HomeMy WebLinkAbout06-3238IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY
Plaintiff, CIVIL DIVISION
Vs. No. w?l
JOSEPH J. POESCHL
and
NANCY L. POESCHL
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,
CIVIL DIVISION
No. D(, - 3=732?
VS.
JOSEPH J. POESCHL
and
NANCY L. POESCHL
TYPE OF PLEADING:
Complaint
TYPE OF CASE:
Defendants. Civil Action
Plaintiff's Address:
2700 Sanders Road
Prospect Heights, IL 60070
Defendant's Address:
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
FILED ON BEHALF OF:
OLC->Ct `fin
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
4a' Floor
Canonsburg, PA 15317
(724) 916-2400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
VS.
JOSEPH J.POESCHL
and
NANCY L. POESCHL,
Plaintiff,
Defendants.
CIVIL DIVISION
No. d(. - 3a340
etvL
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. JOSEPH J. POESCHL and NANCY L. POESCHL are adult individuals residing
at 1620 WEST LISBURN ROAD, MECHANICSBURG, PA 17055.
3. On or about AUGUST 25, 2003, Defendants 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 the Defendants, Plaintiff advanced funds to
the Defendants.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
Defendants are 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 MARCH 24, 2006.
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 Defendants is in the sum of ELEVEN THOUSAND FIVE
HUNDRED FORTY TWO AND 83/100 ($11,542.83) DOLLARS as of APRIL 27, 2006.
Numerous demands have been made upon the Defendants by Plaintiff, but the
Defendants have failed or refused to pay.
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 ELEVEN THOUSAND FIVE
HUNDRED FORTY TWO AND 83/100 ($11,542.83) DOLLARS, with interest thereon at the
rate of 25.698% from APRIL 27, 2006, plus court costs and attorney's fees.
Respectfully submitted,
Chromulak & Associates, LLC
By: /
CAT ANN C OMiILAK, ESQ.
PAID 0.42067
NANCY C. WILKINS, ESQ.
PA ID NO. 94178
JESSA C. MARTIN, ESQ.
PA ID NO. 201169
AMY L. SABOLCHICK, ESQ.
PA ID NO. 94653
Attorneys for Plaintiff
375 Southpointe Boulevard
4a' Floor
THIS IS AN ATTEMPT TO Canonsburg, PA 15317
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
LOAN REPAYMENT AND SECURITY AGREEMENT (Pace f of 3)
LENDER (called "We", "Us", "Our")
BENEFICIAL CONSUMER DISCOUNT COMPANY
4910 CARLISLE PIKE
SUITE 104
MECHANICSBURG PA 17050
BORROWERS (called "You", "Your") LOAN NO: 711714-557314
POESCHL. NANCY L
SSN 191451332
POESCHL, JOSEPH J
SSO 194429227
1520 W LISBURN ROAD
MECHANICSBURG PA 17055
NSURANCE. You must obtain insurance for term of loon covering security for this loan as indicated below,
naming us as I.ws Payee:
Title insurance on real estate wcuzity.
Fire and a=tended coverage insurance on real saute security.
Physical damage insuram es on vehicle gated under "Security" above if "Y' appears under 'Insured'.
Physical damage insurance on other property listed under "Security' above if R" appears under 'Insured".
You may obtain any required insurance from anyone you chows.
(See "Security' paragraph above for description of security to be insured.)
09-01-00 AWE 1011111 EEXHIBR I®OWN PA1175011
AP269262C$P95CEA7000PA075 ?r » ORIGINAL
LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3)
PAYMENT. In return for this loan, you will pay us the Total of Payments (the sum of Finance Charges plus Amount
Financed), in monthly payments stated on page one. The Finance Charge is the total of Interest plus Service Charge. You
may pay more at any time. You will pay us at our business address as stated on page one or other address given you. If
more than one Borrower is named on page one, we may enforce this Agreement against all, or any, Borrowers, but not in a
combined amount greater than the amount owed.
DATE ON WHICH FINANCE CHARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is
made by mail, the date on which the Finance Charge begins is postponed by the number of days from the date of this
Agreement to the date of disbursement. Payment due dates and effective date of any optional insurance purchased are also
postponed.
PAY-OUTS. You agree to payouts of Amount Financed as shown on Truth-la-Lending disclosure form. If payrouts
change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your crib or check will
be reduced to cover additional pay-outs.
PREPAYMENT. If you fully pay before final payment due date, the amount you owe will be reduced by unearned Finance
Charge (but not Service Charge) determined by the "Rule of 78ths'.
MATURITY. After the final payment due date stated on page one you will pay interest at the rate of 18% per year.
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.
LATE CHARGE. If you don't pay any payment in 10 days after it's due, you will also pay 1 112% per month an the
amount overdue (subject to a $1.00 minimum charge).
BAD CHECK CHARGE. We will charge you a fee of $20 it any payment check is returned because of insufficient funds or
is otherwise dishonored. You agree that we may deduct this charge from a monthly payment.
FAILURE TO PAY. If you don't pay any payment on time or fail to keep any required insurance in force, (a) all your
payments may become due at once and without notifying you before bringing suit, we may am for the total amount you
owe leas any unearned Finance Charges you would receive it you fully prepaid, and (b) you will also pay our reasonable
attorney fees, it the attorney is not our salaried employee, for legal proceedings to collect this loan or realize on security.
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 and
insurance information, with any of our affiliated corporations, subsidiaries or other third parties. The uses of this
information may include an inquiry to determine if you qualify for additional offers of credit. You also authorize us to
share any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties.
You may prohibit the sharing of such information (except for the sharing of information about transactions or
experiences between us and you) by sending a written request which contains your full name, Social Security
Number and Address to us at P.O. Box 1547, Chesapeake, VA 23320.
If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be
submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent
of such department) may reuse your residence address to us, should it become necessary to locate you. You agree that
our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the
quality of our service to you.
INSURANCE. Optional credit insurance and any required insurance disclosures are attached to this Agreement and are
incorporated herein by reference.
ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. 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 Pennsylvania Consumer Discount Company Act (CDCA), Title 7, Putdon's Pennsylvania
Statutes, governs this loan.
NOTICE. THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS.
0x-01-00 ARE
FAB75012
'PZ532e2C8MCEA7000PA975072D-9 OESCNL DRI GIMLL
LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3)
YOU HAVE RECEIVED A COMPLETE
COPY OF THIS AGREEMENT AND THE
TRUTH-IN-LENDING DISCLOSURES.
BORROWERS:
(SEAL)
(SEAL)
WITNESS: (SEAL)
?Zx-
63-01-00 WE PA876013
i®?e®eee®'®?e®ee?eee??e?®e®®®ie
•P263262CSPSSM7000PA075013ONuPMSCNL
ORIGINAL
TRUTH-IN-LENDING DISCLOSURES (Page 1 of 2)
LENDER (Called "We", "Our", "Us")
BENEFICIAL CONSUMER DISCOUNT COMPANY
4910 CARLISLE PIKE
SUITE 104
MECHANICSBURG PA 17050
BORROWERS (Called "You", "Your") LOAN NO,. 711714-557314
POESCHL, NANCY L
POESCHL, JOSEPH J
1520 W LISBURN ROAD
MECHANICSBURG PA 17055
*ANNUAL a FINANCE Amount TotalofPayments Date
PERCENTAGE CHARGE Financed The amount you will of
RATE The dollar amount The amount of credit have paid after you Loan
the credit will coat provided to you or o have made all pay-
The cost of your credit you, your behalf. mans as scheduled.
as a yearly rate.
