Loading...
HomeMy WebLinkAbout06-2275IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, CIVIL DIVISION Vs. No. n(n - C-tot L )e/z-" L. POWLEY A/K/A STACY POWLEY 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, CIVIL DIVISION No. 6b-,lo qs Civil `Terrn Plaintiff, VS. STACY L. POWLEY AWA STACY POWLEY, TYPE OF PLEADING: Complaint TYPE OF CASE: Defendant. Plaintiff s Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 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 NANCY C. WILKINS, ESQ. PA ID NO. 94178 JESSA C. MARTIN, ESQ. PA ID NO. 201169 AMY L. SABOLCHICK, ESQ. PA ID NO. 94653 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4m Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. Plaintiff, vs. STACY L. POWLEY A/K/A STACY POWLEY, Defendant. 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. STACY L. POWLEY A/K/A STACY POWLEY is an adult individual residing at 108 SOUTH ENOLA DRIVE, ENOLA, PA 17025. 3. On or about NOVEMBER 15, 2004, Defendant entered into a written Loan Agreement with the Plaintiff, as evidenced by the Endorsed Check, 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 4, 2005. 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 EIGHT THOUSAND FOUR HUNDRED EIGHTY-SIX AND 62/100 ($8,486.62) DOLLARS as of MARCH 2, 2006. 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 costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of EIGHT THOUSAND FOUR HUNDRED EIGHTY-SIX AND 62/100 ($8,486.62) DOLLARS, with interest thereon at the rate of 25.698% from MARCH 2, 2006, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By:??L CATH N CIIROMULAK, ESQ. PA ID NO. 42067 NANCY C. WILKINS, ESQ. PA ID NO. 94178 JESSA C. MARTIN, ESQ. PA ID NO. 201 169 AMY L. SABOLCHICK, ESQ. PA ID NO. 94653 Attorneys for Plaintiff 375 Southpointe Boulevard THIS IS AN ATTEMPT TO 4`s Floor COLLECT A DEBT AND ANY Canonsburg, PA 15317 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. O r X O O r ? t ? ?i ru r ? r r "J r r r r r ru J3 to r ? ? O 0 O O ? O O n . ?v - Y o 0 N J ;2 z a e M m C a m n C7 A 9 cr A ?t O? N r H V 7 rt-O V..L - a < cr .+ Coto ?D5s r my???i i = a C O O I i ? M _ -0 w0; ? 0 Mtn "A y (A r CD: > tD . 7 QO1 A CD y a j. v o z m s: y m0O A o ? ag n 0 0 ?o J J t ?- G C b O G ? N C ?. .4 O ? p s y O a A oC ? W O t/1. J N e y a oo? or c ..fie 00 ? J N ! O ! v O? 0 O C11 B ? a ? D x D w m ?pwi? Mw ue{ry sV ro4r it Iii It cn n O Cn al w I n) oooomo?l a1Cfl00X V A W NA-3 A ?I II oCno 00-3 { +-- I P )o :C CD 0o00tU f J 00ow II ?--WA?p UD (z) CO U1 Q? ' t: ,I'? ma Psi ,"- I! W' ru rtJ N ao 1D co wVAM _u 1> CG S' :??? ?'e'.-? IGO"U- 90-4 r ? l 1 L Q?ffl h lb •saa ?. pus;saja}u 41'1+ isdaj 3 8 ! }snw IsU= usb! ?I ?lnia R s II!m 43aya 16uta IS 'p7 "*Pt PUB yaq Ina uro1 W s ?WPr Wr of Na ggtAtd etrd S S? 6 m N+u"Ard lo.ran4SlW?ro.FG 3 z Q rpM 4or?no+ApW oiappuoa ot4 tuuaf eroA F+FWu AA?B 6g Yfi e! .i cat eg es R"Dred,„om,Mr-n . El DO NM SHARE „ea -1-d-1) {9 N NrCy S v g m1?C? 3 " d SIC ' ? 9 E-0 y e ,aft, `? m for gat: o? dH PROMISSORY NOTE AND DISCLOSURES CREDITOR (Called "We', "Us", 'Our'): BORROWER (Called 'You', 'Your"): Beneficial Consumer Discount Company 216 Chippewa Town Center Beaver Fells, PA 15010 Sample A. Sample Oct 2004 Pros 439 46, C010pabem011 Aliquippa, PA 150011369 ANNUAL PERCENTAGE RATE a FINANCE CHANGE Amount Fiaancetl Total of Payments Date The cost of your credit as a The dollar amount the credit The amount rn credit The amount you will have of yearly rate. will cost you. provided to you or on paid after you have made ell Loan your behalf. payments as scheduled. 