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HomeMy WebLinkAbout05-2514IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. OS - 0?51 y C.I U Plaintiff, VS. BARRY MILLER a/1, a BARRY J. MILLER, TYPE OF PLEADING: Complaint TYPE OF CASE: Defendant. Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1128 NEWVILLE ROAD CARLISLE, PA 17013 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, CIVIL DIVISION Vs. ??, /I ?'j? No. OS-- dSly Ltu: ,,, BARRY MILLER a/k/a BARRY J. MILLER 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 OR 800-990-9108 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 BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. BARRY MILLER a/k/a BARRY J. MILLER, Defendant. CIVIL DIVISION No. 0s--a2S'JY C;OZL'- -c COMPLAINT AND NOW COMES, the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof: 1. BENEFICIAL 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. BARRY MILLER a/k/a BARRY J. MILLER is an adult individual residing at 1128 NEWVILLE ROAD, CARLISLE, PA 17013. 3. On or about SEPTEMBER 27, 2001, 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. 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 NOVEMBER 26, 2004. 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 THIRTEEN THOUSAND, ONE HUNDRED TWENTY 471100 ($13,120.47) DOLLARS as of MARCH 29, 2005. 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 costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of THIRTEEN THOUSAND, ONE HUNDRED TWENTY 47(100 ($13,120.47) DOLLARS, with interest thereon at the rate of 22% from MARCH 29, 2005, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By-A CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 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 1 of 3) LENDER (called "We", "Us", "Our"I BENEFICIAL CONSUMER DISCOUNT COMPANY .419 STONEHEOGE DRIVE SUITE 2 CARLISLE PA 17013 BORROWERS (coded "You", "Your") MILLER, BARRY SS# 199388942 1128 NEWVILLE ROAD CARLISLE PA 17013 LOAN NO: 711715-1'7-503853 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 ('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. If more than one person signs, each will be responsible for repaying all sums advanced under this Agreement. Your Personal Credit Line Account 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. YOU ARE GIVING US A SECURITY INTEREST COVERING; INSURED YEAR DESCRIPTION Y PERSONAL PROPERTY ON EXHIBIT 1 MAKEIMODEL SERIAL NUMBER REQUIRED INSURANCE. You may obtain any required insurance from anyone you choose and may assign any other policy of insurance you own to cover the security for this loan. You must have insurance covering security for this loan as indicated by the word "YES" below, naming us as loss payee. Physical damage insurance on vehicle listed under "Security" above, if "Y" appears under "Insured". Physical damage insurance on other property under "Security" above, if "Y" appears under "Insured". NOTICE SEE THE FOLLOWING PAGES F''OI''RaaADDITIONAL ??ryPPpROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE SILLINt ERRORS. 1YWIY11MIIUIIRII EXHIBIT ?fln N91AApWIWIII1111I111111 03-01-00 F NRE NYY IIII O?II ?IIOIIIIII??NN IIUUQQ IIUI?R?? pA856311 "M144O15FAC97RLA90GaPA85631IOK t t , I ORIGINAL Personal Credit Line Account Agreement (Page 2 of 3) AVAILABLE CREDIT. You may obtain funds directly from us or through your special checks up to your available credit. Each check must be written for at least $100.00. Your available credit Is your "edit 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 net obligated to honor your request. If we do land you an amount over your available credit, you agree to pay us that excess amount, plus Finance Charges and Over the Credit ,Limit Charges, if any, immediately. PROMISE TO PAY. You promise to pay Lender. (a) amounts borrowed under this Agreement; (b) Finance Charges, Administrative Charges lifts charge, bad check charge, and over the credit limit charge), and other charges provided in this Agreement; (o) credit insurance charges, if any; (d) collection costs permitted by applicable law, Including reasonable attoresys' fees; and (e) amounts in excess of your credit limit that we may land you. PAYMENT. You may repay your emirs outstanding balance at any time without penalty. You may net use your special checks to pay any amounts due under this Agreement. 