25.598% 6 5388.18 s 8127.84 s 14514.00 08/25103
Your payment schedule will he:
payment in 10 When Payments Am Dus
you don't Amount pay of any Payments
amouTorerdue (subject to a SIAD minimum charge),
Prepayment: If you pay off early, you may be entitled to a refund of part of the Finance Charge.
See the contract documents for any additional information about nonpayment, default, any required repayment
in full before the scheduled date, and prepayment refunds.
of
Number
Payments
1 s 241,90 09125103
059 s 241.90
'[6 of each month thereafter.
Day due, you will also pay 1 1129E per month on the
Charge:
Lau
NOTTCE: The following page contains additional information.
I1-26-02 NRE TIL
PAB78111
1??1®1111®AIBIIIIII?1111111®I?
"P263202CBP95FEO1000PA8101110MNP0ESC11L " ORIGINAL
TRUTH-IN-LENDING DISCLOSURES (Pap 2 of 2)
ITEMIZATION OF THE AMOUNT FINANCED
CREDIT LIFE INSURANCE (PAID TO INSURANCE COMPANY) .............................5 553.42
CREDIT INVOLUNTARY UNEMPLOYMENT INSURANCE (PAID TO INSURANCE COMPANY) ......... $ 574.75
CASH OR CHECK TO BORROWER .....................................................f 5900.67
AMOUNT FINANCED ...............................................................f 9127.94
11-26-02 NRE TI
PADIS112
•P2622112WISFED710PARNI 120"VESUL • GRIGIWIL
VERIFICATION
Patricia Garcia, 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.
Patricia Garcia
JUNE 5, 2006
Date
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
No. 06-3238 CIVIL TERM
Plaintiff,
VS.
Praecipe for DeAult Judgment
JOSEPH J. POESCHL
and NANCY L. POESCHL,
Defendants.
Civil Action
BENEFICIAL CPNSUM
DISCOUNT COMPANY
Plaintiff s Address:
2700 Sanders Road
Prospect Heights, IL 60070
Defendants' Address:
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
Dated: JULY 11, 2006
CATHY ANN HROMULAK, ESQUIRE
PA ID NO.4206
LORI M. DIRE ZO, ESQUIRE
PA ID NO.2018' 3
AMY L. SABO CHICK, ESQUIRE
PA ID NO. 9465
ANNA M. BON' GO, ESQUIRE
PA ID NO. 2020 70
CHROMULAKI& ASSOCIATES, L.L.C.
375 Southpointe oulevard
4th Floor
Canonsburg, Pe sylvania 15317
(724) 916-2400
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
TO:PROTHONOTARY
Please enter judgment by default against the within-named defendants, JOSEPH J.
POESCHL and NANCY L. POESCHL, for failure to file an Answer as follows:
Amount Claimed in Complaint: $11,542.83
Interest from 4/28/06 through 7/11/06: 403.57
Costs of Collection through 7/11/06: 514.66
TOTAL $12,461.06
With interest accruing on the total balance of $12,461.06 at the ratc'of 6% per annum, together
with additional costs of suit. /l /
BY
LORI N1. DIRENZO, ESQUIRE
AMY L. SABOLCHICK, ESQUIRE
ANNA M. BONARRIGO, 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 and I ed authors , a ofd] ublic J' d for said Count and State,
personally appeared, rnu / .? i/ /(? /eft SQUIRE, attorney for and
authorized representative of pl ' i?ff who, being duly sworn according to law, deposes and says
that the defendant is not in the military service of the United Stated of America to the best of her
knowledge, information and belief and certifies that the Noti4e of Intent to take Default
Judgment was mailed to defendants on JUNE 29, 2006 by certifdate of mailing in accordance
with Pa.R.C.P. 237. 1, as evidenced by the attached copy. //? A
CATHY A)I CHROMULAK, ESQUIRE
LORI M. If NZO, ESQUIRE
AMY L. SAB LCHICK, ESQUIRE
ANNA M. B ARRIGO, ESQUIRE
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
OBTAINED WILL
USED FOR THAT PURPOSE.
Sworn to and subscribed before me
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
Vs.
JOSEPH J. POESCHL and
NANCY L. POESCHL,
Plaintiff,
Defendants.
TO: JOSEPH J. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
DATE OF NOTICE: JUNE 29, 2006
CEM DIVISION
No. 063238 CIVIL TERM
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAIL
APPEARANCE PERSONALLY OR BY ATTORNEY AND
COURT YOUR DEFENSES OR OBJECTIONS TO THE Cl
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM T1
JUDGMENT MAY BE ENTERED AGAINST YOU WITH
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT I
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE F
OUT WHERE YOU CAN GET LEGAL HELP.
TO ENTER A WRITTEN
i IN WRITING WITH THE
IS SET FORTH AGAINST
ATE OF THIS NOTICE, A
'A HEARING AND YOU
ITS. YOU SHOULD TAKE
T HAVE A LAWYER OR
,OWING OFFICE TO FIND
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166 OR 800-99a-9108 h
By: f L/
CATHY HROMULAK
NANCY C. KINS, ESQ.
JESSA C. TIN, ESQ.
AMY L. S OLCHICK, ESQ.
Attorneys for Plaintiff
THIS IS AN ATTEMPT TO 375 Southpoi to Boulevard
COLLECT A DEBT AND ANY h
INFORMATION OBTAINED WELL Floor
4
BE USED FOR THAT PURPOSE. Canonsburg, A 15317
ESQ.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER CIV DIVISION
DISCOUNT COMPANY,
Plaintiff, No. 06 3238 CIVIL TERM
VS.
JOSEPH J. POESCHL and
NANCY L. POESCHL,
Defendants.
TO: NANCY L. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
DATE OF NOTICE: JUNE 29, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND F E 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 WITHO A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RI HTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO T HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FO LOWING 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
By:
C THY CHROMULAK, ESQ.
THIS IS AN ATTEMPT TO NANCY K1NS, ESQ.
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL JESSA C.
AMY L. SA) TIN, ESQ.
LCHICK, ESQ.
BE USED FOR THAT PURPOSE. Attorneys for laintiff
375
o to Boulevard
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4TH
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Canonsburg, A 15317
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
No. 06-3238
Plaintiff,
vs.
JOSEPH J.POESCHL
and NANCY L. POESCHL,
Defendants.
TO: JOSEPH J. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
(X) Defendant
You are hereby notified that an Order, Decree or Judgmen
captioned proceeding on 1..? . Ilia Inot
O A copy of the Order or Decree is enclosed,
(X) The judgment is as follows: $12,461.06
annum and additional costs of suit.
