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Home My WebLink About09-0380IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, Vs. Plaintiff, CIVIL DIVISION Kelli C. Johnson a/k/a Kelli C. Guthrie, Defendant(s). No. 64 - 380 1. t C? i l?? NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717/249-3166 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, CIVIL DIVISION Noa 9_ 3? 6 C wt-I ems` No. Plaintiff, VS. Kelli C. Johnson a/k/a Kelli C. Guthrie, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 34 North Enola Drive Enola, PA 17025 TYPE OF PLEADING: Complaint TYPE OF CASE: Civil Action FILED ON BEHALF OF: Household Finance Consumer Discount Company COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, CIVIL DIVISION No. !fig- 3 Sla Plaintiff, vs. Kelli C. Johnson a/k/a Kelli C. Guthrie, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, Household Finance Consumer Discount Company, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof: 1. Household Finance Consumer Discount Company is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff." 2. Kelli C. Johnson a/k/a Kelli C. Guthrie is an adult individual residing at 34 North Enola Drive, Enola, PA 17025. 3. On or about December 26, 2006, the Defendant entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Loan Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0. 5. Defendant is in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about September 28, 2007. 6. Pursuant to the terms of the Loan Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of Seven Thousand One Hundred Eighteen and 94/100 Dollars ($7,118.94) as of December 4, 2008. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover the entire indebtedness, including without limitation, principal, accrued interest, costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Seven Thousand One Hundred Eighteen and 94/100 Dollars ($7,118.94), with interest thereon at the rate of 22.500% from December 5, 2008, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By: f {Om k? `Ya ?o-m? CAT Y AN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 Attorneys for Plaintiff 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Personal Credit Line Account Agreement (Page ! of 3) LENDER (called "We", "Us", "Our") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUARE/SUITE 101 MECHANICSBURG PA 11055 BORROWERS (called "You", "Your") GUTHRIE, KELLI C SS# 1967 2001 RUPLEY RD APT 303 CAMP HILL PA 11011 ON PORTION OF AVERAGE DARY .01 AND OVER INITIAL ARRtlat MONTHLY ?ERCENTAiE RATE RATE: , 1.875 % 22.500 % LOAN NO. '713303-15-143234 lTE OF LOAN MARGIN 12128106 14.25000% 7E 50.001 s 50.00 In this Agreement. "You". "Your" and "Borrower" mean the customer(s) who signs this Agreement. "We", "us" and "our" refer to Lender. This Agreement covers the terms and conditions of your Personal Credit Line Account. We want you to understand how your Personal Credit Line Account works. Read this carefully, ask us any questions, and if you agree to be bound by this Agreement, sign below. It more than one person signs, each will be responsible for repaying all sums advanced under this Agreement. Your Personal Credit Line is a revolving line of credit extended to you and secured as described below. You can obtain funds from your Personal Credit Line Account (up to your credit limit) directly from us or by using the special checks we supply to you. You may pay your total unpaid balance at any time or in installments. REQUIRED INSURANCE. You may obtain any required insurance. from anyone you choose. You must obtain insurance for term of loan covering security for this loan as indicated by the word "YES" below, naming us as loss payee. Physical damage iasureacea.pnryeh?ele_litted undo,,-Security; above, if "Y" appears under "Insured." ."u. v..m cinuve Tn roCw ?re Rl1 1 IAI( NOTICE: SEETHE FOLLOWING PAGES FOR ADDITIONAL FRUVI,IUM Panu 1Mrvn1?..nrv??..+...........r . ?..-- •--•. •-•- ERRORS. Iolj1§10101 EXHIBIT111mil OM3-Ot?