Loading...
HomeMy WebLinkAbout97-06455 COMPLJAINT 1. Household l"inance Consumer Discount Company, the plaintiff, is a corporation doing business at the address indicated in the caption hereof. 2, Defendant (s), Harvey A. S.inger, is an adult individual residing at the address set forth in the caption hereof. 3. On or about Decembber 1, 1994, the Defendant(s) signed a Personal Credit Line Account Agreement hereinafter referred to as "Agreement", with the plaintiff I a lending , institution. 4. The subject Agreement is attached hereto as Exhibit "A" and incorporated by reference herein. 5. The agreement whereby Plaintiff and Defendant (s) entered into provides that the Defendant(s) were to receive certain sums of money or credit limits pursuant to the attached Exhibit tlA", 6. The Defendant (s) were to repay the Plaintiff all sums advanced to them plus interest and other charges indicated in the agreement. The agreed rate of interest or the formula to calculate same is indicated in the ugreement. 7. The Defendant (s) were to repay the Plaintiff regular. monthly payments as indicated in the agreement or pursuant to the minimum monthly payment schedule as indicated in the agreement oi the amount shown on the monthly statement mailed to the Defendant(s), with the first installment to begin approximately 30 days from the date of the agreement. THE PURPOSE Of TijlS COMMIINICMlON IS TO COllECT 1\ U[III MID, Ai'1'1 IN:.ORMi\lI0N OBTAINED WILL UL USloU IUB Tlllo PURPOSE .. .. PERSONAl. CRnOlT LINE ACCOUNT AGREEMENT (I'age 2 "r <I) AVlillble Credit: You mlY ob14ln lund6 directly rrom u., or through yoor 6ped.1 checks ul' UI your IVllllble credit, Each Clleck mllSt Il<l written lor It Ielat $100,00. Your Iv.lIlble credit la your c-redlt limit (ahown on pase one) ItM the totnl unpaid ballnce, Including I'lnlnee (.lllrS.... 01 your Acoount, Jr you mike loan paymenla by check, wo will adjuat your available c,.ecJltllClven days lIter we rooelvo your check to 11101'1 for check c1eanns. II you reqUCllt lunda In .n amount that would c.UllO you to exC<<d your Ivallablo c-recllt, we .re not obllsated to honor your request. II we do lend you nn amount over your IVlllable creellt, you agree to pay U8lhat excaJll omounl. plU8l'inanoe Chorges,lmmedlately. I'romlae to PIYI You pl'Oml... to (MY Household: (I) .moun14 borrowed under thl6 AgrO<lment, (bll'lnanC<l Chorg"", Jt'amllllatr.lIVe I..llIrllC8 (bad check chorge) and olher chorSCO provided in thla Agreement: (c) credit lnaurance charg"", II aoy: (d) 001l0<.110n ooollll",rmltted by Ippllcable 181'1, IncludiDg rearonable Ittomeya' r_: Ind (e) amounts In exca;n 01 your credit limit that we may lend you, plus FIDlnoe Charges. Plymenla: You may repay your enll", OUla14ndlng bllance It Iny time wlthoUl penalty. You m.y not UIl<l your apecial MOClCJllO pay any amounla due under Ihls Agreement. Becaullethe Finlnce Chargo Is computed each diY, you will contact ua regarding tho euct (l6yoff Imount for the day you Intend to mike full payment. If YO'J do not pay the entire unpaid ballnce on your Ao:ouDt at once, you agree to pay at least tho mlulmum payment ohown on your monthly matement. raymenla will be applied as rollows: I'irst, to Iny accrued but unpaid l'lnlllce ChargCll, S=nd, to Iny unplid Administrative ChargC6 (bOO check charge), 1blrd, to aDY unpaid credit Insurancc charges; Ind I'ourth, to the oUllltandlng bllance of your Account. Any part of your monthly payment to be Ipplled to amounla borrowed on your Acoount will be applied to the lmounts borrowed under your Peroonal Credit Line Account In the order in which the Imounts were borrowed. Any part 01 your monthly payment to be applied to Finanoe Charg... will be applied in the 88me manner, Minimum Monthly Paymenl: The Minimum Monthly Payment for Iny billing cycle will be the greater or (1) Iho ifoiter 01 $25 or the Plyment Amount (as d06C1'ibed below) plUB Iny Administrative ChargCll and credit insurance chargC<!, rounded w tbe nean>lt $., or (2) the Plnance Charges due for the billing cycle plua any Administrative Chlrga! and credit Insuranocs. In each instance the Minimum Monthly Payment will be adjUBted to include any unpaid amounts due Irom prevloU8 billing cycles. The Payment Amount dependa on the monthly periodic rate applicable to your Account, and Is calculated IS 101101'10: Monthly Periodic Rat<l Payment Amount through 1.33% ..43% 01 Account nalance over 1.33% through I.4S% I.SS% or Account nalanoe over 1.45% through 1.58% 1.67% or Account Balancc over 1.58% through 1.70% 1.80% of Account Balance over 1.70% 2.00% or Aooount Ballnce Plnanca Chargel: This is the InterCllt Chlrged on the ballnoe of your Account during lJIch billing cycle, The Finance I..nargc IS calcUIUed from tho date that each advlnce, check or charge Is pooted to your Acoount. The Plnance Charge is computed by multiplying the average daily balance in your Acoountln each billing cycle timCllthe monthly periodic rate stated on page ODe. lbe average daily balance Is determined by totaling III daily uDpaid balances in each billing cycle and dividing the total by the number 01 dlysln that cycle. A daily un(l6id balance is the amount owed each day, excluding any unpaid FIDanoe Char.., Administrative Charges. and credit iMurAnoo charges for prior billing cycles. Bad Check Charge: II you pay by a check which Is returned ror any reason, you '&roo to pay ~ bad check charge 01 $20. Other Chargel: You .gree 10 pay any amounts Ictually Incurted by Household lor services reDdered in connection with tne "er.<lnal \..recllt Line Acoount for rcca paid to public orricials In oonnection wllh perfectiDg, recording, releasing or satislying. security interest In the IlCCUrlty. You agree that th.... r.... may be charged to your Acoount ballnce. Termination Il1d ChangCll in the Agreement: We can terminate your righlto obtain addition.1 advonccs or chlnge tlke terms 01 tnll agreement. InClUdIng Increasing Ihe rate 01 Finance Charge al any time. Prior written nolice will be given to you whe.. required by applicable I." unl.... yoo cowent to the chaoge before that time. Ching... may apply to bolh ne.. and outstanding balances unl.... prohibited by applicable law. NanCE: SEE mE FOLLOWING PAGES FOR ADDmONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DfSPUW mU.ING ERRORS. P'AoeU12 1%,1101:) US ~^ II. , Non'" fiLE Cfl'V EXHIBIT A ,. ~ l'I!RSONAI. CREDIT UNE ACCOUNT AGREEMENT (1).,,. 3 01 ~) Delault and ('..n""lIallon 01 Agreement We nave 1I1e rlgnt to rcxjulre you to p6y your entire bal.nlJC plUllall other accrued hut unpaid ehargO;'llmmedlalely ancllor I') cancel your credit prlvlIegeo undor this Agtoement beau8e ul: (a) lallure 10 malco lilY paymentaln lull when due under thl8 Agreement: (h) frequent overdrawing 01 your IIn. of credit; (c) lallure to supply \J3 with any Inlormsllon roqlJ<<lted; (d) .upplylng us with ml.leadlng, ,llse, Inoomplele or IncorrcctlDformstlun: (e) breaking lny of the promlll<6, lerma or conditions thstll'C conlained Inthl. Agreement: (0 the II ling 01 s bankruptcy petltloll by or agsillllt you; (g) the death 01 allY borrower who 0lgn8 thlo AllJ'COment; or (h) thell4le or tnnsler 01 any Intertilt illlhe property lI<Curlng this agrooment (this includea tho creation 01 a 6ubordlnale lI.n), Alter deloult, you will pay our court 00."', I'CAllOlubl. attorney I..., (II attorney I. not 0111' Mloded nmploycc), .nd other <'"lIcetlan CO/lllJ related to Ih. dellult, II not prohibited hy lppllca~le law. Ilny bal.ncc OUllJtandlng under thl. Acre<:ment when tbe credllllmlt 18 terminated will continue to s<.