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HomeMy WebLinkAbout07-0460 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, CIVIL DIVISION No. 07 -,l.j/,.6 (!/o"t /~ Vs. LEONARD H. SPECHT and KIMBERLY D. SPECHT Defendant( s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 717-249-3166 OR 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 0 ~,- Lj(,O Plaintiff, vs. TYPE OF PLEADING: Complaint LEONARD H. SPECHT and KIMBERLY D. SPECHT TYPE OF CASE: Defendants. Civil Action FILED ON BEHALF OF: Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendants' Address: 3444 WALNUT STREET CAMP HILL, PA 17011 CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 AMY L. SABOLCHICK, ESQ. PAID NO. 94653 ANNA M. BONARRIGO, ESQ. PAID NO. 202070 JOSEPH E. DEVINE, ESQ. PA ID NO. 202508 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 0 '1 -I../~b C~t.:>~l ~~ Plaintiff, vs. LEONARD H. SPECHT and KIMBERLYD. SPECHT, Defendants. COMPLAINT AND NOW COMES, the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof: 1. BENEFICIAL CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff'. 2. LEONARD H. SPECHT and KIMBERLY D. SPECHT are adult individuals residing at 3444 WALNUT STREET, CAMP HILL, PA 17011. 3. On or about JULY 29, 2005, Defendants entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Loan Agreement with the Defendants, Plaintiff advanced funds to the Defendants. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendants are in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about OCTOBER 9, 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 Defendants is in the sum of NINE THOUSAND SIX HUNDRED EIGHTY FOUR AND 10/100 ($9,684.10) DOLLARS as of DECEMBER 6,2006. 7. Numerous demands have been made upon the Defendants by Plaintiff, but the Defendants have 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 NINE THOUSAND SIX HUNDRED EIGHTY FOUR AND 10/100 ($9,684.10) DOLLARS, with interest thereon at the rate of 24% from DECEMBER 6,2006, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page I of 4) LENDER (cIlled "We", "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 4910 CARLISLE PIKE SUITE 104-HAMPDEN CENTER MECHANICSBURG PA 11050 BORROWERS (called "Vou", "Vour") SPECHT. LEONARD H SS' 169545211 SPECHT. KIMBERLY 0 55# 116529109 3444 WALNUT STREET CAMP HILL PA 11011 LOAN NO: 111114-20-514515 ON PORTION OF AVERAGE DA'L Y BALANCE MON Y PERIODIC RATE ANNUAL PERCENTAGE BAlt: 2.000 % _ 24.000 % CREDIT LIMIT DATE OF LOAN = . 10000 01/29105 INI IAL ANNUAL SueSEOUENT ANNUAL FEE FEE . .01 AND OVER ... In this Agreement, "you", "your" and "Borrower" mean the customer(s) who signs this Agreement. "We", "us", and. "our" refer to Lender. This Agreement covers the terms and conditions of your Personal Credit Line Account. We want you to understand how your Personal Credit Line Account works. Read this carefully, ask us any questions, and if you agree to be bound by this Agreement, sign below. If more than one person signs, each will be responsible for repaying all sums advanced under this Agreement. Your Credit Line Account is a revolving line of credit extended to you and secured as described below. You can obtain funds from your Personal Credit Line Account (up to your credit limit) directly from us or by using the special checks we supply to you. You may pay your total unpaid balance at any time or in installments. REQUIRED INSURANCE. You must obtain insurance for term of loan covering security for this loan agreement as indicated by the word "YES" below. naming us as Loss Payee: NOTICE: SEE THE FOllOWING PAGES FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPlITE :~~~~~O~RORS. 11111111111 ~1I1111111111 F NRE EXHIBIT WS45A91S46098RlA8000PA l I ''J} " Physical damage insurance on vehicle listed under "Security" above. if "Y" appears under "]nsured," You may obtain any required insurance from anyone you choose. PA056361 ORIGINAL I IPERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 2 of 4) A vailable Credit: Y Ju may obtain funds directly from us or through your special checks up to your available credit. Each check must be wntten for at least $100.00. Your available credit is your credit limit (shown on page one) less the total unpaid balance, including Finance Charges, of your Account. If you make loan payments by check, we will adjust your available credit seven days after we receive your check to aJ10w for check clearing. If you request funds in an amount that would cause you to exteed your available credit, we are not obligated to honor your request. If we do lend you an amount over your available cNldit, you agree to pay us that excess amount, plus Finance Charges, immediately. I