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HomeMy WebLinkAbout06-5279IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff, Vs. MICHAEL T. KULP Defendant(s) CIVIL DIVISION No. 0(o l:lt)tC? n 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 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. oc-S279 Plaintiff, vs. MICHAEL T. KULP, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 TYPE OF PLEADING: Complaint TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Defendant's Address: 649 BALTIMORE PIKE GARDNERS, PA 17324 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 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, LLC 375 Southpointe Boulevard 4s' Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, / No, Plaintiff, VS. MICHAEL T. KULP, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof: 1. HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff'. 2. MICHAEL T. KULP is an adult individual residing at 649 BALTIMORE PIKE, GARDNERS, PA 17324. 3. On or about NOVEMBER 17, 2005, Defendant entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Loan Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendant is in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about MARCH 13, 2006. 6. Pursuant to the terms of the Loan Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of THIRTEEN THOUSAND FOUR HUNDRED TWENTY AND 93/100 ($13,420.93) DOLLARS as of JULY 31, 2006. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of THIRTEEN THOUSAND FOUR HUNDRED TWENTY AND 93/100 ($13,420.93) DOLLARS, with interest thereon at the rate of 23.25% from JULY 31, 2006, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By. 41Z?Ip?c[1'4iCJ CATHY XNN 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 Attorneys for Plaintiff 375 Southpointe Boulevard THIS IS AN ATTEMPT TO 4t' Floor COLLECT A DEBT AND ANY Canonsburg, PA 15317 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Personal Credit Line Account Agreement (Page 1 of 3) LENDER (called "We", "Us", "Our") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SOUARE/SUITE 107 MECHANICSBURG PA 17055 BORROWERS (called "You", "Your") KULP, MICHAEL T SS# 194429098 549 BALITMORE PI GARDNERS PA 17324 LOAN NO. 713303-13-137718 INITIAL ANNUAL RIrtUn NpRNLY PENCENTACE ON PORTION OF AVENGE GAILY BALANCE. HiRIODN: MTE RATE: CREDIT LNn DATE OF LOAN UARGN .01 AND OVER 1,834 % 22.000 X 12000 11117/05 15.25000% INITIAL ANNUAL RUasEDUENT ANNUAL FEER RFEE 50.00 R 50.00 In this Agreement, 'you", "your" and 'Borrowei mean the customer(s) who signs this Agreement. "We". "us' and 'our' refer to Lender. This Agreement covers the terms and conditions of your Personal Credit Line Account. We want you to understand how your Personal Credit Line Account works. Reed this carefully, ask us any questions, and if you agree to be bound by this Agreement, sign below. If more than one person signs, each will be responsible for repaying all sums advanced under this Agreement. Your Personal Credit Line is a revolving line of credit attended to you and secured as described below. You can obtain funds from your Personal Credit Line Account (up to your credit limit) directly from us or by using the special checks we supply to you. You may pay your total unpaid balance at any time or in installments. REQUIRED INSURANCE. You may obtain any required insurance from anyone you choose. You must obtain insurance for term of loan covering security for this loan as indicated by the word "YES" below, naming us as loss payee. Physical damage insurance on vehicle listed under "Security" above, if "Y" appears under "Insured." NOTICE: SEE THE FOLLOWING PAGES FOR ADDITIONAL ERRORS. VR NRE 00 NRE REGARDING YOUR RIGHTS TO DISPUTE BILLING n /? 11*??????BAM PA056671 ?j ORIGIMI. Personal Credit Line Account Agreement (Page 2 of 3) AVAILABLE CREDIT. You may obtain funs directly from us or through your spacial cheeks up to your available credit. Each cheek must be written for a least $100. Yew available credit limit Is yaw credit limit (shown m page one) less the total unpaid balance, Including Finance Chergers, of your Account. If you man loot payments by cheek, wo will adjust yaw available credit sewn days after vas resolve yaw check to allow for *hock cloning. If you request funds in a amount that would cause you to exceed yaw wettable credit, we we not obligated to harm yaw request. If we do land you an amount war your wollable credit, you agree to pay us that excess amount plus Finance Charges, Immediately. PROMISE TO PAY. You promise to pry Loner. W amount borrowed undw this Agreement; (b) Finance Charges, Administrative Chrges (the late charge and bed check ohergal, and other charges provided in this Agreement; (al credit insurance charged, if my; Id collection onto permitted by applicable law, including reesonoble atternoys' fees (if the attorney is not our salaried empiayeal; and la) amounts In excess of yew credit limit that ova may lmd you, plus Finance Charges. PAYMENT. You may repay your entire outstanding balance at any time without penalty. You may net use your special cheeks to pry my amounts due under this Agreement. Beeausa the pictures Charge is computed each day, you will comsat us recording the exact payoff amount fm the day you Irnald to make full payment If you do not pay the "tire unpaid balance on your Account at once, you area to pay at last the minimum payment shown on your monthly •tatemmt Payments will be applied as follows: First to my accrued but unpaid Final" Charges. Smond, to my unpaid Administrative charges (the Iwo chwge and bad check charge). Third, to my unpaid credit insurance charges; and Fourth, to the unpaid outstanding balance of your Account. Any pert of your monthly payment to be applied to