26.772% $5,7118.45 $7,000.75 $12,769.20 a October 18,2804 ,e Your Payment Schedule will be: Number of Payments Amount of Payments Wharf Payments Are Due: 60 $212.82 Monthly, beginning on the Payment Due Date shown on the first Billing Statement. Prepayment: II you pay oft early, you may be entitled to a refund of pad of the Finance Charge. Late Charge: It you doml pay any payment in 10 days after its data, you adll also pay 1.112%per month on the amount overdue (subject to a $1.00 minimum charge). See below for any additional information .hour nonpayment delaug, any required remyment m full before the scheduled date, and prepayment refunds and penalties. e means an eslimete PROMISE TO PAY. By sign, the anacfad check, you agree to the tents Of In* Promissory Note and Disclosure and promise to pay us the Total of Payments 0he sum d Finance Charge pals the Amount Fnaeed) in monthly pa,ma ds, as stated above. Finauce Charge includes a nonalundable fee of $150.00 and imaeresl which has been calculated in advance at the Contract Rate d 25.60% car year on the scheduled unpaid balances on fire assumptions the payments are made on lime. DATE ON WHICH FINANCE CHARGES BEGIN. PAYMENT DATES. This ban wll be consummated on the data you cash the check for the loan proceeds which you received with this Promissory Note and Disclosures. Finance Charges we begin on the dale the check is cashed. PREPAYMENT. If you fully pay before IRS Twl payment due dam, the amount you owe will be reduced by ureamred Finance Charges rout net the Service change) determined by the Rub of 78hs. LATE CHARGE. If you donl pay any payment in 10 days after es due, you wit also pay 1-112% Far month on the amount overdue (subject to a $1.00 minimum charge). BAD CHECK CHARGE. We wal charge you A Ix of 5201 any payment check is returned because d nsulr¢int funds or IS othease dishonored. You agree that we may deduct the charge from a monlby payment. FAILURE TO PAY. It you donl pay any payment on lea (a) all your payments may become due of once and without notifying you before bringing aW, we may sue for tut total amount you owe less any unearned France Charges you would Receive B you July prepaid, and (b) you wig also pay our reasonable anorney fees. a the nuemey is not our salaried employee, for legal proceedings to correct this ban or maliEe on secmlty. ALTERNATIVE DISPUTE RESOLUTION. Terms of the Arbitration Provision is provided with the Promssory Note and Disclosure and is incoreorated herein by reference. CREDIT REPORTING AND CUSTOMER INFORMATION PRACTICES. It you tail to IuMill the terms d your credit obligation, a negative report reflecting on your credit record may be submfied to a Credit Rapodiy Agaay. You .,,as dot the Department of Motor Vehicles (m your stales nyuivalent of such depairmerm may release your ..done. address to us, should a become necessary to bcale you. You agree the our supervisory personal may listen to telephone calls between you and our representatives in miter to evaluate the gality of our service to you. For more information regarding our privacy practices, please reler to the eebsed Privacy Statement. ITEMIZATION OF AMOUNT FINANCED. The entire Amount Financed hmram above) wll be given direly to you e2 antl o? 119151PA-471051204 213712PA(10/W)439 PACNLB PAN56.06 VERIFICATION Dawn Richt, Recover Specialist for BENEFICIAL CONSUMER DISCOUNT COMPANY Deposes 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. Dawn Richt n ? - V L - o ? VI) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. STACY L. POWLEY a/k/a STACY POWLEY, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 Dated: JUNE 6, 2006 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL DIVISION No. 06-2275 - CIVIL TERM TYPE OF PLEADING: Praecipe for Default Judgment TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQUIRE PA ID NO. 42067 LORI M. DIRENZO, ESQUIRE PA ID NO. 201843 NANCY C. WILKINS, ESQUIRE PA ID NO. 94178 JESSA C. MARTIN, ESQUIRE PA ID NO. 201169 AMY L. SABOLCHICK, ESQUIRE PA ID NO. 94653 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, STACY L. POWLEY a/k/a STACY POWLEY, for failure to file an Answer as follows: Amount Claimed in Complaint: Interest from 3/03/06 through 6/06/06: Costs of Collection through 6/06/06: TOTAL With interest accruing on the total bah with additional costs of suit. 1/1 BY $8,486.62 -0- 518.90 $9,005.52 of 9$ ,005.52 at the rate of 6% per annum, together LORI M. DIRENZO, ESQUIRE NANCY C. WILKINS, ESQUIRE JESSA C. MARTIN, ESQUIRE AMY L. SABOLCHICK, 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 Judgment was mailed to defendant on MAY 24, 2006 by certificate of mailing in accordance with Pa.R.C.P. 237. 