Preview
FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
MCA SERVICING COMPANY
Index No.: 034003/2023
Plaintiff(s),
-against-
BLUE DP FINANCE GROUP LLC DBA BLUE DP
FINANCE GROUP, and IRMA I DE PABLO DE CHAVEZ AFFIRMATION OF SERVICE
Defendants(s),
Sean O’Brien, an attorney at law, duly authorized to practice in New York, affirms under penalty of perjury,
the following:
I am not a party to the action, am over 18 years of age, and reside at New York, New York. On August 18,
2023 I served the within Summons and Complaint and Agreement (annexed as Exhibit A to the Complaint) to the
address(es) below by causing same to be mailed via Certified Mail with return receipt requested (Tracking
#9415511206203093935622 and 9415511206203093935707) to the Defendants pursuant to the waiver of personal
service in Section 4.5 of the Agreement which states as follows:
“Merchant and Guarantor(s) hereby agree that the mailing of any Summons and Complaint in any
proceeding commenced by MCA SERVICING COMPANY by certified or registered mail,
return receipt requested to the Mailing Address listed on this Agreement, or via email to the
email Address listed on this Agreement, or any other process required by any such Court will
constitute valid and lawful service of process against them without the necessity for service by
any other means provided by statute or rule of court, but without invalidating service performed
in accordance with such other provisions”.
Dated: New York, New York
August 18, 2023
/s/ Sean O’Brien, Esq.
Sean O’Brien, Esq.
Piekarski Law PLLC
Attorneys for Plaintiff
1 Whitehall St., 2nd Fl
New York, New York 10004
Phone: (646) 779-9540
TO:
BLUE DP FINANCE GROUP LLC
IRMA I DE PABLO DE CHAVEZ
7209 NIGHT HAWK DR,
EL PASO, TX, 79912
AND:
JPMORGAN CHASE & CO.
LA4-7200
700 Kansas Lane,
Monroe, LA, 71203
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EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
- ------------------------------------ X
MCA SERVICING COMPANY,
Special Proceeding
Petitioner/Plaintiff Index#:
PETITION
-against-
BLUE DP FINANCE GROUP LLC DBA BLUE DP
FINANCE GROUP and IRMA I DE PABLO DE CHAVEZ,
Respondents/Judgment-Debtors
JPMORGAN CHASE BANK & CO.,
Respondent/ Bank
- ------------------------------------ X
STATE OF NEW YORK)
ss:
COUNTY OF ROCKLAND)
1. Sean O’Brien, Esq, under the penalties of perjury and pursuant to CPLR
2106, affirms:
2. I am an attorney with the office of Piekarski Law, PLLC, attorneys for
Plaintiff/Petitioner MCA Servicing Company (“Petitioner”). As such, I am authorized to make this
Affirmation and do so based upon my own personal knowledge gained during this representation and
my review of all documents relevant to this application, which are attached as exhibits. If, however,
a statement is made upon information and belief that I believe it to be true but do not have sufficient
knowledge and/or evidence at this point to state it with certainty.
3. Petitioner is a Company organized under the laws of the United States of
America with its principal office at 1545 Route 202, Suite 203, Pomona, NY 10970.
4. Upon information and belief, Judgment Debtor BLUE DP FINANCE
GROUP LLC DBA BLUE DP FINANCE GROUP is a company organized and existing under the
laws of the State of Texas.
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5. Upon information and belief, Judgment Debtor BLUE DP FINANCE
GROUP LLC. is a company organized and existing under the laws of the State of Texas.
6. Upon information and belief, Judgment Debtor BLUE DP FINANCE
GROUP. is a company organized and existing under the laws of the State of Texas.
7. Upon information and belief, Judgment Debtor IRMA I DE PABLO DE
CHAVEZ is an individual residing in the State of Texas.
8. Respondent JPMORGAN CHASE BANK & CO. ("CHASE'') is a
Company organized under the laws of the United States of America, with principal offices in the
State of New York.
9. On July 11, 2023, in the Supreme Court of the State of New York, County
of ROCKLAND, a judgment was rendered in favor of Petitioner and against Respondents-
Judgment Debtors in the amount of $75,805.31. A copy of the judgment is annexed hereto as
Exhibit "A".
10. Pursuant to CPLR §5221(a)(4), this Special Proceeding has been
commenced in ROCKLAND County, the county in which the judgment was entered.
11. On or about July 27, 2023, CHASE was served with a restraining notice under
CPLR §5222(b) as to the accounts held by the Judgment Debtors.
12. Sometime thereafter, CHASE responded to the notice, indicating that
CHASE was holding accounts in the name of Respondents-Judgment Debtors. A copy of their
response is annexed hereto as "Exhibit B."
13. The judgment entered was plainly valid and enforceable in New York.
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14. CPLR Section 5225(b) provides in relevant part, "Upon a special proceeding
commenced by the judgment creditor . . . the court may require such person to pay to the judgment
creditor the debt upon maturity, or so much of it as is sufficient to satisfy the judgment, and to
execute and deliver any document necessary to effect payment."
15. Koehler v. Bank of Bermuda, 12 N.Y. 3d 533, 911 N.E.2d 825 (2009),
warrants that a New York court can order a bank subject to New York jurisdiction to turn over
funds held in the name of a judgment debtor to a judgment creditor.
16. The ruling in Koehler and its progeny should apply to this case as well.
Being that the funds are held in JPMORGAN CHASE BANK & CO, a bank plainly subject to New
York jurisdiction 1, It follows that this Court can order JPMORGAN CHASE BANK & CO to turn
over the funds to the Petitioner.