amounts borrowed on you Account will be applied to the amounts borrowed under you Personal Credit Line Account In the ordw In whim the armors were borrowed. Any port of your monthly payment to be applied to Finance Charges will be applied in the same mains. MINIMUM MONTHLY PAYMENT. The Minimum Monthly Payment for my billing cycle will be the greater of 41) the greater of $25 or the Variable Payment Amount (ON dozer bad below) plus any Administrative Charges and credit insurance charges, rounded to the newest $1; or (2) the Finance Charges due for the billing cycle plus any Adminstratiw Cherges and "edit insurance charges; or U) the amount of the Almost Fee saturated to your Amount. In each instance the Minimum Monthly Payment will be adjusted to include may unpaid amounts due from previous billing cycles. The Variable Payment Amount depends on the monthly periodic rate then applicable to yew Account, and is calculated as follows. Meanly periodic auto Variable hymem Aseeat through 1.33% over 1.33% through 1.45% over 1.45% through 1.57% over 1.57% through 1.70% ever 1.70% through 1.83% over 1.33% through 1.95% over 1.95% 1.43% of Account Balance 1.55% of Account Daiwa 1.67% of Account Balance 1.3016 of Account Balance 1.63% of Account Helene 2.00% of Account Belene 2.15% of Account Balance FINANCE CHARGE. The Finance Charge Is the imrvat charged On the balance of you Aecoum owing cam billing cycle. The Firms* Charge is calculated from the date that aech advance, all"* W charge is posted to your Account. The Finance Charge is computed by multiplying the average doily balance in yew Account in each billing cycle times the monthly periodic rate. The average daily baleco Is determined by totaling all dally unsold belanaes in Such billing cycle and dividing the total by the number of days in that cycle (but net lees than 30). A daily unpaid balance Is the amount Owed each day, excluding say unpaid Finance Charge, Administrative Charges, and credit insurance charges for prior billing cycles. VARIABLE RATE.You agres that the monthly periodic rate used in determining your Finance Charge will be a variable rate which may change from month to month. The monthly periodic rate will be me-twelfth of the sum of the Prime Rate plus the number of pweSmnge points as stated In the "Margin" box an page "e. The Prime Rate applicable to my billing cycle will be the prime rate published in "The Wall Street Journal", a business nowspapar, " the first publication day of the month in which the billing pariod begin. If a rage of rates Is published, vie will use the highest of the roles in the range. Whom a chmpe in the Prime Rats is published, a change In the monthly periodic rate will take affect on the first day of the first complete billing cycle following the data of the published change. The new rate will apply to new loss and charges, and to the existing balance of your account. The initial monthly periodic rate an yaw Account Is shown on page me. The monthly periodic rate will not exceed that permitted by applicable law. If circumstances such as a chmge in the law, my soon ruling m discontinued publicatim of the index do not permit to to continue use of this variable rate Index, ere will change the index according to the procedure set out allow in "Tarminmim and Changes in the Agresment." An increase in the Prime Rate may increase, the Annual Percatage Rate leorresponding to the monthly periodic rate) and the minimum payment on your account. ANNUAL FEE You agree to pay an Ammi Fee an timed an pose one for participation in this revolving credit plan. The Initial Annual Fee is stated an page one and is due and payable an the data that your Account Is established, and the subsequent Annum Fee mated on page one is due and payable an the same day of each subse"om year. You agree that this fee may be charged to your Account balance. BAD CHECK CHARGE. If you pay by s cheek which is returned for any reason, you will pay a bed check chugs at $20. LATE CHARGE If you do not pay any repaired Minimum Monthly Payment within 15 days after it is due, you agree to pay a late charge of 10% of the Minimum Monthly Payment dun or $20, whichever is greater (excluding my unpaid late charges and ameant% due from prim bllllng cycles). OTHER CHANGES. You also agree to pay any amounts actually incurred by Lender fm suvieas rendered in commutation with the Personal Credit Line Account for fees paid to public officials in connection with recording, releasing or satisfying a security interest in the Security. You area that then fees may be charged to your Acaow. balarim EXCHANGE OF INFORMATION. You understand that tram time 10 time vas may receive credit information coneaming you from others, such as stores, other leaders, and credit reporting agencies. You authorise es to share my information, an a regular ball, vas obtain related to yaw AacowrL including but rem limited to credit reports and insurance infomutiak with any of am affiliated Corporations, subsidiaries or whet third parties. The uses of this information may include an inquiry to determine if you qualify for additional wfers of credit. You also anhoria W to share my informatl" regarding your Account with my of ow affiliated eerperellona, subsidiaries m other third portion. YON may prohibit the sharing of sack IahrNanva (except far the searing of IeferexMes rem trvasoatless at experiences between as *ad yea) by asdlap s .rune request which cookies year full same, Social Security Member end Address to as of P.O. Box 1547, Cbeupeda, VA 23320. If you fall to fulfill the terms of your credit obligation, a negative sport reflecting an Yom "edit reemd.msy be submitted to a Credit Reporting Agency. You agree that the Depertmmt of Motor Vehicles