-00 rG361254E6P96RLA80DOPAD566710rr ORIGINAL PA056671 Personal Credit Line Account Agreement (Page 2 of 3) AVAILABLE CREDIT. You may obtain funds directly from us or through your special cheeks up to your available credit. Each cheek must be written for s least $100. Your available credit limit is your credit limit (shown on page one) less the total unpaid balance, Including Finance Charges, of your Account. If you make loan payments by check, we will adjust your available credit seven days after we receive your check to allow for check clearing. If you request funds in an amount that would cause you to exceed your available credit, we are not obligated to honor your request. If we do lend you an amount over your available credit, you agree to pay us that excess amount, plus Finance Charges, Immediately. PROMISE TO PAY. You promise to pay Lender: (a) amount borrowed under this Agreement; L Finance Charges, Administrative Charges ithe late charge and bad cheek charge), and other charges provided in this Agreement; W credit insurance charges. If any; (d) collection costs permitted by applicable law, including reasonable attorneys' fees (if the attorney Is not our salaried employee): and (e) amounts in excess of your credit limit that we may lend you, plus Finance Charges. PAYMENT. You may repay your entire outstanding balance at any time without penalty. You may not use year special checks to pay any amounts due under this Agroement. Because the Finance Charge is computed each day, you will contact us regarding the exact payoff amount for the day you intend to make full payment. If you do not pay the entire unpaid balance on your Account at ones, you agree to pay at least the minimum payment shown on your monthly t statement. Payments will be applied as follows: First to any accrued' but unpaid Finance Charges; Second, to any unpaid Administrative charges Ithe late charge and bad check charge); Third. to any unpaid credit insurance charges; and Fourth, to the unpaid outstanding balance of your Account. Any part of your monthly payment to be applied to amounts borrowed on your Account will be applied to the amounts borrowed under your Personal Credit Line Account in the order in which the amounts were borrowed. Any part of your monthly payment to be applied to Finance Charges will be applied in the same manner. MINIMUM MONTHLY PAYMENT. The Minimum Monthly Payment for any billing cycle will be the greater of (1) the greater of $25 or the Variable Payment Amount iaa described below) plus any Administrative Charges and credit insurance charges, rounded to the newest =1; or (2) the Finance Charges due for the billing cycle plus any Adminst?ative Charges and credit insurance charges; or (3) the amount of the Annual Fee assomead to yew, Account. In each instance the Minimum Monthly Payment will be adjusted to include any unpaid amounts due from previous billing cycles. The Variable Payment Amount depends on the monthly periodic rate then applicable to your Account, and Is calculated as follows: Meathly Periodic gate Variable Payment AmaoN through 1.33% over 1.33% through 1.45% over 1.45% through 1.57% over 1.57% through 1.70% over 1.70% through 1.83% over 1.83% through 1.95% over 1.95% 1.43% of Account Balance 1.55% of Account Balance 1.67% of Account Balance 1.60% of Account Balance 1.93% of Account Balance 2.00% of Account Balance 2.15% of Account Balance FINANCE CHARGE. The Finance Charge is the interest charged on the balance of your Account during each billing cycle. The Finance Charge Is calculated from the date that each advance, check or charge is posted to your Account. The Finance Charge is computed by multiplying the average daily balance In your Account in each billing cycle times the monthly periodic rate. The average daily balance Is determined by totaling all dally unpaid balances In each billing cycle and dividing the total by the number of days in that cycle (but not less than 30). A daily unpaid balance is the amount owed each day, excluding any unpaid Finance Charge, Administrative Charges, and credit insurance charges for prior billing cycles. VARIABLE RATE.You agree that the monthly periodic rate used in determining your Finance Charge will be a variable rata which may change from month to month. The monthly periodic rate will be one-twelfth of the sum of the Prime Rate plus the number of percentage points as stated in the "Margin" box on page one. The Prime Rate applicable to any billing cycle will be the prime rate published in "The Well Street Journal", a business newspaper, on the first publication day of the month in which the billing period begins. If a range of rates is published, we will use the highest of the rates In the range. When a change in the Prime Rate is published, a change in the