>;rlle InlerC8t at Ihe <,ontroct rnte ulltll paid in lull, YOUR BILLING RIGHTS KnllP TIUS NOnCE FOR FU1'URIl USE nil. notice contains Iml'ortonl Iml"rm.llon about your r1ghlll and l/oUl;Chald'. responslbllltlC8 under the Fair Credit !lllling Act. . ,'1ollly Household In Case of Errors or Questions About Your Bill II you think your bill is wrong, or il you need more inlormlllon'about I tnll84etlollon your bill, write Howehnld on a "porate shectatthe IddrC6llIl.ted on your bill alter the words: "Send your billing error notice to: (Household's, nsme and ,ddreoo)." Wrilc to HOllllehllld a8 soon... poooihle. 1I0uoohold moot hear Irom you no liter tban 60 days alter Household 110nl YOll lhe IImt bill on which tho flrror or problem sppeared. YOll can telephone HOUl;Chold, but doing so wlll not preserve your righlll. III your letter, lllw 1I0usehold tho lollowlng in/ormation: . Your name and account number. . 'lbe dollar amount 01 tho .uopected error. · Describe the error and explain, II you can, why you believe lhero Is an error. II you need more In/ormation. doocribe the item you are not sure obout. Your Rights and Household's Responsibilities Alter HOll8Chold Receives Your Writton Notice I louscholr! must acknowledge your lotler within 30 days, unlC88 Houschold hlS corrected tho errur by lhun. Within 90 day", Ilouscholr! muotellher correct the error or explain why Household believes the bill WlS correct. Mter HOUl;Chold receives your leller, Household cannot try to collect any amount YOII question, or report you as ,Jclinquent. 1I0uschold call continue to bill you lor tbe amount you question, including Iintncc chargee, and Household can 'Pl'ly any unpaid amount acalllllt your credit limit. You do not have to pay any questioned amount wblle Household I. ;nvC8tigating, but you arc still obligated to pay the parlll or your bill that, arc not in question, Ir Household liDds that HOUllehold m.de a mlSUlke on your blll,you will not have to pay any linan"" chargee related to any 'lueatloned amount. II Hou8Chold did not malee a mistake, you maY' have to pey IInlncc charg..., and you will baveto make "p .ny mi88Cd paymenlll on the questioned amount. In either case, Household'wlll BOnd YOII a statement 01 tho amount you" "lYe .nd Ihe date thai it is due, If you loil to pay the amount that Hallllehold thinks you owe, Household may report yon as deliDquent. However, il Il0uaehold's oxplan.lion dOOl notllAtisry YOII and you write to Household wltbin ten days telling Household that you still 'efuse to pay, HOll8Ohold mllBt tell anyone Household rcpor18"You to thatiyou have I question about your bill. And, Ilousoholr! must toll you the name of anyone Houochold rcportedyou to. no_hold mo.,t tell .nyone lIauoehold reporlll ;ou to that the malter bill been 6Oulod betwllCO \J3 wben It linally Is. I I 1I01lsehold doesn't lollow these rulCll, 1I0ll8Ohold Cln't collcet ihe first $50 01 the questioned amount. even II your bill IV,'. correct. '10TICE: SEE 111E FOI.LOWING PAGE FOR ADDITIONAL PROVISIONS AND IMPORTANT I;IIPORMATION REGARDING YOUR RIGHTS TO D1SPUTll nn,fJNG ERRORS. 'H!-VJ LIS PA Fll. , N()f1-RI FILE CCPV EXHIBIT A PA05831.1 IN 'rHE' COUR'r OF COMMON PLEAS OF COUMnERLAND COUNTY, PA NO. CIVIL ACTION ~ LAW @, 1"lnC"!!'!' ('I l' "" I'IIY 'I., /, ";,, t'r" "1 ['" h, I" . I , ... 41..11 ..: HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff, (', , \..'-'-, j \11 '. '\' ,I .:',i{ VB. ~o.so C .!:,'J ~}() ~ S'~d" ?"IS'. S'O ~c:L fN-/y (l k.,.tJ.. .:sJ '9 R. :IL S'ilOo1.'=;> HARVEY A, SINGER, Defendant COMPLAINT IN CIVIL ACTION - LAW , , I' JAMES ASHTON GREENE ATTORNEY AT LAW S39 COURT STREET REAOING, PA 1960 I' (610) 374,3146 1~~"" -, " r-".. . "