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 all once, you agree to pay at least the Minimum Payment shown an your monthly statement. PAYMENT AMOUNT. The memhly repayment amount, consisting of Finance Charge and Principal, necessary, to completely repay the Principal Saimaa and applicable Finance Charge during the time period represented by the Payment Factor indicated below, assuming no additional advances are taken. Yom Initial Payment Amount is calculated using the Payment Factor shown below. Every time you take en additional cash advance, the Payment Amount an your Account will be recalculated using the Payment Factor she" below. Once your Payment Amount is determined, this amount will remain fixed for subsequent billing Periods until a new advance is posted to your account. When this occurs, your Payment Amount will be recalculated based on the Payment Factor of the new principal balance. PAYMENT FACTOR. The time period in months during which, if each Payment Amount is paid an the Due Date specified on the billing statement, the Principal Balance and applicable Finance Charge will be fully repald. The appropriate Payment Factor Is determined with reference to.the following schedule: Principal payment eeleaca Factor fmoatke) $0 -1112,500 36 52,501 - $5,000 60 $5,001 - S1O,000 72 $10,001 - $15,000 54 MINIMUM PAYMENT. The Minimum Monthly Payment for any billing cycle will be the greater of $25 or the Payment Amount (as described above) plus any Annual Fes, Insurance Charges, Administrative Charges end any amounts past due. APPLICATION OF PAYMENTS. Your payments on this Account are applied in the following order, (a) past due insaenca charges, if any, Ike) past due Finance Charge, (c) past due additional charges such as Bad Check Charges, if any, (d) pest due Principal, (a) currently due insurance charges, if any, (f) currently due Finance Charge, (g) currently due additional charges such as Bad Check Charges, if any, (h) currently due Principal. FINANCE CHARGE. The Finance Charge Is the interest charged on your Account during such billing cycle. A Finance Charge Is calculated from the date that each advance, check or charge is posted to your Account. A 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 daily unpaid balances In each billing cycle and dividing the total by the number of days in that cycle. A dally unpaid balance is the amount owed each day, excluding any unpaid Finance Charge, Administrative Charges and credit insurance charges for prior billing cycles. SECURITY. You agree to give us a security interest in the property Identified on page one, which will secure all indebtedness, including future advances under this Agreement. ANNUAL FEE You agree to Pay an Annual Fee for participation in this revolving credit plan. The Initial Annual Fee stated on page one is due and payable on the date thin your Personal Credit Line Account is established and the Subsequent Annual Fee stated on page one is due and Payable on the same day of each subsequent year. You agree the these charges may be charged to your Account Balance. BAD CHECK CHARGE. You will pay a fee of $20 If any payment check Is returned because of insufficient funds or is otherwise dishonored. You agree that Lender may deduct this charge from a monthly payment. LATE CHARGE. If you do not pay the Minimum Payment within 15 days after the due data shown on your billing statement, we will charge you a late charge equal to the greeter Of 10% of the payment amount or $20.00. OVER THE CREDIT LIMIT CHARGE. We may charge you $25.00 If you issue a special check for which you do not have sufficient available credit and which is returned to us by the bank on which it is drawn. OTHER CHARGES. You agree to pay any amount actually incurred by us in connection with the Personal Credit Line Account for personal property taxes and recording and release fees. You agree that these fees may be charged to your Account balance. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain related to your Account, including but not limited to credit reports end 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 there any Information regarding yew Account with any of our affiliated corporations, subsidiaries w other third parties. Tee may prohibit the skating of seek Isformatin (except for the shoring of latarmWea .beet transactions or agwrlescaa ?etweas is tad you) by sndisg a written request which contain year fall Dome, Social socerity Member red Address to ma at P.O. Box 1547, Chesapeake, VA 22220. If you fell 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 thin the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel cry listen to telephone calls between you and cur representatives in order to @values the quality of our service to you. TERMINATION AND CHANGES IN THE AGREEMENT. We can terminate year rUkt te sbtais additional advances or cheage the terms of this Agraameat, lacldleg Itcresslng the rate of Ffamace Change at any time. Prior wrIUmm settee will be provided G yes wk es required by applicable law ealess you comment to the cbsage before that time. Changes may apply to both now and sabtedlat balms males, prohibited by applicable law. 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 privileges under this Agreement because of (a) failure to make any payment in full within 30 days after due antler this Agreement; (b) frequent overdrawing of your line of credit; (U failure to supply us with any information requested; fall supplying us with misleading, false, incomplete or Incorrect information; (a) breaking any of the promises, terms or conditions that are contained in this Agreement; IN the filing of a bankruptcy petition by or against you; IV) the death of any borrower who signs this Agreement. After default, you will pay our court costs, reasonable attorney fees (It attorney Is not our salaried employee), and other collection costs related to the default, if not prohibited by applicable law. You agree that, should we obtain judgment against you, a portion of your disposable warnings may be attached or garnished (paid to us by your employed, as provided by Federal law. Any balance outstanding under this Agreement when the credit limit is terminated will continuo to eocrue interest a the contract rate until paid in full. You agree to pay Interest on any judgment at the contract rate. ,DUN BILLING RIGHTS. SEEP THIS NOTICE FOR FUTURE USE. This notice Contains important information about your rights and Lender's responsibilities under the Fair Credit Billing Act. Nstiry Lender Is Case of Errors or Senseless Abell Tan Bill. 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 Inc. Sander'S name and address).' Write to Lender as soon me possible. Lender must hear from you no later than e0 days after Lender sent you the first bill on which the error an problem appeared. You can telephone Lender, but doing so will not preserve Yom rights. In your letter, give Lender the following Information: 1) Your name and account number 2) The dollar amount of the suspected error 31 Describe the error and explalm If you can, way you believe there is an error. It you need more Information, describe the item you are not sure about. NOTICE: SEETHE FOLLOWING PAGE FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS. 03-01-00 F NRE all PAB56312 IIINII ION IallIBill ININII I®111111INloll IIII IRA144D15FAC97RLA9000PAG56312ON"MILLER a ORIGINAL Personal Credit Line Account Agreement (Page 3 of 3) Year Rithu sea Lester's Respessibilitles Attar Lender Receives Yogi Wrlttea Notice. Lander must acknowledge your letter within 30 days, unless Lander has corrected the' error by than. Within 90 days, Lander must either correct the error or explain why Lender believes the bill was correct. After Lander receives your letter, Longer cannot try to collect any amount you question, or report you as dalirqueM. Lender eon cominue to bill you for the amount you question, including finance charges, and Lander tan apply any unpaid amount against your credit limit. You do not have to pay any questioned artwum while Lantler Is imemigating, but you are still obligated to pay the parts of your bill that are not in question. If Lander finds that Lander made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If Lender did not. make a mistake, you may have to pay finance charges, and you will have to make up any missed payments an the questioned amount, in either case, Lender wilt 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 does not satisfy you and You write to Lander within ten days telling Lander that you still refuse to pay, Lander must tall anyma Lender reports you to that you have a question about your bill. And, Len der must tall you the name of anyone Lander reported you to Lander must tell anyone Lander reports you