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Home My WebLink About14-3491 l II Our File No.: 363586 APOTHAKER& ASSOCIATES, P.C. BY: David J. Apothaker, Esquires Attorney I.D.# 38423 ^ 520 Fellowship Road C306OERLANO�a��,��$�� 'Q��.��-,,,. Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff i COURT OF COMMON PLEAS LVNV FUNDING,'LLC ) CUMBERLAND COUNTY Plaintiff, ) - vs. ) cl 1 l0l NO. 1 CAROL A CHIOLO ) ) Defendant ) i ) PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND CO Kindly enter Judgment against CAROL A CHIOLO, De ndant(s in the amount of$3626.15. i David J. othaker, Esquire Attorney 'r Plaintiff Dated: 4/3/2014 I c ta) l l 3�-7/'7 N COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-01 LVNV Funding LLC MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road, Suite 3 Carol A Chiolo Carlisle, PA 17013 Telephone: 717-218-5250 DAVID J. APOTHAKER, Esq. Docket No: MJ-09201-CV-0000089-2013 Apothaker&Associates PC Case Filed: 9/16/2013 520 Fellowship Road, Suite C306 Mount Laurel, NJ 08054 F-7 10 KI Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09201-CV-0000089-2013 LVNV Funding LLC Carol A Chiolo Default Judgment for Plaintiff 10/29/2013 Judgment Summary - # Participant Joint/Several Liability Individual Liability Amount Carol A Chiolo $0.00 $3,626.15 $3,626.15 LVNV Funding LLC $0.00 $0.00 $0.00 Judgment Finding ("Postjudgment) In the matter of LVNV Funding LLC vs. Carol A Chiolo on MJ-09201-CV-0000089-2013, on 10/29/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,509.65 $3,509.65 Filing Fees $0.00 $116.50 $116.50 Grand Total: $3,626.15 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 OTHERWISE PROVIDED IN THE RULES 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,SETTLF OR OTHERWISE COMPLIES WITH THE JUDGMENT. Pylth i;Af'b 1 Date Magisterial District Judge Paul M Fegley certify that this is a true and correct copy of the record of the procee m containing the judgment. Date Magisterial Dist Nct Judge MDJS 315 Page 1 of 2 Printed:02/05/2014 12:17:16PM LVNV Funding LLC Docket No.: MJ-09201-CV-0000089-2013 V. Caroi A Chiolo Participant List Plaintiff(s) LVNV Funding LLC 55 Beattie Place Suite 110 Greenville, SC 29601 Defendant(s) Carol A Chiolo .c 63 Cherry Ln ' CD Carlisle, PA 17015 Complainant's Attorney(s) DAVID J.APOTHAKER, Esq. Apothaker&Associates PC 520 Fellowship Road, Suite C306 Mount Laurel, NJ 08054 i MDJS 315 Page 2 of 2 Printed:02/05/2014 12:17:16PM i Our File No.: 363586 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: CAROL A CHIOLO 63 CHERRY IN CARLISLE, PA 17015-7805 LVNV FUNDING, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. NO CAROL A CHIOLO ) Defendant ) ' NOTICE i 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 I JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL i IF YOU HAVE ANY'QUESTIONS CONCERNING THIS NOTICE, PLEASE-CALL: ATTORNEY David J! Apothaker, Esquire at this telephone number: 800-672-0215 i Our File No.: 363586 LVNV FUNDING, LLC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. nn'',^� CAROL A CHIOLO tj l..1l1Y1L°A.12-NO.: 14-3491 CIVIL Defendant(s) W((��,,,, �f 3 .-1 �5' t 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 CAROL A CHIOLO, defendant(s); and (3) against PNC BANK 333 W SOUTH ST CARLISLE, PA 17013, Gamishee(s); (4) and index this writ in the judgment index (a) against CAROL A CHIOLO, defendant(s), and rT; —73 (b) against PNC BANK 333 W SOUTH ST CARLISLE, PA 17013, as Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of Garnishee(s) as follows: Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage firm accounts, stocks, cd's, insurance, safety deposit boxes, etc. (5) Amount Due Interest from October 29, 2013 Minus Payments made Plus Costs Total tag. 0° 31.Q a [(IT as"boka a). 