HomeMy WebLinkAbout97-06599
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HOUSEHOLD FINANCE CONSUMER
DISCOUNT COMPANY
961 Weigel Drive
P.O. Box 86382
Elmhurst, IL 60126,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
vs.
No.
CHARLOTTE B. KERR
873 Old Silver spring Rd.
Mechanicsburg, Pa. 17070
Defendant
SUPREME CCURT 10 #21729
CIVIL ACTION - LAW
NOT I C B
Unless you notify the office below within thirty (30) days
after receiving this notice that you dispute the validity of this
debt or any portion thereof, this office will assume that the debt
is valid. If you notify this office in writing within thirty (30)
days from receiving this notice, this office will: obtain
verification of the debt or obtain a copy of the judgment and mail
you a copy of such judgment or verification. You are also advised
that any information which you supply to this office may be used by
us in the collection of the debt. If you request this office in
writing within thirty (30) days after receiving, this office will
provide you with the name and address of the original creditor, if
different from the current creditor.
JAMES ASHTON GREENE, ESQUIRE
539 COURT STREET
READING, PA 19601
(610) 374-3148
RPn" r" TI'II" r{1',',^UNICATION O'~
lHE PIJ '" " ''', . RMA.TI "
TO COLLEC I A lBltE' ti lU' 5~~O f~~ (l~~~O PURPOSE
OBTAINED WILL
COMPLAINT
1. Household Finance Consumer Discount Company, the
plaintiff, is a corporation doing business at the address indicated
in the caption hereof.
2. Defendant(s), Charlottte B. Ker~ is an adult
individual residing at the address set forth in the caption hereof.
3. On or about October 21, 1996, the Defendant(s) signed
a perosnal Credit Line Account Agreement hereinafter referred to
as "Agreement", with the plaintiff, 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
lIAII.
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 agreement.
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 or
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 THIS COMMUNICATION IS
TO COLLECT A I1Ffn AND ANY INFORMATION
OBTAINED Will tlt u~tU fUll IH~ I'l.Ij{j>~
8. Defendant(s) became delinquent by failing to make the
payment as agreed.
Defendant (s) continue to fail to keep the
payments up-to-date, with the last payment having been made on
March 14, 1997.
9. The agreement whereby Plaintiff and Defendant (s)
entered into the above relationship also provides for the costs of
suit and reasonable attorney's fees to be paid by the Defendant(s)
in the event of a default.
10. The amount due and owing under the terms of the
subject Note after application of all payments is:
A. Unpaid principal
$15,651. 75
B. Interest at contract rate
through October 10, 1997
3,074..33
C. Attorney's fees
1. 500.00
TOTAL
$20,226.08
11. Interest on the unpaid principal balance shall
accrue at a per diem rate currently ot $10.14 from Oct. 10, 1997.
12. Despite repeated demands by the Plaintiff, the
Defendant(s) have refused and continue to fail and refuse to pay
the amount due.
WHEREFORE,
Plaintiff demands judgment against the
Defendant (s) in the amount of $20,226.08 plus interest at the
contract rate on a per diem charge curr ntly at $10.14 from October
10, 1997 plus costs of this action.
ton Greene, Esq.
Attorne for Plaintiff
THE ( URP05E OF fI'lS .r.C"WJIII.CATlON IS
. .' 1"'-riD'"UT!DN
TO r.nlLfCT ,~ ,. , '.. . u~
Ci IAINiC V/I~~ ul U;;,t.U I UH I ,II;;' ~UHI'
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VERIFICATION
I verify that the statements made in the forftgoing
Complaint are true and correct the best of my knowledge,
information and belief. I further verify that I am authorized to
make this Verification on behalf of the Plaintiff. I understand
.
~
that false statements herein are made subject to the penalties of
~
18 Pa. C.S.A. 54904 relating to unsworn falsification to
authorities.
/1I/~
RolfERT ACKERMAN
Household Finance Corporation
.'
