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HomeMy WebLinkAbout02-6123IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, Defendant. VS. RONALD GUMPF, CIVIL DIVISION TYPE OF PLEaDINg: Complaint TYPE OF CASE: Civil Action Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL Defendant's Address: 1181 Easy Road Carlisle, PA 17013 60070 FILED ON BR~ALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANy gOUNSEL OF RECO~D: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 ITHIS IS AN ATTEMPT TO COLLECT] A DEBT AND ANY INFORMATION ~ OBTAINED WILL BE USED FOR J THAT PURPOSE. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT CIVIL DIVISION COMPANy, NO. g2 ~ ~/~3 Plaintiff, - vs. RONALD GUMPF, Defendant. 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 W~ERE YOU CAN GET LEGAL HELP. CUMBERLAND COIINTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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, VS. Plaintiff, RONALD GUMPF, gIVIL DIVISION Defendant. COMPLAINT AND NOW COMES, the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by its Attorneys, Mollica & Murray, with its Civil Action Complaint, the following of which is a statement thereof: 1. BENEFICIAL CONSUMER DISCOUNT COMPA/qy is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania with its principal office situate at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff-. 2. RONALD GUMPF is an adult individual residing at 1181 Easy Road, Carlisle, PA 17013. 3. On or about February 6, 2001, Defendant entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Agreement with Defendant, Plaintiff advanced funds to the Defendant. A DEBT AND ANY INFORMAT ON J OBTAINED WILL BE USED FOR J THAT PURPOSE. J 5. Defendant is in default under the terms and conditions of the aforementioned Agreement for failing to make payments when due, with the last payment having been made on or about August 20, 2001. 6. Pursuant to the terms of the 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 TWO THOUSAND, THREE HUNDRED TWELVE and 50/100 ($2,312.50) DOLLARS as of November 7, 2002. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of TWO THOUSAND, THREE HUNDRED TWELVE and 50/100 ($2,312.50) DOLLARS, with interest thereon at the rate of 18.70% from November 7, 2002, plus court costs and attorneys, fees. Respectfully submitted, MOLLICA & MURRAY THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By: A HY ANN CHROMULAK, ESQ~ PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 LOAN REPAYMENT AND SECURITY AGREEMENT IPage I of $) LENDER {called "We", "Us", "Our') BENEFICIAL CONSUMER OISCOUNT COMPANY 419 STONEHEDGE DRIVE S~I TE 2 CARLISLE ~'A 1'/013 BORROWERS (called "You", "Your") LOAN NO: ') 11715-525127 OUMP F, RONALD SS~ 18454 "/GDO 1181 EASY RD CARLISLE PA 17013 S 2,638,08 ?0TAt NONE YOU ARE GIVINg US A SECURITY INTEREST COVERING: INSURED YEAR DESCRIPTION N 2001 PERS PROP SEE EXHIBIT 1 MAKE/MODEL SERIAL NUMBER naming ~.~ as Loss .Payee: Titl~ insaranc~ on rzal estato security. Fir~ and ~x~ndcd ~ ~vr~n~ oa r~l ~s1~ Physical dam~ Jn~ra~ on voile ~t~ ~der '~uriiy" a~ ~ "y" top.ars ~d~r "Insure". Physical dama~ ~suran~ ~ ~ pr~r~ list~ under "~rity" e~ve if "Y" a~a~s under "I~u~'. You may ob~a~ any r~u~z~ ~suran~ ~rom ~nyo~ you (See 'S~uti~y' pa~agrapA a~ve ~or d~tion ~ ~uriW to ~ insured.) NOTICE THE FOL 0~-01-00 I lll lJ ll lJ lllllllllllllllllJlllllllllllllllllJillJlligj xO93C2808~gGCE~D00 ORIGi~ ~HIBE LOAN REPAYMENT AND SECURITY AGREEMENT {Page 2 of 3} PAYMENT. In return for this loan, you wild pay us the Total of Paymenta (the sum of Finance Charges plus Amount Financed), in monthly payments stated on page one. Tho Finance Charge is the total of Inter~t plus Service Charge. You may pay more at any time. You will pay us at our business address as stated on page one or other addre~ given you. If more than one Borrower is named on page one, we may ~nforce finis Agreement agsinst ail, or