TERM
entered in the above
interest at the rate of 6% per
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
VS.
JOSEPH J.POESCHL
and NANCY L. POESCHL,
Defendants.
i
CIVIL DIVISAON
No. 06-3238 CIVIL TERM
NOTICE OF ORDER DECREE OR &W3MENT
TO: NANCY L. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
(X) Defendant
You are hereby notified that an Order, Decree or Judgment was entered in the above
captioned proceeding on Iyr'Icyl.i-
() A copy of the Order or Decree is enclosed,
(X) The judgment is as follows: 12$ ,461.06 pl{ s 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
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
VS.
JOSEPH J. POESCHL
and NANCY L. POESCHL,
and
M&TBANK,
Plaintiff's Address:
2700 Sanders Road
Prospect Heights, IL 60070
Plaintiff,
Defendants,
Garnishee.
Defendants' Address:
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
Garnishee's Address:
1 FORGE ROAD
BOILING SPRINGS, PA 17007
Date: AUGUST 7, 2006
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
CIVIL DIVISION
No. 06-3238-CIVIL TERM
TYPE OF PLEADING:
PRAECIPE FOR A WRIT OF
EXECUTION
FILED ON BEHALF OF:
BENEFICIAL CONSUMER DISCOUNT
COMPANY
COUNSEL OF RECORD:
CATHY ANN CHROMULAK, ESQ.
PA ID NO. 42067
LORI M. DIRENZO, ESQ.
PA ID NO. 201843
AMY L. SABOLCHICK, ESQ.
PA ID NO. 94653
ANNA M. BONARRIGO, ESQ.
PA ID NO. 202070
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,
CIVIL DIVISION
No. 06-3238-CIVIL TERM
Plaintiff,
VS.
JOSEPH J. POESCHL
and NANCY L. POESCHL,
Defendants,
and
M&TBANK,
Garnishee.
PRAECIPE FOR WRIT OF EXECUTION
TO: The Prothonotary
Please issue a Writ of Execution in the above matter,
1. directed to the Sheriff of CUMBERLAND County;
2. against JOSEPH J. POESCHL, defendant, and
3. against NANCY L. POESCHL, defendant, and
4. against M & T BANK, garnishee,
5. and index this writ
a. against JOSEPH J. POESCHL, defendant, and
b. against NANCY L. POESCHL, defendant, and
c. 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 defendants in any accounts, individual
and ioint, personal and business.
6. Amount of Judgment
Additional Interest to Date
(Costs to be added)
$12,461.06
$ 49.92
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.
$12,510.98
CATHY ANN CHRO Zf?AK9 ESQ.
LORI M. DIRENZO, E
AMY L. SABOLCHICK,ESQ.
ANNA M. BONARRIGO, ESQ.
I?j
1? r C?l
'?- Tj
C 1 J ---
°a
h
c
c1
c
_ ~• G L
C C z .?
0 .
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3238 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 JOSEPH J. POESCHL AND NANCY L. POESCHL, 1620 WEST LISBURN ROAD,
MECHANICSBURG, PA 17055
(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 FORGE ROAD, BOILING SPRINGS, PA 17007 - ALL MONIES DUE
DEFENDANTS 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 $12,461.06
Interest TO DATE - $49.92
Atty's Comm %
Atty Paid $132.16
Plaintiff Paid
Date: AUGUST 9, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
CUR S R. LONG
Prothonotary
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
SHERIFF'S RETURN - GARNISHEE
1ti
CASE NO: 2006-03238 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
POESCHL JOSEPH J ET AL
And now RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0008:00 Hours, on the 17th day of August , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
POESCHL JOSEPH J
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JESSICA REESE (BSA)
personally three copies of interogatories together with 3
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
, in the
true
and made
So answer
R. Thomas Kline
Sheriff of Cumberland County
9- 00,/
Qay70(, 08/17/2
Sworn and Subscribed to
before me this day of By
A.D
SHERIFF'S RETURN - GARNISHEE
if
CASE NO: 2006-03238 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
POESCHL JOSEPH J ET AL
And now RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:25 Hours, on the 17th day of August , 2006, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
POESCHL NANCY L
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 (BSA)
personally three copies of interogatories together with 3
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/
9/2 S/6 4?-
Sworn and Subscribed to
before me this day of
in the
true
and made
So answers:
0001
a!oof?,?,ee- ,
R. Thomas Kline
Sheriff of Cumberland County
08/17/2006
By
Deputy Sheriff
A.D
SHERIFF'S RETURN - REGULAR
1
CASE NO: 2006-03238 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
POESCHL JOSEPH J ET AL
MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
POESCHL JOSEPH J the
DEFENDANT , at 1926:00 HOURS, on the 8th day of June 2006
at 1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
by handing to
NANCY L POESCHL, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
`f'"
Sworn and Subscibed to
before me this
of
So Answers:
18.00 6.16 -•,."??
00 10.00 R. Thomas Kline
.00
34.16,,,- 06/12/2006
??FE? CHROMULAK & ASSOCIATES
J j!
By:
day Deputy Sheriff
A. D.
SHERIFF'S RETURN - REGULAR
'CASE NO: 2006-03238 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
POESCHL JOSEPH J ET AL
MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
POESCHL NANCY L the
DEFENDANT , at 1926:00 HOURS, on the 8th day of June 2006
at 1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055 by handing to
NANCY L POESCHI
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: So Answers:
Docketing 6.00 1
Service .00
,-
Affidavit 00
Surcharge 10.00 R. Thomas Kline
.00
16.00,/ 06/12/2006
CHROMULAK & ASSOCIATES
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
VS.
Plaintiff,
JOSEPH J. POESCHL
and NANCY L. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
Defendants,
and
M&TBANK
Garnishee.
TO: M & T BANK
1 FORGE ROAD
BOILING SPRINGS, PA 17007
CIVIL DIVISION
No. 06-3238-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 h6Lo + 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 them on any negotiable or other written instrument, or did they
claim that you owed them any money or that you were liable to them for any reason:
RESPONSE: rya?f.r?n
"ol
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. _ ?A L _ g 3 y-q. 3 3 - Ti r - ?-eyJ ?-
,,n
RESPONSE: 16 L N A- c Y L ?o rscll. !
?- q?3o?vc?us7? _ AA 1963?v3
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
- cr L A r sch
7'4,8 IS A JOINT AC O A/1 L? Poes?
A? &
AuthO ?Batioue2ui_es wl7'
itten
a ?zi-tiover Order, trtl owners ese andior
funds
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 Defendants? The
scope of this interrogatory encompasses, but is not restricted to, the contents of any bank
account(s).
RESPONSE: )Iuo
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 Defendants (or in which Defendants)
held or claimed any interest.
RESPONSE:
SIXTH: If your response to the previous interrogatory was anything other than an
unqualified negative, identify the property, and in the case of monetary assets, state the amount.