WHEREFORE, Petitioner demands judgment requiring JPMORGAN CHASE
BANK & CO to turn over any and all safe deposit boxes, if any, and funds held in deposit accounts
held in the name of Judgment Debtors, including any held jointly with any other individual up to the
judgment amount of $75,805.31 from May 8, 2023 to Petitioner, the amount required to satisfy
the judgment in the above action and to execute and deliver any document necessary to effect
payment, and for such other and further relief, as the court may deem just and proper.
Dated: New York, New York
August 17, 2023
/s/ Sean O’Brien
Sean O’Brien, Esq.
It is clear that JPMORGAN CHASE BANK & CO conducts systematic and continuous business in New York based on
its multiple branch locations, and office locations throughout the state of New York.
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EXHIBIT B
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
- ------------------------------------ X
MCA SERVICING COMPANY,
Special Proceeding
Petitioner/Plaintiff Index#:
NOTICE OF PETITION
-against-
BLUE DP FINANCE GROUP LLC DBA BLUE DP
FINANCE GROUP and IRMA I DE PABLO DE CHAVEZ
Respondents/Judgment-Debtors
JPMORGAN CHASE BANK & CO.,
Respondent/ Bank
- ------------------------------------ X
PLEASE TAKE NOTICE, that upon the annexed Verified Petition of Sean O’Brien,
Esq., dated August 17, 2023, and upon all of the papers and proceedings had and filed heretofore
herein, the undersigned will move this Court thereof before the Judge sitting, at the Supreme Court
of the State of New York, to be held in and for the County of ROCKLAND at the Courthouse
thereof, Located at 1 S Main St, New City, NY 10956, the 22nd day of _September_ 2023, at
9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard for an Order
directing JPMORGAN CHASE BANK & CO, pursuant to CPLR 5225(b), to pay and deliver over
to Plaintiff all funds and safe deposit boxes held, if any, in the name of the judgment debtors
including those held jointly with any other individual or entity, and for such other and further relief
as to the court may seem just and proper.
Dated: New York, New York
August 17, 2023
/s/ Sean O’Brien
Sean O’Brien, Esq.
Piekarski Law PLLC
Attorneys for Petitioner
1 Whitehall Street 2nd Floor
New York, NY 10004
646-968-8203
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To:
BLUE DP FINANCE GROUP LLC
IRMA I DE PABLO DE CHAVEZ
7209 NIGHT HAWK DR,
EL PASO, TX, 79912
JPMORGAN CHASE & CO.
LA4-7200
700 Kansas Lane,
Monroe, LA, 71203
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EXHIBIT C
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
- ------------------------------------ X
MCA Servicing Company Special Proceeding
Index#:
Petitioner/Judgment-Creditor
TURNOVER ORDER
-against-
BLUE DP FINANCE GROUP LLC DBA BLUE DP
FINANCE GROUP and IRMA I DE PABLO DE CHAVEZ
Respondents/Judgment-Debtors
JPMORGAN CHASE & CO.
Respondent/ Bank
- ------------------------------------ X
WHEREAS, it appears to the satisfaction of this Court, upon petition of MCA
SERVICING COMPANY for a turnover order as to BLUE DP FINANCE GROUP LLC DBA
BLUE DP FINANCE GROUP AND IRMA I DE PABLO DE CHAVEZ dated August 17,
2023, and upon the Petition dated August 17, 2023 and the exhibits annexed thereto with proof
of service that the judgment debtors BLUE DP FINANCE GROUP LLC DBA BLUE DP
FINANCE GROUP AND IRMA I DE PABLO DE CHAVEZ are indebted to Petitioner in the
amount set forth in the judgment, and the petition having come on to be regularly heard by the
Court and there being no opposition thereto;
NOW, THEREFORE, it is ORDERED and ADJUDGED that JP MORGAN
CHASE BANK & CO is directed to turn over to the Petitioner, MCA SERVICING COMPANY,
funds in the accounts of judgment debtors BLUE DP FINANCE GROUP LLC DBA BLUE DP
FINANCE GROUP AND IRMA I DE PABLO DE CHAVEZ held in said bank, up to a
maximum amount of $75,805.31; and it is further
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ADJUDGED, that upon such turn-over of funds that equal the maximum amount
of $75,805.31, the respondent JP MORGAN CHASE BANK & CO shall be discharged of all
liability with respect to said funds to the extent of payment made as herein provided; and it is
further
ORDERED that, within twenty (20) days from the date of entry of this ORDER,
Petitioner shall serve a copy of this Order with notice of entry on Judgment Debtors. are
authorized and commanded to execute and enforce the judgment entered herein and satisfy same
to the extent possible from the proceeds of that certain account or funds held and safety deposit
boxes, if any, at JPMORGAN CHASE & CO. held by the judgment debtors;
ENTER
_________________________
Justice of the Supreme Court
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EXHIBIT D
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FILED:
FILED : ROCKLAND
ROCKLAND COUNTY
COUNTY CLERK
CLERK 08/17/2023
08/18/2023 05:57 PM
05:28 INDEX
INDEX NO.
