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HomeMy WebLinkAbout09-1555I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, Plaintiff, CIVIL DIVISION Vs. No. pq - X555 Civi ??`M1 Sherri S. Tanner, Defendant(s). 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 2 Liberty Avenue 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 No. 0 9 - /SS 5, Plaintiff, vs. Sherri S. Tanner, TYPE OF PLEADING: Complaint Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1150 Forge Road Carlisle, PA 17013 THIS Is AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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`'' Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount CIVIL DIVISION Company, No. 09-- /SSS et? ?-ti.--, Plaintiff, vs. Sherri S. Tanner, 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. Sherri S. Tanner is an adult individual residing at 1150 Forge Road, Carlisle, PA 17013, hereinafter referred to as "Defendant." 3. On or about August 30, 2005, the Defendant entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit All and incorporated herein. 4. Pursuant to the Loan Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS Is AN ATTEMPT TO COLLECT A DENT AND ANY INFORMATION ONTAINED WILL BE USED FOR THAT PURPOSE. 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 August 13, 2008. 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 Nine Thousand Four Hundred Sixty Seven and 12/100 Dollars ($9,467.12) as of January 26, 2009. 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 Nine Thousand Four Hundred Sixty Seven and 12/100 Dollars ($9,467.12), with interest thereon at the rate of 22.500% from January 27, 2009, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By: `JWtd. 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 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 I of 3) LENDER (called "We", "Us", "Our") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SOUAREISUITE 101 MECHANICSBURG PA 17055 BORROWERS (called "You", "Your") TANNER, SHERRI S SSII 3991 241 PLAZA DRIVE BOILING SPRIN PA 17007 INITIAL ANNUAL sure?L rONlear PENCENTACE OR PORTION OF AVERAGE DALY BALANCE PERIOM RATE RATE: 01 AND OVER 1.875 % 22.500 % LOAN NO. tIDR UNIT DATE OF LOAN 8100 08130/05 50.0011 50.00 5182 MRGN 8.25( In this Agreement, ')ou', "your' and "Borrower" mean the customer(s) who signs this Agreemect. "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 he bound by this Agreement, sign below, if more than tine 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 INSURANC:B. 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 lost police. Physical damage insurance on vehicle listed under "Security' above, if 'Y' appears under "Insured." nV v nor- our i nG rvu vvrenv rfuare run. AL7u1 I IUNAL MUVI510M AND IMPDKfANT INFORMATION REGARDIM YOUR RIGHTS TO DISPUTE BILUNG ERRORS. VRwWE EXHIBR "???IArII PAOSU71 NT55369BFAN99MA9000PA056671 11 ? WIOIM Personal Ctsdjt Line Account Agreement (Page 2 of 3) AVAILABLE CREDIT. You may obtain funds directly from on or through your special checks up to year awitable credit. Each cmect mud be written for a least $100. Yaw available credit limit is yaw credit limit Ishown on page tun! less the total unpaid balance, including Finance Charges, of your Account. If you make loan peyow a by cheek, we will adjust your evoilsble credit sewn days Sher we receive your dock to allow for check clearing. If you request funds In in amount that would cause you to exceed your available omit, we are not obligated to honer your request. If we do lend you an amount over yaw available credit, you apse to pay us that excess notmemt, plus Finance Cbwps. Immediately. PROMISE TO PAY. You promise to pay Ltom I - W an wo borrowed under this Agreement; a Finance Charges, Administrative Charges John late charge and bad check chargaL and other charges provided in this Agreement; fd credit insurance chant, It any, (dl collection costs permitted by applicable low, including reasonable attorneys' fan (if the attorney is not our salaried emplareal; and W amounts in excess of you credit limit that we may land you, plus Fireman Charges. PAYMENT. You may relay yaw entire outstanding balance at any time without penalty. You may not use your special annals to pay any amounts der under this Agroan emL Became the Fieaoe Charge is computed each day, you will cantam m regarding the exact payoff amount for the day you intend to make full payment. If you do not pay the emirs unpaid balance an yalr Aswan at aup, you agree to pay at lent the minimum pay man shown on yew monthly statement. Payments will be applied me follows First to wry werued but unpaid Finance Cherpea. Second, to any unpaid Administrative charges Ito late charge and bad cheek charge); Third, to any urgeld credit insurance charges; and Fourth, to the unpaid outstanding belaece of yew Account. Any part of yaw monthly payment to be applied to amounts borrowed on your Account will be applied to the amamts borrowed under yaw Personal Credit Line Aecowtt in the Order in which the amounts ware borrowed Any part of yew monthly payment to be