to that the matter het been sallied between us when it finally ls.lf Lender doesn't follow these rules, Lander can't collect the first $50 of the questioned amount, even if your bill was correct. .. If Larder doesn't follow these rules, Lander can't collect the first SSO 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 are Incorporated Into this Agreement by reference. APPLICABLE LAW. The terms and conditions of this Agreement will be governed by the provisions of the Pennsylvania Consumer Discount Company Act, Chapter 7, Sections $201 through 8221, Purdon't Pennsylvania Statutes Annotated, particularly Section 0217. Before signing this Agreement, you have road and received this Agreement and the Federal Truth-In-Lending disclosures contained in it. You, the customer(s) signing below, agree to observe the terms and conditions of this Agreement. rLAftt,(? (SEAL) Customer Sign M 106 Date: /' .0 / t witness: (SEAL) (SEAL) Customer Signature Data Witness: (SEA L); 63-01-00 F NRE MA144015FAC9IRLA9000PAB563130XVt LLER PASS8313 milli ORIGINAL VERIFICATION Nikole Moon, Recovery Specialist for Beneficial 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. C Nikole Moon Ul LQ G G', Gi W t?+ `7 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02514 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MILLER BARRY AKA BARRY J MILLE BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER BARRY AKA BARRY J MILLER the DEFENDANT , at 1429:00 HOURS, on the 23rd day of May 2005 at 1128 NEWVILLE ROAD CARLISLE, PA 17013 by handing to BARRY MILLER 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 3.70 Affidavit .00 T Surcharge 10.00 R. Thomas Kline .00 31.70 05/24/2005 CHROMULAK & ASSOCIATES Sworn and Subscribed to before By: me this 16 day of Dep Sheriff 1s? ti A.D. 9 Prothonotary THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, No. 05-2514 VS. BARRY MILLER a/k/a BARRY J. MILLER, TYPE OF PLEADING: Praecipe for Default Judgment Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1128 NEWVILLE ROAD CARLISLE, PA 17013 Dated: JUNE 27, 2005 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: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQUIRE PA ID NO. 42067 MELISSA A. SHENKEL, ESQUIRE PA ID NO. 91445 MAUREEN A. DOWD, ESQUIRE PA ID NO. 90549 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4"' Floor Canonsburg, PA 15317 (724) 916-2400 TO: PROTHONOTARY Please enter judgment by default against the within-named defendant, BARRY MILLER a/k/a BARRY J. MILLER, for failure to file an Answer as follows: Amount Claimed in Complaint: $13,120.47 Interest from 3/30/05 through 6/27/05: 628.56 Costs of Collection through 6/27/05: 496.20 TOTAL $14,245.23 With interest accruing on the total balance of $14,245.23 at the rate of 6% per annum, together with additional costs of suit. BY CATHY ANN CHROMULAK, ESQUIRE MELISSA A. SHENKEL, ESQUIRE MAUREEN A. DOWD, 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 undersigned authority, a Notary Public in and for said County and State, personally appeared MELISSA A. SHENKEL, ESQUIRE, attorney for and authorized representative of plaintiff who, b eing 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 JUNE 14, 2005 by cent ate of mailing in accordance with Pa.R.C.P. 237. 1, as evidenced by the attached copy. Sworn to and subscribed before me This day of?, 2005. ATHY C R AK, ESQUIRE MELISSA A. SHENKEL, ESQUIRE MAUREEN A. DOWD, ESQUIRE r?? J - THIS IS AN ATTEMPT TO Notar?{r{pI4)DIWEALTH PENA COLLECT A DEBT AND ANY Notar?I3eat Michellel.- to NotarYPublic INFORMATION OBTAINED WILL cedl Twp., Washingror, ' ty BE USED FOR THAT PURPOSE. My Commissia'r ExPire? JWY 7, 2008. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, Vs. BARRY MILLER A/K/A BARRY J. MILLER Defendant(s) TO: BARRY MILLER A/K/A BARRY J. MILLER 1128 NEWVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: JUNE 14, 2005 CIVIL DIVISION No. 05-2514 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 COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By: ? L SCATHY ANN CHROMULAK, ESQ MELISSA A. SHENKEL, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 ?r a YP a T V (? l FV, I $V O 3 g gggi gd s moH i @ a w 0 ? ? jo z D 7r O O? ? A ?' '< ? m ti ?' o? w r `v u c`' 9 y rq lx Y? n y m> w ,a z H ?Ytv REV bn b.'a 7aroYZv $? ']'yam' v, 1 4 c?aCi G? O A rF ? [ i tai ?yY n b "r ;v ?c 2 b'''r bfs xr,S ?