any, Borrowers, but not in a combined amount greater than the amount owed. D.4,TE ON WHICH FINANCE CFLARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is made by mail, the date on which the Finance Charge begins is postponed by the number of days from the date of this Agr~ment to the date of disbursemant. Payment du~ date~ and effective date of any optional insurance purchased are also postponed. PAY'OUT& You agree to pay~oots of Amount Financed as shown on Truth-la-Lending disclosure form. If pay-outs change because loan dosing is delayed, (s) you shall pay addixlonal amounts due at closing, or (b) your cash or check will be reduced to cover additional pay-outs. PREPAYMENT. If you fully pay before final payment due date, the amount you owe will be reduced by unearned Finance Charge (but not Service Charge) d~termined by the "Rule of 78tbs". MATURITY. After the final payment due date stated on page one you will pay interest at the rate of 18% per year. SECURITY. You agree to give us a security interest in the property identified on page one, which will secure all indebtedness, including future advance~ under this Agreement. LATE CHARGE. If you don't pay any payment in I0 days after it's due, you will also pay I 112% per month on the amount overdue (subject to a $1.00 minimum charge). BAD CHECK CHARGE We will charge you a fee of $20 if any payment check is returned because of insuffleient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. FAILURE TO PAY. If you don't pay any payment on time or fail to keep any required insurance in force, (a) all your payments may become due at once and without notifying you before bringing suit, we may aue for the total amount you owe less any unearned Finance Charges you would receive if you fully prepaid, and (b) you will also pay our reasonable attorney fees, if the attorney is not our salaried employee, for legal proceedings to collect this loan or realize on security. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit information concerning you from others, guch as stores, othe~ 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 tbSrd 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 s.hare any information regarding your Account with any of our affiliated car ~. ' v.,.aL~on aoout transactions or ~ au may prohibit the sharln= of sucg :-~ ...... · . - . potations, ~ubsidiaries or other third rti · ~ ss amv~naglOIl ~eleept Ior tile al~rin~ of inf .... ' - pa cxpersences belween us and you) by sen¢ling a written request which contains your full name, Social Security · Number and Address to us a~ P.O. Box 1547, Chesapeake, VA 23320. If you fail to fulfill the terms of your eredlt obligation, a negative report reflee(ing on your credi~ record may ~e submitted to a Credi~ Reporting Agency. You agree ~at the Department of Motor Vehicles (or your sta~e'a equivalent of such department) may release your residence addre~ to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. INSURANCE. Optional credit insurance and any required insurance disclosures are attach~ to this Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION .~D OTHER RIDERS. The terms of the Arbitration Agreement and any other Ridem signed as part of this loan ~ransaetion ara incorporated into this Agreement by reference. APPLICABLE LAW. The Pennsylvania Consumer Discount Company Act (CDCA), Title 7, Purdon's Pennsylvania Statutes, governs this loan. NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 03-01-1C)0 PaRE ~Gg3C~8065R9 BCEASOOOPAEI7$O 12O~G~F PA975§12 LOAN REPAYMENT AND SECURITY AGREEMENT (Page $ of 3) YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND TI-IE TRUTH-IN-LENDING DISCLOSURES. BORROWERS: ~ o .{$EALJ WITNESS: [SEAL} 03-01-DO NRE ~G~3C28085R96CEABOODPAB?5O 13(}~.GL,MpF ~ ORIGINAL PA875§13 NO-V-14-02 12:11 FRO~-~eBal C~IIs OPTIONAL PERSONAL PROPERTy PROTECT'ION (Page ] of 2) P.OO?