applied to Flames Charges will be applied in the same nu mar. MINIMUM MONTHLY PAYMENT. The Minimum Monthly Payment for any billing ayele will be the greater of 111 the greater of $20 or the Variable Paym a Amami for= described boloa6 plus any Administrative Charges and credit insurance charges, rounded to the moment 111; or CIO the Finance Charges due for the billing cycle plus any Adminstrative Charges and credit Insurance charges; or (3) the amount of the Annual Fee assessed to your Account. In each ketance the Minimwn 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 than applicable to yaw Account, and is calculated as follows Meerry Periodic Nets Variable Payment ASieset through 1.33% over 1.33% through 1.65% over 1.45% through 1.57% over 1.571A through 1.70% over 1.79% through 1.B3x over 1.83% through 1.95% over 1.05% 1.43% of Account Balance 1.55% of Account Balance 1.07% of Accwwm Sian 1.80% of Account Balance 1.03% of Acco sx 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 Pbenoe Charge Is calculated from the date that each advance, ehwk or charge is posted to your Account. The Finance Charge is computed by multiplying the swap daily balance in your Aecoun in oath billing eyele times the monthly periodic rats. The average daily balance is determined by totaling all daily unpaid balances In each billing cycle and dividing the total by the number of drys in that cycle (but not Ins then 30L A daily unpaid belnace is the m nowt owed mach day excluding any umpoid Finance Charge, Administrative Charges, Will credit fnewance charges for prier billing cycles. VARIABLE RATE.Vou apse that the monthly periodic rate used in determining your Finance Charge will be a variable rats which may chaps from month to mwttb. 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 Prune Rate applicable to any billing cycle will be the prime rate published in 'The Wall Street Journal', a business newspaper, on the first publieatiom day of the month in which the billing period begins. If a range of rates is published, we will we the highest of the roes in the m?lWhen a change in One Prins Rate is published, a champ in y periodic rote will take affect on the first dry of the first complete billing cycle following the date of the published chance. new rate will apply to new loans and charges, and to the existing balance of you account. The initial monthly periodic rate on your ACCOUnt is Shown on peso one. The monthly periodic race will not exceed that permitted by applicable law. If cirenan- me such ore a change in the law, any covet ruling or discontinued publieetion 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 Champs in the Agreement.' An ineresse in the Prime Rate may increase the Annual Percentage Rate (borrespondiag to the monthly periodic rats) and the minimwn psymant on yaw acctxett. ANNUAL FEE. YON ea?ee to PRY an Annul Foe as stated on pogo one for f+articipOtion In this revolving credit plan. The Inhial Annual Fee is stated M papa a" and is doe and payable on the data that Yaw Aeaaunt is established, NO the WASequM Annual Fee stated on pap one is due and payable m the name day of each subsequent yew. Yoe agree then this foe may bon charged m your Account holance. BAD CHECK CHARGE. If you pay by a cheek which is returned for cry resio% you will par a bad check charge of 1120. LATE CHARGE. If you do not pry any required Minimum Monthly Payment within 15 don after it is due, you eared to pay a Ito Berge of 10% of the Minim uin MentMy payment due or $20. whfchovor is greater lexcludins any impafd into charges and amomms due from prier billing arc". OTHER CFYiRGES. You also earn to pay any amounts actually incurred by Lander for services rendered in connection with the Personal Credit Lima Accown for face paid to public officials in connection with recording, infusing or satisfying a Security Interest in the security. You agree that rose fees may be charged to yaw Amount balance. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit informative concerning you from others` such as storm, other hears, and credit relimm iag agencies. You authorize m to share my information, on a regular beau, we obtain related to yaw Account, including bot no limited to credit reports and insurance informetice% with any of our affiliated corporations, subsidiaries w other third Parties. The uses of this infornruatim may include an inquiry to determine if you qualify for additional offers of credit. You also autharize us to there any Information regarding your Account with any of our affiliated eerperstiom, subsidiaries or other third portiea. Was way prohibit the sharing of such labrasttee (socapt for the sharing of lefarawas agent trneacsleas ar experiences I -- as as sod yes) by seeding a written regsast ubieb canteias Veer fall mass, foetal LarorRy RambN and Address to as at P.O. Son 1547, Chesapeake, VA 22220. It you fail to fulfill the terms of year credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You apes that tie Department of Motor Vehicles for your state's of"iralalt of such department) may refuse yew residence