RESPONSE:
SEVENTH: At the time you were served or at any subsequent time, did you hold as a fiduciary
any property in which the Defendants had any interest?
RESPONSE:
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
EIGHTH: If your response to the previous interrogatory was anything other than an
unqualified negative, identify the property, and in the case of monetary assets, state the amount.
RESPONSE:
NINTH: At any time before or after you were served, did the Defendants 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, 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 Defendants or to any person or place pursuant to their direction or otherwise
discharge any claim of the Defendants against you?
RESPONSE: -)?
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:
Respectfully submitted,
CHROMULAK & ASSOCIATES, L.L.C.
DATE: gjlq)?V By:
Cathy Ann Chromulak, Esq.
Lori M. DiRenzo, Esq.
lv?
JANICE M. GLASGOW
AA&T BANK
JO 100
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
Amy L. Sabolchick, Esq.
Anna M. Bonarrigo, Esq.
375 Southpointe Boulevard
4th Floor
Canonsburg, PA 15317
(724) 916-2400
&D
,m
^?t
^ \
Jai
V
r?
'?C
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
Plaintiff
V.
: IN COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOSEPH J. POESCHL
AND NANCY L. POESCHL,
Defendants
V.
M & T BANK,
Garnishee 06-3238 CIVIL
ORDER OF COURT
AND NOW, this 17th day of January, 2007, upon consideration of the
Defendants' Claim for Exemption, a Rule shall issue upon the Plaintiff, Beneficial
Consumer Discount Company, to show cause why the Defendants' request for
exemption should not be granted.
IT IS FURTHER ORDERED AND DIRECTED that if the Plaintiff objects to
the Defendant's claim it shall so advise the Court by 12:00 noon on
January 26, 2007, and then a hearing on the claim shall be held on Monday,
January 29, 2007 at 9:30 a.m. in Courtroom Number 5 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
By the Court,
M. L. Ebert, Jr., J.
O1.
,rn, i` l ?M tat
LZ .6 L I Nei' {,OQZ
"dVIG '6 agi 40
Anna M. Bonarrigo, Esquire
Attorney for Plaintiff
Joseph J. Poeschl
Nancy L. Poeschl
Defendants
Cumberland ounty Sheriff's Office
w) ct
bas
JAN 1 2 20
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WRIT NO. -O J? - 3 a 3 CIVIL TERM
To the Sheriff
CLAIM FOR EXEMPTION
I, the above named defendant, claim exemption of property from levy, or attachment:
1. From my personal property in my possession which has been levied upon,
(a) I desire that my $300 statutory exemption be
(i) set aside in kind (specify property to be set aside in kind):
(ii) paid in cash following the sale of the property levied upon; or
(b) I claim the following exemption (specify property and basis of exemption):
2. From my property which is in the possession of a third party, I claim the following
exemptions:
(a) my $300 statutory exemption: ? in cash ? in kind
(specify property):
(b) Social Security benefits on deposit in the amount of $
(c) other (specify amount and basis of exemption): f?+'raa??k - C h; id r-e xS
a cc0 atif 5 - nd ? PcoPf r 4-v C4 d P -re rd-e
t- Papsch I rttt
1 a W/w
Al.eXandor oPSch AcH# 9633 6 ga '71
i !5 0/1 acccuVlf.S S !?/I e
h a?irl ac Cbu.nfis Iola rl a r i
accoc-ot.5 h lop --o Ch Idren
dqey?G Pi?tS re m ?nor,S
/1(? IeA er /?? ?`/lo rS c n c,/
I request a prompt court hearing to determine the exemption.
Notice of the hearing of the hearing should be given to me at:
/boo ? ?`Shu rn ?o-cd'
w
Address
Ao ch a ti I'cs 70
oaf
Telephone Number
I verify that the statements made in this Claim for Exemption are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904 relating to unworn falsification to authorities.
Date: ) "1 0-1 -()-1
THIS CLAIM TO BE FILED WITH THE
OFFICE OF THE SHERIFF OF
CUMBERLAND COUNTY:
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6390
b Z :b V Z I NVC LOOZ
CHROMULAK & ASSOCIATES, L.L.C.
375 SOUTHPOINTE BOULEVARD
4TH FLOOR
CANONSBURG, PENNSYLVANIA 15317
TELEPHONE (724) 916-2400
Maureen A. Dowd
Attorney-At-Law
Direct Dial: (724) 916-2419
mdowd@chromulak.com
January 25, 2007
BY OVERNIGHT COURIER
The Honorable M. L. Ebert, Jr.
Court of Common Pleas of Cumberland County
One Courthouse Square
Carlisle, PA 17013
FACSIMILE (724) 916-2411
RE: Beneficial Consumer Discount Company vs. Joseph J. Poeschl and Nancy L. Poeschl
Case No. 06-3238 CIVIL TERM
Motion for Exemption filed by Jennifer J. Poeschl and Alexander J. Poeschl
Dear Judge Ebert:
Pursuant to your Order dated January 17, 2007, enclosed is Plaintiff's Objection to
Motion for Exemption filed by Jennifer J. Poeschl and Alexander J. Poeschl, setting forth the
grounds upon which Plaintiff objects to vacation of the attachment of the bank accounts at
M & T Bank put in place by Plaintiff's Writ of Execution. Pursuant to your Order, I will appear
on behalf of Beneficial Consumer Discount Company at the hearing on the exemption claim
which is scheduled to take place this Monday, January 29, 2007 at 9:30 a.m.
Very truly yours,
Ma en A. Dowd
MAD/no
Enclosure
66
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
VS.
JOSEPH J. POESCHL
and
NANCY L. POESCHL
vs.
M&TBANK,
Plaintiff's Address:
2700 Sanders Road
Prospect: Heights, IL 60070
No. 06-3238 CIVIL TERM
TYPE OF PLEADING
Plaintiff, Plaintiff's Objection to Motion for
Exemption Filed by Jennifer J. Poeschl
and Alexander J. Poeschl
Defendants,
Garnishee
Defendants' Address:
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
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
MAUREEN A. DOWD, ESQ.
PA ID NO. 90549
CHROMULAK & ASSOCIATES, LLC
375 Southpointe Boulevard
4"' Floor
Canonsburg, PA 15317
(724) 916-2400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
CIVIL DIVISION
No. 06-3238 CIVIL TERM
vs.
JOSEPH J. POESCHL and
NANCY L. POESCHL,
Defendants,
vs.
M&TBANK,
Garnishee.
PLAINTIFF'S OBJECTION TO MOTION FOR EXEMPTION
FILED BY JENNIFER J. POESCHL AND ALEXANDER J. POESCHL
AND NOW COMES, Plaintiff BENEFICIAL CONSUMER DISCOUNT COMPANY,
by and through its undersigned counsel, and objects to the Motion for Exemption on the
following grounds and for the following reasons:
1. Plaintiff obtained judgment against each of Defendant JOSEPH L. POESCHL and
Defendant NANCY L. POESCHL on July 14, 2006.
2. Pursuant to a Writ of Execution filed by Plaintiff against M & T Bank/
Manufacturers and Traders Trust Company, as garnishee ("Garnishee"), three (3) bank accounts
have been attached.