NO. 034003/2023
032 692 /2 023
07/11/2023|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 411
7 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/17/2023
08/18/2023
07/25/2023
SUPREME
COUNTY
COURT
OF ROCKLAND
OF THE STATE OF NEW YORK FILED
MCA SERVICING COMPANY
ad 11 2 M3
Plaintiff(s), Index No.: 032692/2023
-against-
ROCKLAND COUNTY
BLUE DP FINANCE GROUP LLC, DBA BLUE DP CLERK'S OFFICE
FINANCE GROUP and IRMA I DE PABLO DE
CHAVEZ JUDGMENT
Defendants(s),
The Summons and Complaint in this action having been served upon Defendants and proofs of
service thereof having been filed with the Court and additional copies of the Summons and Complaint
having been mailed pursuant to CPLR 3215(G)(3)(i) and CPLR 3215(G)(4)(i), and Defendants having
failed to appear, answer, or raise an objection to the complaint in point of law, and the time for Defendants
to do so having expired.
Now, on motion of Sean O'Brien Esq. attorney for the Plaintiff, it is ADJUDGED that Plaintiff,
MCA SERVICING COMPANY, having an address at 1545 Route 202, Suite 203, Pomona NY 10970
does recover of BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP, having an
address of 7209 NIGHT HAWK DR, EL PASO, TX 79912 and IRMA I DE PABLO DE CHAVEZ
having an address at 7209 NIGHT HAWK DR, EL PASO, TX 79912 the amount of $74,197.40,
together with interest at 9% per annum from May 8, 2023 in the amount of $1,152.61, plus $455 in costs
and disbursements as taxed by the Clerk, amounting in all to the sum of $75,805.31, and the Plaintiff
have execution therefore.
Dated: New York, New York
DONNA GORMAN SILBERMAN
COUNTY CLERK
Clerk
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NYSCEF
NYSCEF DOC.
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NO. 411
7 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/17/2023
08/18/2023
07/25/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
MCA SERVICING COMPANY
Plaintiff(s), Index No.: 032692/2023
-against-
BLUE DP FINANCE GROUP LLC, DBA BLUE DP
FINANCE GROUP and IRMA I DE PABLO DE
CHAVEZ
BILL OF COSTS
Defendants(s),
DISBURSEMENT
Fee for Index Number................ $210
CPLR§8018(a)
Costs by Statute.......................$200
Motion Fee... ... ... ... ... ... ... ... ... ..$45
TOTAL... ... ... ... ... ... ... ... ... ... ...$455
STATE OF NEW YORK, COUNTY OF NEW YORK: ATTORNEY'S AFFIRMATION
The undersigned, an attorney at law of the State of New York, affirms that he is a member of
Piekarski Law PLLC attorneys for the plaintiff herein and states that the disbursements above specified
are correct and true and have been or will necessarily be made or incurred herein and are reasonable in
amount and affirms this statement to be true under the penalties of perjury.
Dated: New York, New York
July 11, 2023
/s/ Sean O'Brien, Esq.
Sean O'Brien, Esq.
Piekarski Law PLLC
Attorneys for Plaintiff
1 Whitehall St., 2nd F1
New York, New York 10004
Phone: (646) 779-9540
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EXHIBIT E
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CHASE Q
Court Orders and Levies
RCO Centralized Mail
Mail Code: LA4-7200
700 Kansas Lane
Monroe, LA 71203-4774
Phone: 1-866-578-7022
Monday, Jul 31, 2023
PIEKARSKI LAW PLLC
1 WHITEHALL STREET, SUITE 200
NEW YORK, NY 10004
RE: MCA SERVICING COMPANY v. BLUE DP FINANCE GROUP LLC, et al, Index No.: 0326922023
JPMorgan Chase Bank, N.A is in receipt of your Info Sub With RN against the following debtor(s): BLUE DP FINANCE
GROUP. BLUE DP FINANCE GROUP LLC, IRMA I DE PABLO DE CHAVEZ
Memo: No Deposit Accounts - Business debtor not found
Answers for the Information Subpoena
nswer1 No
Answer2 Not Applicable
Answer3 No
Answer4 Not Applicable
Answer5 Not Applicable
nswer6 Yes
Answer7 $5,080.86; 07/2013;$200.00; 07/28/2023; $3,669.56;
01/2021;$150.00; 07/01/2023
nswer8 Information not available
Answer9 Not Applicable
nswer10 Not Applicable
Answer11 Not Applicable
Answer12 No
Answer13 Not Applicable
Answer14 Information not available
Answer15 Not Applicable
Answer16 No
Answer17 Not Applicable
These responses are based upon a search of data contained in JPMorgan Chase Bank. N.A's centralized custorner identification and account inforrnation
system. That system may not necessarily capture all relevant information conceming the judgment debtor(s) or accounts.
Please allow this letter to serve as JPMorgan Chase Bank, N.A's answer to the Info Sub With RN. If you should have any questions regarding this matter,
please contact JPMorgan Chase Bank. N.A at 1-866-578-7022.
GOAL-28Jul23-93 Page 1 of 2
A35
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EXHIBIT F
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UCS-840
REQUEST FOR JUDICIAL INTERVENTION (rev. 02/01/2022)
Supreme COURT, COUNTY OF Rockland
Index No: Date Index Issued: For Court Use Only:
CAPTION Enter the complete case caption. Do not use et al or et ano. If more space is needed, attach a caption rider sheet. IAS Entry Date
MCA Servicing Company
Judge Assigned
Plaintiff(s)/Petitioner(s)
-against-
BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP, IRMA I DE PABLO DE CHAVEZ
RJI Filed Date
Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING: Check only one box and specify where indicated.
COMMERCIAL MATRIMONIAL
☐ Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.) ☐ Contested
☐ Contract NOTE: If there are children under the age of 18, complete and attach the
MATRIMONIAL RJI Addendum (UCS-840M).
