.00 $ 0.00 $ 29.00 $ 150.00 $ 1,650 96 it day of Prvi • , 2014 Angela L. Mattis, PA ID #309229 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: (570) 387-6474 &?c. �55vEt� THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net REMIT CORPORATION, ASSIGNEE OF UNIFUND CCR, LLC Vs. NO 13-5477 Civil Term CIVIL ACTION — LAW ANA OCHOA WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ANA OCHOA, 604 GRANTHAM ROAD, MECHANICSBURG, PA 17055 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 SOVEREIGN BANKGARNISHEE(S), as garnishee, 269 PENROSE PLACE, CARLISLE, PA 17013 (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. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 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 $1,455.45 Interest FROM 4/15/2014 - $16.51 Attorney's Comm. % Attorney Paid $255.90 Date: 8/6/14 (Scall REQUESTING PARTY: .Name : ANGELA L. MATTIS, ESQUIRE Address: 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Attorney for: PLAINTIFF Telephone: 570-387-1873 Supreme Court ID No. 309229 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson %LLO_G"1.- ., Sheriff "' 1 HC PRJ MONO T,; S, a� � ty t; Jody S Smith 2014 AUG .I 4 pm 3: 07 CUMBERLAND COUNTY PE-NNSYLVANIA Chief Deputy Richard W Stewart Solicitor OFFCEOF #Y;: $,f..EMPF Remit Corporation Assignee of Unifund CCR LLC vs. Ana Ochoa Case Number 2013-5477 SHERIFF'S RETURN OF SERVICE 08/13/2014 01:11 PM - 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, Santander Bank, formerly known as Sovereign Bank, 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Julie Myers, 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 August 14, 2014 to Ana Ochoa at 604 Grantham Road, Mechanicsburg, PA 17055. August 14, 2014 CountySuite Sheriff Teleosoff. Inc. WILLIX(M CLINE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL -LAW ANA OCHOA, : DOCKET NO. 13-5477- CIVIL. Defendant vs. SOVEREIGN BANK, Garnishee 11-1SieW.A.c. 0 INTERROGATORIES TO GARNISHEE TO: Sovereign Bank 269 Penrose Place Carlisle, PA 17013 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. If you need additional information such as a social security number, contact the attorney listed at the end of this document. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument; or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? NO 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? YES 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? NO 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NO 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration thereof? NO 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? NO 7. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant 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 amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO 8. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant 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 monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. NO 9. If your answer to any of the above is in the affirmative, state the amount on deposit or owed or describe the property in detail and provide any other particulars of the transaction as may be relevant to this attachment. SEE ATTACHED LEAD SPECIALIST Title Int e ogatories submitted to garnishee by: i1 Angela L. Mattis, PA ID #309229 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 JOHN S. GOMES Name (print) ANSWERS TO INTERROGATORIES Account # 1121086497 Balance: $1,082.29 After allowing for the $300.00 exemption_und.er._42.Pa.C.S..8123 the baJae inn this__..,._.._ account is $782.29. Account Holder: ANA MARIA OCHOA 1310 MARSHALL ST LAKEWOOD, NJ 08701 VERIFICATION I, John S. Gomes, C.O.P. Lead Specialist of Santander, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Santander B //1\411' John S. Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: - - REMIT CORPORATION, ASSIGNEE -OF UNIFUND CCR,LLC vs. ANA MARIA OCHOA CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: ANGELA L. MATTIS, PA 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Service by certified mail addressed as follows: ANA MARIA OCHOA 1310 MARSHALL ST LAKEWOOD, NJ 08701 4,11 hn S. Gomes .O.P. Lead Specialist Santander MAI MB3-02-10 2 Morrisey Boulevard Boston, MA 02125 August 27, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. ANA OCHOA, vs. Defendant SOVEREIGN BANK, Garnishee : CIVIL -LAW : DOCKET NO. 13-5477- CIVIL -o rnrT < > c-) CD PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: (") -Ty CJ1 Enter judgment in favor of Plaintiff and against the above named garnishee, in the sum of $782.29 said sum being admitted in its Answers to Interrogatories as being owing to the Plaintiff and which is not greater than the sum due from Defendant to Plaintiff. I certify that the precise address(es) of Plaintiff, Defendant(s) and Garnishee are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Ana Ochoa 604 Grantham Road Mechanicsburg, PA 17055 416.50 Pb Piir acpqi Rit 311103 