3. Garnishee responded to Plaintiff's Interrogatories to Garnishee ("Garnishee's
Answers to Interrogatories") and stated that Garnishee had identified open bank accounts,
balances and title-holders to the three (3) bank accounts as follows:
a. Account 49835682775, with a balance of $349.33 and titled in the names of Alex
J. Poeschl and Defendant Nancy L. Poeschl;
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
ftb
b. Account #9841345458, with a balance of $1,320.12 and titled in the names of
Joseph Poeschl and Defendant Nancy L. Poeschl; and
c. Account #98302044571, with a balance of $1,903.03 and titled in the names of
Jennifer L. Poeschl and Defendant Nancy L. Poeschl.
(A true and correct copy of Garnishee's answers to Interrogatories to Garnishee are attached
hereto as Exhibit A and incorporated herein by reference.)
4. On January 12, 2007, Jennifer L. Poeschl and Alexander J. Poeschl filed a Motion
for Exemption ("Motion for Exemption") seeking to vacate the attachment as to Account
#15004207114436 and Account #9835682775.
5„ As to Account #15004207114436 identified in the Motion for Exemption as
Movant Jennifer L. Poeschl's "Moneymaker Junior" account, such account was not identified in
Garnishee's Answers to Interrogatories, and Plaintiff is not aware that such account has been
attached.
6.. With regard to Account #9835682775, which account is identified in the Motion
for Exemption, and also as to Account ##9830244571, which account is not identified in the
Motion for Exemption but which account has also been attached, Plaintiff objects to Movants'
request to have the attachment vacated inasmuch these accounts are not titled solely in the names
of the Movants, but instead are also the property of Defendant Nancy L. Poeschl and are
therefore subject to attachment by Plaintiff.
7. Accordingly, as a judgment creditor of Defendant Nancy L Poeschl, Plaintiff is
entitled to attach from these two (2) bank accounts the total sum of $1,126.19 which represents
half of the balance of such accounts as follows:
a. For Account #9835682775, which is titled in the names of Alex J. Poeschl and
Defendant Nancy L. Poeschl, $174.67 is subject to attachment, which represents
half of the balance of $349.33; and
b. For Account #9830244571, which is titled in the names of Jennifer L. Poeschl and
Defendant Nancy L. Poeschl, $951.52 is subject to attachment, which represents
half of the balance of $1,903.03.
8. In addition, although such account is not the subject of the Motion for Exemption, the
entire balance of Account #9841345458 is subject to attachment as the property of the
Defendants, both of whom are subject to the judgment obtained by Plaintiff.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff BENEFICIAL CONSUMER DISCOUNT COMPANY
respectfully requests that the Motion for Exemption filed by Movants Jennifer J. Poeschl and
Alexander J. Poeschl be denied and that an Order be entered directing that the amounts of
$174.67 from Account #9835682775; $951.52 from Account #98302044571; and $1,320.12
from Account #9841345458 shall remain subject to the attachment effected by Plaintiff's Writ of
Execution.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
ACAH*=::?ANN CHROMULAK, ESQ.
MAUREEN A. DOWD, ESQ.
CHROMULAK & ASSOCIATES, L.L.C.
375 Southpointe Boulevard
4`h Floor
Canonsburg, PA 15317
Attorneys for Plaintiff
? 10-10-'06 12;17 FROM-
,
Q M&TBank
October 10, 2006
Chromulalc & Associates
375 Southpointe Blvd 4tt1 Floor
Canonsburg, PA 15317
T-948 P002/005 F-5479,,p
Legal Document Processing
Phone # 716-635-7713
Fax # 716-635-7725
Re: Writ of Garnishment on Garnishee received by
Manufacturers and Traders `['rust Company, Garnishee
Beneficial Consumer vs Joseoh j & Nancy L Poeschl
Case # 06-32838-
Pursuant to the above references{ Writ of Garnishment and Interrogatories oil Garnishee, MillltllflCIUCCPS and Traders Trust
Company has searched its records and has identilied the following open account(s) with balances due its customer(s) as of
October 10, 2006
If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe depositft?tr'?t,??,S????•
identified at any of our branches are listed below.
- -
Acct No. Balance Acct No. Balance
9835682775 --- --- ---- --- $349.33
- -
9841345428 $1320.12
Title of Account Alex ,l &. Nancy L Poeschl Title of Account Joseph Poeschl & Nancy
?--.-----^ L, Poeschl
$1903.03
9830244571 ^-
Title of Account Jennifer L & Nancy L Poeschl
- - ---- -- --------- - -- -------- ?) , 6 tip
Branch Number- Safe Deposit Box Ntmibcr
None
if any of the above accounts or safe deposit boxes are designated by a "J" that means they are accounts or safe deptisitboxr ti i V
wllleh Pei-sons olllel' thrill those identified in the Writ of Garnishment and lnterropitories may also have an interest. Will] iv3 spsct.
to all safe deposit boxes, an order directing the (trilling of the box nitist first be obtained and Mantil-aculrers rend "Traders Trust
Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.R.C.P. No. 3110, 42 Pa.C.S.A.
Responses to fnterrogawrics that you propounded, if any, are enclosed.
?. 7l a sgo `Yl
uinent Analyst
(716) 635-7713
(? Sin •crcly,
4Z.
Jar rc M.
t-,C it Doc,
EXHIBIT
ffi
Manufacturers and Traders Trust Company P.U. Bob #844, Buffalo, New York 14240
10-10-'06 12:17 FROM-
T-948 P003/005 F-547g.AU
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
vs.
CIVIL DIVISION
No. 06-3238-CIVIL TERM
Plaintiff,
JOSEPH J. POESCHL
and NANCY L. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
Defendants,
and
M&TBANK
Garnishee.
TO: M & T BANK
1 FORGE ROAD
BOILING SPRINGS, PA 17007
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 them on any negotiable or other written instrument, or did they
claim that you owed them any money or that you were liable to them for any reason:
RESPONSE:
1
f:
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. /") "q L --q. ". 3 - 1 i- - ?'I e s d, I -
it q9 - RESPONSE: 9- C1234 13wj_? S3' - /??L ,U??,c? LfG !
4 V :. oU ;k (2 Q-EE V? /
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
ES %
I `163, 03 J v-y-e-Ph poc%c-e.1 10 AtIt(IU1.ZLf2t2ji 2'£?fl£2tlZ S c0 a •??
7 222]OV,Z £ ?'
! 1
for )U' r'ItLell
t 1 Q2'fl:!2• 2'faJf?tSf;',15 i1.f]d/0?
10-10-'06 12:17 FROM-
T-948 P004/005 F-547g,,p
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 Defendants 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:
Y?
TENTH: 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 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 Defendants or to any person or place pursuant to their direction or otherwise
discharge any claim of the Defendants against you?
RESPONSE:.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
10-10-'06 12:17 FROM-
T-948 P005/005 F-5470,mp
TWELFTH: If your response to the previous itxterrogatory 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:
DATA: ?.p
JANICE M. GLASGOW
44AT RANK
do 1004
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
Cathy Ann Chromulak, Esq.