6 US). C��# lla3(o/ � 44_ 311 6\1 $3626.15 $158.55 -$ $210.25 $3994.95 David J. Apothaker, Esquire Attorney for Plaintiff(s) L'id 66 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net LVNV FUNDING, LLC Vs. NO 14-3491 Civil Term CIVIL ACTION — LAW CAROL A. CHIOLO WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against CAROL A. CHIOLO, 63 CHERRY LANE, CARLISLE, PA 17013 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of PNC BANKGARNISHEE(S), as garnishee, 333 W. SOUTH STREET, CARLISLE, PA 17013- ALL ASSETS AND ACCOUNTS, INCLUDING, BUT NOT LIMITED TO, BANK ACCOUNTS, BROKERAGE FROM ACCOUNTS, STOCKS, CD'S, INSURANCE, SAFETY DEPOSIT BOXES, ETC. (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 1 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 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 $3,626.15 Interest FROM OCTOBER 29, 2013 - $158.55 Attorney's Comm. % Attorney Paid $60.25 Date: 09/11/14 (Seal) REQUESTING PARTY: Name : DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER SCIAN P.C. 520 FELLOWSHIP ROAD C306 P.O. BOX 5496 MT. LAUREL, NJ 08054 Attorney for: PLAINTIFF Telephone: 856-780-1000 Supreme Court ID No. Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs $210.25 David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �w- '''�PRO-�0:��-^'�` �' .° '^/` 3q/' SEP 'V k �& �; A- _ . / ^= � / rtifIBERLAND PENNSYLVANIA COUNT LVNV Funding LLC vs. Carol Chiolo Case Number 2014-3491 SHERIFF'S RETURN OF SERVICE 09%22/2014 10:28 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres, Assistant Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The wrof execution and notice to defendant was mailed on September 23, 2114 Carol A. Chiolo at 63 Cherry Lane, Carlisle, PA 17015-7805. September 23, 2014 (C) CouritySuite Sheriff, Teieosoft, SO ANSWERS, RON NY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC CIVIL ACTION - LAW CASE NO.: 14-3491 Plaintiff, vs. CAROL A. CHIOLO Defendant, PNC BANK, ANSWERS TO IN'I'BRROGATORIES IN ATTACHMENT and Filed on behalf of PNC Bank, Natroria1 � " Association :,= CD Garnishee Joel B. Gold, Esquire Sr. Counsel for PNC Bank, National Association Pa. I.D. #42090 PNC Bank, National Association Firm #862 One PNC Plaza, 20th Floor 249 Fifth Avenue Pittsburgh, Pennsylvania 15222-2707 (412) 762-2801/6763 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC CIVIL ACTION - LAW CASE NO.: 14-3491 Plaintiff, vs. CAROL A. CHIOLO Defendant, PNC BANK, ANSWERS TO IN 1'hRROGATORIES IN ATTACHMENT and Filed on behalf of PNC Bank, National Association Garnishee ANSWERS TO INTERROGATORIES IN ATTACHMENT AND NOW, PNC Bank, N.A. the Garnishee ("Bank"), files this response and states as follows: 1. The Bank has one account titled in the name of the judgment defendant. After allowance of the judgment defendant's $300.00 cash exemption and then a portion of the Bank's $100.00 legal process service charge 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. 1. 10. N/A WHEREFORE, PNC Bank, N.A. 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/Chiolo, Carol 10092014 VERIFICATION The undersigned 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 Carol A Chiolo DOCKET NO 14-3491 DATE: October 29, 2014 Lit -233946.1 Theresa A Dusch Team Lead, Garnishment Processing Position CERTIFICATE OF SERVICE PNC BANK, Garnishee, certifies that on 0 az) Y Eo , 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: O(toWY Kristen • ander, Paralegal PNC BANK, NATIONAL ASSOCIATION