Nit:lice mailed Garnishee: Sovereign Bank 269 Penrose Place Carlisle, PA 17013 Respectfully Submitted by: Angela L. Mattis, PA ID #309229 Attorney for the Plaintiff 36 West Main Street Bloomsburg, PA 17815 Te1.570-387-1873 Fax 570-387-6474 JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOVE; NO T,> E GIVEN PRUSUANT TO '_' .C.P. 236 Prothonotary Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square; RM 100 Carlisle, PA 17013-3394 ered trademarks of Banco Santander, S.A. or its affiliates or subsidiaries in the United States and other countries. A z Very truly yours,' s � 1 1 1 John S. Gomes C.O.P. Lead Specialist s Court Order Processing Phone: 617-514-5189 € Fax: 617-287-0828 U z 3(11 Santander" Court Order Processing - MA1-MB3-02-10 - P. O. Box 841005 - Boston, MA 02284 August. 27, 2014 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Prothonotary's Office 1 Courthouse Square Carlise, PA 17013 RE: REMIT CORPORATION, ASSIGNEE OF UNIFUND CCR,LLC vs. ANA MARIA OCHOA No.: 13-5477 Dear Sir/Madam: Enclosed are Santander's Answers to Interrogatories in Attachment and an original and one copy of a Certificate of Service. Please file the originals in your office and return the Time -stamped copy of the Certificate of Service in the enclosed return envelope. By copy of this letter we are serving those parties listed on the Certificate of Service with a set of Answers. We are also serving the Defendant with a copy of the Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order, and Claim for Exemption. Enclosures pc: ANGELA L. MATTIS, PA (w/enclosures) ANA MARIA OCHOA (w/enclosures, certified mail). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL -LAW ANA OCHOA, : DOCKET NO. 13-5477- CIVIL Defendant vs. SOVEREIGN BANK, Garnishee INTERROGATORIES TO GARNISHEE TO: Sovereign Bank 269 Penrose Place Carlisle, PA 17013 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. If you need additional information such as a social security number, contact the attorney listed at the end of this document. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument; or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? NO 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? YES 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? NO 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NO 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration thereof? NO 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? NO 7. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant 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 amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO 8. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant 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 monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. NO 9. If your answer to any of the above is in the affirmative, state the arnount on deposit or owed or describe the property in detail and provide any other particulars of the transaction as may be relevant to this attachment. SEE ATTACHED • ). •:'1., MPLETED BY: gnature LEAD SPECIALIST Title e oga ories submitted to garnishee by: Angela L. Mattis, PA ID #309229 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 JOHN S. GOMIS Name (print) ANSWERS TO INTERROGATORIES Account # 1121086497 Balance: $1,082.29 .After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance account is $782.29. Account Holder: ANA MARIA OCHOA 1310 MARSHALL ST LAKEWOOD, NJ 08701 VERIFICATION I, John S. Gomes, C.O.P. Lead Specialist of Santander, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Santander C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: =REMIT CORPORATION; ASSIG-NEE-OP UNIFUND•'CCR;LLC : - vs. ANA MARIA OCHOA CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: ANGELA L. MATTIS, PA 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Service by certified mail addressed as follows: ANA MARIA OCHOA 1310 MARSHALL ST LAKEWOOD, NJ 08701 hn S. Gomes .O.P. Lead Specialist Santander MA1 MB3-02-10 2 Morrisey Boulevard Boston, MA 02125 August 27, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. ANA OCHOA, vs. Defendant SOVEREIGN BANK, Garnishee : CIVIL -LAW : DOCKET NO. 13-5477- CIVIL PRAECIPE TO SATISFY JUDGMENT AGAINST GARNISHEE To the Prothonotary: Please mark the judgment against the GARNISHEE, in the above referenced action SATISFIED. Respectfully Submitted, Angela L. Mattis, PA ID #309229 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 0,*A q .S6 OsawL4 a- 2(,sa3 4A. al°gI Santander $-,05y')(1--(kr PYNaGpc- �vriscl JVG Court Order Processing - MA1-MB3-02-10 - P. O. Box 841005 - Boston, MA 02284 September 17, 2014 ANGELA L. MATTIS, PA 36 WEST MAIN STREET BLOOMSBURG, PA 17815 RE -:-1 ANA MARIA OCHOA Amount Remarks September 17, 2014 OFFICIAL CHECK NO: 7911088 PAYABLE TO: ANGELA L. MATTIS, PA Date of Item Amount Remarks September 17, 2014 $782.29 13-5477 John S. Gomes C.O.P. Lead Specialist 617-514-5189 617-287-0828 • Enclosure