Lori M. DiRenzo, Esq.
Amy L. Sabolchick, Esq.
Anna M. Bonarrigo, Esq.
375 Southpointe Boulevard
4th Floor
Canonsburg, PA 15317
(724) 916-2400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
Plaintiff,
CIVIL DIVISION
No. 06-3238 CIVIL TERM
vs.
JOSEPH J. POESCHL and
NANCY L. POESCHL,
Defendants,
Vs.
M&TBANK,
Garnishee.
ORDER
AND NOW, upon consideration of the Motion for Exemption filed by Movants Jennifer
J. Poeschl and Alexander J. Poeschl, and the Objection to Motion for Exemption filed by
Plaintiff Beneficial Consumer Discount Company, and no good cause shown therefor, the
Motion for Exemption is hereby DENIED.
FURTHER ORDERED that the following amounts shall remain subject to the attachment
effected pursuant to the Writ of Execution filed by Plaintiff, as a judgment creditor of
Defendants:
a. the sum of ONE HUNDRED SEVENTY-FOUR and 67/100 DOLLARS
($174.67) from Account #9835682775 at M & T Bank/Manufacturers and
Traders Trust Bank, which account is titled in the names of Alex J. Poeschl and
Defendant Nancy L. Poeschl, which sum represents half of the balance of such
account; and
b. the sum of NINE HUNDRED FIFTY-ONE and 52/100 DOLLARS ($951.52)
from Account #98302044571 at M & T Bank/Manufacturers and Traders Trust
Bank, which account is titled in the names of Jennifer L. Poeschl and Defendant
Nancy L. Poeschl, which sum represents half of the balance of such account; and
c. The entire balance of Account #9841345458 in the sum of ONE THOUSAND
THREE HUNDRED TWENTY and 12/100 DOLLARS ($1,320.12) at M & T
Bank/Manufacturers and Traders Trust Bank, which account is titled in the names
of both Defendants.
, J.
M. L. Ebert, Jr. J.
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing PLAINTIFF'S
OBJECTION TO MOTION FOR EXEMPTION FILED BY JENNIFER J. POESCHL AND
ALEXANDER J. POESCHL was served by overnight courier and first-class U.S. mail, postage
prepaid, on January 25, 2007, to the following persons:
JENNIFER J. POESCHL
1620 WEST LISBURN ROAD
MECHANISBURG, PA 17055
ALEXANDER J. POESCHL
1620 WEST LISBURN ROAD
MECHANISBURG, PA 17055
JOSEPH J. POESCHL
1620 WEST LISBURN ROAD
MECHANISBURG, PA 17055
NANCY L. POESCHL
1620 WEST LISBURN ROAD
MECHANISBURG, PA 17055
Maureen A. Dowd, Esq.
BENEFICIAL CONSUMER IN THE COURT OF COMMON PLEAS OF
DISCOUNT COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
JOSEPH J. POESCHL AND
NANCY L. POESCHL,
DEFENDANTS
V.
M & T BANK,
GARNISHEE : NO. 06-3238 CIVIL
ORDER OF COURT
AND NOW, this 2e day of January, 2007, upon consideration of the Motion for
Exemption filed by Movants Jennifer J. Poeschl and Alexander J. Poeschl, and the
Objection to Motion for Exemption filed by Plaintiff, Beneficial Consumer Discount
Company, and after hearing,
IT IS HEREBY ORDERED AND DIRECTED that the following amounts be
properly attached pursuant to the Writ of Execution filed by Plaintiff, Beneficial
Consumer Discount Company, as a judgment creditor of Defendants, and upon receipt
of a copy of this Order, garnishee M & T Bank is hereby directed to immediately issue a
check to Chromulak & Associates, LLC, as counsel for Plaintiff, for the following
amounts from the following accounts:
A. The sum of One Hundred Seventy-four and 67/100 Dollars ($174.67) from
Account # 9835682775 at M & T Bank/Manufacturers and Traders Trust
Bank, which account is titled in the names of Alex J. Poeschl and Defendant
Nancy L. Poeschl, which sum represents half of the balance of such
account; and
B. The sum of Five Hundred and 00/100 ($500.00) from Account #98302044571
at M & T Bank/Manufacturers and Traders Trust Bank, which account is titled
in the names of Jennifer L. Poeschl and Defendant Nancy L. Poeschl, which
sum represents half of the balance of such account; and
C. The entire balance of Account #9841345458 in the sum of One Thousand
Three Hundred Twenty and 12/100 Dollars ($1,320.12) at M & T Bank/
Manufacturers and Traders Trust Bank, which account is titled in the names
of both Defendants.
By the Court,
M. L. Ebert, Jr., A J.
Maureen A. Dowd, Esquire
Attorney for Plaintiff
Joseph J. Poeschl
Nancy L. Poeschl
Defendants
M & T Bank
Garnishee
bas
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
VS.
JOSEPH J. POESCHL and
NANCY L. POESCHL,
and
M&T BANK,
Plaintiff's Address:
2700 Sanders Road
Prospect Heights, IL 60070
CIVIL DIVISION
Plaintiff, No. 06-3238-CIVIL TERM
TYPE OF PLEADING:
Praecipe to Satisfy Judgment
Against Garnishee ONLY
Defendants, TYPE OF CASE:
Civil Action
Garnishee. FILED ON BEHALF OF:
BENEFICIAL CONSUMER
DISCOUNT COMPANY
COUNSEL OF RECORD:
CATHY ANN CHROMULAK, ESQ.
PA ID NO. 42067
MAUREEN A. DOWD, ESQ.
PA ID NO. 90549
KURT J. WINTER, ESQ.
PA ID NO. 84801
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.
I
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
VS.
JOSEPH J. POESCHL and
NANCY L. POESCHL,
and
M&T BANK,
CIVIL DIVISION
Plaintiff,
Defendants,
Garnishee.
No. 06-323 S-CIVIL TERM
PRAECIPE TO SATISFY JUDGMENT AGAINST GARNISHEE ONLY
TO PROTHONOTARY:
Please satisfy the judgment in this action against the above garnishee, M&T BANK, and
mark the docket accordingly.
Respectfully submitted,
CHROMULAK & ASSOCIATES, L.L.C.
." 14
By:
CATHY AN CHROMULAK, ESQ.
MAUREEN A. DOWD, ESQ.
KURT J. WINTER, ESQ.
Attorneys for Plaintiff
375 Southpointe Boulevard
4t' Floor
Canonsburg, PA 15317
Sworn to and subscribed
Before me this ` day
-- - - o f200
THIS
13 AN ATTEMPT TO
?. 6
. ? LL DEBT AND ANY
O ECT A
INFORMATION OBTAINED WILL
Not tic
Q, A, Ya+ Sea! ,
IViicheile ;ota, Notary pubic, BE USED FOR THAT PURPOSE.