1, as evidenced by the attached cop Before me the un rsiSned auth a of Public in and for said Count and State, personally appeared, hM?J _ ?V(I k1o i ? Z ESQUIRE, attorney for and authorized representative of Wfintiff 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 LORI W. DIRENZO, ESQUIRE NANCY C. WILKINS, ESQUIRE JESSA C. MARTIN, ESQUIRE AMY L. SABOLCHICK, ESQUIRE Sworn to and subscribed before me This ,05-,, ? day , 2006. Notary Pu MONWEAI1 _ OF PtNNSYL AM_ A ( ( PLO pNp L.. HI()?fiHNpIfll 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 CIVIL DIVISION DISCOUNT COMPANY, Plaintiff, No. 06-2275 CIVIL TERM Vs. STACY L. POWLEY AKA STACY POWLEY, Defendant(s). TO: STACY L. POWLEY AKA STACY POWLEY 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: MAY 24, 2006 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- 0-9108 By: k/,? CA ANN HROMULAK, ESQ. NANCY C. WILKINS, ESQ. JESSA C. MARTIN, ESQ. AMY L. SABOLCHICK, ESQ. 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. rti i ui Fi g \?? Iwa'"u c ?_ 40 ? ? LLI Te?.y '? b <Ema s ?>I E m 6N?g ¢ 017 = mma K.B? LL ¢EOo ?'9om E inn y C C W I 0 3. i U a °w ' W 4 V a a 4 O ?,?a H w 3 Q }0. j p F y a? U R ??e8 ggyy? S C @ N C?. m? MII assv ? L 16 °6 Ll O a c? m .r In m r• m rn a LL M ? E r LL 1 tN y 4 C i -J 71 na n? tz? y "1S 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 06-2275 - CIVIL TERM Plaintiff, vs. STACY L. POWLEY a/k/a STACY POWLEY, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: STACY L. POWLEY a/k/a STACY POWLEY 108 SOUTH 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 jt,. e ^/T ;1g46 () A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: 12&25.52 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. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02275 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS POWLEY STACY L AKA STACY POWLE SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon POWLEY STACY L AKA STACY POWLEY the DEFENDANT , at 1736:00 HOURS, on the 3rd day of May , 2006 at 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 STACEY POWLEY 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 18.00 Service 26.40 Affidavit .00 Surcharge 10.00 nn Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/04/2006 CHROMULAK & ASSOCIATES By: J-2v? Deputy Sheriff Prothonotary ? w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 06-2275-CIVIL TERM Plaintiff, VS. STACY L. POWLEY a/k/a STACY POWLEY, TYPE OF PLEADING: PRAECIPE FOR A WRIT OF EXECUTION Defendant, and M&T BANK, Garnishee. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 Garnishee's Address: 1 WEST HIGH STREET CARLISLE, PA 17013 Date: November 6, 2006 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 AMY L. SABOLCHICK, ESQ. PA ID NO. 94653 ANNA M. BONARRIGO, ESQ. PA ID NO. 202070 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 41h Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. STACY L. POWLEY a/k/a STACY POWLEY, Defendant, and M&T BANK, Garnishee. CIVIL DIVISION No. 06-2275-CIVIL TERM 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 STACY L. POWLEY a/k/a STACY POWLEY, defendant, and 3. against M&T BANK, garnishee, 4. and index this writ a. against STACY L. POWLEY a/k/a STACY POWLEY, defendant, and -i?-l 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. 5. Amount of Judgment Additional Interest to Date Less payments made (Costs to be added) $9,005.52 - 7.yos. S? $ 185.32 $1.600.00 Pursuant to Writ of Execution And Service of Writ THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. $7,,90.84 CATHY ANN CHRO AK, ESQ. AMY L. SABOLCHIC ESQ. ANNA M. BONARRIGO, ESQ. t V h ? A r? -oil --i tin, V_ , v WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2275 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 STACY L. POWLEY A/K/A STACY POWLEY, 108 SOUTH ENOLA DRIVE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of M&T BANK, 1 WEST HIGH STREET, 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 $7405.52 Interest TO DATE - $185.32 Atty's Comm % Atty Paid $136.40 Plaintiff Paid Date. NOVEMBER 9, 2006 L.L. $.50 Due Prothy $1.00 Other Costs Curt' R. Long, P onota (Seal) By: Deputy REQUESTING PARTY: Name ANNA M. BONARRIGO, 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. 