monthly periodic rate will take effect on the first day of the first complete billing cycle following the date of the published change. The new rate will apply to new loans and charges, and to the existing balance of your account. The Initial monthly periodic rate on your Account is shown on page one. The monthly periodic rate will not exceed that permitted by applicable law. If circumstances such as a change In the law, any court ruling or discontinued publication of the index do not permit us to continue use of this variable rate index, we will change the Index according to the procedure set out below In "Termination and Changes in the Agreement.' An increase in the Prime Rate may increase the Annual Percentage Rate lcorreeponding to the monthly periodic ratel and the minimum payment on your account. ANNUAL FEE. You agree to pay an Annual Fee as stated on page one for participation in this revolving Credit plan. The Initial Annual Fee is stated on page one and is due and payable on the date that your Account is established, and the subsequent Annual Fee stated on page one is due and pay#bio on the same day of each subsequent year. You agree that We fee rnay'bA charged to your Account balance. BAD CHECK CHARGE. If you pay by a check which is returned for any reason, you will pay a bad cheek charge of f20. LATE CHARGE. If you do not pay any required Minimums Monthly payment within 10 days after it is due, you agree to pay a late charge of 10% of the Minimum Monthly Payment duo or $20, whichever is greater (excluding any unpaid late charges and amounts due from prior billing cycles). OTHER CHARGES. You also agree to pay any amounts actually incurred by Lender for services rendered in as ation with the Personal Credit Line Account for fees paid to public officials In connection with recording, releasing or satisfying a security interest in the security. You agree that these fees may be charged to your Account balance. EXCHANGE OF INFORMATION. You understand that from time to time we May redelva cridit''information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize us to shwa any Information, on a regular basis, we obtain related to your Account, including but not limited to credit reports and insurance information, with any of our affiliated corporations, subsidiaries or other third parties. The uses of this information may include an Inquiry to determine if you qualify for additional offers of credit. You also authorize us to ihare any Information regarding your Account with any of our affiliatedIcorporations. subsidiaries or other third parties. Yes may prohibit to* sharing of seek Information (aseapt For so $Norio* of Information Abaft trasssetleas or sapsriences botwsea so and wool by sandlas s written request which costalas year full name, Social Security Number and Address to as at P.O. Box 1547, Chesapeake, VA 23320. If you fall to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your resideace address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone coils between you and our reprosontativft.in order to evaluate the quality of our service to you. YERWAMON AND CNANGES IN THE AGREEMENT. We co choose the terms it this ks?oriwat,`heledlag Inereesiog year Minimum Monthly Paymast sod increasing the marginal rata of Flesece Charge, adding an saws) fee saltier fees IF permitted by applicable low, or choose the Variable Rate ladex, at say ties. Prier written entice will be provided to yen wbee required by applicable low sales$ yes eeasest to the cheese before that Uses. Chooses may apply to both now and aftsteadleg bslsecas veless prohibited by applicable law. However, termination of your credit limit will occur only as provided in the "Default and Cancellation of Agreement" paragraph. Balances outstanding under this Agresemnt when the credit limit is reduced or terminated will continue to accrue interest at the variable contract rate until paid in full. DEFAULT AND CANCELLATION OF AGREEMENT. We have the right to require you to pay your entire balance plus all other accrued but unpaid charges immediately and to cancel your credit priv;lagos under this Agreement becausitof (al'failure to make any payment in full when it Is due under this Agreement. (b) frequent overdrawing of your line of credit; (c) failure to supply us with any information requested; ld) supplying us with misleading, false, Incomplete or