for your state's equivalent of such department) may release your reeldenae address to aA should It become necessary to locate you. You agree that our supervisory w8acral may linen io telephone calls between you end our representatives in weer to evaluate the quality of am swvlce to you. TtMINATIOE AM CHANCES IN TOE ACREEMENT. We Cos choose the terms of this AgnemoK Including Ieeresslng your YWSas Msatbly Percent vad Increasing W 0"Inst raft of Flsesre Charge, *"INS an anneal fes wdlu fast If permitted by applicable law, or change the Variable wet Index, at day time. Prier minas notice will be pronldef to pea rehn required by applicable law vales was mean to the these before sat Uses. Ovages may apply to ben now and emarsedle8 ?e)nces sales prohibited by applicable low. However, termination of your credit limit will occur Only as provided in the "Default and Cancellation of Agreement" paragraph. Balances outstanding under this Agreeemm when the credit limit is reduced m terminated will continuo to accrue Interest at the variable contract rate Will paid in full. DEFAULT AND CANCELLATION OF AGREEMENT. We have the right to requlre you to pay your entire belanee plus all other accrued but unpaid charges immediately and to cancel yaw "edit privileges undw this Agreement boom** of is) failure to make airy payment In full when it is due under this Agreement, Ibl frequent overdrawing of your line of credit; W failure to supply n with any information requested. (dl supplying us with misleading, false, incomplete or incertect information; W breaking any of the promises, terms w conditions that us comainad in this Agreement; (R the filing of a bankruptcy petition by or against you; 191 the death of my borrower who signs this Agreement. After default, you will pay our court costs, feesonable attorney fees Iif sftmney is not am salaried employed, and other collection coma related to the deleult if met prohibited by applicable law. You may be awarded reasonable attarmoy's fees if you prevail in an action against us. In the event yaw credit privilege is cancelled, vre have the right to convert your Account to a fixed race of interest which shall be no higher than the variable contract rate in effect at the Nate of conversion. YOUR SILLINC RIGHTS. SEEF THIS NOTICE FOR FOTURE USE. This notice contains important Information about your rights and Lender's rosponsibilities under the Fair Credit Billing ACL Notify Lowder Is Case of Errors at dimensions Abaci You Bill: If you think yaw bill is wrmg, m if you need more Information about a transaction on your bill, write Lender on a "perate sheet at the address hated an year bill after the words: "Send year billing error notice to: (Lender's name and address)." Write I* Lender as soon n possible. Lender must hoer from you no later than 00 days alter Lender sun you the first bill on which the error m problem appeared. You can telephone Liner, but doing so will not preserve your rights. In Your letter, if" Lender the following Information: o YOM name and account member The dollar amount of the suspected error o Deseribe the error end explain, If you can, why you believe there Is an error. If ym nod more Information, describe the Item you are not sure about. Year Rights and Leader'& Respeasibllitlss After Leader Receives Vast Written Notice. Leader must m1mawledge yaw letter within 30 days, unless Lender has corrected the error by then Within 90 days, Leader mum either Correct the error or explain why Lmdw believes the bill was correct. NOTICE SEE THE FOLLOWING PAGE FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS. VA HIRE 00 I?16®®®??®?®I NK52446658N97RLA9000PA0566720MNKULP ORIGINAL PAOSS972 Personal Credit Line Account Agreement (Page 3 of 3) After Lender receives your letter, Lower cannot try to collect my amount you question, or report you as delinquent. Lender em continua to bill yen for the amount you question, Including finance chrgn, and Lender can apply any unpaid amour against your credit limit. You do not have to pay any questioned amount while Lender Is Investigating, but you are still obligated to pry the parts of your bill that are not In question. If Lender finds that Lender made a mistake on your bill, you will not have to pay my finance charges related to my questioned mtsmn. If Lender did hot make a mistake, you may have to pay finance charges. and you will have to make up airy missed payments on the questioned ameum. in either case, Lander will send you a Statement of the amount you ows and the data that It is ante. If you fail to pay the amount that Lender thinks you owe, Lender may report you as delinquent. However, if Lender's explanation don not satisfy you and you writs to Lender within ten days telling Lender that you still refuse to pay, Lender must tell anyone Lender reports yen to that you hew e question about your bill. And Lender must tell yen the name of anyone Lender reported you to. Leader must tell anyone Leader reports you to that the matter has been settled between n when it finally is. If Leader doesn't follow these rubs, Lender can't collect the first $50 of the questioned amount, even if your bill was correct. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDER The terms of the Arbitration Agreement and my other Riders signed as pert of this loan transaction we Incorporated Into this Agreement by reference. APPLICABLE LAW. The terms and conditions of this Agreement will be governed by the provisions of the Pennsylvania Consumer Discount Company Act, Chapter 7, Sections 11201 through 6221, Purdon's Pennsylvania Statutes Annotated, particularly Section 6217.1. Before sigQning this Agreement, you have read and received this Agreement and the Pederal Truth-in-Lending disclosures mnteined an it. You, the customerls) signing below, agree to observe the terms and conditions of this Agreement. This loan is governed by the Pennsylvania Consumer Discount Company Loan Act and applicable Federal law. . r. µ f[.?,L? - ?J A? (SEAL) ?????