202070 r9 I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. STACY L. POWLEY a/k/a STACY POWLEY, 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 and Defendant, M&T BANK Garnishee. TO: M&T BANK 1 WEST HIGH STREET CARLISLE, PA 17013 CIVIL DIVISION No. 06-2275-CIVIL TERM 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 hSGen, S -AU 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: op 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: -A? % 64 rlbq i c)- THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Salanc Upo tom gay not Reflect Trancoonc?ssn9 Fees QOcumecv, Qro po?A r? 46 THM: 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 ?i 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: (-?1 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: IV 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: 4 U? `I CO. 0 0 ry-? 1 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: (??P THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. w 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: ('1 '? 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: f) 1 J THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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: O1 0 4011,00 DATE: 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. By: I V Cathy Ann Chromu a , Esq. Amy L. Sabolchick, Esq. Anna M. Bonarrigo, Esq. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 n 0 C -n ?v t * C7 n t _. ; . M r) -n F ? s n -a ??,'w .... MO i_?,.: ?" 1[ 1.,13 .. .?.? L l ?w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT COMPANY, Plaintiff, No. 06-2275-CIVIL TERM VS. TYPE OF PLEADING: STACY L. POWLEY a/k/a Praecipe to Discontinue STACY POWLEY, Against Garnishee ONLY Defendant, TYPE OF CASE: and M&T BANK, Civil Action Garnishee. FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 AMY L. SABOLCHICK, ESQ. PA ID NO. 94653 ANNA M. BONARRIGO, ESQ. PA ID NO. 202070 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 BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. STACY L. POWLEY a/k/a STACY POWLEY, and M&T BANK, CIVIL DIVISION No. 06-2275-CIVIL TERM Plaintiff, Defendant, Garnishee. PRAECIPE TO DISCONTINUE AGAINST GARNISHEE ONLY TO PROTHONOTARY: Please discontinue this action against the above garnishee, M&T BANK, and mark the docket accordingly. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heather L. Hatfield, Notary Public Cecil Twp., Washington County My Commission Expires June 29, 2010 Member, Pennsylvania Association of Notaries Respectfully submitted, CHROMULAK & By: l/ V CAT ANN AMY L. SABOLCHICK, ANNA M. BONARRIGO, Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this day of ,1 ,t,V ,tw , 2006. .TES, L.L.C. THIS AN ATTEMPT TO COLLECT A DEBT AND ANY . Notary Public 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 Discontinue Against Garnishee Only was served upon the following by First Class Mail, postage prepaid on this 8th day of December, 2006. M&T BANK LORRIE MASKA LEGAL DOCUMENT ANALYST P.O. BOX #844 BUFFALO, NY 14240 STACY L. POWLEY a/k/a STACY POWLEY 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 Cathy- n Chroni , P Amy L. Sabolchick, Esq. Anna M. Bonarrigo, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ?? a a ?^ ? v l V .."ham P c? -r? ?; .: ? {Zl (? s 7 ?. .t> :}? ?