Incorrect information; (a) breaking any of the promises, terms or conditions that are contained in this Agreement; (f) the filing of a bankruptcy petition by or against you; (9) the death of any borrower who signs this Agreement. After default, you will pay our court costs, reasonable attorney fees (if attorney is not our salwied employee), and other collection costs related to the default, If not prohibited by applicable low. You may be awarded reasonable attorney's feet if you prevail in an action against us. In the event your credit privilege Is cancelled, we have the right to convert your Account to a fixed rate of interest which shall be no higher than the variable contract rate in effect at the time of conversion. YOUR BILLING RICNTS. SEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and Lender's responsibilities under the Fair Credit Billing Act. Notify Leader In Cost of Errors sr Qoestless About Year 5111: If you think your bill is wrong, or if you need more information about a transaction on your bill, write Lender on a separate sheet at the address listed on your bill after the words:. "Send your billing error notice to: tLender's name and address)." Write to Lender as soon as possible. tender must hear from you no later than 80 days after Lender sent you the first bill on which the error or problem appeared. You can telephone Lender, but doing so will not preserve your rights. In your letter, Give lender the following Informatio : a Your name and account number The dollar amount of the suspected error 0 Describe the error and explain, N yoo can, why you believe there is an error. If you need more information, describe the Item you are not sure about. Year Rights fed Loedar's Responsibilities After Leader Nectives Year Writtes Notice. Lender must acknowledge your letter within 30 days, unless Lender has corrected the error by than. Within 90 days, Lender must either correct the error or explain why Leader believes the bill was correct. NOTICE SEE THE FOLLOWING PAGE FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS. I®????® mulop1lllolls ®1IN11 PA056672 03-01-00 VR NRE VR NRE xG361254E6P96RLA6000PA0566720xxGUTHRIE' " a ORIGINAL Personal Credit Line Account Agreement (Page 3 of 3) 1 After Lender receives your letter, Lender cannot try to collect any amount,you question, or report you as delinquent. lender can continue to bill you for the amount you question, Including finance charges, and Lender conlspply any unpsld smcunt against your credit limit. You do not have to pay any questioned amount while Lender is investigating, but you are still obligated to pay the parts of yaw bill that are not in question. If Lender finds that Lender mods s mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If Lender did not make s mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amou ni. In either case. Lender will send you a statement of the amount you owe and the date that it Is due. If you fail to pay the amount that Lender thinks you owe ,'Lander may report you as delinquent. However, If Lender's explanation do" not satisfy you and you write to Lender within ten days telling Lendefl,that'.ydu,ittill refuse to pay, Lender must tell anyone Lender reports you to that you have a question about your bill. And Lender must tell you the name 61 anyone Lender reported you to. Lender must tell anyone Lender reports you to that the matter has been settled between us when it finally Is. If Lender doesn't follow these rules. Lender can't collect the first $50 of the questioned amount, even if your bill was correct. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDER. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction we incorporated into this Agreement by reference. APPLICABLE LAW. The terms and conditions of this Agreement wilt be governed by the provisions of the Pennsylvania Consumer Olscoumt Company Act, Chapter 7, Sections 6201 through 6221, Purdon's Pennsylvania Statutes Annotated, particularly Section 6217.1. Before signing this Agreement, you have read and received this Agreement and the Federal Truth-in-Lending disclosures contained on it. You, the customer(s) signing below, agree to observe the terms and conditions of this Agreement. 'I'bis loan is governed by the Pennsylvania ConsuokA!