$i ca4 ,D tbra???Otn ? nO ??a ? y q ,C C `r ,2r x S tin rho O ?' y ? :. a ? Y ,a ti fi7 H ?, ? Fc?n H n y ZC ? f? a !a y `y. i Db ?r K co w ? co r m ? ?: K ro y B' „ri. ? v v > r $ c? ro? u? v ?r ti ro u? y N a a a o? o Ottpp N ?n ?+ IG D? ?O ? N N h q ob ?-4 y p N ` o° V ? a ?p Ja P 0 unt,.. Zt,. N J? (? b?' q.? ? r Ct =S -i ?CJ ? ;47'n Q O r ? THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 05-2514 Plaintiff, VS. BARRY MILLER a/k/a BARRY J. MILLER, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: BARRY MILLER a/k/a BARRY J. MILLER 1128 NEWVILLE ROAD CARLISLE, PA 17013 (X) Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on JtL.O'le- .2qi ,zpuS O A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $14,245.23 plus interest at the rate of b% 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. BARRY MILLER a/k/a BARRY J. MILLER, and M & T BANK, Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1128 NEWVILLE ROAD CARLISLE, PA 17013 Garnishee's Address: I W. HIGH STREET CARLISLE, PA 17013 Date: JULY 12, 2005 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL L BE USED FOR THAT PURPOSE. Plaintiff, CIVIL DIVISION No. 05-2514 TYPE OF PLEADING: PRAECIPE FOR A WRIT OF EXECUTION Defendant, FILED ON BEHALF OF: Garnishee. BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. BARRY MILLER alk/a BARRY J. MILLER, and M & T BANK, Plaintiff, Defendant, Garnishee. CIVIL DIVISION No. 05-2514 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 BARRY MILLER a/k/a BARRY J. MILLER, defendant, and 3. against M & T BANK, garnishee, 4. and index this writ a. against BARRY MILLER a/k/a BARRY J. MILLER, defendant, and b. against M & T 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. Amount of Judgment Additional Interest to Date (Costs to be added) Pursuant to Writ of Execution And Service of Writ F THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY L INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. $14,245.23 $ 35.55 $14??,28,,??0.78 '/C \ MELISSA A. SHENKEL, ESQ. m c ? r o 0 -?c G Cy L d w 51, -o ? t ?' -- -3 c C C p ? o G , t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From BARRY MILLER A/K/A BARRY J. MILLER, 1128 NEWVILLE ROAD, CARLISLE, PA 17013 (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 M & T BANK, I W HIGH STREET, CARLISLE, PA 17013 - INTERROGATORIES - PURUSANT TO 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 $14,245.23 L.L. $.50 Interest $35.55 Arty's Comm % Due Prothy $1.00 Any Paid $113.70 Other Costs Plaintiff Paid Date: JULY 14, 2005 CURTIS R. LONG Prothonota (Seal) ?By Qj), e x110 S Deputy REQUESTING PARTY: Name MELISSA A. SHENKEL, ESQUIRE Address: CHROMULAK & ASSOCIATE, L.L.C. 375 SOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 91445 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-02514 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS MILLER BARRY AKA BARRY J MILLE And now MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0014:10 Hours, on the 15th day of July , 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MILLER BARRY AKA BARRY J MILLER , 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 TOM GOHU (BSA II) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to His . Sheriff's Costs: So answers: Docketing .00 ?./ Service .00 Affidavit .00 f Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberland County .00 07/1805 By Deputy Sheriff Sworn and subscribed to before me this /q day of L ?2av? A.D/./J\? ProtRoMotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. BARRY MILLER a/k/a BARRY J. MILLER, 1128 NEWVILLE ROAD CARLISLE, PA 17013 and M&TBANK Plaintiff, Defendant, Garnishee. TO: M & T BANK 1 W. HIGH STREET CARLISLE, PA 17013 0 92005 RXI 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. 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: 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: CIVIL DIVISION No. 05-251 4 `?-?- wGC?? z4 C. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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: 'N U 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: V'? v 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: fJ v 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: Records do not reflect nfnrn?atlnn requested 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? records do not reflect RESPONSE: information requesteo THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL. BE USED FOR THAT PURPOSE. Records do not reflect nfnr,,-finr requested 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: KHLL M&T BANK Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. DATE: 1 Z L)-s- By: Cathy Ann Chromulak, Esq. Melissa A. Shenkel„ 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. N_ ? - w -» ; ? m?'T C ni ?" c-? r _ ro {T'? ?? ? ?r) I C. ?""