☐ Insurance (where insurance company is a party, except arbitration)
☐ UCC (includes sales and negotiable instruments) For Uncontested Matrimonial actions, use the Uncontested Divorce RJI (UD-13).
☐ Other Commercial (specify): REAL PROPERTY Specify how many properties the application includes:
NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d), ☐ Condemnation
complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C).
☐ Mortgage Foreclosure (specify): ☐ Residential ☐ Commercial
TORTS Property Address:
☐ Adult Survivors Act NOTE: For Mortgage Foreclosure actions involving a one to four-family, owner-
☐ Asbestos occupied residential property or owner-occupied condominium, complete and
attach the FORECLOSURE RJI ADDENDUM (UCS-840F).
☐ Environmental (specify):
☐ Medical, Dental or Podiatric Malpractice ☐ Partition
☐ Motor Vehicle NOTE: Complete and attach the PARTITION RJI ADDENDUM (UCS-840P).
☐ Products Liability (specify): ☐ Tax Certiorari (specify): Section: Block: Lot:
☐ Other Negligence (specify): ☐ Tax Foreclosure
☐ Other Professional Malpractice (specify): ☐ Other Real Property (specify):
☐ Other Tort (specify): OTHER MATTERS
SPECIAL PROCEEDINGS ☐ Certificate of Incorporation/Dissolution [see NOTE in COMMERCIAL section]
☐ Child-Parent Security Act (specify): ☐ Assisted Reproduction ☐ Surrogacy Agreement ☐ Emergency Medical Treatment
☐ CPLR Article 75 - Arbitration [see NOTE in COMMERCIAL section] ☐ Habeas Corpus
☐ CPLR Article 78 - Proceeding against a Body or Officer ☐ Local Court Appeal
☐ Election Law ☐ Mechanic's Lien
☐ Extreme Risk Protection Order ☐ Name Change/Sex Designation Change
☐ MHL Article 9.60 - Kendra's Law ☐ Pistol Permit Revocation Hearing
☐ MHL Article 10 - Sex Offender Confinement (specify): ☐ Initial ☐ Review ☐ Sale or Finance of Religious/Not-for-Profit Property
☐ MHL Article 81 (Guardianship) ☐ Other (specify):
☐ Other Mental Hygiene (specify):
☒ Other Special Proceeding (specify): TURNOVER PROCEEDING
STATUS OF ACTION OR PROCEEDING Answer YES or NO for every question and enter additional information where indicated.
YES NO
Has a summons and complaint or summons with notice been filed? ☐ ☒ If yes, date filed:
Has a summons and complaint or summons with notice been served? ☐ ☒ If yes, date served:
Is this action/proceeding being filed post-judgment? ☐ ☒ If yes, judgment date:
NATURE OF JUDICIAL INTERVENTION Check one box only and enter additional information where indicated.
☐ Infant's Compromise
☐ Extreme Risk Protection Order Application
☐ Note of Issue/Certificate of Readiness
☐ Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined:
☐ Notice of Motion Relief Requested: Return Date:
☐ Notice of Petition Relief Requested: Return Date:
☐ Order to Show Cause Relief Requested: Return Date:
☐ Other Ex Parte Application Relief Requested:
☐ Partition Settlement Conference
☐ Poor Person Application
☐ Request for Preliminary Conference
☐ Residential Mortgage Foreclosure Settlement Conference
☐ Writ of Habeas Corpus
☒ Other (specify): TURNOVER PROCEEDING
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RELATED CASES List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If none, leave blank.
If additional space is required, complete and attach the RJI Addendum (UCS-840A).
Case Title Index/Case Number Court Judge (if assigned) Relationship to instant case
MCA SERVICING COMPANY 032692/2023 ROCKLAND COUNTY SUPREME MAIN PROCEEDING
PARTIES For parties without an attorney, check the "Un-Rep" box and enter the party's address, phone number and email in the space
provided. If additional space is required, complete and attach the RJI Addendum (UCS-840A).
Un- Parties Attorneys and Unrepresented Litigants Issue Joined Insurance Carriers
Rep List parties in same order as listed in the For represented parties, provide attorney's name, firm name, address, phone For each defendant, For each defendant,
caption and indicate roles (e.g., plaintiff, and email. For unrepresented parties, provide party's address, phone and indicate if issue has indicate insurance
defendant, 3rd party plaintiff, etc.) email. been joined. carrier, if applicable.
Name: MCA Servicing Company SEAN O'BRIEN, Piekarski Law, 1 Whitehall Street Suite
☐ 200, NEW YORK, NY 10004, 6467799540, ☐ YES ☒ NO
Role(s): Plaintiff/Petitioner sean@piekarski-law.com
Name: BLUE DP FINANCE GROUP 7209 NIGHT HAWK DRIVE, EL PASO, TX 79912
☒ LLC DBA BLUE DP FINANCE GROUP
☐ YES ☒ NO
Role(s): Defendant/Respondent
Name: DE PABLO DE CHAVEZ, 7209 NIGHT HAWK DRIVE, EL PASO, TX 79912
☒ IRMA I.