•i-gn r Customer gtgmtnrc Data Witm 03-O1-00 RL VR IdIE (SEAL) Customer Signature Date. Witness 10111111111111111111 (SEAL) PA056673 oK5244$SS N67RLASOOOPAOSS673OooKULP a ORIGINAL LOAN CLOSING STATEMENT (Page 1 of I) REVOLVING LOAN VOUCHER CREDITOR HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUAREISUITE 107 MECHANICSBURG PA 17055 BORROWERS KULP, MICHAEL T 849 BALITMORE PI GARDNERS PA 17324 LOAN NO: 713303-13-13-7-718 Borrowers agree to and direct the disbursements and Advance indicated below. If any estimated amount shown below varies from the actual amount paid, Borrowers agree to the disbursement of the actual amount and a corresponding change to the Advance shown below. Borrowers agree that this Advance is made under Borrowers' Revolving Loan Agreement (account number shown above.) TO: HFC ON ACCOUNT NUMBER 71330320135515 .....................................f 8044.30 Initial Annual Fee ............................................................f 50.00 CASH OR CHECK TO BORROWER .....................................................E 3905.70 TOTAL ADVANCE(S) ..............................................................f 12000.00 BORROW 06-26-04 RL VoYther INa®®®®111MINN1l®1®®N'®®'111011 "KS24466SON97RLV9000PA1379210""KULP . ORIGINAL PA137921 Carrie A. Radcliff IRecoverSpecialist for HOUSEHOLD FINANCECCONSUMER DISCOUNT COMPANY Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unswom 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 (IA4 -- Carrie A. Radcliff i I vT( `! V cn? ? -ro r -4i rn c v .1 v L M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 06-5279 CIVIL TERM Plaintiff, VS. MICHAEL T. KULP, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 649 BALTIMORE PIKE GARDNERS, PA 17324 Dated: NOVEMBER 7, 2006 TYPE OF PLEADING: Praecipe for Default Judgment TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQUIRE PA ID NO. 42067 AMY L. SABOLCHICK, ESQUIRE PA ID NO. 94653 ANNA M. BONARRIGO, ESQUIRE 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. TO:PROTHONOTARY Please enter judgment by default against the within-named defendant, MICHAEL T. KULP, for failure to file an Answer as follows: Amount Claimed in Complaint: $13,420.93 Interest from 8/01/06 through 11/07/06: 767.37 Costs of Collection through 11/07/06: 510.10 TOTAL $14,698.40 With interest accruing on the total balance of $14,698.40 at the rate of 6% per annum, together with additional costs of suit. CATHY ANN CHROMULAK, S UIRE AMY L. SABOLCHICK, E IRE 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 COUNTY OF WASHINGTON SS: Before me, the ersigned aut 't a Notary Public in and for said County and State, personally appeared, /y4) &(n n , ESQUIRE, attorney for and authorized representative of plaintiff who, being duly sworn according to law, deposes and says that the defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed to defendant on OCTOBER 26, 2006 by certificate of mailing in accordance with Pa.R.C.P. 237.1, as evidenced by the attach py. C Y ANN CHROMULAK, E IRE AMY L. SABOLCHICK, ESQU ANNA M. BONARRIGO, ESQUIRE Sworn t and subscribed b or me This day of Notary y G` &()N7 FAl_i r ail= PENNSYLVANIA ?iotarial Seal Micheiie a Ir,ia. Notary Public Cecil'ru2,. istm gton County My Commissu << YxDir% July 7, 2008 Member. Pennsylvania Association Of Notaries THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, Vs. CIVIL DIVISION No. 06-5279 CIVIL TERM MICHAEL T. KULP, Defendant(s). TO: MICHAEL T. KULP 649 BALTIMORE PIKE GARDNERS, PA 17324 DATE OF NOTICE: OCTOBER 26, 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 OF 800-9904-N. V', By: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CATTY ANN CMefMULAK, E AMY L. SABOLCHICK, ESQ. ANNA M. BONARRIGO, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4t' Floor Canonsburg, PA 15317 .? rn `P C1 r, -a ? p W ? Q .yy 0 3 Z ? xn ?? z a?9O p 07 G , r ?' 2 a. ? P_ o p?$ (p N o z m r ? o 3 147 $. c. ft Q .- Ig? . ? ? As 9 ? N ? ? r b r Ct7 J LIJ Qy q. rlf'1t3? b Q k ? o Om. 9F4 p$? m. tat . a s np? ? t • Q' a_ a ?c m 33 7 5 i ?. Iluuw11I UNt?EpS} lip mm l m ?? b C=r. CD :a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 06-5279 CIVIL TERM Plaintiff, VS. MICHAEL T. KULP, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: MICHAEL T. KULP 649 BALTIMORE PIKE GARDNERS, PA 17324 (X) Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on -?Ppfl AL ? () A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $14,698.40 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff, VS. MICHAEL T. KULP Defendant, CIVIL DIVISION No. 06-5279 CIVIL TERM TYPE OF PLEADING: PRAECIPE FOR A WRIT OF EXECUTION and FILED ON BEHALF OF: FARMERS NATIONAL BANK Garnishee, and M & T BANK Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Garnishee. 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. Defendant's Address: 649 BALTIMORE PIKE GARDNERS, PA 17324 Date: November 22, 2006 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 1- --or. K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff, VS. MICHAEL T. KULP Defendant, and FARMERS NATIONAL BANK Garnishee, and M&TBANK TO: The Prothonotary Garnishee. CIVIL DIVISION No. 06-5279 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Please issue a Writ of Execution in the above matter, 1. directed to the Sheriff of CLEARFIELD County; 2. against MICHAEL T. KULP, defendant, and 3. against FARMERS NATIONAL BANK, garnishee, and 4. against M & T BANK, garnishee 5. and index this writ a. against MICHAEL T. KULP, defendant, and b. against FARMERS NATIONAL BANK, garnishee, and any prop2401 of the defendant in the name of Garnishee, and -R.1 a¢?uEri?i a. ?1 C 1 -PA /s;bt-k- c. against M & T BANK, garnishee, and any property of the defendant in the name of Garnishee: - L 2l S?x,;x S,[, ?