DATED: \\\ ,~I~I
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PERSONAL CREDIT tiNE ACCOUNT AGREEMENT (PICO 2 01 .f)
AVllllblo Credit: Yuu mlY obllin funds directly from UI or throuCh your lpeeill chocb up to your IVlillblo crodit. Each
choclc mUll bo writlan lor Itl....t Sloo.oo. Your IVlillblo credit is your credit limit (shown on paco ono) I... tho t01l1
unpaid blllnc;o, includinc Finlnce Chlrc..., 01 your Account. II you mlko loon paymon'- by check, wo will IdjUlt your
IVlillblo credit IOvon dlYs lIter wo receivo your chock to IlIow lor chock clearinc. " you requeat lunda in In Imount thlt
would CIUllO you to llJL'Ood your Ivaillblo croclit, wo Iro not obliCltod to honor your reqUCOlt. II wo do lend you In amount
over your IVlillble credit, you "cree to pay UI thlt OIC...lmount, plus Finlnce Chlrc""lmmedlltoIY.
Promi.o to Plr.: You promi.. 10 pay Household: (I) amounts borrowed undor this Acreement: (b) Filllnce Charp.
Admuusltalivo ChorCea (the lalo chorCe Ind bod chock chlrce) Ind other chari" provided in this Axreemonl; (c) credit
inautlllCO chorC", if lny; (d) collection COIl'- permitted by Ipplicablo IllY, indudlnc rellOnlblo Ittornoys' f-: Ind (0)
Imounts in llJCOI8 01 your credit limit that wo mlY lond you, plus Finlnco CharCes.
Plymen'-: You mlY repay your enlire oUlStandinc blllnco It Iny limo without penllty. You mlY not uao YOllr lpoclol
checlra to pay any Imounli duo under this Acreemon~ Ilec.auao Ihe !'inlnco Charce i. computod Glch diy, you will conll<;t
111 fOprdinl tho oncl payoff Imount for tho dlY you intend to mlko lull payment. If you do not pay tho ontiro unpaid
bollllOO on your Account It once, you Ilroo to pay Ille..t tho minimum payment shown on your monthly slItemon~
Paymen,- will be Ipplied IS follows: First, to Iny Iccrued but unpaid Finlnc;o Chirp; Second, to Iny unpaid
Adminilltltivo Charc... (tho lito chlrcelnd bid check charp); Third. to any unpaid credit Insurlnce cnorCoe: Ind Fourth,
to tho oU'-llndina bIlanco of your Account. Any part 01 your monthly payment to be Ipplied to Imoun'- borrowed on
your Account will be Ipplied to lhe Imounts borrowed under your Pemonll CrocIit Line Account in tho order in which tno
llTlounll woro barrllwed. Any part 01 your monthly payment to be "Pl'lied to Finlnce ChorCes will be Ipplied In lho umo
mlnnor.
Minimum Monthly Plymont: Tho Minimum Monthly Plymont for Iny billlnc cyclo will bo tno lrulor 01 (J) tho
areator of W or tho Plymont Amounl (18 doeo;ribod below) plus Iny Adminl.trltlvo Charc.. Ind credit i/l.lutance cbltp.
rounded to the nClrest SI; or (2) tho Finance Chari'" due lor the billina cyclo plus Iny Administtltive Charleslnd credit
illlutlllOO chorp; or (3) the amount 01 tho AnnUli Pee 1-.1 to your Account. In Clch IMlInce tho Minimum Monthly
Plyment will bo Idjustod to Include Iny unpaid Imounls duo Irom provious bllllnc cyet...
Tho Plyment Amount dopends on the monthly periodic rato Ipplicoble to your Account,lnd Is colculltod IS 10110wa:
Monlhly Periodic Rlto Plyment Amount
throuch 1.33'lll J.4J'lll of Account Blllnce
ovor 1.33% tnrouch 1.45% 1.55'lll 01 Ac<:ount Bollnce
over 1.45% throuch 1.57'lll 1.67% 01 Account Bolonco
over 1.57% throulh 1.70'lll 1.80% 01 Account Ballneo
over 1.70% throuch 1.83'lll 1.93'lll 01 Account Bollnco
over 1.83% !brouch 1.95% 2.oo'lll 01 A,,:ount Ballnce
over J.95'lll 2.15% 01 Account Ballnce
Finlneo Chi....: This Is tho inter..t charled on the bllance 01 your Accoullt durinC CleII billlnc cycle. Tho FiJ1lllCO
thorco is calculltod from tho dato thol each IdvlnL... c~eok or chirco I. pooted to your Account. Tho FlllIBco Owp is
computed by multlplyinC tho Ivorlce dilly ballnce In your Account in Clch bill in. cyclo times the mOllthly periodic
rlto slItod on palO ono. Tho Ivenco dilly blllllCO is dotormlnod by totlling III dilly unpaid bol_ In _h billinc
cyclo Ind c1ivldlnc the total by the numbor of dlYs in thlt cyclo (but not I... thin thirty). A doily unpaid bIlance is
tho Imount owed Glch day, excludinl"ny unpaid Finanoc Charce, Administrltlvo Chlrces, Ind c:rodit 1/l.lUt1llCO chIraoo
for prior billlnC eycles.