☐ YES ☒ NO
Role(s): Defendant/Respondent
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐
Preview
FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND MCA SERVICING COMPANY Index No.: 034003/2023 Plaintiff(s), -against- BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP, and IRMA I DE PABLO DE CHAVEZ AFFIRMATION OF SERVICE Defendants(s), Sean O’Brien, an attorney at law, duly authorized to practice in New York, affirms under penalty of perjury, the following: I am not a party to the action, am over 18 years of age, and reside at New York, New York. On August 18, 2023 I served the within Summons and Complaint and Agreement (annexed as Exhibit A to the Complaint) to the address(es) below by causing same to be mailed via Certified Mail with return receipt requested (Tracking #9415511206203093935622 and 9415511206203093935707) to the Defendants pursuant to the waiver of personal service in Section 4.5 of the Agreement which states as follows: “Merchant and Guarantor(s) hereby agree that the mailing of any Summons and Complaint in any proceeding commenced by MCA SERVICING COMPANY by certified or registered mail, return receipt requested to the Mailing Address listed on this Agreement, or via email to the email Address listed on this Agreement, or any other process required by any such Court will constitute valid and lawful service of process against them without the necessity for service by any other means provided by statute or rule of court, but without invalidating service performed in accordance with such other provisions”. Dated: New York, New York August 18, 2023 /s/ Sean O’Brien, Esq. Sean O’Brien, Esq. Piekarski Law PLLC Attorneys for Plaintiff 1 Whitehall St., 2nd Fl New York, New York 10004 Phone: (646) 779-9540 TO: BLUE DP FINANCE GROUP LLC IRMA I DE PABLO DE CHAVEZ 7209 NIGHT HAWK DR, EL PASO, TX, 79912 AND: JPMORGAN CHASE & CO. LA4-7200 700 Kansas Lane, Monroe, LA, 71203 1 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 EXHIBIT A 2 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 08/17/2023 05:28 05:57 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 08/18/2023 08/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND - ------------------------------------ X MCA SERVICING COMPANY, Special Proceeding Petitioner/Plaintiff Index#: PETITION -against- BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP and IRMA I DE PABLO DE CHAVEZ, Respondents/Judgment-Debtors JPMORGAN CHASE BANK & CO., Respondent/ Bank - ------------------------------------ X STATE OF NEW YORK) ss: COUNTY OF ROCKLAND) 1. Sean O’Brien, Esq, under the penalties of perjury and pursuant to CPLR 2106, affirms: 2. I am an attorney with the office of Piekarski Law, PLLC, attorneys for Plaintiff/Petitioner MCA Servicing Company (“Petitioner”). As such, I am authorized to make this Affirmation and do so based upon my own personal knowledge gained during this representation and my review of all documents relevant to this application, which are attached as exhibits. If, however, a statement is made upon information and belief that I believe it to be true but do not have sufficient knowledge and/or evidence at this point to state it with certainty. 3. Petitioner is a Company organized under the laws of the United States of America with its principal office at 1545 Route 202, Suite 203, Pomona, NY 10970. 4. Upon information and belief, Judgment Debtor BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP is a company organized and existing under the laws of the State of Texas. 1 31 of of 19 3 FILED: ROCKLAND COUNTY CLERK 08/18/2023 08/17/2023 05:28 05:57 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 08/18/2023 08/17/2023 5. Upon information and belief, Judgment Debtor BLUE DP FINANCE GROUP LLC. is a company organized and existing under the laws of the State of Texas. 6. Upon information and belief, Judgment Debtor BLUE DP FINANCE GROUP. is a company organized and existing under the laws of the State of Texas. 7. Upon information and belief, Judgment Debtor IRMA I DE PABLO DE CHAVEZ is an individual residing in the State of Texas. 8. Respondent JPMORGAN CHASE BANK & CO. ("CHASE'') is a Company organized under the laws of the United States of America, with principal offices in the State of New York. 9. On July 11, 2023, in the Supreme Court of the State of New York, County of ROCKLAND, a judgment was rendered in favor of Petitioner and against Respondents- Judgment Debtors in the amount of $75,805.31. A copy of the judgment is annexed hereto as Exhibit "A". 10. Pursuant to CPLR §5221(a)(4), this Special Proceeding has been commenced in ROCKLAND County, the county in which the judgment was entered. 11. On or about July 27, 2023, CHASE was served with a restraining notice under CPLR §5222(b) as to the accounts held by the Judgment Debtors. 12. Sometime thereafter, CHASE responded to the notice, indicating that CHASE was holding accounts in the name of Respondents-Judgment Debtors. A copy of their response is annexed hereto as "Exhibit B." 13. The judgment entered was plainly valid and enforceable in New York. 2 42 of of 19 3 FILED: ROCKLAND COUNTY CLERK 08/18/2023 08/17/2023 05:28 05:57 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 1 RECEIVED NYSCEF: 08/18/2023 08/17/2023 14. CPLR Section 5225(b) provides in relevant part, "Upon a special proceeding commenced by the judgment creditor . . . the court may require such person to pay to the judgment creditor the debt upon maturity, or so much of it as is sufficient to satisfy the judgment, and to execute and deliver any document necessary to effect payment." 