/y(E !? ! L6 S ! -" 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) 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. $14,698.40 $ 34.30 $14,732.70 SHY ANN CHROMULEM, ESQ. AMY L. SABOLCHICK, ANNA M. BONARRIGO, ESQ. b ? Q Z c a w? d Q o ? c? c f ?v w a j Ka ' "lP r V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5279 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CLEARF a COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MICHAEL T. KULP, 649 BALTIMORE PIKE, GARDNERS, PA 17324 (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 - FARMERS NATIONAL BANK, 861 BEAVER DR., DUBOIS, PA 15801 ANDM & T BANK, 621 SPRING ST., HOUTZDALE, PA 16651 - ALL MONIES DUE DEFENDANT IN ANY ACCOUNTS, INDIVIDUAL AND JOINT, PERSONAL AND BUSINESS. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $14,698.40 Interest TO DATE $34.30 Atty's Comm % Atty Paid $173.20 Plaintiff Paid Date: NOVEMBER 28, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Cu s R. Long, P ry By: REQUESTING PARTY: Name ANNA M. BONARRIGO, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD 4TH FLOOR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Deputy Telephone: 724-916-2400 Supreme Court ID No. 202070 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05279 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS KULP MICHAEL T ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KULP MICHAEL T the DEFENDANT , at 0845:00 HOURS, on the 5th day of October , 2006 at 649 BALTIMORE PIKE GARDNERS, PA 17324 MICHAEL KULP by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 17.60 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 45.60 ? 10/06/2006 CHROMULAK & ASSOCIATES Sworn and Subscibed to By before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05279 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS KULP MICHAEL T ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon KULP MICHAEL T the DEFENDANT , at 0008:45 HOURS, on the 5th day of October , 2006 at 649 BALTIMORE PIKE GARDNERS, PA 17324 MICHAEL T. KULP a true and attested copy of NOTICE COMPLAINT together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: So Answers: Docketing 18.00 Service 17.60 Affidavit 00 J' - Surcharge 10.00 R. Thomas Kline .00 45.60 10/06/2006 4 /r?oG/d G CHROMULAK & ASSOCIATES Sworn and Subscibed to By before me this day Deputy S eriff by handing to of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff, vs. MICHAEL T. KULP 649 BALTIMORE PIKE GARDNERS, PA 17324 Defendant, and FARMERS NATIONAL BANK Garnishee, and M&TBANK Garnishee. TO: M&TBANK 621 SPRING STREET HOUTZDALE, PA 16651 I-T . 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 hsux s ,V 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: .0\ b `,-?3 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. /-t c-C- rQ?L Balances Provided May not Reflect Unposted Transactions or Legal Document Processing Fees CIVIL DIVISION No. 06-5279 CIVIL TERM THERD: 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: 0D 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: \ I P 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: 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: 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: 00 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: k) ?A 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: 00 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: 0?P 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: 0 o THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i J 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: I? DATE: ':? - u ? JANICE M. GLASGOW M&T BANK Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: CATHV-AlqN CHROMULAK, AMY L. SABOLCHICK, ESQ. ANNA M. BONARRIGO, ESQ. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 ?f 1?aT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -n ,._ -4 fTl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. MICHAEL T. KULP, and Defendant, FARMERS NATIONAL BANK, Garnishee, and M&T BANK Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION No. 06-5279 CIVIL TERM TYPE OF PLEADING: Praecipe to Discontinue Against Garnishees ONLY TYPE OF CASE: Civil Action FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MAUREEN A. DOWD, ESQ. PA ID NO. 90549 KURT J. WINTER, ESQ. PA ID NO. 84801 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4'' Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Garnishee. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. MICHAEL T. KULP, Defendant, and FARMERS NATIONAL BANK, Garnishee, and M&T BANK Garnishee. CIVIL DIVISION No. 06-5279 CIVIL TERM PRAECIPE TO DISCONTINUE AGAINST GARNISHEES ONLY TO PROTHONOTARY: Please discontinue this action against the above garnishee, FARMERS NATIONAL BANK and M&T BANK, and mark the docket accordingly. Sworn to and subscribed Before me this r day of lam , 2007. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By:?. CATHY ANN ROMULAK, ESQ. MAUREEN A. DOWD, ESQ. KURT J. WINTER, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 UL-a 4 Notary Pu lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heather L Hatfield, Notary Public Cecil Twp., Washington county My Commission Expires June 29 2010 Memh©r, PGrnwEv?ni? A, sOCi?