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Home My WebLink About06-3542IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. tie 3rgk ASSIGNEE OF SHERMAN AQUISITION l ASSIGNEE OF SEARS 15 SOUTH MAIN STREET GREENVILLE SC 29601 Plaintiff VS BRANDIJCOOK 3407 RITNER HWY NEWVILLE PA 17241 Defendant(s) CIVIL ACTION - LAW Filed on behalf of: Plaintiff, LVNV FUNDING, LLC _ Counsel of record for this party: Date: l? 11 S IV 10 Amy F. oy 87062 /Daniel F. Wolfson 420617 Philip C. Warholic #86341 / AndrgmLC. s 487737 David R. Galloway #8732 ' T i m r?' nie 785?? Sarah E. Ehasz 486469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter 494000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 160680528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC :No. ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff VS BRANDIJCOOK Defendant(s) :CIVIL ACTION - LAW 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 an 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 or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013- 717-249-3166 CCP Notice to Defend W&A File No. 160680528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC :No. ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff VS :CIVIL ACTION - LAW BRANDIJCOOK Defendant(s) NOTI IA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito Una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demands o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013- 717-249-3166 CCP Notice to Defend W&A File No. 160680528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASST :No. Ol. - 2S Y.2 Cw ??? ASSIGNEE OF SHERMAN AQUISITION i'CASSIGNEE OF SEARS Plaintiff VS BRANDIJCOOK Defendant(s) COMPLAINT :CIVIL ACTION - LAW AND NOW, comes the Plaintiff, by and through its attorneys and the law firm of Wolpoff& Abramson, LLP, and files this Complaint and in support avers as follows: Plaintiff is LVNV FUNDING, LLC ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS, 15 South Main Street Greenville, SC 29601. 2. Defendant, BRANDI J COOK, is an adult individual with a last known address of 3407 Ritner Hwy Newville, Cumberland County, PA 17241. It is averred that Defendant was issued an open end credit account (hereinafter "Account"). 4. At all relevant times material hereto, Defendant has been regular users of said Account for the purchase of products, goods and/or for obtaining services. 5. Defendant was provided with copies of the Statement of Accounts showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant. A true and correct copy of the Statement of Account is attached hereto, incorporated herein and marked as Exhibit "A." 6. Defendant did not object to the above-mentioned statement submitted by Plaintiff and/or its assignors to Defendant. CCP Cmplt - WOR W&A File No. 160680528 As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant and/or any authorized users is the sum of $5,547.91. 8. Interest has accrued from the charge off date at a rate of 18 %. 9. As of the date of the filing of this Complaint, the amount of interest which has accrued is the sum of $2,998.60. 10. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Wolpoff & Abramson, LLP in the collection of the amounts due from Defendant incident to the within action based upon 20% of the principal amount due and owing, and Plaintiff shall continue to incur such attorney's fees through the conclusion of the proceedings. 11. The amount of attorney's fees which has accrued is the sum of $1,109.58. 12. Despite reasonable and repeated demands for payment, Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 13. Plaintiff performed any and all conditions precedent to the bringing of this action. 14. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. CCP Cmplt - WOR W&A File No. 160680528 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant in the amount of $5,547.91, plus interest in the amount of $2,998.60, plus attorney's fees in the amount of $1,109.58, plus costs of this action and any other relief as this Court deems just and reasonable. i J Date: Respectfully Submitted, Amy V-Do?fe 487062 / Daniel F. Wolfson 420617 Philip C. Warholic #86341 / Andrew C. Spears 487737 David R. Galloway 487326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR W&A File No. 160680528 VERIFICATION The undersigned hereby states that they are the attorney for the Plaintiff who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, they are authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Pleading are true and correct to the best of their knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Amy F. Doyle 487062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears 487737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. 