Promise to Pay: Y QU promise to pay Lender: (a) amounts borrowed under this Agreement; (b) Finance Charges, AdmInistratIve Charges (the late charge and bad check charge) and other charges provided in this Agreement; (c) credit insurance charges, if Jny; (d) coJ1ection costs permitted by applicable law, including reasonable attorneys' fees; and (e) amounts in excess of y6ur credit limit that we may lend you, plus Finance Charges. I Payments: You may:repay your entire outstanding balance at any time without penalty. You may not use your special checkS to pay any amounts due under this Agreement. Because the Finance Charge is computed each day, you will contact us regarding the exactlpayoff amount for the day you intend to make fuJ1 payment. If you do not pay the entire unpaid balance on your Account at once, you agree to pay at least the minimum payment shown on your monthly statement. Payments will be aplplied as follows: First, to any accrued but unpaid Finance Charges; Second, to any unpaid Administrative Charges (the late charge and bad check charge); Third, to any unpaid credit insurance charges; and Fourth, to the outstanding balance of your Account. Any part of your monthly payment to be applied to amounts borrowed on your Account will be applied to the amounts borrowed under your Personal Credit Line Account in the order in which the amounts were borrow~. Any-part of your monthly payment to be appli~ to Finance Charges will be applied in the same manner. I Minimum MonthlylPayment: The Minimum Monthly Payment for any billing cycle will be the greater of (I) the greater of $D or the Payment Amount (as described below) plus any Administrative Charges and credit insurance charges, rounded to the nearest:SI; or (2) the Finance Charges due for the billing cycle plus any Administrative Charges and credit insurance charges; or (3) the amount of the Annual Fee assessed to your Account. In each instance the Minimum Monthly Payment will be adjustbd to include any unpaid amounts due from previous billing cycles. The Payment Amountldepends on the monthly periodic rate applicable to your Account, and is calculated as follows: Mopthly Periodic Rate Payment Amount through 1.33% 1.43% of Account Balance I over 1.33% through 1.45% 1.55% of Account Balance over 1.45% through 1.57% 1.67% of Account Balance I over 1.57% through 1.70% 1.80% of Account Balance over 1.70% through 1.83% 1.93% of Account Balance I over 1.83% through 1.95% 2.00% of Account Balance over 1.95% 2.15% of Account Balance i Finance Charges: This is the interest charged on the balance of your Account during each billing cycle. The Finance Charge IS calculated frbm the date that each advance, check or charge is posted to your Account. The Finance Charge is computed by multiplying the average daily balance in your Account in each billing cycle times the monthly periodic rate stated on page one. The average daily balance is determined by totaling all daily unpaid balances in each billing cycle and dividing the total by tHe number of days in that cycle (but not less than thirty). A daily unpaid balance is the amount owed each day, excluding ady unpaid Finance Charge, Administrative Charges, and credit insurance charges for prior billing cycles. I Annual Fee: You ag~ec to pay an Annual Fee as stated on page one for participation in this revolving credit plan. The Imtlal Annual Fee is ~tated on page one and is due and payable on the date that your Account is established, and the subsequent Annual Fee stated on page one is due and payable on the same day of each subsequent year. You agree that this I fee may be charged to your Account balance. , Bad Check Charge: Ifl you pay by a check which is returned for any reason, you agree to pay a bad check charge of $20. Late Charge: If you do not pay any required Minimum Monthly Payment within 15 days after it is due, you agree to pay a late charge of 10% ?f the Minimum Monthly Payment due or $20, whichever is greater (excluding any unpaid late charges and amounts due from prior billing cycles). I NOTICE: SEE THE FOLLOWING PAGES FOR ADomONAl PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILUNG ERRORS. , 03-01-00 F NRE I.IIIIUIIIIIII~IIIIIIIIIIII~IEIIIIIIIIIIMI~III PAD56362 MS4SA91546Q98RLA8000PA0563620MMSPECHT I I . ORIGINAL PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 3 of 4) Other Charges: You agree to pay any amounts actually incurred by Lender for services rendered in connection with the Personal Credit Line Account for fees paid to public officials in connection with perfecting, recording, releasing or satisfying a security interest in the security. You agree that these fees may