_. - . _ ? ?? ` ' SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-02275 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS POWLEY STACY L AKA STACY POWLE And now DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:36 Hours, on the 15th day of November , 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , POWLEY STACY L AKA STACY POWLEY 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 JILL K. CARUSO (REGIONAL SECURITY MANAGER) personally three copies of interogatories together with F and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 00 00 Sworn and Subscribed to before me this day of true and made So answ R. Thomas Kline Sheriff of Cumberland County 12/04/2006 By ?Y Deputy Sheriff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff s Costs: Advance Costs: 150.00 Sheriff's Costs 125.93 Docketing 18.00 24.07 Poundage 2.47 Advertising Law Library .50 Prothonotary 1.00 Refunded to Atty on 09/12/07 Mileage 14.96 Misc. Surcharge 40.00 Levy 40.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 ? 9/ 61 4?' TOTAL 125.93 So Answers, h!? v By i? c? E :8 'V E I AON 4001 11?Ci 3?10 0 0 Ck. 4626(4, k,v /9P?rI -- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2275 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 STACY L. POWLEY A/K/A STAGY POWLEY,108 SOUTH ENOLA DRIVE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of M&T BANK,1 WEST HIGH STREET, 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 fi-om paying any debt to or for the account of the defendant (s) and from delivering any property of the dafwAant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to a nt is ound 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 SWUM Interest TO DATE - $185.32 L.L. $.50 Atty's Comm % Atty Paid $136.40 Plaintiff Paid Date: NOVEMBER 9, 2006 (Seal) Due Prothy $1.00 Other Costs Curti VA. Long, Pr By: Deputy REQUESTING PARTY: Name ANNA M. BONARRIGO, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUT11 OINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-7,400 Supreme Court ID No. 202070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT COMPANY, Plaintiff, No. 06-2275-CIVIL TERM VS. STACY L. POWLEY TYPE OF PLEADING: A/K/A STACY POWLEY, Defendant, PRAECIPE FOR A WRIT OF EXECUTION and M&T BANK, FILED ON BEHALF OF: Garnishee, and BENEFICIAL CONSUMER DISCOUNT COMPANY COMMERCE BANK Garnishee, and COUNSEL OF RECORD: SOVEREIGN BANK CATHY ANN CHROMULAK, ESQ. Garnishee. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. Plaintiffs Address: PA ID NO. 203606 2700 Sanders Road ?TERESA K. FUSCHS, ESQ. Prospect Heights, IL 60070 PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. Defendant's Address: PA ID NO. 205703 108 S. ENOLA DR. ENOLA, PA 17025 CHROMULAK & ASSOCIATES, L.L.C. Garnishee's Address: 375 Southpointe Boulevard 1 W. HIGH ST. 0 Floor CARLISLE, PA 17013 Canonsburg, PA 15317 (724) 916-2400 Garnishee's Address: 6 S. ASHLAND AVE. CARLISLE, PA 17013 Garnishee's Address: 17 W. HIGH ST. CARLISLE, PA 17013 Date: SEPTEMBER 22, 2008 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 CIVIL DIVISION DISCOUNT COMPANY, Plaintiff, No. 06-2275-CML TERM VS. STACY L. POWLEY lot -D. Snob Dr, enola PA 1 "7 oas A/K/A STACY POWLEY, Defendant, and M&T BANK, 1 14) - Ht Z+ Carlisle PA 17 013 `1 Garnishee, and COMMERCE BANK (0 S. Asti lozot Ave, Belisle PA 1-7013 Garnishee, and SOVEREIGN BANK 1? W ma % S+ Carlisle. PA 11013 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; 1. against STACY L. POWLEY A/K/A STACY POWLEY, defendant, and 2. against M&T BANK, garnishee, 3. against COMMERCE BANK, garnishee, 4. against SOVEREIGN BANK, garnishee, 5. and index this writ a. against STACY L. POWLEY A/K/A STACY POWLEY, defendant, and b. against M&T BANK, garnishee, and any property of the defendant in the name of Garnishee, and c. against COMMERCE BANK, garnishee, and any property of the defendant in the name of Garnishee, and d. against SOVEREIGN 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. 6. Amount of Judgment Additional Interest to Date (Costs to be added) Less Pursuant to Writ of Execution And Service of Writ $9,005.52 $ 727.80 $8,104.00 $1,629.32 JD-UA e ? ID THIS 18 AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. -a" W o oooo 00 w ? ? ? :mo ? t . 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2275 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 STACY L. POWLEY a/k/a STACY POWLEY,108 S. 