- Disdount Company Loan Act and applicable Federal law. "- (SEAL) (SEAL) dc stomer Sign re Customer Signature Data - Date: Witness: (SEAL) Witness: •?,r 03-01-00 RL VR NRE "G351254E6P96RLAB000PA05667300"GUTHRIE ORIGINAL :i (SEAL) PAOSS673 LOAN CLOSING STATEMENT (Page 1 of 1) REVOLVING LOAN VOUCHER CREDITOR HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUARE/SUITE 101 MECHANICSBURG PA 11055 BORROWERS GUTHRIE, KELLI C 2001 RUPLEY RD APT 303 CAMP HILL PA 11011 LOAN NO: 113303-15-143234 Borrowers agree to and direct the disbursements and Advance indicated below. If any estimated amount shown below varies from the actual amount paid. Borrowers agree to the disbursement of the actual amount and a corresponding change to the Advance shown below. Borrowers agree that this Advance is made under Borrowers' Revolving Loan Agreement (account number shown above.) •M; TO: HFC ON ACCOUNT NUMBER 11330320139285 .....................................! Initlel Annual Fee ................. .'.:... ..........I...............Zt CASH OR CHECK TO BORROWER ..................................................... $ TOTAL ADVANCE(S) ..............................................................5 4992.49 50.00 451.51 5500.00 B RRO W 18-26-04 MG361254E6P96RLVe000PA1379210rr0UTHRIE ORIGINAL PA137921 11/ .LU4 auV,N uJ.'fl f G'7 -0 .6 VG`t 11 vl ..\ul'IUL1"11\ -ua..uVi...?.... VERIFICATION 11 a r n a e L. W i.1 c o x , Recover Specialist for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 17eposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unworn falsification to authorities, that the facts set forth in the forgoing Complaint are true and correct to the best of her knowledge, information and belief. Marnie L. Wilcox t Vc.3 y ^ i 7 ;7 t~n SHERIFF'S RETURN - REGULAR CASE NO: 2009-00380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER VS JOHNSON KELLI C AKA KELLI C GU MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the JOHNSON KELLI C AKA KELLI C GUTHRIE was served upon DEFENDANT at 1655:00 HOURS, on the 27th day of January 2009 at 34 NORTH ENOLA DRIVE ENOLA, PA 17025 KELLI C JOHNSON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 13.50 ? e .00 , 4 ? 10.00 R. Thomas Kline .00 41.50 01/28/2009 CHROMULAK & ASSOCIAT ES By. day Deput Sheriff of A. D. ..w +r. .low ""N 000 INO r X47 =? i 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 09-380-CIVIL TERM Plaintiff, TYPE OF PLEADING: VS. Praecipe for Default Judgment KELLI C. JOHNSON A/K/A KELLI C. GUTHRIE, Defendant. Plaintiff s Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 34 NORTH ENOLA DRIVE ENOLA, PA 17025 Dated: MARCH 5, 2009 TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQUIRE PA ID NO. 42067 BETH ARNOLD HOWELL, ESQUIRE PA ID NO. 203606 TERESA K. FUCHS, ESQUIRE PA ID NO. 205696 JENNIFER M. PALONIS, ESQUIRE PA ID NO. 205703 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 THIS 13 AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TO:PROTHONOTARY Please enter judgment by default against the within-named defendant, KELLI C. JOHNSON A/K/A KELLI C. GUTHRIE, for failure to file an Answer as follows: Amount Claimed in Complaint: $7,118.94 Interest from 12/05/08 through 3/05/09: 325.28 Costs of Collection through 3/05/09: 534.00 TOTAL $7,978.22 With interest accruing on the total balance of 7.9$ 78.22 at the rate of 6% per annum, together with additional costs of suit. BY CATHY ANN CHROMULAK, ESQUIRE BETH ARNOLD HOWELL, ESQUIRE TERESA K. FUCHS, ESQUIRE JENNIFER M. PALONIS, ESQUIRE Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF WASHINGTON ) Before me, the dersigned authority, a Notary Public in and for said County and State, personally appeared, 20" t IQL , ESQUIRE, attorney for and authorized representative of plaintiff who, being duly sworn according to law, deposes and says that the defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed to defendant on FEBRUARY 17, 2009 by certificate of mailing in accordance with Pa.R.C.P. 237. 1, as evidenced by the attached copy. CATHY ANN CHROMULAK, ESQUIRE BETH ARNOLD HOWELL, ESQUIRE TERESA K. FUCHS, ESQUIRE JENNIFER M. PALONIS, ESQUIRE Sworn to and subscnped Wore me This 'L day of ! K , 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea[ Michelle.L. Wolota, Notary Public Cecil Iwp., Wasnington County My CoMmission Expires July 7. 