Annual Fee: You Igree to psy an Annusl Fee IS stated on paco ono lor participation In this tovolvin. c:rodit pllJl.
Ibo 1011111 AnnUlI Pee is stated on pale one Ind is due Ind paYlblo on the doto thot your Aa:ount is OlltIblishod, and
the sublequont AnnUlI Fee Silted on paco ono i. duo Ind paYlblo on the lime dlY 01 Clch aubecquenl year. You lVOO
that this fee mlY bo charCed to your Account boJlneo.
Bad Che<:t Chlrcc: II you pay by I che<:k which is relurned lor Iny rcason, you "cree to pay I bod chock chorp of
~
Lato Chlrce: If you do not pay Iny required Minimum Monthly Plymont within 15 dlYI oItot it is duo, you Icree to
pay I lito charco of 10'lll 01 tho Minimum Monthly Plymont duo or S2O. whichever is creater (excludin,"ny unpaid
lite chir.... Ind Imounts duo from prior blllinc cycles).
NOTICE: SEE TilE FOLLOWING PAGES POR ADDITIONAl. PROVISIONS AND IMPORTANT
INFORMATION REGARDING YOUR RIGlffS TO DISPUTE BILLING ERRORS.
0'-05-96 liS PA RI. F Noll-HE
MIGINAl
PA0U332
1111111111111011.1111
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Other Chlrc..: You "Iroo to pay Iny Imoun18 Iclllllly incurred by Household lor services rendorod in connection with
lbe YOt8Olll1 t..:Rdit I.ino A<n>unt lor ,- paid Co public oI/icill. in connoction wilh per/octinll, roc:ordin,. ""ouin, or
lltiofyjnllI leCurily interest in thosocuricy. \'ou "Croo thlt th.... I... mlY be chariOd 10 your Accounc blllOQ,l.
TorminlliOll and CillO,.. jn Iho A,roernent: Wo can lerminlle your ri,hl to obllin lIdditiOtllI IdvlnCCll or
Chln,o mo Iorrna or thll ^'toemont, lRCIUdln, iner_in, tho tlto 01 Pinlnce CbltCe IIUy limo. Prior .rllten
notice wiU be livon to you when required by Ipplicab/o Ilw un'''' yoU consenllo tho chan,o bolore IlIat time.
ChlJl'OI may apply to both no.. Ind OUlltlndin, balln_ un'", prohibited by Ipplicablo la...
DollufllOd Cancollllion 01 A.roomont
W. hive tho rr,ht to require you to pay your onliro bollllCO pluo all olhor Iccrood but unpaid chlr,.. immodiltoly and/or
to cancel your credit privilolOl under thil Aereement boco_ 0/:
(I) llilure to mike Iny paymoo,- in lull when due undor Ihis Aireemon~
(b) lroquont overdrlwin, 01 your Ii,," 01 croclil;
(0) llilure tr. tupply UI with Iny Inlormllion roquesled;
(d) lupplyinC us with mialOldini, lllso, incomplote or incorroct inlormltion;
(e) breakinClOy 01 tho promises, tormlor c:onditiona thlt Iro conteined in Ibi. A...eemont;
(t) lIlefilin, 01 I bankruptcy petition by or alalOS1 you;
(,) tho dOllh oIlny borrower who siiRl this ACroomant; or
(h) Ihe ilIa or tronator 01 any interOSI in the property securincthis "CNlement (this includes tho croation 011
IUbordinate lion).