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 GARNISHEE(S) as follows: M&T BANK,1 W. High Street, Carlisle, PA 17013 COMMERCE BANK, 6 S. Ashland Avenue, Carlisle, PA 17013 SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013 All monies due defendant in any accounts, individual and joint, personal and business. 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 $901.52 Interest to Date - $727.80 Atty's Comm % Atty Paid $284.33 Plaintiff Paid Date: 9/24/08 (Seal) By: L.L. Due Prothy $2.00 Other Costs /-S/ Lqt? P. [z s R. Long, Prothonotary Deputy REQUESTING PARTY: Name TERESA K. FUCHS, ESQUIRE Address: CHROMULAK & ASSOCIATES, LLC 375 SOUTHPOINTE BOULEVARD, 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 205696 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-02275 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS POWLEY STACY L AKA STACY POWLE And now WILLIAM CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:50 Hours, on the 29th day of September, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT POWLEY STACY L AKA STACY POWLEY 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 JESSICA REESE (CUSTOMER SERVICE REP) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her true and made Sheriff's Costs: So ans???'' Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 . 0 0 ? 1ol2`a r 54- 09/30/2008 Sworn and Subscribed to before me this day of By ?. Deputy Sheriff A.D SHERIFF'S RETURN - GARNISHEE a CASE NO: 2006-02275 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS POWLEY STACY L AKA STACY POWLE And now WILLIAM CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:26 Hours, on the 29th day of September, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT POWLEY STACY L AKA STACY POWLEY hands, possession, or control of the within named Garnishee COMMERCE BANK 65 ASHLAND AVE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MARIA TEODONATOS (CUSTOMER SERVICE REP) personally three copies of interogatories together with 3 and attested copies of the within COMPLAINT & NOTICE the contents there of known to Her . in the true and made Sheriff's Costs: So ans Docketing .00 %4wawle? Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County 00 .00 09/30/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-02275 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS POWLEY STACY L AKA STACY POWLE And now WILLIAM CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:52 Hours, on the 29th day of September, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT POWLEY STACY L AKA STACY POWLEY hands, possession, or control of the within named Garnishee SOVEREIGN BANK 17 W HIGH SGT . in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JULIE MYERS (CUSTOMER SERVICE REP) personally three copies of interogatories together with 3 true and attested copies of the within COMPLAINT & NOTICE and made the contents there of known to Her . Sheriff's Costs: So eA Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 .00 ? in?°??63? 09/30/2008 Sworn and Subscribed to before me this day of By 7?z, Deputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beneficial Consumer Discount Company, Plaintiff, CIVIL DIVISION: VS. Stacy L. Powley a/k/a Stacy Powley, Defendant, and M&T Bank, Commerce Bank, Sovereign Bank, Garnishees. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 No. 06-2275-CIVIL TERM TYPE OF PLEADING: Praecipe to Settle & Discontinue Against Garnishee Sovereign Bank ONLY TYPE OF CASE: Civil Action FILED ON BEHALF OF: Beneficial 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 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 Beneficial Consumer Discount Company, Plaintiff, vs. CIVIL DIVISION: No. 06-2275-CIVIL TERM Stacy L. Powley a/k/a Stacy Powley, Defendant, and M&T Bank, Commerce Bank, Sovereign Bank, Garnishees. PRAECIPE TO SETTLE & DISCONTINUE AGAINST GARNISHEE SOVEREIGN BANK ONLY TO THE PROTHONOTARY: Please settle & discontinue this action against the above garnishee, Sovereign Bank, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: t , Rd' U4-- 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 -Xh- day of ,2008- Not4Pu c : OMMONWEALTH OF PSNNSYLVANI, Notarial Seal Heather L. Hatfield, Notary Public Cecil Twp.. Washington County -hy Commission EKpires June 28, 2010 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 Settle & Discontinue Against Garnishee Sovereign Bank Only was served upon the following by First Class Mail, postage prepaid on this 7th day of October, 2008. Sovereign Bank MA1-MB3-02-10 PO Box 841005 Boston, MA 02284 Stacy L. Powley a/k/a Stacy Powley 108 S. Enola Drive Enola, PA 17025 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. r- 7 fn, C5 f S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, vs. No. 06-2275-CIVIL, TERM STACY L. POWLEY A/K/A STACY POWLEY, XXX-XX-8942 Defendant, and M&T BANK, Garnishee, and COMMERCE BANK Garnishee, and SOVEREIGN BANK Garnishee. TO: M&T BANK 1 W. HIGH ST. CARLISLE, PA 17013 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 Nswe-R2s TO 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: ),)\VA 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: PA 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: V? 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: AAA 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: ,,U\A 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: .0A 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: ,4))A 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: /J ?A 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: /? A 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: ?00 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: ?J' ? DATE: q ?o? c? l d g? CA d' Y S. P". :L.7 -, f ° T tW*X rp7- 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. 375 Southpointe Boulevard 4`h Floor Canonsburg, PA 15317 (724) 916-2400 CC :1 rs Sri' CZ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, vs. STACY L. POWLEY A/K/A STACY POWLEY, XXX-XX-8942 and M&T BANK, and COMMERCE BANK and SOVEREIGN BANK TO: COMMERCE BANK 6 S. ASHLAND AVE. CARLISLE, PA 17013 Defendant, Garnishee, Garnishee, Garnishee. No. 06-2275-CIVIL TERM You are required to file Answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may r sult in Judgment against you. 41mul'as -/0 - . . 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: No 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: No 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 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 o 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: N o 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: N o 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: N o 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: No 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: N o 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: N o 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: N o 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: No 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: N o 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: N o 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: No DATE: RIrd 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. By:? Op IA k - i---, 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 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) Levy Specialist of Commerce Bank/Harrisburg N.A., 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? (SIGN URE) •"t Z5 /. W t- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. STACY L. POWLEY A/K/A STACY POWLEY, and COMMERCE BANK, Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant, Garnishee. CIVIL DIVISION: No. 06-2275-CIVIL TERM TYPE OF PLEADING: Praecipe to Settle & Discontinue Against Garnishee ONLY TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL 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 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. " A r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. Defendant, COMMERCE BANK, CIVIL DIVISION: No. 06-2275-CIVIL TERM Garnishee. PRAECIPE TO SETTLE & DISCONTINUE AGAINST GARNISHEE ONLY TO THE