15. Koehler v. Bank of Bermuda, 12 N.Y. 3d 533, 911 N.E.2d 825 (2009), warrants that a New York court can order a bank subject to New York jurisdiction to turn over funds held in the name of a judgment debtor to a judgment creditor. 16. The ruling in Koehler and its progeny should apply to this case as well. Being that the funds are held in JPMORGAN CHASE BANK & CO, a bank plainly subject to New York jurisdiction 1, It follows that this Court can order JPMORGAN CHASE BANK & CO to turn over the funds to the Petitioner. WHEREFORE, Petitioner demands judgment requiring JPMORGAN CHASE BANK & CO to turn over any and all safe deposit boxes, if any, and funds held in deposit accounts held in the name of Judgment Debtors, including any held jointly with any other individual up to the judgment amount of $75,805.31 from May 8, 2023 to Petitioner, the amount required to satisfy the judgment in the above action and to execute and deliver any document necessary to effect payment, and for such other and further relief, as the court may deem just and proper. Dated: New York, New York August 17, 2023 /s/ Sean O’Brien Sean O’Brien, Esq. It is clear that JPMORGAN CHASE BANK & CO conducts systematic and continuous business in New York based on its multiple branch locations, and office locations throughout the state of New York. 3 53 of of 19 3 FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 EXHIBIT B 6 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 08/17/2023 05:28 05:57 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 2 RECEIVED NYSCEF: 08/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND - ------------------------------------ X MCA SERVICING COMPANY, Special Proceeding Petitioner/Plaintiff Index#: NOTICE OF PETITION -against- BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP and IRMA I DE PABLO DE CHAVEZ Respondents/Judgment-Debtors JPMORGAN CHASE BANK & CO., Respondent/ Bank - ------------------------------------ X PLEASE TAKE NOTICE, that upon the annexed Verified Petition of Sean O’Brien, Esq., dated August 17, 2023, and upon all of the papers and proceedings had and filed heretofore herein, the undersigned will move this Court thereof before the Judge sitting, at the Supreme Court of the State of New York, to be held in and for the County of ROCKLAND at the Courthouse thereof, Located at 1 S Main St, New City, NY 10956, the 22nd day of _September_ 2023, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard for an Order directing JPMORGAN CHASE BANK & CO, pursuant to CPLR 5225(b), to pay and deliver over to Plaintiff all funds and safe deposit boxes held, if any, in the name of the judgment debtors including those held jointly with any other individual or entity, and for such other and further relief as to the court may seem just and proper. Dated: New York, New York August 17, 2023 /s/ Sean O’Brien Sean O’Brien, Esq. Piekarski Law PLLC Attorneys for Petitioner 1 Whitehall Street 2nd Floor New York, NY 10004 646-968-8203 71 of of 19 2 FILED: ROCKLAND COUNTY CLERK 08/18/2023 08/17/2023 05:28 05:57 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 2 RECEIVED NYSCEF: 08/18/2023 To: BLUE DP FINANCE GROUP LLC IRMA I DE PABLO DE CHAVEZ 7209 NIGHT HAWK DR, EL PASO, TX, 79912 JPMORGAN CHASE & CO. LA4-7200 700 Kansas Lane, Monroe, LA, 71203 82 of of 19 2 FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 EXHIBIT C 9 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND - ------------------------------------ X MCA Servicing Company Special Proceeding Index#: Petitioner/Judgment-Creditor TURNOVER ORDER -against- BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP and IRMA I DE PABLO DE CHAVEZ Respondents/Judgment-Debtors JPMORGAN CHASE & CO. Respondent/ Bank - ------------------------------------ X WHEREAS, it appears to the satisfaction of this Court, upon petition of MCA SERVICING COMPANY for a turnover order as to BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP AND IRMA I DE PABLO DE CHAVEZ dated August 17, 2023, and upon the Petition dated August 17, 2023 and the exhibits annexed thereto with proof of service that the judgment debtors BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP AND IRMA I DE PABLO DE CHAVEZ are indebted to Petitioner in the amount set forth in the judgment, and the petition having come on to be regularly heard by the Court and there being no opposition thereto; NOW, THEREFORE, it is ORDERED and ADJUDGED that JP MORGAN CHASE BANK & CO is directed to turn over to the Petitioner, MCA SERVICING COMPANY, funds in the accounts of judgment debtors BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP AND IRMA I DE PABLO DE CHAVEZ held in said bank, up to a maximum amount of $75,805.31; and it is further 10 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 ADJUDGED, that upon such turn-over of funds that equal the maximum amount of $75,805.31, the respondent JP MORGAN CHASE BANK & CO shall be discharged of all liability with respect to said funds to the extent of payment made as herein provided; and it is further ORDERED that, within twenty (20) days from the date of entry of this ORDER, Petitioner shall serve a copy of this Order with notice of entry on Judgment Debtors. are authorized and commanded to execute and enforce the judgment entered herein and satisfy same to the extent