Allor dehu/e, you will pay Our COUrt COlts, rOlSOnlblelttornoy I... (j/lIlorney is nOl our 1II11ried employee), Ind otbor
collection oo.tI rolllod to tbe dO/lull, il not probibitod by applicab/o Ilw.
Any blJlnce OUllllndin, under tbis Acreemonl when the credit limit Is terminated will continuo to Iccrue inlerol& IIIho
contract rote until paid in lull.
PERSONAL CREDIT LINE ACCOUNT AGREEMENT (PICo 3 01 4)
YOUR BILLlNO RIOHTS
KEEP THIS NOTICE FOR FllTURE USE
Thil notice con'-in. importanl imlormltion Iboul your riChrs Ind Household'a rosponsibilitiOl under the Pair CredlI
Billin, AcI.
Notily HOUlehold In Casool Errotl or Quoations About Your DiU
II you think your bill ill wronC, or il you nood more inlormltion lbout I trlnaaclion on your bill, wrile HoueehoId till 1
IOparlte shool II tho address lialod On your billlltot tho words; "Send your billincerror notice to: (Ho_bold'.. lIIIIIe IIld
Iddrose).. Write to H"UIOhold II SOOn IS JlOIISiblo. Household mUll hOlr from you no Iller lhln 60 do,. IIIor HoIldIllold
IOnl YOU tho fitlt biIJ on which lho orror or problem apPOIrod. You can to/epbone HOUIebold, bol doIl1J 10 wUJ DOC
pr_rvo your ri,hl&
In your letter, civo Household Iho 10llowin, inlormltion:
· Your nomolOd ICCOunt number.
· Tho dolllr ImOUQt oIcho sU&pocted orror.
· Deacribe tho error Ind explain, il you can, why you bellevo there illn error. [I you noocf more inlormltioo, ~ Ihe
item yOU Ire not SUre Iboul.
Your Ri,blllnd Household'. Relponsibillti.. Alter f/ou,obold Recc/v.. Your Writtea Notice
Household mUll IcknowledCo your lOIter wil~in 30 dll'S, un I.... HOUlOhold hu corroctod Iho error by tbon. Wilhltl90.....
Housebold mUll oithor corroct the orror or exp/lin why Household beHoves tho bill Wu COrrect.
Alter HOUiehold recoiv... your 10lter, Household connot try to colloct Iny Imount yOU qUOltiOll, or IWport J'OU .
delinquent. Household con continue to bill yOU lor tho amount you queslion, includinclinlnce cbarps, Ind ~ tlIII
Ipply Iny unpaid ImOunt "ilin.t YOur credit limit. You do nol havo to pay Iny quealioned Imount whilo ""'-'--W Ie
investi,"tin" but yOU Iro atill obligated to pay the par'- 01 your bill chit are not in question.
NanCE: SEE THE FOLLOWING PAGE FOR ADDITIONAL PROVISIONS AND IMPolTA.NT
[NFORMATION REGARDL\JG YOUR RIGHTS TO DISPUTE BILLING ERRORS.
0'-05-'8 LIS P4 II. F Non-Rf
OAIGI""L
/"8111II111111111111.,1,.
NOIatI
PERSONAl, CREDIT LINE ACCOUNT AGREEMENT (Pice 4 01 4)
,
., ......
It Houeohold IInds that Hour.ehold mloe a mislike on your bill, you will not hive to pay Iny finlnco chit... relltod to Iny
q_tionod Imc;unt.1I Household did not mike I mistake. you mlY Mvoto ~y finlnce chlrceo, Ind you will hive 10 mllo
up Iny misood payments on tho questioned Imount. In either coao. Household will BOnd you I stltcmenl or tho Imount you
owe Ind lho dlto that it il due.
II YOAJ lail to pay Iho Imount Ihlt Housahold thinka you owe, Household mlY repon you.. dolinquont. Howevor, il
HOlOlObold'lOIplanltion does not soLisly you Ind you writo CO Household within ton dlYltollinc HOUIOhold that you still
rcr_ to pay, 1l0UllChold must toll anyono HOUlOhold reports you to thlt you hovo I q_tlon lbout your bltl. And,
HOUlIOhold mUlt toll you tho nome of Inyooe HOUlOhold reportod you to. Houoohold mult toll anyona HOUlOhold roporll
you to thlt tho mitIOr has been aellled between us when it flnolly i&
II Ho_hoId oo...n't lollow theso rules, Household can't colloct the fint S50 of tho qocstioned Imoonl, oven il your bill
"II cotroc1.