be charged to your Account balance. Elchange of Information: You understand that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain related to your Account. including but not limited to credit reports and insurance information. with any of our affiliated corporations, subsidiaries or other third parties. The uses of this information may include an inquiry to determine if you qualify for additional offers of credit. You also authorize us to share any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties. You may prohibit the sharinl of such information (elcept for the sharing of information about transactions or experiences between us and you) by sending a written request which contains your full name, Social Security Number and Address to us at P.O. B011547, Chesapeake, VA 23320. If you fail to fulfill the terms of your credit obligation, a negative report refiecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. Termination and Changes in tbe Agreement: We can terminate your rilbt tO,obtain additional advances or change the terms of thiS Agreement, including increasing the rate of Finance Charge at any time. Prior written notice will be liven to you when required by applicable law unless you consent to the change before that time. Changes may apply to both new and outstanding balances unless prohibited by applicable law. Default and Cancellation of Agreement: We have the right to require you to pay your entire balance plus all other accrued but unpaid charges Immechately and/or to cancel your credit privileges under this Agreement because of: (a) failure to make any payments in full when due under this Agreement; (b) frequent overdrawing of your line of credit; (c) failure to supply us with any information requested; (d) supplying us with misleading, false, incomplete or incorrect information; (e) breaking any of the promises, terms or conditions that are contained in this Agreement; (f) the filing of a bankruptcy petition by or against you; (g) the death of any borrower who signs this Agreement; or (h) the sale or transfer of any interest in the property securing this agreement (this includes the creation of a subordinate lien). After deFault, you will pay our court costs, reasonable attorney fees (if attorney is not our salaried employee), and other collection costs related to the default, if not prohibited by applicable law. Any balance outstanding under this Agreement when the credit limit is terminated will continue to accrue interest at the contract rate until paid in full. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important imformation about your rights and Lender's responsibilities under the Fair Credit Billing Act. Notify Lender In Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write Lender on a separate sheet at the address listed on your bill after the words: "Send your billing error notice to: (Lender's, name and address)." Write to Lender as soon as possible. Lender must hear from you no later than 60 days after Lender sent you the first bill on which the error or problem appeared. You can telephone Lender, but doing so will not preserve your rights. NOTICE: seE THE FOllOWING PAGE FOR AODmoNAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPl/TE BILLING ERRORS, D3-D1-0D F NHE 1~lmlllllllOOllllmlllllllllllllllllllll PADS6363 WS45A51546Q9BRLABOOOPA0563630WWSPECHT II ORIGINAL \ I PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 4 of 4) I In your letter, give Lender the following information: . Your name and acclount number. . The dollar amountlof the suspected error. . Describe the error ~nd explain, if you can, why you believe there is an error. If you need more information, describe the . I bo 1 tern you are not sure aut. I Your Rights and Lender's Responsibilities After Lender Receives Your Written Notice I Lender must acknowledge your letter within 30 days, unless Lender has corrected the error by then. Within 90 days. Lender must either correct th~ error or explain why Lender believes the bill was correct. After Lender receives~ your letter, Lender cannot try to collect any amount you question, or report you as delinquent. Lender can continue t<> bill you for the amount you question, including finance charges, and Lender can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount white Lender is investigating, but you are still obligated to pay the parts of your bill that are not in question. If Lender finds that Jender made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If ILender did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, Lender will send you a statement of the amount you owe and the date that it is due. If you fail to pay the