possible from the proceeds of that certain account or funds held and safety deposit boxes, if any, at JPMORGAN CHASE & CO. held by the judgment debtors; ENTER _________________________ Justice of the Supreme Court 11 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 EXHIBIT D 12 of 19 FILED: FILED : ROCKLAND ROCKLAND COUNTY COUNTY CLERK CLERK 08/17/2023 08/18/2023 05:57 PM 05:28 INDEX INDEX NO. NO. 034003/2023 032 692 /2 023 07/11/2023| NYSCEF NYSCEF DOC. DOC. NO. NO. 411 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/17/2023 08/18/2023 07/25/2023 SUPREME COUNTY COURT OF ROCKLAND OF THE STATE OF NEW YORK FILED MCA SERVICING COMPANY ad 11 2 M3 Plaintiff(s), Index No.: 032692/2023 -against- ROCKLAND COUNTY BLUE DP FINANCE GROUP LLC, DBA BLUE DP CLERK'S OFFICE FINANCE GROUP and IRMA I DE PABLO DE CHAVEZ JUDGMENT Defendants(s), The Summons and Complaint in this action having been served upon Defendants and proofs of service thereof having been filed with the Court and additional copies of the Summons and Complaint having been mailed pursuant to CPLR 3215(G)(3)(i) and CPLR 3215(G)(4)(i), and Defendants having failed to appear, answer, or raise an objection to the complaint in point of law, and the time for Defendants to do so having expired. Now, on motion of Sean O'Brien Esq. attorney for the Plaintiff, it is ADJUDGED that Plaintiff, MCA SERVICING COMPANY, having an address at 1545 Route 202, Suite 203, Pomona NY 10970 does recover of BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP, having an address of 7209 NIGHT HAWK DR, EL PASO, TX 79912 and IRMA I DE PABLO DE CHAVEZ having an address at 7209 NIGHT HAWK DR, EL PASO, TX 79912 the amount of $74,197.40, together with interest at 9% per annum from May 8, 2023 in the amount of $1,152.61, plus $455 in costs and disbursements as taxed by the Clerk, amounting in all to the sum of $75,805.31, and the Plaintiff have execution therefore. Dated: New York, New York DONNA GORMAN SILBERMAN COUNTY CLERK Clerk 131 of of 19 2 FILED: FILED : ROCKLAND ROCKLAND COUNTY COUNTY CLERK CLERK 08/17/2023 08/18/2023 05:57 PM 05:28 INDEX INDEX NO. NO. 034003/2023 032 6 92 / 2 0 23 07/11/2023| NYSCEF NYSCEF DOC. DOC. NO. NO. 411 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/17/2023 08/18/2023 07/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND MCA SERVICING COMPANY Plaintiff(s), Index No.: 032692/2023 -against- BLUE DP FINANCE GROUP LLC, DBA BLUE DP FINANCE GROUP and IRMA I DE PABLO DE CHAVEZ BILL OF COSTS Defendants(s), DISBURSEMENT Fee for Index Number................ $210 CPLR§8018(a) Costs by Statute.......................$200 Motion Fee... ... ... ... ... ... ... ... ... ..$45 TOTAL... ... ... ... ... ... ... ... ... ... ...$455 STATE OF NEW YORK, COUNTY OF NEW YORK: ATTORNEY'S AFFIRMATION The undersigned, an attorney at law of the State of New York, affirms that he is a member of Piekarski Law PLLC attorneys for the plaintiff herein and states that the disbursements above specified are correct and true and have been or will necessarily be made or incurred herein and are reasonable in amount and affirms this statement to be true under the penalties of perjury. Dated: New York, New York July 11, 2023 /s/ Sean O'Brien, Esq. Sean O'Brien, Esq. Piekarski Law PLLC Attorneys for Plaintiff 1 Whitehall St., 2nd F1 New York, New York 10004 Phone: (646) 779-9540 142 of of 19 2 FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 EXHIBIT E 15 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 08/17/2023 05:28 05:57 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 5 RECEIVED NYSCEF: 08/18/2023 08/17/2023 CHASE Q Court Orders and Levies RCO Centralized Mail Mail Code: LA4-7200 700 Kansas Lane Monroe, LA 71203-4774 Phone: 1-866-578-7022 Monday, Jul 31, 2023 PIEKARSKI LAW PLLC 1 WHITEHALL STREET, SUITE 200 NEW YORK, NY 10004 RE: MCA SERVICING COMPANY v. BLUE DP FINANCE GROUP LLC, et al, Index No.: 0326922023 JPMorgan Chase Bank, N.A is in receipt of your Info Sub With RN against the following debtor(s): BLUE DP FINANCE GROUP. BLUE DP FINANCE GROUP LLC, IRMA I DE PABLO DE CHAVEZ Memo: No Deposit Accounts - Business debtor not found Answers for the Information Subpoena nswer1 No Answer2 Not Applicable Answer3 No Answer4 Not Applicable Answer5 Not Applicable nswer6 Yes Answer7 $5,080.86; 07/2013;$200.00; 07/28/2023; $3,669.56; 01/2021;$150.00; 07/01/2023 nswer8 Information not available Answer9 Not Applicable nswer10 Not Applicable Answer11 Not Applicable Answer12 No Answer13 Not Applicable Answer14 Information not available Answer15 Not Applicable Answer16 No Answer17 Not Applicable These responses are based upon a search of data contained in JPMorgan Chase Bank. N.A's centralized custorner identification and account inforrnation system. That system may not necessarily capture all relevant information conceming the judgment debtor(s) or accounts. Please allow this letter to serve as JPMorgan Chase Bank, N.A's answer to the Info Sub With RN. If you should have any questions regarding this matter, please contact JPMorgan Chase Bank. N.A at 1-866-578-7022. GOAL-28Jul23-93 Page 1 of 2 A35 o4·Pa- 2061Leners- Dage4291of8244 16 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 05:28 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/18/2023 EXHIBIT F 17 of 19 FILED: ROCKLAND COUNTY CLERK 08/18/2023 08/17/2023 05:28 05:57 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 6 RECEIVED NYSCEF: 08/18/2023 08/17/2023 UCS-840 REQUEST