Bofore lipinc thil Acreomenl, you hove read Ind received this Acrooment Ind tho Fodorll Trulh-In-Londinc
dilclolUIre8 contained In it.
You, the cUI!omor(.) sicninc below, "creo to observo tho lermllnd conditions 01 this ACroement.
Tbil Acreemotlt II entered undor the Ippliclblo provisions of Pedorll Ilw Ind tho Pennsylvlnll Consumer
Discount Company Act.
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(11.11-4 fA#~ J3. ~1'..J.u/ (SHAL) (SEAL)
Customer Sicnlturo Cualomer Sisnaturo
Dato: /O-?../-"" Dato:
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WitR*: (SEAL) (SEAL) "
01'011-11 LIS 'A II. F Non-III
'AOllm
ORIGINAL
I.IIIUIIIIIIII.IIII
-.,..'
SHERIFF'S RETURN - NOT FOUND
CASE NOI 1997-06599 P
COMMONWEALTH OF PENNSYLVANIA I
COUNTY OF CUM8ERLAND
HOUSEHOLD FINANCE CONSUMER DIS
VS,
KERR CHARLOTTE B
R, Thomas Kline . Sheriff, who
to law, .ays, that he made a diligent search
named defendant, to witl KERR CHARLOTTE B
but was unable to locate Her in his bailiwick,
being duly svorn according
and inquiry for the within
He therefore returns
the COMPLAINT
NOTICE
NOT FOUND. as to the within named defendant
KERR CHARLOTTE B
CHECKED POST OFFICE AND THE DEFT, IS NOT KNOWN AT
ADDRESS GIVEN, SANDY MYERS RESIDES AT ADDRESS,
Sheriff's Costs I
Docketing
Service
Affidavit
Surcharge
18,00
6,20
,00
2,00
So answer-s I _ ~
./'-// "-'-~
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//~-,,'" ~ . d,. -', ,r' ,-,P
H. Thomas Kline, Sheri~~
$26,20 JAMES ASHTON GREENE
12116/1997
Sworn and subscribed to before me
this II. ~ day of J. fl".~L. _
19 97 A,D,
~Q,~.~.
Prothonotary
SHERIFF'S DEPARTMENT
flaI[l1l1ltGlXIIIAKSlQGD~~,*IIIllJ4XJ982)(Xl(U~
CUMBERLAND COUNTY
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
,INSTRUCTION' P'l....... 1,1"" ')' p',"l ""J fl!f '''i",r'1 '''oIIJ4bol'lt
, _), ,III ~,]tJ-") p,) f1"l;J,'lac" .llli q \H....
i I ""HAl,. ....1).:[
".";',".' r,,'OI;UT 'IlI.Jl,llHR'" -.----.----.-----..
o~~~:~::::..;-~n:::: C. ~,c, n__--.... _: ~~~-~L~~~;~~O;~~~i~---..--
nERVE NAMf OF IfltOlV10uAL COMPANY CORPORATION Ere TO SERVICE OR DESCRIPTION OF PROPERTy TO BE lEVIED ATf"CHEDOR SALE
+ --.DO~~SV ~fi~ ~~jji~ :i-Pd~~~~O (;-;;;-Bo;;;-'''' sw. .rniZ-;-' c"";}-----
AT _.87..3_ ()!.cl _~}._~..I'!_r_. Spril!~ _ Ro~d~_"!,,,cha..!l.~~"!..~urg, PA 17070
. SPECIAL INSTRUCTIONS OR OTHER INFORM" TlON THA T WILL ASSIST IN EJtPEDiTlNG SERVICE
NOW
. 19 _ I, SHERIFF Of BE~KS COUNT'( PA dO h'lf~br depul1le Ihe S~.!I11 01
County, 10 ...(\.Ilelhe within and make return Ihereol accordmg 10 law
SHERIff Of BERKS COuNTY PEN'."