4201259 Bruce H. Cherkis 418837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff CCP Cmplt - WOR W&A File No. 160680528 Exhibit "A" ACCT#0363642794509 BAL 5547.91 C/O DT 04/27/03 LPYMT DT 06/10/03 NAME BRANDI J COOK ADDR 3407 RITNER HWY CITY ST ZIP NEWVILLE PA 17241 HMPH 7177765184 WKPH 7172923705 SSN XXX-XX-0325 *SFG-ACCTID*SFG-PORTF-ID*SFG-BATCH-ID*SFG-POOL *SFG-CARD-TYPE 72309593 2569 70561 SCP RTL *SFG-MERCHANT *SFG-ACCT-NO SEARS 0363642794509 *SFG-SSN *SFG-DOB *SFG-PREFIX*SFG-F-NAME XXX-XX-0325 12/15/1975 BRAND J *SFG-L-NAME *SFG-SUFFIX COOK *SFG-ADDR1 3407 RITNER HWY *SFG-ADDR2 *SFG-CITY *SFG-ST NEWVILLE PA *SFG-ZIP *SFG-HOME-PH *SFG-WORK-PH *SFG-WIRELESS-PH 17241 7177765184 7172923705 *SFG-OTHER-PH *SFG-POE *SFG-POE-ADDR *SFG-CO-DEB-SSN*SFG-CO-DEB-DOB XXX-XX-0000 *SFG-CO-DEB-PRE F IX*S FG-CO-DEB-FRST-NAM E *SFG-CO-DEB-LST-NAME *SFG-CO-DEB-SUFFIX *SFG-CO-DEB-ADDR *SFG-CO-DEB-ADDR2 *SFG-CO-DEB-CITY *SFG-CO-DEB-ST*SFG-CO-DEB-ZIP*SFG-CO-DEB-HM-PH *SFG-CO-DEB-WK-PH *SFG-CO-DEB-WIRELESS-PH*SFG-CO-DEB-OTH-PH *SFG-CO-DEB-POE *SFG-CO-DEB-POE-ADDR1 *SFG-ORG-DT*SFG-ORG-AMT if% ul, OV3 Cy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. 2006-03542 ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff VS CIVIL ACTION - LAW BRANDIJCOOK Defendant(s) PRAECI E FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against t Defendant(s), BRANDI J COOK, for failure to answer the Complaint. (X) Amount due , $9,656.09 Less credits $ i TOTAL $9,656.09, plus interest and costs (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. i ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe or final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the actin or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1,1 certify that wri4n notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occured and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: 8 / Y 0 e Amy F. Doyle # 062 / Daniel F. Wolfson #20617 Philip C. Warh is #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff NOW, , 20111,,-4IUDG NT S E D S ABO VE. ry/Cl Civil ision By: Deputy W&A File No. 160680528 LAW OFFICES. WOLPOFF & ABRAMSON, L.L.P. ANOMYe in tM PMCVM of Debt Coffwbon (A National Collection Attomey NeDAOrk Firm) 4660 TRINDLE ROAD 3RD FLOOR CAMP HILL, PA 17011 717.9038700 OUTSIDE THE CAMP MILL LOCAL AREA (TOLL FREE) 1-600768-0878 FACSIMILE 717.737.6061 BRANDI J COOK 3407 RITNER HWY NEWVILLE, PA 17241 PLEASE DIRECT ALL INQUIRIES TO THE CAMP MILL OFFICE August 0j, 2006 ST. LOUIS, MMSOIIRI GREAT FALLS, MONTANA 0MM1A NEBRASKA LAB VEGAS, NEVADA MANCHESTER, NEW HAMPSHIRE JERSEY DE BLAND CAROLINA 'TMNAMMl C01, " Afton y NIMmk M ee e11100"bn co sspnM. bw MI. s. W&A Haas d Opwsllsn: 8 &m.-&W p.m. ET MFF W&A File No. 160680528 RE: LVNV FUNDING, LLC ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS vs. BRANDI J COOK Dear Brandi J Cook: i Enclosed herein please find a 10 bay Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Am'rY.. Do le #87062 / Daniel F. Wolfson #20617 P ' ' W olic #86341 / Andrew C. Spears #87737 David . Galloway # 6,t,Tonilyn M. Chippie #87852 Sarah asz N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 ill, e Road, 3rd Floor Cam 'UJ Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff Enclosure cc: Brandi J Cook This is an attempt by a debt collector to collect a debt and any information obtained will be used for that nuronRe MAIN OFFICE TWO IRVINGTON CENTRE 702 KING FARM BLVD., ROCKVILLE, MD 20060 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC NO. 2006-03542 ASSIGNEEIOF SHERMAN AQUISITION ASSIGNEE F SEARS Plaintiff VS. CIVIL ACTION - LAW BRANDI J COOK Defendant(s) TO: BRANDIJCOOK 3407 RITNER HWY NEWV II PA 17241 DATE OF NOTICE: August Oq 2006 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Amy F. Doyl #87062 / Daniel F. Wolfson #20617 Za*v;iipd liC. W k8 41 /Andrew C. Spears #87737 allowa #87#877 Tonilyn M. Chippie #87852 086469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 160680528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff VS BRANDIJCOOK Defendant(s) No. 2006-03542 CIVIL ACTION - LAW I CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise address of Plaintiff is: Lvnv Funding, Llc 15 South Main Street Greenville SC 29601 and certify that the last known address of the within Defendant(s) is: Brandi J Cook 3407 Ritner Hwy Newville PA 17241 _ Date: I T 0 (/jW ? &4'6?Z' Amy F. Doyle 062 / Daniel F. Wol son #20617 Philip C. Warho is #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 160680528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN AQUISITION ASSIGNEE OF SEARS Plaintiff VS BRANDI J COOK Defendant(s) No. 2006-03542 CIVIL ACTION - LAW AFFIDAVIT OF I ON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND The undersigned counsel, being duly sworn acc9rding to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the bast of my knowledge, information and belief Defendant, Brandi J Cook, above-named, is over 21 years of age; is last known to reside at 3407 Rimer Hwy Newville, County of Cumberland, Pennsylvania; is not in the military service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Refief Act and iT Amendments Date: a /f o COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kimberly L. Eisenhauer, Notary Public Hampden Twp., Cumberland County My Commission Expires Nov. 17, 2009 Member, Pennsy:vania Asscoation of Notaries Amy F. Doyle #W2 / Daniel F. Wolfson 420617 Philip C. Warhol #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff SWORN and SUBSCRIBED to before me this ? \ day of W & A File No. 160680528 N6tarv Public 20 L W&A File No. 160680528 7'c 2 n R"1S" 220 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE ?F SHERMAN AQUISITION ASSIGNEE F SEARS Plaintiff No. 2006-03542 VS BRANDIJCOOK Defendant(s) CIVIL ACTION - LAW NOTICE OF JUDGMENT ( x ) Notice is hereby given that a Judgment in the above-c_ap tinned matter has been entered against you in the amount of $9,656.09, plus interest, on QAQ 204X. ( x ) A copy of all documents filed with the Prothonotary in supp of the within judgment is/are attached. By: If you have any questions regarding this Notice, please ontact the fil g party. 114 /1 Date: Amy. F. Doyle 47V62 / Daniel F. Wolfson #20617 Philip C. W wholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Bruce H. Cherkis #18837 / Ronald S. Canter #94000 Ronald M. Abramson #94266 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: Brandi J Cook 3407 Rimer Hwy Newville PA 17241 W&A File No. 160680528 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03542 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS COOK BRANDI J WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COOK BRANDI J the DEFENDANT , at 1100:00 HOURS, on the 12th day of July 2006 at 3407 RITNER HIGHWAY NEWVILLE, PA 17241 by handing to SHAWN LOCKE, HUSBAND OF BRANDI COOK LOCKE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56' Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 38.56,/ 07/13/2006 % II.A6yv4 WOLPOFF & ABRAMSON Sworn and Subscibed to By: 71- -7r "Z," before me this day ` Deputy Sheriff of A.D. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 LVNV FUNDING. LLC IN THE COURT OF COMMON PLEAS OF ASSIGNEE OF SHERMAN ACQUISITION CUMBERLAND COUNTY, PENNSYLVANIA ASSIGNEE OF SEARS Plaintiff vs. BRANDI J COOK To the Prothonotary Defendant(s) JUDGMENT NO. 2006-03542 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Please issue the Writ of Execution in the above-captioned matter, in the amount of $9,656.09. (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against,BRANDI J COOK , 3407 RITNER HWY, NEWVILLE, PA 17241 , Defendant (s); (3) and against, M&T, 28 Walnut Bottom Rd, Shippensburg, PA 17257 , Garnishee (s); (4) and index this writ (a) against, BRANDI J COOK , Defendant (s) and (b) against, M&T, Garnishee (s), as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically describe property) 3407 RITNER HWY NEWVILLE, PA 17241 All personal property of any nature located within the household or immediate vicinity of the Defendant(s) address and all other personal property within the dominion and control of the Defendant(s) wherever it is located shall be subject to the levy. ALSO: You are directed to attach the property of the Defendant (s) not levied upon in the possession of M&T, 28 Walnut Bottom Rd, SHIPPENSBURG, PA 17257 Garnishee (s) All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due $9,656.09 Interest from 8/28/2006 To Be Determined At an interest rate of 6% per year Total $9,656.09 Plus costs & interest Date: ?O 0 t Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / David R. Galloway #87326 Tonilyn M. Chippic #{87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 160680528 XXX-XX-0325 r. t ?t c? ? C ?