2012 Member, Penns"nis Assoclatlon of Notaries THIS 19 AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED *LL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 09-380-Civil Term Vs. Kelli C. Johnson a/k/a Kelli C. Guthrie, Defendant(s). TO: Kelli C. Johnson a/k/a Kelli C. Guthrie 34 North Enola Drive Enola, Pa 17025 DATE OF NOTICE: February 17, 2009 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Co. Bar Association 32 South Bedford Street Carlisle, PA 17013 717/249-3166 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By: bdl.?-- ATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4'h Floor Canonsburg, PA 15317 0 CD -4 F+? N g ?p O O ,r ? y"?i ? I^ b f '11 7 g f ,Btp?ie tip f sit ??5+ 4 t 8? o O?z -0- } p z 7. >pN UW 3 v" O ... f W .r tkp O --r N ? O W Q t cso? ? C [? ? ? Cy ? TT'f r r i c`rs ? N a1? aCJ t tLy 4- , . W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 09-380-CIVIL TERM Plaintiff, VS. KELLI C. JOHNSON A/K/A KELLI C. GUTHRIE, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: KELLI C. JOHNSON A/K/A KELLI C. GUTHRIE 34 NORTH ENOLA DRIVE ENOLA, PA 17025 (X) Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on I Di () A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $7,978.22 plus interest at the rate of 6% per annum and additional costs of suit. THIS IS AN ATTEMPT TO COLLECT'A'DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Y, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. KELLI C. JOHNSON a/k/a KELLI C. GUTHRIE, Defendant, and COMMERCE BANK, Garnishee. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 34 N. ENOLA DR. ENOLA, PA 17025 Garnishee's Address: 65 ASHLAND AVE. CARLISLE, PA 17013 Date: MARCH 20, 2009 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL DIVISION No. 09-380 CIVIL TERM TYPE OF PLEADING: PRAECIPE FOR A WRIT OF EXECUTION FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 (724) 916-2400 y r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. CIVIL DIVISION No. 09-380 CIVIL TERM KELLI C. JOHNSON a/k/a KELLI C. GUTHRIE, Defendant, and COMMERCE BANK, Garnishee. PRAECIPE FOR WRIT OF EXECUTION TO: The Prothonotary Please issue a Writ of Execution in the above matter, 1. directed to the Sheriff of CUMBERLAND County; 2. against KELLI C. JOHNSON a/k/a KELLI C. GUTHRIE, defendant, and 3. against COMMERCE BANK, garnishee, 4. and index this writ a. against KELLI C. JOHNSON a/k/a KELLI C. GUTHRIE, defendant, and b. against COMMERCE BANK, garnishee, and any property of the defendant in the name of Garnishee: Said Writ of Execution is pursuant to all monies due defendant in any accounts, individual and joint, personal and business. 5. Amount of Judgment $7,978.22 Additional Interest to Date $ 14.63 (Costs to be added) $ Pursuant to Writ of Execution $7,992.85 And Service of Writ THIS IS AN ATTEMPT TO CATHY ANN CHROMULAK, ESQ. COLLECT A DEBT AND ANY BETH ARNOLD HOWELL, ESQ. INFORMATION OBTAINED WILL TERESA K. FUCHS, ESQ. BE USED FOR THAT PURPOSE. JENNIFER M. PALONIS, ESQ. i N 1 70 1 h '? . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-380 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From KELLI C. JOHNSON A/K/A KELLI C. GUTHRIE, 34 N. ENOLA DRIVE, ENOLA, PA 17025 (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 COMMERCE BANK, 65 ASHLAND AVE., CARLISLE, PA 17013 - ALL MONIES DUE DEFENDANT IN ANY ACCOUNTS, INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS. GARNISHEE(S) as follows: 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 $7,978.22 L.L. $.50 Interest - ADDITIONAL INTEREST TO DATE - $14.63 Atty's Comm % Due Prothy $2.00 Atty Paid $161.00 Other Costs Plaintiff Paid Date: MARCH 23, 2009 (Seal) C s R. Long onotary By: Deputy REQUESTING PARTY: Name BETH ARNOLD HOWELL, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 203606 Sheriffs Office of Cumberland County R Thomas Kline ?, to at ambFr'4' Edward L Schorpp Sheri Solicitor Ronny R Anderson ?a Jody S Smith Chief Deputy QrF iC6 of 14E sts£RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 02:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kelli C. Johnson a/k/a Kelli C. Guthrie, in the hands, possession, or control of the within named garnishee, Commerce Bank, 65 Ashland Avenue, Carlisle, Cumberland Couni Pennsylvania, 17013 by handing to Mary Ellen Bellew, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 30, 2009 to Kelli C. Johnson a/k/a Kell C. Guthrie at her last known address of 34 N. Enola Drive, Enola, PA 17025. 