L Cecil Twp.I -iv ishingW CounV
My Commission Expires Jody 7, 2008
Member aR^?'c"?"a"'? Association Of Notaries
CERTIFICATE OF SERVICE
I, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a true
and correct copy of the foregoing Praecipe to Satisfy the Judgment Against Garnishee Only was
served upon the following by First Class Mail, postage prepaid on this 5th day of February,
2007.
M&T BANK
P.O. BOX 844
BUFFALO, NY 14240
JOSEPH J. POESCHL
NANCY L. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
9"Wr4d"-
Cathy Ann hromulak, Esq.
Maureen A. Dowd, Esq.
Kurt Winter, Esq.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE. ".
tc7 ? ?1
o
d
"No
r 1
A,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
vs.
JOSEPH L. POESCHL
and NANCY L. POESCHL,
and
M&T BANK,
Plaintiff's Address:
2700 Sanders Road
Prospect Heights, IL 60070
Plaintiff,
Defendants,
Garnishee.
Defendants' Address:
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
Garnishee's Address:
1 FORGE ROAD
BOILING SPRINGS, PA 17007
Date: May 11, 2007
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
CIVIL DIVISION
No. 06-3238-CIVIL TERM
TYPE OF PLEADING:
PRAECIPE FOR A WRIT OF
EXECUTION
FILED ON BEHALF OF:
BENEFICIAL CONSUMER DISCOUNT
COMPANY
COUNSEL OF RECORD:
CATHY ANN CHROMULAK, ESQ.
PA ID NO. 42067
MAUREEN A. DOWD, ESQ.
PA ID NO. 90549
CHRISTINE A. SAUNDERS, ESQ.
PA ID NO. 203373
BETH ARNOLD HOWELL, ESQ.
PA ID NO. 203606
CHROMULAK & ASSOCIATES, L.L.C.
375 Southpointe Boulevard
4th Floor
Canonsburg, PA 15317
(724) 916-2400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
CIVIL DIVISION
No. 06-3238-CIVIL TERM
Plaintiff,
vs.
JOSEPH L. POESCHL
and NANCY L. POESCHL,
Defendants,
and
M&T BANK,
Garnishee.
PRAECIPE FOR WRIT OF EXECUTION
TO: The Prothonotary
Please issue a Writ of Execution in the above matter,
1. directed to the Sheriff of CUMBERLAND County;
2. against JOSEPH L. POESCHL, defendant, and
3. against NANCY L. POESCHL, defendant, and
4. against M&T BANK, garnishee,
5. and index this writ
a. against JOSEPH L. POESCHL, defendant, and
b. against NANCY L. POESCHL, defendant, and
c. 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 defendants in any accounts individual and
joint, personal and business.
6. Amount of Judgment
Additional Interest to Date
Less payments made
(Costs to be added)
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.
$42,461 ?6- 1014`V,2-1
$ 344.82
$10,811.09
CATHY ANN CHROMULAK, ESQ.
MAUREEN A. DOWD, ESQ.
CHRSTINE A. SAUNDERS, ESQ.
BETH ARNOLD HOWELL, ESQ.
oho
P
W
n?
"fQ
? A C C C p C S C
w w ? ?
-h. Cc,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3238 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 JOSEPH L. POESCHL AND NANCY L. POESCHL, 2700 SANDERS ROAD, PROSPECT
HEIGHTS, IL 60070
(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 FORGE ROAD, BOILING SPRINGS, PA 17007, ALL MONIES DUE
DEFENDANTS 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 $10,466.27
L.L.
Interest $344.82
Atty's Comm %
Atty Paid $155.66
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: MAY 24, 2007
(Seal)
Deputy
REQUESTING PARTY:
Name CHRISTINE A. SAUNDERS, ESQUIRE
Address: CHROMULAK & ASSOCIATES, L.L.C.
375 SOUTH POINTE BOULEVARD
4TH FLOOR
CANONSBURG, PA 15317
Attorney for: PLAINTIFF
Telephone: 724-916-2400
Supreme Court ID No. 203373
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT
COMPANY,
Plaintiff,
VS.
CIVIL DIVISION
No. 06-3238-CIVIL TERM
JOSEPH L. POESCHL
and NANCY L. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
Defendants,
and
M&T BANK
Garnishee.
TO: M&T BANK
1 FORGE ROAD
BOILING SPRINGS, PA 17007
,Ut 41 Q?aq'/014fr
a T hn ?e??Oe of6??4vi?e gCCOUAfr
order oth °wn written
re/ease f nd/Or
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.
At\6uy- s 1r,
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 them on any negotiable or other written instrument, or did they
claim that you owed them any money or that you were liable to them for any reason: L
RESPONS!
O
SECOND: If your response to the previous interrogatory was anything other `mil ?p k
unqualified negative, set forth the amount of the claim, and identify the writt en inst
any, that forms the basis of the claim.
®? q.
RESPONSE : O(P 2 ?o
THIS IS AN ATTEMPT TO 0
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 Defendants? The
scope of this interrogatory encompasses, but is not restricted to, the contents of any bank
account(s).
RESPONSE: () d
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: OC)
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 Defendants (or in which Defendants)
held or claimed any interest.
RESPONSE: t)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 p
SEVENTH: At the time you were served or at any subsequent time, did you hold as a fiduciary
any property in which the Defendants had any interest?
RESPONSE: n Q
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: no
NINTH: At any time before or after you were served, did the Defendants 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, 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
ELEVENTH: At any time after you were served, did you pay, transfer or deliver any money or
property of the Defendants or to any person or place pursuant to their direction or otherwise
discharge any claim of the Defendants against you?
RESPONSE: R Q
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: A D
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: no
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:
Respectfully submitted,
M CHROMULAK & ASSOCIATES, L.L.C.
DATE: 51 rl'U? By:
Cathy Ann Chromulak, E44.
Maureen A. Dowd, Esq.
Christine A. Saunders, Esq.
Beth Arnold Howell, 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.
r? 9t
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6 ,. zM
co
r?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER CIVIL DIVISION:
DISCOUNT COMPANY,
Plaintiff, No. 06-3238-CIVIL TERM
VS.
TYPE OF PLEADING:
JOSEPH J. POESCHL and
NANCY L. POESCHL, Praecipe to Discontinue
Defendant, Against Garnishee, M&T
and BANK ONLY
M&T BANK, TYPE OF CASE:
Garnishee.
Civil Action
FILED ON BEHALF OF:
Plaintiff's Address:
2700 Sanders Road BENEFICIAL CONSUMER
Prospect Heights, IL 60070 DISCOUNT COMPANY
Defendant's Address:
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
COUNSEL OF RECORD:
CATHY ANN CHROMULAK, ESQ.
PA ID NO. 42067
MAUREEN A. DOWD, ESQ.
PA ID NO. 90549
BETH ARNOLD HOWELL, ESQ.
PA ID NO. 203606
CHRISTINE A. SAUNDERS, ESQ.
PA ID NO. 203373
CHROMULAK & ASSOCIATES, L.L.C.