address to us, should it become macessary to loons you. You earn that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. TERMINATION AN CNANOES IN THE AGREEMENT. We can change the terms of this Agreamw4 incowdlng Increasing yaw Ublego Monthly Payment and Increasing the Simplest rots of Flaesce Course, addhg an annul fee abler tees If parented by applicable law, or thongs the Variable saw laden. at say time. Frier wrhbo astka will be provided to yes when required by applicable low lolaes yes consent to the choose before riot lions. Cleages say apply to boa ago ON astsb"mg balance cranks proMbital by applicable low. However, termination of yew credit limit will occur only as provided in the 'Default and Cancellation of Agrewn mt' paragraph Balances outstanding under this AgroOrnnt when the credit limit is reduced or terminated will continue to accrue interest at the variable contract rata until paid in full. DEFAULT AND CANCELLATION OF AGREEMENT. We have the right to require you to pay yaw emirs balance plus all other accrued but unpaid charges Itrmn*iately and to eaaeel yew credit privileges under this Agreement beeaue of fill failure to make any, peones in full when it is der wdw this Agreement; 011 frequent overthrowing of your line of credit, (c) failure to supply us with any information requestnt; h0 supplying us with misleading, false, Incomplete or incorrect informstion; W breaking any of the promises, terms r conditions tlet are contained In this Agrorrnpt; if) the filing of a banhruptay petition by or against you; (gl the death of my borrower who signs this Agreement. After default, you will pay 01w court costs, reasonable attorney fees lif attorney is not our salaried employes), and other collection costs related to the default, if not prohibited by applicable law. You nay be awarded reasonable ettornWs fees if you prevail in an action against us. In the event your credit privilege is cancelled, we have the right to convert you Account to a fixed rata of interest which shall be no higher than the variable contract rate in effect in the time of conversion. TOGS BILLING NIC11T5. KEEP TRIS NOTICE FM FOTSRE OBE. This notice contain lerupoi am Information about your rights ad Lender's responsibilities tondo the Fair Credit Billing Act. Notify Lauder In Casa of Ernes or Ooestiaes About Vow ¦Ilh If you think your bill is wrap, er it you need more information about a transaction on yaw bwrite Leader on a separate shoat at the address listed on yaw bill after the words "Send your billing error notice to 0.andsr's name and oddressl." Writer to Lander as aeon as possible. Londe most hear from you no later than 00 drys after Lender *am yen the first bill on which the error or problem appealed. You can telephone Landw. but doing so will not preserve your rights. In Vow latter, live Lender the following imformatioe a You earns and *amount number The dollar amount of the suspected wror e Describe the error and explain, if you ca, why you believe there is an error. If you need more information, describe the item you are not sure about. You Bloods cad Lssaer's Responsibilities After Leader Receives Veer Milts Natke. Leader must acknowledge your letter within 30 days. unless Lander has enacted the error by than. Within 90 days, Leader must either correct the error or explain why Lender believes the bill was correct. NOTICE: SEE THE FOU_OWING PAGE FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUPE BILUNG ERRORS. WWE 00 1 1i®®1M11®"„N1®'1®,®®,011 PA056672 n7553$$BFNd9RLA9006PAOSS6720muTAWN 111 ORIGrINAi. Personal Credit Line Account Agreement (Page 3 of 3) After Lender receives your letter. Lender cannot try to collect any smoan you question, err report you as dolinqueft Lend son amount you question, including finance charges„ and Lender eon apply amp colMid amount again" your credit IIML you do a" hevei paperto for the , bany yloned amount while Lender is investigmbv& but you are still obligated to pay the parts of you bill that ere not in queelice quest If Lander finds that Lender made a mistake as your WN, You will not have to pry any finance chores related to any questioned omaarL If Lender did not make a mistake, you may have to pay finance cherg", and you will have to make tip any mused payments an the questioned amount. In either case. Lender will seed you a statement of the amount you owe and the date that It is der. If you you ever to ay the amount t aLender thinks you we. Lender nay report Yoo as del lttgeent. However, If L*~* explanation time net satisfy you and Lend Ion days question about your bill. And Lender nrwst tellnyou the namthat you still refuse e of anyone Lander t reported Lender must tell aryone Lender roams you to that you haw matter has been settled between us when it finally is Pored you you to Lando must tell anyone Lender reports you to that she e If Lender doesn't follow these rules. Lander can't collect the first $50 of the questioned smaatL oval If your bill was cerrooL ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIOER. The terms of the Arbitration Agreement and my other Riders