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION N B WAiVER OF WATCHMAN - Any depuly ,h"lll I....ylng upOl' or Illachlng
Iny prop,'ly under wllh,n w'll may le,he same wlI"oul .. walChman to cuslody 01 '#IInome~.r I' lound In POUlK"on. all,r notllYlng per,on
01 levy 01 aUlehm,nl wllhOul Ilabillly on lhe pari 01 suCh depuly 01 IfI. sneull 10 any plllnlifl nereln 101 any loss. de'lIutllon or
rtmO~IIl)1 any tuCh P perly belore ,htrttl s sale Ih!'lleul
Slgnalur' at Allorn,y or olne Oflglnalor .IlQueslmg selvlCIl un beflall 01
TelEPHONE NUMBER
DATE
ADDRESS
~lAINTlFF \
DHENOANT 610-374-3148 \
PA 19601 ._ \\ \'{; Po
LOW FOR USE OF SHERIFF ONLY - 00 NOT WRITE BI;LOW THIS LINE
J COURT NUMBER
PLAINTIFF
RETURN EO
10 ANIWIII.
Stonllur. 01 O'p Sh.rlff
Oil.
'\~'IR~EO 'I"d 'o.Jtlsv,tleJ 10 bttO" f".II".S
0',
SIgnalur' of Sh'rltl
Oal'
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S"er.I' u' Bl!r., C~),,"'r,
Bes:)-'.) ~..:
HOUSEHOLD FINANCE CONSUMER
DISCOUNT COMPANY
961 Weigel Drive
P.O, Box 86382
Elmhurst, IL 60126,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
vs.
No. Q'1- lcSqq C:.uJl1QjI~
CHARLOTTE B. KERR
873 Old Silver Spring Rd.
Mechanicsburg, Pa. 17070
Defendant
SUPREME COURT ID n21729
CIVIL ACTION - LAW
N 0 TIC E
You have been sued in Court, If you wish to defend
against the claims set forth in the following pa~es, 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
ASSISTANCE,
Cumberland County - Referral Service
Scecial Court Administrator
- Third Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6223
TRUE COpy FROM RECORD
In Testimony whereol, I here unlo set my hancl
ancllha ~I 01 said Court al Carlisle, Pa.
This O1c.o-ll' ~y. 01,\1<..;'</ , 19 Cf'7
. I... I un. J {Y\nlhl'lcnn \~
Prothonot;lry
THE PUF:POSE r,: T:.'l~ r,~~.1~::;N1CATION IS
TO COLLECT ;\ c.~jT "I ::: i'.('!l' INhjR~,'Ar:ON
OBTAINED WILL DE lj5i:u rO~ 1 iilS PURPOSE
HOUSEHOLD FINANCE CONSUMER
DISCOUNT COMPANY
961 Weigel Drive
P.O, Box 86382
Elmhurst, IL 60126,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
....
vs.
No,
CHARLOTTE B. KERR
873 Old Silver Spring Rd,
Mechanicsburg, Pa, 17070
Defendant
SUPREME COURT ID #21729
..
CIVIL ACTION - LAW
NOT ICE
Unless you notify the office below within thirty (30) days
after receiving this notice that you dispute the validity of this
debt or any portion thereof, this office will assume that the debt
is valid. If you notify this office in writing within thirty (30)
days from receiving this notice, this office will: obtain
verification of the debt or obtain a copy of the judgment and mail
you a copy of such judgment or verification. You are also advised
that any information which you supply to this office may be used by
us in the collection of the debt. If you request this office in
writing within thirty (30) days after receiving, this office will
provide you with the name and address of the original creditor, if
different from the current creditor,
.-
\
JAMES ASHTON GREENE, ESQUIRE
539 COURT STREET
READING, PA 19601
(610) 374-3148
_ T.J" rr''''.IJ'lICATION IS
THE pljRPn~c ~.' ;.. J ",.;, "~~u~M,,T\ON
TO COLLECI A U"E~U' -1;'6 FO~ THIS PURPOSE
OBTAINED WILL B ~
.
COMPLAINT
:1., Household Finance Consumer Discount Company, the
plaintiff, is a corporation doing business at the address indicated
in the caption hereof,
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2.
Defendant(s), Charlottte B. Kerr is an adult
, ,
individual residing at the address set forth in the caption hereof, ~
3. On or about October 21, 1996, the Defendant(s) signed
a perosnal Credit Line Account Agreement hereinafter referred to
as "Agreement", with the plaintiff, a lending institution.