375 Southpointe Boulevard
41h Floor
Canonsburg, PA 15317
(724) 916-2400
r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BENEFICIAL CONSUMER
DISCOUNT COMPANY,
VS.
JOSEPH J. POESCHL and
NANCY L. POESCHL,
and
M&T BANK,
CIVIL DIVISION:
No. 06-3238-CIVIL TERM
Plaintiff,
Defendant,
Garnishee.
PRAECIPE TO DISCONTINUE AGAINST GARNISHEE, M&T BANK ONLY
TO THE PROTHONOTARY:
Please discontinue this action against the above garnishee, M&T BANK, and mark the
docket accordingly.
Respectfully submitted,
CHROMULAK & ASSOCIATES, L.L.C.
By: CG' % Ct,
CATHY ANN CHROMUL , ESQ.
MAUREEN A. DOWD, ESQ.
BETH ARNOLD HOWELL, ESQ.
CHRISTINE A. SAUNDERS, ESQ.
Attorneys for Plaintiff
375 Southpointe Boulevard
4th Floor
Canonsburg, PA 15317
Sworn to and subscrib d
Before me this ay
of , 2007.
a -j
t4-4d,
Notary *U-1 c
COMMONWEALTH- OF PENNSYLVANIA
Notarial Seal
Heather L. Hatfield, Notary Public
Cecil Twp., Washington County
MY Corrmssion E-q*es June 29, 2010
Member, Pennsylvania Association of Notaries
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
Y ,
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, M&T BANK Only
was served upon the following by First Class Mail, postage prepaid on this 16th day of July,
2007.
M&T BANK
LORRIE MASKA
P.O. BOX #844
BUFFALO, NY 14240
JOSEPH J. POESCHL
NANCY L. POESCHL
1620 WEST LISBURN ROAD
MECHANICSBURG, PA 17055
e/I ? 1 1
Cathy Ann Chromulak Esq.
Maureen A. Dowd, $sq.
Beth Arnold Howell, Esq.
Christine A. Saunders, Esq.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
.s?
U'1
C? fin,
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J ?
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F-
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C=n
W
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SHERIFF'S RETURN - GARNISHEE
r
a.-CASE NO: 2006-03238 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
POESCHL JOSEPH J ET AL
And now CPL. RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:40 Hours, on the 4th day of June , 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT
POESCHL JOSEPH J
hands, possession, or control of the within named Garnishee
M & T BANK 1 WEST HIGH ST
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
JESSICA REESE (CUSTOMER SVC
personally three copies of interogatories together with 3
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
A.D
, in the
true
and made
So answers:.
le
R. Thomas Kline
Sheriff of Cumberland County
06/04/2
By
SHERIFF'S RETURN - GARNISHEE
.rte
/CASE NO: 2006-03238 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT
VS
POESCHL JOSEPH J ET AL
And now CPL. RICHARD SMITH
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0014:40 Hours, on the 4th day of June , 2007, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
POESCHL NANCY L
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 SVC)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her
Sheriff's Costs: So
, in the
true
and made
Docketing .00 ?
Service 00
Affidavit
Surcharge
Sworn and Subscribed to
.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
0 0 A/1,Jb -7
06/04/2007
before me this day of By
A.D
f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Beneficial Consumer Discount Company,
Plaintiff,
vs.
Joseph J. Poeschl and Nancy L. Poeschl,
Defendant.
Plaintiff's Address:
2700 Sanders Road
Prospect Heights, IL 60070
CIVIL DIVISION:
No. 06-3238 Civil Term
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 ID NO. 42067
BETH ARNOLD HOWELL, ESQ.
PA ID NO. 203606
TERESA K. GABRIEL
PA ID NO. 205696
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.
Joseph J. Poeschl and Nancy L. Poeschl,
Defendant.
CIVIL DIVISION:
No. 06-3238 Civil Term
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please satisfy the judgment against Joseph J. Poeschl and Nancy L. Poeschl, at No. 06-
3238 Civil Term, and mark the docket accordingly.
Respectfully submitted,
CHROMULAK & ASSOCIATES, L.L.C.
By: htb_Atlj-
HY ANN CHROMULAK, ESQ.
BETH ARNOLD HOWELL, ESQ.
TERESA K. GABRIEL, ESQ.
Attorneys for Plaintiff
375 Southpointe Boulevard
4th Floor
Canonsburg, PA 15317
Sworn to and subscribe
Before me this day
of M , 2008.
"4v I i6Aa I -J
Notary blic
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seel
Heather L. Hatfield, Notary Public
Cecil Twp., Washington County
My Commission Expires June 29, 2010
Member, Pennsylvania Association of Notaries
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 3rd day of March, 2008.
Joseph J. Poeschl
Nancy L. Poeschl
1620 West Lisburn Road
Mechanicsburg, PA 17055
Cathy Ann Chromulak, Esq.
Beth Arnold Howell, Esq.
Teresa K. Gabriel, Esq.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
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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 84.57
Docketing 18.00 65.43
Poundage 1.67
Advertising
Law Library .50
Prothonotary 1.00 Refunded on 05/07/08
Mileage 4.40
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00 r
TOTAL 84.57 So Answers,
R. Thomas Kline, S eriff
By OJ t U.C ,,
q ? inn goat ?
RJL-
?L_ Ja I r l
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3238 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 JOSEPH J. POESCHL AND NANCY L. POESCHL, 1620 WEST LISBURN ROAD,
MECHANICSBURG, PA 17055
(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 FORGE ROAD, BOILING SPRINGS, PA 17007 - ALL MONIES DUE
DEFENDANTS 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 $12,461.06
Interest TO DATE - $49.92
Atty's Comm %
Atty Paid $132.16
Plaintiff Paid
Date: AUGUST 9, 2006
(Seal)
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS . LONG
Prothonotary
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
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 1.66
Advertising
Law Library
Prothonotary 2.00
Mileage 4.40
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee 9.00
P
-//3/t
TOTAL 85.06 y 6
l
e
Advance Costs: 150.00
Sheriff's Costs 85.06
64.94
Refunded on 05/07/08
So Answers,
R Thomas Kline Slam .
By
LIAA
:b UJOZ
."
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3238 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 JOSEPH L. POESCHL AND NANCY L. POESCHL, 2700 SANDERS ROAD, PROSPECT
HEIGHTS, IL 60070
(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 FORGE ROAD, BOILING SPRINGS, PA 17007, ALL MONIES DUE
DEFENDANTS 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 $10,466.27
Interest $344.82
Atty's Comm %
Atty Paid $155.66
Plaintiff Paid
Date: MAY 24, 2007
(Seal)
L.L.
Due Prothy $2.00
Other Costs
s R. Long, Prothonotary
Deputy
REQUESTING PARTY:
Name CHRISTINE A. SAUNDERS, ESQUIRE
Address: CHROMULAK & ASSOCIATES, L.L.C.
375 SOUTH POINTE BOULEVARD
4TH FLOOR
CANONSBURG, PA 15317
Attorney for: PLAINTIFF
Telephone: 724-916-2400
Supreme Court ID No. 203373