signed as Part of this loan transaction are incorporated into this Agreemer?t by reference. APPLICAKE LAW. The terms ant conditions of this Agreement will be governed by the previsions of the Pennsylvania Consumer Discount Company Act, Chapter 7, Sections 6201 through 6221. Purdon's Pameylvonle Statutes Annotated, particularly Section 8217.1. Before signing this Agreement, you have read and received this Agireement and the Federal Troth-in-Leading d"esclesures contained on it. You, the customer(s) signing below, agree to observe the terms and Conditions of this Agreement. This loan is governed by the Pennsylvania Consumer Discount Company Lean Act and applicable Federal low. {SEAL} Customer Signature Date Witness: (SEAL) 03-01-00 RL VR NRE PA056673 sT553689FAN99RLA9000PA0566730a*TMNER a ORIGINAL Witness: - (SEAL) 4 LOAN CLOSING STATEMENT (Page I of 1) REVOLVING LOAN VOUCHER CREDITOR HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUARE/SUITE 107 MECHANICSBURG PA 17055 BORROWERS TANNER, SHERRI S 241 PLAZA DRIVE BOILING SPRIN PA 11007 LOAN NO:. 16182 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.) Initial Annual Fee ............................................................f 50.00 CASH OR CHECK TO BORROWER ...................... ................................ S 2450.00 TOTAL ADVANCE(S) .............. ................................................f 2500.00 BOR WEBS: 08-26-04 RL RL Voucher 0111IN,ININ®91IM11111110M xT553686FAN99RLV9000PA1379210xxTANNER x ORIGINAL PA137921 VERIFICATION 'Patricia L. Hughes ; Recover Specialist for HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn 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. Patx i.cia Hughes } - l co C = Ica v (A 1 T ? ,; rya Sheriffs Office of Cumberland County R Thomas Kline coop of cumber r?a Edward L Schorpp Sheri F- Solicitor Ronny R Anderson Jody S Smith Chief Deputy 0MCE OF T+E SKRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/16/2009 03:40 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2009 at 1540 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sherri S. Tanner, by making known unto herself personally, at 1150 Forge Road Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 (PAID) March 19, 2009 2009-1555 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY VS. SHERRI S. TANNER SO ANSWERS, R THOMAS KLINE, SHERIFF BY i%%9jC/ - DEPUTY C7 0 CA) Household Finance Consumer Disount'Comnany Plaint% Ys. IVIL DIVISION No. 09-155 Sherri S. Tanner Defendant 1 deny this is my debt and if it is my debt, I deny that it is still a valid debt and fit is a valid debt, I deny the amount sued for is the correct amount. Sworn and subsoribed to before me this d of COM ONWEALTH Of PEN lSYLY. FDARCIE ? NEIL, 'Notary i Carlise, Cwnbertan co uro mission EXOiP4 Nov. 24, 200.9 r " r" TJ l ~ rT cz ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~' -, Ronny R Anderson ~;= - ~- _._., ~'~i Sheriff "~" ~''' Jody S Smith r ` c~ `~ ' Chief Deputy - :"' __ . - Edward L Schorpp r- •- _ ,, -' Solicitor ,~~ ; F -.:., ~ _ ~~:.~~~ r_~~ ~, ~. Household Finance Consumer Discount Company Case Number vs. Sherri S. Tanner 2009-1555 SHERIFF'S RETURN OF SERVICE 01/26/2010 02:27 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1425 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sherri S. Tanner, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 East High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Paul Fenton, Teller/Manager, personally three copies of interrogatorie: together with three true and attested copies of the writ of execution and made the contents there of known to him. 01/26/2010 02:21 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1420 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sherri S. Tanner, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria Theodoratos, Senior 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 January 27, 2010 to Sherri S. Tanner at 115C Forge Road, Carlisle, PA 17013. {ci ~~r..untySuile SFe rtf. 7e;ecsoft: Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff, vs. SHERRI S. TANNER XXX-XX-3997 1150 FORGE RD. CARLISLE, PA 17013 and WACHOVIA BANK and METRO BANK TO: METRO BANK 65 ASHLAND AVE. CARLISLE, PA 17013 Defendant, Garnishee, Garnishee. ' C~ ~ ` ~; ~ .-~ C~ -Ti ::.= _~., rr, N ,C~~ _` , ~ ; ? ~, _ -,-, , . c~ ~ { :- -; - ~ : , .,. ::SVI =+ ..