/ON Name Account Number 711715 OD 525Z27 ~R~I~¥ 6, 2001 O~-ZI-OO GE Ppi $ 2001,00 34.01 PAB?S221 Addre~ 1181 FAST PROPER~ INS~NC~ THROUGH LE~E~ We will ,or ~ui~e ~u to o~aln pro~ i~n~ pro~i~ a~t o[ W~ a~ ~T ~plOy~ is ~t acing ~ agm~ ~k~, or fi~ [Or yOU On ~{~ ~Ti~ The agar of W~, we, or ~ a/Fdiam may r~Lze ~m= ~t Imm ~e ~le of ~y i~, We ~ ~ it you ~v~ a~ PW~on ~ zhe p~ pw~,., Youe.~y ~s ~ follow~ IN~ . . . ' · . ' L[~ loo have flo ~t~ ~d w]~ ~ b~ ~c ~0~ Off~ Thto~ ~ for The ~1 ~zoe~o ~o~e~' ~ · ~ ~orlntend~bo i r~vc a .... ~ve t~r floti~ Wi~n ~0 da~ ~, Wc a~ to ~ thc full ~cmlum if we ~ .You ~vc ProlCon ~d au~ori~o ~ ~ pay ~he c~t ['rom ~he amo~ of c~s ~ ~ you, ~]ow S~G~ ~ ~0~ OP PRO--ION ~mum ' ~,~) TE~s (MO~s) P.008/008 F-2Ig TOTAL MAR~T V~LLUE OF CERTAIN Hor.~HOLD ~E~ Tor~ AEPLA~ VALUE O~ DAT~ SKGNAI'Up~ DATI~ P~15222 L AUG 21 2002 10:47 PR MOLLICA AND MURRAy 4123817111 TO PG VERIFICATION Patricia Garcia, Recovery Specialist for BENEFICIAL CONSUMER DISCOUNT COMPANY, A HOUSEHOLD INTERNATIONAL COMPANY deposes and says subject to the penalties, of~18 Pa C.S. Section 490~. relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Patricm Gar~i~ AND ANY INI:QRMATION Om'JMED W~LJ. BE USe) FOR THAT PURPo~: TOTAL PAGE.02 ** THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. CIVIL DIVISION NO. 02-6123 Civil Term TYPE OF PLEADING: Praecipe to Reinstate Complaint RONALD GUMPF Defendant. TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL Defendant's Address 1181 Easy Road Carlisle, PA 17013 60070 COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA IDNO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 1305 Grandview Avenue 450 Trimont Plaza Pittsburgh, PA 15211-1205 (412) 381-7(}00 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, CIVIL DIVISION NO. 02-6123 Civil Term VS. RONALD GUMPF Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the complaint in the above-captioned action, at 02-6123 Civil Term and mark the docket accordingly. CATHY ANN CHROMULAK, ESQ. MICHELLE D. SMITH, ESQ. MOLLICA & MURRAY 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 (412) 381-7000 ITHIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SHERIFF'S RETURN - REGULAR CASE NO: 2002-06123 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS GUMPF RONALD JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GUMPF RONALD the DEFENDANT , at 1181 EASY ROAD CARLISLE, PA 17013 at 1345:00 HOURS, on the llth day of March , 2003 by handing to MARMIE GUMPF, 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 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this [ ~ day of ~~.. ~,~0~ A.D. So Answers: R. Thomas Kline 03/12/2003 MOLLIGA & MURPJtY By: ~~ y sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. RONALD GUMPF Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION No. 02-61'.>.3 CWIL TERM TYPE OF PLEADING: Praecipe to Discontinue Without Prejudice TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 MOLLICA & CHROMULAK Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 THIS I$ AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. RONALD GUMPF Defendant. CIVIL DIVISION No. 02-6123 CWIL TERM PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO: The Prothonotary: Please discontinue without prejudice the above-captioned action and mark the docket accordingly. Respectfully submitted, MOLLICA & CHROMULAK PA ID NO. 4206?' SCOTT E. CRAWFORD, ESQUIRE PA ID NO. 89570 Attorneys for Plaintiff 1305 Grandview Avenue 450 Trimont Plaza Pittsburgh, PA 15211-1205 Sworn to and subscribed Before me this .5TM day of ~,-, ,&t2--;/ ,2003. ".~ot~,ary' Public - no~flal S~1 01~ ~ P~u~h ~l~heny Ooun~ I ~ ~mml~on ~xplm~ May ~0, ~008.~ THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue without Prejudice was served upon the following by First Class Mail, postage prepaid on this 5TH day of AUGUST, 2003. RONALD GUMPF 1181 EASY ROAD CARLISLE PA 17013 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.