PROTHONOTARY: Please settle & discontinue this action against the above garnishee, COMMERCE BANK, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: u- CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4t' Floor Canonsburg, PA 15317 STACY L. POWLEY A/K/A STACY POWLEY, and Sworn to and subscribed Before me this 21 day of 0?r,?? , 2008. Notary Public C ONWEZ-rH OF PENNSYLVM NobaM Seel HeOw L HWIdd, Wary Rbk Ced Tvvp , Waftoon Cotrty My Conmission Ekes June 29,2D10 Member. Pennsylvania Assodation of Notai THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i- . -0 CERTIFICATE OF SERVICE I, counsel for BENEFICIAL 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 22ND day of OCTOBER, 2008. COMMERCE BANK 6 SOUTH ASHLAND AVENUE CARLISLE, PA 17013 STACY L. POWLEY A/K/A STACY POWLEY 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 Tl1T? 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. I-IN a r-- a tA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. STACY L. POWLEY A/K/A STACY POWLEY, Defendant. CIVIL DIVISION: No. 06-2275-CIVIL TERM TYPE OF PLEADING: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 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 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 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 BENEFICIAL CONSUMER DISCOUNT CIVIL DIVISION: COMPANY, Plaintiff, No. 06-2275-CIVIL TERM vs. STACY L. POWLEY A/K/A STACY POWLEY, Defendant. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please satisfy the judgment against STACY L. POWLEY A/K/A STACY POWLEY, at No. 06-2275-CIVIL TERM, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By:- y CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 41h Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this f"1? day of M,tA2,,, , 2008- 1 TT T TO Notary P blic D ANY 'OMMONWEALFH OF PENNSYLVANIA ED WILL Notarial Seal RPOSE. -leather L. Hatfield, Notary Public Cec il Twp., Washington County My Commission Expires June 29, 2010 ',.,,,' //van , -;soclatlon of Not: rier. 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 12TH day of NOVEMBER, 2008. STACY L. POWLEY A/K/A STACY POWLEY 108 SOUTH ENOLA DRIVE ENOLA, PA 17025 - •Z? I(- . 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. `~ ? "` ?? .,? r -: : -3'? i.? ?° ._? ? '_1 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 18.03 2.00 5.00 70.00 60.00 27.00 200.03 Pd by Defendant So Answ rs• ` R. Thomas Kline, Sheriff GL C--J, Claudia A. Brewbaker 0 ( = ,? j-7 133 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2275 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 STACY L. POWLEY a/k/a STACY POWLEY, 108 S. 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 GARNISHEE(S) as follows: M&T BANK,1 W. High Street, Carlisle, PA 17013 COMMERCE BANK, 6 S. Ashland Avenue, Carlisle, PA 17013 SOVEREIGN BANK, 17 W. High Street, Carlisle, PA 17013 All monies due defendant in any accounts, individual and joint, personal and business. 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 $901.52 Interest to Date - $727.80 Atty's Comm % Atty Paid $28433 Plaintiff Paid Date: 9/24/08 L.L. Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name TERESA K. FUCHS, ESQUIRE Address: CHROMULAK & ASSOCIATES, LLC 375 SOUTHPOINTE BOULEVARD, 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Deputy Supreme Court ID No. 205696 it DISTRIBUTION ATTY FOR PLTFF: Teresa Fuchs WRIT NO. 2006-2275 Civil Beneficial Consumer Discount Company -vs- Stacy L. Powley, a/k/a Stacy Powley Real Debt $ 901.52 Interest 727.80 Attorney's Comm. Writ Costs, Atty 284.33 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1913.65 Sheriff's Costs: Docketing $ 18.00 Poundage 18.03 Posting Sale Bills Law Library Prothonotary 2.00 Service 5.00 Postage Advertising Postpone Sale Bad Check Charge Surcharge 70.00 Garnishee 27.00 Levy 60.00 TOTAL $ 200.03 Defendant Paid to Sheriff $ 2113.68 Advance Costs 225.00 Total Collected $ 2338.68 DISTRIBUTION Pd. To Pltff. $ 1913.65 Refund of Adv. Costs 225.00 Pd. To Prothonotary 2.00 .` R. Thomas Kline, Sheriff