~: 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. A,~Sw~ ~ INTERROGATORIES TO GARNISHEE FIRST: At the time you were served or at any subsequent time did you owe the Defendant any money or were you liable 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: Defendant has no accounts at Metro Bank 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: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL DIVISION No. 09-1555 THIRD: At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the Defendant? The scope of this interrogatory encompasses, but is not restricted to, the contents of any bank account(s). RESPONSE: FOURTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount. RESPONSE: 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: SIXTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount. RESPONSE: SEVENTH: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the Defendant had any interest? RESPONSE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EIGHTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount. RESPONSE: NINTH: At any time before or after you were served, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? RESPONSE: TENTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount, and state the date of the transfer and the name and address of the transferee(s). RESPONSE: ELEVENTH: At any time after you were served, did you pay, transfer or deliver any money or property of the Defendant or to any person or place pursuant to their direction or otherwise discharge any claim of the Defendant against you? RESPONSE: TWELFTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, in the case of monetary assets, state the amount, and state the date of transfer and the name and address of the transferee(s). RESPONSE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIRTEENTH: 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 funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption and the entity electronically depositing those funds on a recurring basis RESPONSE: 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 any 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: DATE: ~ i C7 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. Cathy Ann Chromulak, Esq. Beth Arnold Howell, Esq. Teresa K. Fuchs, Esq. Jennifer M. Palonis, Esq. 401 Technology Drive Suite 202 Canonsburg, PA 15317 (724) 916-2400 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levv Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ~ ~._~'` ;` J (SIG ATURE) r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. SHERRI S. TANNER, and Defendant(s), WACHOVIA BANK AND METRO BANK, Garnishees CIVIL DIVISION: No. 09-1555 TYPE OF PLEADING: ~ N O ~ G w O " ' 'i7 t,'L7 ~` E-r ~ 1 W ~ ~~ =~ ~ ~ ~ ~ nQ , ~ ~: - ~ ~ ~ r' ~= ~ ~ =L =~=.~ v 3 c~--- ~ s~sy ~G Q '~ "'~ w Praecipe to Settle & Discontinue Against Garnishees ONLY TYPE OF CASE: Civil Action FILED ON BEHALF OF: Plaintiff s Address: 2700 Sanders Road Prospect Heights, IL 60070 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID N0.42067 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. 401 Technology Drive, Suite 202 Canonsburg, PA 15317 (724) 916-2400 ~$.oo PO A'r'r~l dlLtr (,x.03 ~ a~ly3~ 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 CIVIL DIVISION: DISCOUNT COMPANY, Plaintiff, No. 09-1555 vs. SHERRI S. TANNER, and Defendant(s), WACHOVIA BANK AND METRO BANK, Garnishees. PRAECIPE TO SETTLE & DISCONTINUE AGAINST GARNISHEES ONLY TO THE PROTHONOTARY: Please settle & discontinue this action against the above garnishees and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: n >_ ~r~. CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 401 Technology Drive, Suite 202 Canonsburg, PA 15317 Sworn to and subscribed Before me this ~_day of~_ , 2010. THIS IS AN ATTEMPT TO ~ COLLECT A DEBT AND ANY Notary Pu lic INFORMATION OBTAINED WILL COMMONWEALTH OF PENNSYLVANIA BE USED FOR THAT PURPOSE. Notarial Seal Heather L. Hatfield, Notary Public Cecil Twp., Washington Courriy My Commission Expires June 29, 2010 Member, Pennsylvania Rssociation of Notaries 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 Garnishees Only was served upon the following by First Class Mail, postage prepaid on this 4th day of FEBRUARY 2010. WACHOVIA BANK C/O JON C. SIRLIN, ESQ. 1529 WALNUT ST., SUITE 600 PHILADELPHIA, PA 19102 METRO BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 SHERRIS.TANNER 1150 FORGE ROAD CARLISLE, PA 17013 ~~ ~~~-~- 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. .,, s Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND .COUNTY ~°~~~r of 41ain~A~.~~~~ ~_ c ,' f~1•I~r(: 1~ rye sLri~zirr= ~~ '~ -c~TAAY; 14 AUG3t A~'t 8~5t Household Finance Consumer Discount Company Case Number vs. 2009-1555 Sherri S. Tanner ~~v ~ut~tcY SHERIFF'S RETURN OF SERVICE 01/26/2010 02:27 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1425 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sherri S. Tanner, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 604 East High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Paul Fenton, Teller/Manager, personally three copies of interrogatorie: together with three true and attested copies of the writ of execution and made the contents there of known to him. 01/26/2010 02:21 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1420 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sherri S. Tanner, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Maria Theodoratos, Senior 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 January 27, 2010 to Sherri S. Tanner at 115C Forge Road, Carlisle, PA 17013. 08/30/2010 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: $142.98 SO ANSWERS, /,/{'/f/%I/~ August 30, 2010 RON R,~NDERSON, SHERIFF By haron R. Lantz ~ CU ~~.ao ~ ~~ ~ ~ ~a~ r~s (c) CountySui[e Sheriff. Teleosoff Inc. !