??-rl. '' ' fi't': . f_.:: , =? :? c n ? as IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. BARRY MILLER a/k/a BARRY J. MILLER, Defendant, and M&T BANK, Garnishee. CIVIL DIVISION No. 05-2514 PRAECIPE TO DISCONTINUE AGAINST GARNISHEE ONLY TOPROTHONOTARY: Please discontinue this action against the above garnishee, M&T BANK and mark the docket accordingly. Sworn to and subscribed Before me this 15 day of, 2005. Not PJtWMbNWEALTH OF PENNSYLVANIA Nolan # Seal Michelle L JNaot3. Notary Public Cecil Twp N ',,"in 4f n t.)riunly MyCommis?ci r ?> .luly 7, 2008 Member, Pennsylvania Association Of Notaries Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By:--?? C H?fT Y ANN CH[ROMULAK, ESQUIRE MELISSA A. SHENKEL. ESQUIRE Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Melissa A. Shenkel, Esquire, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue Against Garnishee Only was served upon the following by First Class Mail, postage prepaid on this 15 day of AUGUST, 2005. M&T BANK TALIA P.O. BOX 844 BUFFALO, NY 14240 BARRY MILLER a/k/a BARRY J. MILLER 1128 NEWVILLE ROAD CARLISLE, PA 17013 elissa A. Shenkel, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C7 ? ?-, ` ? `?' o ? ? - ? . ? c r„ r op -? . ??,? ?, ? _,rn I' ? ? 0 7?.J ? r ? ?? 1=['> _?\ ,? _,_ ,vi"" ?- N r' t-t? J? ? :J j . i i ? -.. 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: Docketing 18.00 Poundage 1.45 Advertising Law Library .50 Prothonotary 1.00 Mileage 4.00 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9 ' ©? TOTAL 73.95 So this day o 2006 A.D. ? ?bG?aG Ansr ; rothonotary E 0 :11 b S I Irr 5001 Advance Costs: 150.00 Sheriffs Costs 73.95 76.05 Refunded to Atty on 5/16/06 Sworn and Subscribed to before me R. Thomas Kline, Sheriff By ?o ek- 013L /I F F`Jl WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff (s) From BARRY MILLER A/K/A BARRY J. MILLER, 1128 NEWVILLE ROAD, CARLISLE, PA 17013 (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 M & T BANK, 1 W HIGH STREET, CARLISLE, PA 17013 - INTERROGATORIES - PURUSANT TO 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 $14,245.23 L.L. $.50 Interest $35.55 Atty's Comm % Due Prothy $1.00 Atty Paid $113.70 Other Costs Plaintiff Paid Date: JULY 14, 2005 CURTIS R. LONG Prothonotary (Seal) 5V eyliz kf - Deputy REQUESTING PARTY: Name MELISSA A. SHENKEL, ESQUIRE Address: CHROMULAK & ASSOCIATS, L.L.C. 375 SOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 ?? t _?``' Supreme Court ID No. 91445 It ? °. t ..: J T^ p$ 4q 6 n rct --? r F,:4^r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. BARRY MILLER A/K/A BARRY J. MILLER, Defendant(s). Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION: No. 05-2514 TYPE OF PLEADING: Praecipe to Satisfy Judgment TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA NO. 42067 TH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS9 ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4"' 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 BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. BARRY MILLER A/K/A BARRY J. MILLER, Defendant(s). CIVIL DIVISION: No. 05-2514 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please satisfy the judgment against BARRY MILLER A/K/A BARRY J. MILLER, at No. 05-2514, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By:_ 5M.6? $Vca. CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this ? day of , 2009. wkt. 4a Notary P blic COMMONWEAL rh OF PENNSYLVX,,'1,% V013rial Seal Heather L. t ;afield, Notary public Cecil TWP,, Washinrion County ' Commissic;; Expire.; .t.;no 29, 2010 MCmbC" ?srnsyivania t:socia:io;: of !Vuardc, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, counsel for BENEFICIAL 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 22ND day of MAY 2009. BARRY MILLER A/K/A BARRY J. MILLER 1128 NEVWILLE ROAD CARLISLE, PA 17013 Rzu? 1 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. FILF 2009 HAY 27 AN 10: 5 f`CE` C.I $8.0o PD A7T/ Co 7 M q E.T* as ff70a