09-380 Household Finance Consumer Discount Co.. vs Kelli C. Johnson a/k/a Kelli C. Guthrie So Answers, R, omas )Kline, Sheriff By: Deputy Sheg•i tf ca -;nom a Cn -< .c C") IN THE COURT OF COMMO* PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, Plaintiff, No. 09-380 CIVIL TERM vs. KELLI C. JOHNSON a/k/a KELLI C. GUTHRIE XXX-XX-7967, 34 N. ENOLA DR. ENOLA, PA 17025 Defendant, and COMMERCE BANK Garnishee. TO: COMMERCE BAN 65 ASHLAND AVE. CARLISLE, PA 170 3 You are required to file Answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may esult in Judg ent against you. FIRST: At the time you were served or at any subsequent time did you owe the Defendant any money or were you liabl to him/her on any negotiable or other written instrument, or did he/she claim that you owed him/her any money or that you were liable to him/her for any reason: RESPONSE: Defend nt had account 537205809 held jointly with Chad Johnso with a balance of $295.00. Defendant had account 626699445 held jointly with Chad Johnson with a balance of $46.03 .I'I Account 537205809 is direct deposit (payroll) Defendant did not receive $300 exemption. SECOND: If your response to the previous interrogatory was anything other than an unqualified negative, set forth the amount of the claim, and identify the written instrument, if any, that forms the basis of the claim. RESPONSE: see answer to quetion 1 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J THIRD: At the time you were served or at any subsequent time, was there in your possession, custody or contro or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the Defendant? The scope of this interrogatory encomp sses, but is not restricted to, the contents of any bank account(s). RESPONSE: see FOURTH: If your unqualified negative, i RESPONSE: answer to qiestion 1 e to the previous interrogatory was anything other than an the property, and in the case of monetary assets, state the amount. FIFTH: 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. RESPONSE: see a swer to question 1 SIXTH: If your respoi unqualified negative, identif RESPONSE: SEVENTH: At the time any property in which the RESPONSE: no se to the previous interrogatory was anything other than an the property, and in the case of monetary assets, state the amount. were served or at any subsequent time, did you hold as a fiduciary ndant had any interest? THIS IS AN ATTEMPT O COLLECT A DEBT AND NY INFORMATION OBTAINE WILL BE USED FOR THAT PUR OSE. EIGHTH: If your unqualified negative, RESPONSE: no NINTH: At any time any property to you or to ar what was the consideration RESPONSE: no TENTH: If your re unqualified negative, id and state the date of the RESPONSE: to the previous interrogatory was anything other than an the property, and in the case of monetary assets, state the amount;!] ? ;fore or after you were served, did the Defendant transfer or deliver person or place pursuant to your direction or consent and, if so, se to the previous interrogatory was anything other than an i the property, and in the case of monetary assets, state the amount, n fer and the name and address of the transferee(s). ELEVENTH: At anytime, property of the Defendant o. discharge any claim of the I RESPONSE: no TWELFTH: If your re unqualified negative, id( state the date of transfer RESPONSE: ter you were served, did you pay, transfer or deliver any money or to any person or place pursuant to their direction or otherwise -fendant against you? ,se to the previous interrogatory was anything other than an ? the property, in the case of monetary assets, state the amount, and the name and address of the transferee(s). j THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. s THIRTEENTH: If you are bank or other financial institution, at the time you were served or at. any subsequent time did th 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;'`-1 identify each account and sta a the reason for the exemption and the entity electronically depositing those funds on a r curring basis RESPONSE: see answor to question 1 FOURTEENTH: If you are a bank or other financial 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 an otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 PaC.S. Section 8123? If so, identify each account RESPONSE: see answ?r to question 1 Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. -1 P DATE-M/C By: Cathy Ann Chromulak, Esq. Beth Arnold Howell, Esq. , Teresa K. Fuchs, Esq. Jennifer M. Palonis, Esq. 