+ipn of Notarle4 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. • "k- CERTIFICATE OF SERVICE I, counsel for HOUSEHOLD FINANCE 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 23rd day of February, 2007. FARMERS NATIONAL BANK 861 BEAVER DRIVE DUBOIS, PA 15801 M&T BANK JANICE M. GLASGOW P.O. BOX 844 BUFFALO, NY 14240 MICHAEL T. KULP 649 BALTIMORE PIKE GARDNERS, PA 17324 ?e- 7 7 Poe s Cathy Ann Chromulak, Esq. Maureen A. Dowd, Esq. Kurt J. Winter, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C, 1 _ ? ? ? ? ' it ? ? J 3 I (T7 L •... ID .. +J,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. MICHAEL T. KULP, and M&TBANK, Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 649 BALTIMORE PIKE GARDNERS, PA 17324 Garnishee's Address: 1 WEST HIGH STREET CARLISLE, PA 17013 Defendant, Garnishee. Date: NOVEMBER 29, 2007 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL DIVISION No. 06-5279 TYPE OF PLEADING: PRAECIPE FOR A WRIT OF EXECUTION FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 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 HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. MICHAEL T. KULP, and M&TBANK, Defendant, CIVIL DIVISION No. 06-5279 Garnishee. TO: The Prothonotary PRAECIPE FOR WRIT OF EXECUTION Please issue a Writ of Execution in the above matter, I . directed to the Sheriff of CUMBERLAND County; 2. against MICHAEL T. KULP, defendant, and 3. against M & T BANK, garnishee, 4. and index this writ a. against MICHAEL T. KULP, defendant, and b. against M & T BANK, garnishee, and any property of the defendant in the name of Garnishee: Said Writ of Execution is pursuant to all monies due defendant in any accounts, individual and joint, personal and business. 5. Amount of Judgment $14,498-40 1+,A48.40 Additional Interest to Date $ 1,024.44 Less Payments $ 450.00 (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. $15,272.84 ( *11-41 Ed4t?r'A CATHY ANWCHROMULAK, ESQ. MAUREEN A. DOWD, ESQ. CHRISTINE A. SAUNDERS, ESQ. BETH ARNOLD HOWELL, ESQ. bA `0A- a FRI 56 GJ 3 ` CM WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5279 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MICHAEL T. KULP, 649 Baltimore Pike, Gardners, PA 17324 (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 West High Street, Carlisle, PA 17013 Writ of Execution is pursuant to 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 $14,248.40 L.L. Interest -- $1,024.44 Atty's Comm % Due Prothy $2.00 Atty Paid $195.20 Other Costs Plaintiff Paid Date: 12/14/07 I 5 ' Oiirtis R. Long, Prothonott (Seal) By: Deputy REQUESTING PARTY: Name CHRISTINE A. SAUNDERS, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD, 4TH FLR CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 203373 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-05279 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS KULP MICHAEL T And now STEVE BENDER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:40 Hours, on the 27th day of December-, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT KULP MICHAEL T 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 (SALES ASSOC) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . , in the true and made Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 ? 10310e 12/28/2007 Sworn and Subscribed to before me this day of By /9?z e10eputy Sheriff A.D 12/21/2007 10:43 17249162411 CHROMULAK ASSOCIATES PAGE 02 F CUMBERLAND COUNTY, IN THE COURT OF COMMON PLEAS f PENNSYLVANIA, HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. MICHAEL T. KULP, 64913ALTIMORE PIKE GARDNERS, PA 17324 Defendant, and M&TBANK Garnishee. TO: M & T BANK 1 WEST HIGH STREET CARLISLE, PA 17013 You are required to file Answers to the service upon you. Failure to do so may CWIL DIVISION No. 06-5279 interrogatories within twenty (20) days after Judgment against you. FIRST: At the time you were served o at any subsequent time did you owe the Defendant any money or were you liable to him/her on y negotiable or other written instrument, or did he/she claim that you owed him/her any mon or that you were liable to him/her for any reason: RESPONSE: SECOND: If your response to the previoi unqualified negative, set forth the amount of any, that forms the basis of the claim. RESPONSE: %11151 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ba-lanct,. %'G,j Trat;e; ,gal ., u interrogatory was anything other than an e claim, and identify the written instrument, if =:? a(o IC)-.A-;s ('-, 12/21/2007 10:43 17249162411 1-1-? THIRD: . At the time you were served c possession, custody or control or in the joint or more persons any property of any nature c of this interrogatory encompasses, but is not RESPONSE: FOURTH: If your response to the previ unqualified negative, identify the property, RESPONSE: NX) CHROMULAK ASSOCIATES PAGE 03 at any subsequent time, was there in your ossession, custody or control of yourself and one ;rated solely or in part by the Defendant? The scope .stricted to, the contents of any bank account(s). interrogatory was anything other than an in the case of monetary assets, state the amount. FIFTH: At the time you were served o at any subsequent time, did you hold legal title to any property of any nature owned solely or ir art by the Defendant (or is wbiich Defendant) held or claimed any interest. RESPONSE: n w,? SIXTH: If your response to the prey; unqualified negative, identify the property, interrogatory was anything other than an in the case of monetary assets, state the amount. RESPONSE: SEVENTH: At the time you were served of any property in which the Defendant had any any subsequent time, did you hold as a fiduciary RESPONSE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12/21/2007 10:43 17249162411 U EI. GHTH , If your response to the previ unqualified negative, identify the property, RESPONSE: hmim: At any time before or after any property to you or to any person or what was the consideration therefore? RESPONSE: U " 3 TENTH: If your response