` cry WRIT OF EXECUTION and/or ATTACHMENT' COMMONWEALTH OF PENNSYLVANIA) NO 06-3542 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING, LLC, ASSIGNEE OF SHERMAN ACQUISITION, ASSIGNEE OF SEARS Plaintiff (s) From BRANDI J COOK, 3407 RITNER HWY, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ALL PERSONAL PROPERTY OF ANY NATURE LOCATED WITHIN THE HOUSEHOLD OR IMMEDIATE VICINITY OF THE DEFENDANT (S) ADDRESS AND ALL OTHER PERSONAL PROPERTY WITHIN THE DOMINION AND CONTROL OF THE DEFENDANT WHEREVER IT IS LOCATED SHALL BE SUBJECT TO THE LEVY. GARNISHEE(S) as follows: M&T, 28 WALNUT BOTTOM RD, SHIPPENSBURG, PA 17257 ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. 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; (3) 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 himiher that he/she has been added as a garnishee and is enjoined as above stated. Amount: Due $9,656.09 L. L. $.50 Interest FROM 8/28/06 AT AN INTEREST RATE OF 6% PER YEAR Atty's Comm % Due Prothy $2.00 Atty Paid $130.06 Other Costs Plaintiff Paid Date: 04-18-07 (Seal) PFQUESTING PARTY: Name AMY F DOYLE, ESQUIRE Address: WOLPOFF & ABRAMSON, L.L.P. 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Attorney for: PLAINTIFF el, Cu s R. Long, P thdnot By: Deputy -Telephone: 717-303-6700 Supreme Court ID No. 87062 / "I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS Plaintiff No. 2006-03542 VS CIVIL ACTION - LAW BRANDI J COOK Defendant(s) INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION TO: M&T 28 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. 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. issued. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was C. "You" means the main office and all branch offices, representatives, employees, and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. W&A File No. 160680528 XXX-XX-0325 PLAINTIFF'S INTERROGATORIES TO GARNISHEE DEFENDANT(S) - BRANDI J COOK 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. IA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. 2. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. 4. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset. W&A File No. 160680528 XXX-XX-0325 5. PROPF?RTY: , At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joining possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by any Defendant(s)? If so, please describe for each Defendant each item of property including its value. 6. REAL PROPERTY: At the time you were served or at any subsequent time, did you hold legal, or equitable title to any property of any nature owned solely or in part by the Defendant(s) or in which and Defendant(s) held or claimed any interest? If so, describe for each Defendant each item of property including its value and the interest held by the Defendant(s). 7. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). 8. TRANSFER OF PROPERTY: At any time before or after you were served, did any Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent If so, for each Defendant(s) describe the property transferred or delivered including the dates of delivery or transfer and state the consideration paid. 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer. If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. Date: - $"o?.'. ron Amy F. oyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 160680528 XXX-XX-0325 ?' y ? ? t - ? ` _ s= c y -? .. - ??• ?`? cn r i s - ? ?: ? Y? t..rf t? l ? •.? ??, 1? I^' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Re: Writ of Garnishment on Garnishee received by Manufacturers and Traders Trust Company, Garnishee LVNV Funding, LLC vs. Brandi J. Cook No. 06-3542 Responses to Interrogatories MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the Interrogatories states: 1Questions and Answers Pursuant to 14 Pa C.S.A. Rule 32531 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 any money or were liable to defendant(s) for any reason? Answer: YES 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 or one or more other persons any property of any nature owned solely or in part by the defendant(s)? Answer: NO At any 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(s) or in which defendant(s) held or claimed any interest? Answer: NO 4. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? Answer: NO 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, if so, what was the consideration therefor? Answer: NO 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? Answer: 4E,/?-? If any of the following reasons are checked, the account(s) in question are rf6t/„ V4 ttachment because: ,? , ? Account No: 9836720343/Balance 0?Q??'?? ' IS ? A?N ? [Field 12] has a right of set off against the account(s) which it herebyQ4 ss J` ? Other: [Consult with Counsel's Office and type in reason] % MANUFACTURERS AND TRADERS TRUST COMPANY Dated: MAY $ 4 2007 By: Name: Talia Palnv4gf Title: Legal Docume t Analyst M&T Bank - Legal Document Processing PO Box 844 Buffalo, New York 14240 Phone(716)635-7718 Fax (716)635-7725 61-7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, LLC No. 2006-03542 ASSIGNEE OF SHERMAN ACQUISITION ASSIGNEE OF SEARS Plaintiff VS BRANDI J COOK Defendant(s) CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, M&T, discontinued, upon payment of your costs only. Respectfully Submitted, Date: Amy F. Doyle #870 / Daniel F. 612 Philip C. Warholic #863 David R. Gallows #8732 Tonilyn M. Chippie #878 ar . hasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, L.L.P. Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Rill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 160680528 1?.. Q G `? 3V/11y 1 v?? Q C3 ? ? ? ? ?? - ? ? ' ?"? " `rR ? ? . « . ?' SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-03542 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS COOK BRANDI J And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:20 Hours, on the 25th day of April , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT COOK BRANDI J in the hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LAURA BUCHER (HEAD TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So' Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 00 J 4/b 9167 05/29/2007 Sworn and Subscribed to before me this day of By A.D ? /? R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 96.19 Docketing 18.00 53.81 Poundage 1.89 Advertising Law Library .50 Prothonotary -1,00 Refunded to Atty on 01/07/08 Mileage 4.80 Misc. Surcharge 40.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 96.19 ? ?? iv or So Answers, R. Thomas Kline, h By f LI=,kZa ,L? ,?A 0 w 4--, 6)fY.L 1EL ,1n31/(' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3542 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING, LLC, ASSIGNEE OF SHERMAN ACQUISITION, ASSIGNEE OF SEARS Plaintiff (s) From BRANDI J COOK, 3407 RITNER HWY, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ALL PERSONAL PROPERTY OF ANY NATURE LOCATED WITHIN THE HOUSEHOLD OR IMMEDIATE VICINITY OF THE DEFENDANT (S) ADDRESS AND ALL OTHER PERSONAL PROPERTY WITHIN THE DOMINION AND CONTROL OF THE DEFENDANT WHEREVER IT IS LOCATED SHALL BE SUBJECT TO THE LEVY. GARNISHEE(S) as follows: M&T, 28 WALNUT BOTTOM RD, SHIPPENSBURG, PA 17257 ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. 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; (3) 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 $9,656.09 L.L. $.50 Interest FROM 8/28/06 AT AN INTEREST RATE OF 6% PER YEAR Atty's Comm % Atty Paid $130.06 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 04-18-07 (Seal) dt&q,d4 Curti R. Lon o 0 of By: Deputy REQUESTING PARTY: Name AMY F DOYLE, ESQUIRE Address: WOLPOFF & ABRAMSON, L.L.P. 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Attorney for: PLAINTIFF SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-03542 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS COOK BRANDI J And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:20 Hours, on the 25th day of April , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT j COOK BRANDI J hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to , in the LAURA BUCHER (HEAD TELLER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So ewzvw?le?p Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County 0000 ?n/aa1of 05/29/2007 Sworn and Subscribed to before me this day of By ./7 /')-- I A.D