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The undersigned does to unsworn falsifications to (Title) that he/she duly authorized to Answers to Interrogatories are belief. VERIFICATION >y verify subject to the penalties of 18 PA. C.S. § 4904 relating ities, that he/she is Jennifer Hilbish (Name) _ of Commerce Bank/Harrisburg, garnishee herein, (Company) :e this verification, and that the facts set forth in the foregoing and correct to the best of his/her knowledge, information and r %; W i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. KELLI C. JOHNSON A/K/A KELLI C. GUTHRIE, Defendant(s), and COMMERCE BANK, Garnishee. Plaintiff s Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION: No. 09-380-CIVIL TERM TYPE OF PLEADING: Praecipe to Settle & Discontinue Against Garnishee ONLY TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 JIETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. KELLI C. JOHNSON A/K/A KELLI C. GUTHRIE, Defendant(s), and COMMERCE BANK, Garnishee. CIVIL DIVISION: No. 09-380-CIVIL TERM PRAECIPE TO SETTLE & DISCONTINUE AGAINST GARNISHEE ONLY TO THE PROTH16NOTARY: Please settle & discontinue this action against the above garnishee, COMMERCE BANK, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: \ 1,I' '-t?? CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this -Atk day of &?? , 2009. Notary Public Motvw?q,.ph ?? PvN?}%?_? Notary Public J Heather L NNoziarial atlWdSNota J Cecil T Notary Public l1 wR Washington County '-r!? Commissien Fj'rm j, ,no - 201 G f4vw L. c r THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , CERTIFICATE OF SERVICE I, counsel for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe to Settle & Discontinue Against Garnishee Only was served upon the following by First Class Mail, postage prepaid on this 16TH day of APRIL 2009. COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 KELLI C. JOHNSON A/K/A KELLI C. GUTHRIE C/O ROBERT M. WALKER, ESQ. 3461 MARKET ST., STE.103 CAMP HILL, PA 17011 l Cathy Ann Chromulak, Esq. Beth Arnold Howell, Esq. Teresa K. Fuchs, Esq. Jennifer M. Palonis, Esq. THIS 13 AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FILED --Cr'?PVE Ti-'c P' :- {,?, ?,l Ti Y 2914 Ain 20 PH 0* 03 Vied: ?'Y?S l y CJZ- -76 ,U v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. KELLI C. JOHNSON a/k/a KELLI C. GUTHRIE, Defendant(s). CIVIL DIVISION: No. 09-380-CIVIL TERM PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please satisfy the judgment against KELLI C. JOHNSON a/k/a KELLI C. GUTHRIE, at No. 09-380-CIVIL TERM, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this day of , 2009. kawv [- 4j/ Notary Pu lic CC-MMONWEHL h Or_PENNSYLVA.Nl.? No.arial Seal I Heather L. Katfield, Notary Public Cecil Twp., Washington County -J. , omanissi::;Gxpires Lne29,2010 Jax :nsylvc...? ccia:;c: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, counsel for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe to Satisfy Judgment was served upon the following by First Class Mail, postage prepaid on this 6TH day of MAY 2009. KELLI C. JOHNSON a/k/a KELLI C. GUTHRIE CIO ROBERT M. WALKER, ESQ. 3461 MARKET STREET, STE. 103 CAMP HILL, PA 17011 K. Cathy Ann Chromulak, Esq. Beth Arnold Howell, Esq. Teresa K. Fuchs, Esq. Jennifer M. Palonis, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FILEG-t;i;, ?'E CF THE PR'- , jr?Ryt 2009 MAY -8 PM 12: 29 3 I? ? j{[ \p? 8. oo Po Al-r' CO x1502 93* 22 4 9 7,q SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t'L~:.i`.~ ~,,.;_i'_ `:: Sheriff ; ~,0 T '- ~ - ~ ;' RY 4~~~ti~ro a ~;;t,, ~t~t~~~;r~~r~ . ~ .. _ ., v Jody S Smith Chief Deputy - Zu I ~ ~`~1 `i ~ ~ ~'~': J ~ ~ 4 Edward L Schorpp Solicitor ~~ ~,-€ C~„'~~~ ,vt~.,~r Household Finance Consumer Discount Company vs. Case Number Kelli C Johnson 2009-380 SHERIFF'S RETURN OF SERVICE 03/27/2009 02:15 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kelli C. Johnson a/k/a Kelli C. Guthrie, in the hands, possession, or control of the within named garnishee, Commerce Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Mary Ellen Ballew, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 30, 2009 to Kelli C. Johnson a/k/a Kellie C. Guthrie at her last known address of 34 N. Enola Drive, Enola, PA 17025. 05/20/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $65.28 SO ANSWERS, May 20, 2010 RON R ANDERSON_ SHERIF6~ B aron x. Lantz ~.On ~~'-~'~,- ~~ c~ ~~-= ~~ ~~~