bount that Lender thih1cs you owe, Lender may report'you as delinquent. However, if Lender's explanation does not ~tisfY you and you write to Lender within ten days telling Lender that you still refuse to pay, Lender must tell anyone Lender reports you to that you have a question about your bill. And, Lender must tell you the name of anyone Lender reporte~ you to. Lender must tell anyone Lender reports you to that the matter has been settled between us when it finally is. I If Lender doesn't follow these rules, Lender can't collect the first $50 of the questioned amount, even if your bill was t correct , Alternative Dispute IResolution and Other Riders: The terms of the Arbitration Agreement and any other Riders signed as part of thiS lqan transactIOn are Incorporated lOto this Agreement by reference. Applicable Law: Th~ terms and conditions of this Agreement will be governed by the provisions of the Pennsylvania Consumer Viscount Company Act, Chapter 7, Sections 6201 through 6221, Purdon's Pennsylvania Statutes Annotated, particularly Section 62i 7.1. I Before signing this ~greement, you have read and received this Agreement and the Federal Truth-In-Lending disclosures contained in it. I You, the customer(s) signing below, agree to observe the terms and conditions of this Agreement. I . This Agreement is e,.tered under the applicable provisions of Fcderallaw and the Pennsylvania Consumer Discount Company Act. , ~I .II A .lll,.. Custom\..et~' I 7/1f1/o~ /I ' I W;tne8S: ~ ~ (SEAL) ~~D~ ustomer 1 re 1/ ~qh5 (SEAL) Date: Date: (SEAL) ~~~ (SEAL) 03-01-00 RL F NRE I I I I I I 11I~IIIIIIII~Mlln_lmmlllllllllllllllllllll I *S45,91546Q98RLA8000PA0563640**SPECHT * ORIGiNAl I I PA056364 ~ LOAN CLOSING STATEMENT REVOL VING LOAN VOUCHER (Page I of I) CREDITOR BENEFICIAL CONSUMER DISCOUNT COMPANY 4910 CARLISLE PIKE SUITE 104-HAMPDEN CENTER MECHANICSBURG PA 11050 BORROWERS LOAN NO: 711114-20-514575 SPECHT. LEONARD H SPECHT, KIMBERLY D 3444 WALNUT STREET CAMP HILL PA 11011 Borrowers agree to and direct the disbursements and Advance indicated below. If any estimated amount shown below varies from the actual amount paid, Borrowers agree to the disbursement of the actual amount and a corresponding change to the Advance shown below. Borrowers agree that this Advance is made under Borrowers' Revolving Loan Agreement (account number shown above.) . TO: BENEFICIAL ACCOUNT # 11111500559211....,. ,.,................,.......,...$ 804.11 I nit lal Annual Fee..,............................,........,.........,......... $ 50.00 CASH OR CHECK TO BORROWER... . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . , . . $ 4445.29 TOTAL ADVANCE(SI..............................,...,.....,.....................$ 5300.00 ~ - r2~ ~1;5 08-26-04 RL Voucher 111~llIlmIIUDIIIIIIIII~IIDlIIIIIIIIIIIIIII MS45A91S46U98RlV8000PA1319210MMSPECHT M ORIGINAL fA 137921 VERIFICA nON Carrie A. Radcliff ~ Recover Specialist for BENEFICIAL CONSUMER DISCOUNT COMPANY Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn . falsification to authorities, that the facts set forth in the forgoing Complaint are true and correct to the best of her knowledge, information and belief: ~e~ Carrie A. .Radcliff i A) ~ n .....~ ~ c ~~ :"::l 0 ~~: c...;;:::' fl t --' -'1 Crt ,""'- ~ .-f ~_'F'JJt :r 1Il z ri':j :JJ 1''' " ......... um . N .uO \:) 1'....~ f ~ ~ Crt """() ~~[} ~l 8 ~ )..; ~ ::1: , () 2~ W (.),n :.~ .-1 .c- :r> .....:l -C:.. :1.) p:: N -< ~ ~ SHERIFF'S RETURN - REGULAR J' CASE NO: 2007-00460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS SPECHT LEONARD H ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPECHT LEONARD H the DEFENDANT , at 1440:00 HOURS, on the 2nd day of February, 2007 at 3444 WALNUT STREET CAMP HILL, PA 17011 by handing to KIMBERLY SPECHT, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.32 .00 10.00 .00 .; 40.32 ..~.~~"J~7~;.. // / ,~~ ;<;~/" ,~".",;",,'>' #"~ ~ --.:.- ~ ...........:.. --~ R. Thomas Kline J.lt~/bJ 02/06/2007 CHROMULAK & Sworn and Subscibed to By: ASSOCIATES De~~ before me this day of A.D. SHERIFF'S RETURN - REGULAR . , CASE NO: 2007-00460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS SPECHT LEONARD H ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPECHT KIMBERLY D the DEFENDANT , at 1440:00 HOURS, on the 2nd day of February, 2007 at 3444 WALNUT STREET CAMP HILL, PA 17011 by handing to KIMBERLY SPECHT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. ..; ). jJ-r1 tr1 ~ 6.00 .00 .00 10.00 .00 16.00 So Answers: r'~~' Sheriff's Costs: Docketing Service Affidavit Surcharge R. Thomas Kline day 02/06/2007 CHROMULAK ,&. ASS,OCI,~ /< BY'~.. /' ,. De~~ y Sheriff Sworn and Subscibed to before me this of A.D.