to the prey: unqualified negative, identify the property, and state the date of the transfer and the na RESPONSE: 9LEVENTH: At anytime after you were property of the Defendant or to any person discharge any claim, of the Defendant again RESPONSE: N TWELFTH: If your response to the previ unqualified negative, identify the property, state the date of transfer and the name and RESPONSE: TH13 13 AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CHROMULAK ASSOCIATES PAGE 04 interrogatory was anything other than an in the case of monetary assets, state the amount. were served, did the Defendant transfer or deliver buzsuant to your direction or consent and, if so, interrogatory was anything other than an in the case of monetary assets, state the amount, and address of the transferee(s). did you pay, transfer or deliver any money or ,e pursuant to their direction or otherwise 7 interrogatory was anything other than an ne case of monetary assets, state the amount, and ess of the transferee(s). 12/21/2007 10:43 17249162411 CHROMULAK ASSOCIATES PAGE 05 THIRTEENTH: If you are a bank or other at any subsequent time did the defendant ha deposited electronically on a recurring basis deposit are exempt from execution, levy or identify each account and state the reason fa depositing those funds on a recurring basis RESPONSE: K )Z) ian, al institution, at the time you were served or funds on deposit in an account in which funds are td which are identified as being farads that upon achment under Pennsylvania or federal law? If so; he exemption and the entity electronically FOURTEENTH: If you are a bank or other at any subsequent time did the defendant hav on deposit, not including any otherwise ex monetary exemption under 42 PaC.S. Sectio RESPONSE: financial institution, at the time you were served or funds on deposit in an account in which the funds it funds, did not exceed the amount of the general 81237 If so, ifttify each account submitted, k. & ASSOCIATES, L.L.C. DATE: ?l c?1 6-7 V ? 1U? Q tgj BAN%, ,AN 111 y. 4Q-?? 0 athy Ann Chrom-alak, sq. [aureen A. Dowd, Esq. baistine A. Saunders, Esq. eth Arnold Howell, Esq. 75 Sou`thpointe'$oulevard h Floor anonsburg, PA 15317 124) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ?3 f i ?? ?t"t °^ ? x- ?,.? y ,l ?-, [`w3 '. ..-? ++ . - h"` .. _ .. ?.i / "- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, vs. MICHAEL T. KULP, and Defendant, CIVIL DIVISION: No. 06-5279 M&T BANK, Garnishee. PRAECIPE TO DISCONTINUE AGAINST GARNISHEE 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: A , 2 / ' 2 CATHY ANN CHCR?O ULAK, ESQ. MAUREEN A. DOWD, ESQ. BETH ARNOLD HOWELL, ESQ. CHRISTINE A. SAUNDERS, ESQ. TERESA K. GABRIEL, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this 2 day of2008. Notary Pub is GOMMONWEALTT-i OF PENNSYLVANIA Notarial Seal Heather L. Hatfield, Notary Public Cecil Twp., Washington County MY Commission Expires 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. CERTIFICATE OF SERVICE I, counsel for HOUSEHOLD FINANCE 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 24TH day of JANUARY, 2008. M&T BANK C/O LORRIE MASKA P.O. BOX 844 BUFFALO, NY 14240 MICHAEL T. KULP 649 BALTIMORE PIKE GARDNERS, PA 17324 e1111 ; r4,, Cathy Ann Chromulak, Esq. Maureen A. Dowd, Esq. Beth Arnold Howell, Esq. Christine A. Saunders, Esq. Teresa K. Gabriel, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ??? - ? _? ?`} X ti:- 77 -r ?,.? pp ? r ?'t = ? ? S ??' f SLS Y `"' ._ ? ? ? D P'J L? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. MICHAEL T. KULP, and M&TBANK, Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 649 BALTIMORE PIKE GARDNERS, PA 17324 Garnishee's Address: 1 WEST HIGH STREET CARLISLE, PA 17013 Date: MARCH 7, 2008 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Defendant, Garnishee. CIVIL DIVISION No. 06-5279 TYPE OF PLEADING: PRAECIPE FOR A WRIT OF EXECUTION FILED ON BEHALF OF: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. GABRIEL, ESQ. PA ID NO. 205696 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 1L- I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, VS. MICHAEL T. KULP, and M & T BANK, Garnishee. TO: The Prothonotary Plaintiff, Defendant, CIVIL DIVISION No. 06-5279 PRAECIPE FOR WRIT OF EXECUTION Please issue a Writ of Execution in the above matter, 1. directed to the Sheriff of CUMBERLAND County; 2. against MICHAEL T. KULP, defendant, and 3. against M & T BANK, garnishee, 4. and index this writ a. against MICHAEL T. KULP, defendant, and b. against M & T BANK, garnishee, and any property of the defendant in the name of Garnishee: Said Writ of Execution is pursuant to all monies due defendant in M accounts, individual and joint, personal and business. Amount of Judgment Additional Interest to Date Less Payments (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. $14,698.40 $ 1,258.08 $ 450.00 $15,506.48 J CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. GABRIEL, ESQ. -t ? O L W '64 90 S t? 44 PQJ? SLi O I b D JJL 00 VI -Q (n (J1 VI t it -? $?pOOaod ; CO a C'J "' C:7? OA3 N rv O fT] WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5279 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLOD FINANCE CONSUMER DISCOUTN COMPANY, Plaintiff (s) From MICHAEL T. KULP, 649 Baltimore Pike, Gardners, PA 17324 (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 West High Street, Carlisle, PA 17013 Any property of the defendant and all monies due 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 $14,248.40 Interest to Date -- $1,258.08 Atty's Comm % Atty Paid $227.70 Plaintiff Paid Date: 3/12/08 L.L. Due Prothy $2.00 Other Costs Curt' R. Long, P onotary(Seal) REQUESTING PARTY: Name TERESA K. GABRIEL, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD, 4TH FLR. CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 By: Deputy Supreme Court ID No. 205696 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, Plaintiff, CIVIL DIVISION: No. 06-5279 vs. TYPE OF PLEADING: Michael T. Kulp, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Praecipe to Satisfy Judgment TYPE OF CASE: Civil Action FILED ON BEHALF OF: Household Finance Consumer Discount Company COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, Plaintiff, vs. CIVIL DIVISION• No. 06-5279 Michael T. Kulp, Defendant. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please satisfy the judgment against Michael T. Kulp, at No. 06-5279, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: CATHY ANN CHROMULAKES BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this day of , 2008. Notary Pu is THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AMMO. 1WFALTH OF'i-ENNSYLVANbr Vuastrntfic i County is a Jurti3 'xJ, 2C CERTIFICATE OF SERVICE I, counsel for Household Finance Consumer Discount Company, hereby certify that a true and correct copy of the foregoing Praecipe to Satisfy Judgment was served upon the following by First Class Mail, postage prepaid on this 30th day of April, 2008. Michael T. Kulp 649 Baltimore Pike Gardners, Pa 17324 Cathy Ann Chromulak, Esq. Beth Arnold Howell, Esq. Teresa K. Fuchs, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 00 J f CQ b cc_ 44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, VS. MICHAEL T. KULP, 649 BALTIMORE PIKE GARDNERS, PA 17324 Defendant, and M&TBANK Garnishee. TO: M&TBANK 1 WEST HIGH STREET CARLISLE, PA 17013 CIVIL DIVISION No. 06-5279 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. INTERRO TORIES 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: ?j 0 SECOND: If your response to the previous interrogatory was anything 6111e. unqualified negative, set forth the amount of the claim, and identify the written any, that forms the basis of the claim. RESPONSE: 1 v V- THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. A, 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: OD FOURTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount. RESPONSE: --? FIFTH: At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the Defendant (or in which Defendant) held or claimed any interest. RESPONSE: SIXTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, and in the case of monetary assets, state the amount. RESPONSE: SEVENTH: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which the Defendant had any interest? RESPONSE: 0 n THIS 13 AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. of EIGHTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the roe and in the case of monetary assets, state the amount. RESPONSE: n?? 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: P0 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: 0-1-? 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: 00 TWELFTH: If your response to the previous interrogatory was anything other than an unqualified negative, identify the property, in the case of monetary assets, state the amount, and state the date of transfer and the name and address of the transferee(s). RESPONSE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIRTEENTH: If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption and the entity electronically depositing those funds on a recurring basis RESPONSE: FOURTEENTH: If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 PaC.S. Section 8123? If so, identify each account RESPONSE: f-;, DATE: - 1- THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TALIA S. PALMER M&T BANK I", Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: k? L, CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. GABRIEL, ESQ. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 r-? ? C? t" ?? i __? ? ?. ,? , „ , w- s° _., ..? ?-??. e? SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-05279 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS KULP MICHAEL T And now DENNIS FR ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0016:05 Hours, on the 27th day of May 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT KULP MICHAEL T , 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 L. REESE personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answer Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County 0000 ? 05/29/2008 Sworn and Subscribed to before me this day of By i Deputy ex"i ff A.D R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sb? ff's (`bests: rL? , t.1.11 - - --3 Doo .ing $ Poundage A&6 tismg- Law'LibrarrT- Protbonotar- MiI* Surcharge Levy Post Pone Sale Garnishee Postage TOTAL $ Advance Costs: 300.00 Sheriff's Costs 164.22 36.00 135.78 3.22 2.00 Refunded to Atty on 11/14/08 5.00 60.00 40.00 18.00 164.22 ? !! 2 `? p ?-^ So Answers; R. omas nne heriff B Y E0 .t, C-j E i yaw Ed i Vol 47V 1 W410 6e G c? J Ck Gt y-'21 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5279 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLOD FINANCE CONSUMER DISCOUTN COMPANY, Plaintiff (s) From MICHAEL T. KULP, 649 Baltimore Pike, Gardners, PA 17324 (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 West High Street, Carlisle, PA 17013 Any property of the defendant and all monies due 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 $14,248.40 Interest to Date -- $1,258.08 Atty's Comm % Atty Paid $227.70 Plaintiff Paid Date: 3/12/08 L.L. Due Prothy $2.00 Other Costs ?- )kaj Curtis 'V Long, P notary (Seal) REQUESTING PARTY: Nacre TERESA K. GABRIEL, ESQUIRE Address: CHROMULAK & ASSOCIATES, L.L.C. 375 SOUTHPOINTE BOULEVARD, 4TH FLR. CANONSBURG, PA 15317 Attorney for: PLAINTIFF Telephone: 724-916-2400 Supreme Court ID No. 205696 By: Deputy