FOR JUDICIAL INTERVENTION (rev. 02/01/2022) Supreme COURT, COUNTY OF Rockland Index No: Date Index Issued: For Court Use Only: CAPTION Enter the complete case caption. Do not use et al or et ano. If more space is needed, attach a caption rider sheet. IAS Entry Date MCA Servicing Company Judge Assigned Plaintiff(s)/Petitioner(s) -against- BLUE DP FINANCE GROUP LLC DBA BLUE DP FINANCE GROUP, IRMA I DE PABLO DE CHAVEZ RJI Filed Date Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING: Check only one box and specify where indicated. COMMERCIAL MATRIMONIAL ☐ Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.) ☐ Contested ☐ Contract NOTE: If there are children under the age of 18, complete and attach the MATRIMONIAL RJI Addendum (UCS-840M). ☐ Insurance (where insurance company is a party, except arbitration) ☐ UCC (includes sales and negotiable instruments) For Uncontested Matrimonial actions, use the Uncontested Divorce RJI (UD-13). ☐ Other Commercial (specify): REAL PROPERTY Specify how many properties the application includes: NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d), ☐ Condemnation complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C). ☐ Mortgage Foreclosure (specify): ☐ Residential ☐ Commercial TORTS Property Address: ☐ Adult Survivors Act NOTE: For Mortgage Foreclosure actions involving a one to four-family, owner- ☐ Asbestos occupied residential property or owner-occupied condominium, complete and attach the FORECLOSURE RJI ADDENDUM (UCS-840F). ☐ Environmental (specify): ☐ Medical, Dental or Podiatric Malpractice ☐ Partition ☐ Motor Vehicle NOTE: Complete and attach the PARTITION RJI ADDENDUM (UCS-840P). ☐ Products Liability (specify): ☐ Tax Certiorari (specify): Section: Block: Lot: ☐ Other Negligence (specify): ☐ Tax Foreclosure ☐ Other Professional Malpractice (specify): ☐ Other Real Property (specify): ☐ Other Tort (specify): OTHER MATTERS SPECIAL PROCEEDINGS ☐ Certificate of Incorporation/Dissolution [see NOTE in COMMERCIAL section] ☐ Child-Parent Security Act (specify): ☐ Assisted Reproduction ☐ Surrogacy Agreement ☐ Emergency Medical Treatment ☐ CPLR Article 75 - Arbitration [see NOTE in COMMERCIAL section] ☐ Habeas Corpus ☐ CPLR Article 78 - Proceeding against a Body or Officer ☐ Local Court Appeal ☐ Election Law ☐ Mechanic's Lien ☐ Extreme Risk Protection Order ☐ Name Change/Sex Designation Change ☐ MHL Article 9.60 - Kendra's Law ☐ Pistol Permit Revocation Hearing ☐ MHL Article 10 - Sex Offender Confinement (specify): ☐ Initial ☐ Review ☐ Sale or Finance of Religious/Not-for-Profit Property ☐ MHL Article 81 (Guardianship) ☐ Other (specify): ☐ Other Mental Hygiene (specify): ☒ Other Special Proceeding (specify): TURNOVER PROCEEDING STATUS OF ACTION OR PROCEEDING Answer YES or NO for every question and enter additional information where indicated. YES NO Has a summons and complaint or summons with notice been filed? ☐ ☒ If yes, date filed: Has a summons and complaint or summons with notice been served? ☐ ☒ If yes, date served: Is this action/proceeding being filed post-judgment? ☐ ☒ If yes, judgment date: NATURE OF JUDICIAL INTERVENTION Check one box only and enter additional information where indicated. ☐ Infant's Compromise ☐ Extreme Risk Protection Order Application ☐ Note of Issue/Certificate of Readiness ☐ Notice of Medical, Dental or Podiatric Malpractice Date Issue Joined: ☐ Notice of Motion Relief Requested: Return Date: ☐ Notice of Petition Relief Requested: Return Date: ☐ Order to Show Cause Relief Requested: Return Date: ☐ Other Ex Parte Application Relief Requested: ☐ Partition Settlement Conference ☐ Poor Person Application ☐ Request for Preliminary Conference ☐ Residential Mortgage Foreclosure Settlement Conference ☐ Writ of Habeas Corpus ☒ Other (specify): TURNOVER PROCEEDING 18 1 of 19 2 FILED: ROCKLAND COUNTY CLERK 08/18/2023 08/17/2023 05:28 05:57 PM INDEX NO. 034003/2023 NYSCEF DOC. NO. 7 6 RECEIVED NYSCEF: 08/18/2023 08/17/2023 RELATED CASES List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If none, leave blank. If additional space is required, complete and attach the RJI Addendum (UCS-840A). Case Title Index/Case Number Court Judge (if assigned) Relationship to instant case MCA SERVICING COMPANY 032692/2023 ROCKLAND COUNTY SUPREME MAIN PROCEEDING PARTIES For parties without an attorney, check the "Un-Rep" box and enter the party's address, phone number and email in the space provided. If additional space is required, complete and attach the RJI Addendum (UCS-840A). Un- Parties Attorneys and Unrepresented Litigants Issue Joined Insurance Carriers Rep List parties in same order as listed in the For represented parties, provide attorney's name, firm name, address, phone For each defendant, For each defendant, caption and indicate roles (e.g., plaintiff, and email. For unrepresented parties, provide party's address, phone and indicate if issue has indicate insurance defendant, 3rd party plaintiff, etc.) email. been joined. carrier, if applicable. Name: MCA Servicing Company SEAN O'BRIEN, Piekarski Law, 1 Whitehall Street Suite ☐ 200, NEW YORK, NY 10004, 6467799540, ☐ YES ☒ NO Role(s): Plaintiff/Petitioner sean@piekarski-law.com Name: BLUE DP FINANCE GROUP 7209 NIGHT HAWK DRIVE, EL PASO, TX 79912 ☒ LLC DBA BLUE DP FINANCE GROUP ☐ YES ☒ NO Role(s): Defendant/Respondent Name: DE PABLO DE CHAVEZ, 7209 NIGHT HAWK DRIVE, EL PASO, TX 79912 ☒ IRMA I. ☐ YES ☒ NO Role(s): Defendant/Respondent Name: ☐ ☐ YES ☐ NO Role(s): Name: ☐