4. The subject Agreement is attached hereto as Exhibit
A and incorporated by reference herein,
~,
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5. The agreement whereby Plaintiff and Defendant (e)
entered into provides that the Oefendant(s) were to receive certain
sums of money or credit limits pursuant to the attached Exhibit
"A".
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 agreement.
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 or
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 DF THIS COMMUNICATION. IS'
TO COLLECT A n~P'T AND ANY INFORMATIQIt
OBTAINED VlILL tlt u~ttJ Fuil THIS pl.IlU'OiE
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8, Defendant (s) became delinquent by failing to make the
payment as agreed,
Defendant (s) continue to fail to keep the
I
payments up-to-date, with the last payment having been made on
March 14, 1997,
9, The agreement whereby Plaintiff and Defendant (s)
entered into the above relationship also provides for the costs of
suit and reasonable attorney's fees to be paid by the Defendant(s)
in the event of a default,
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B, Interest at contract rate
through October 10, 1997
3,074.,33
10, The amount due and owing under the terms of the
subject Note after application of all payments is:
A, Unpaid principal
$15,651. 75
TOTAL
1. 500 . 00
$20,226.08
C, Attorney's fees
11. Interest on the unpaid principal balance shall
accrue at a per diem rate currently at $10.14 from Oct, 10, 1997.
12. Despite repeated demands by the Plaintiff, the
Defendant(s) have refused and continue to fail and refuse to pay
the amount due,
WHEREFORE, plaintiff demands judgment against the
Defendant (s) in the amount of $20,226.08 plus interest at the
10, 1997
rate on a per diem charge curr1ntly at $10.14 from October
plus costs of this action, ,~_
JameiA ~ton Greene, Esq,
Attorne for plaintiff
THE { URPOSE OF THIS COMMUNICATION IS
TO COLLECT A r.:~T A;"" ~"v IN:ORMATION
CiT"INiC VIII-I. ll~ U~~1l fUtl Ttll~ PURPoSE
contract
VERIFICATION
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I verify that the statements made in t.he foregoing
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Complaint are true and correct the best of my knowledge,
information and belief, I further verify that I am authorized to
make this Verification on behalf of the Plaintiff. I understand "
t.
that false statements herein are made subject to the penalties of
18 Pa, C.S,A. 54904 relating to unsworn falsification to
authorities.
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ROgERT ACKERMAN
Household Finance Corporation
DATED: ,d ...1 <11
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PERSONAl. CREDIT UNE ACCOUNT AGREEMENT (PICO 2 01 4)
A vlillble Credit: You may oblain fund. direcIly from us orthrough yourspecial checb up to your IVlillblo credit. Fach
check must be wrltton lor It least Sloo.OO. Your IVlillblo credit is your credit limit (shown on page ono) less tbo t01l1
unpaid blllnco, includinc Flnlnce Charges, of your Account. 11 you mlko loon plymen'- by check, 1'10 will Idjust your
avlllablo credit IOVon dlY. Iller we receivo your chcck to IlIuw lor check c1elfinc. 11 you request funds in In Imount tbat
would ClUSO you to exceed your Ivailable credit, Wo aro nOI obliglted to honor your request. 11 we do lend you In .mount
ovor your ..aillblo credll, you "Ilreo 10 pay us thll elC'" Imounl, plus Finlnce ChItC", immodiltoly.
Promi.o to PIl" You promiso 10 PlY l/ousehold: (I) .mounts borrowed under this Agreoment; (b) Finlnco Charces,
Admlmstraltvo Charces (tho lato charge Ind bid chcck chlrce) Ind other chlrces provided in this Agreemont; (c) credit
Insurance chlrc.., if any; (d) colleclion CDllIa permitted by Ipplicable lIlY, Including reosonlblo altorneys' IceS; Ind (0)
Imounls in OXCC<lS of your credit limit Ihat wo mlY lend you. plus Finance Chltges.
Plyments: You mlY repay your enlire oUlstandinc balanco Itlny limo without penalty. You may not u.o your special
check. to pay Iny Imounu due under this Agreement. Becluse tho Finance Charge i. computed each day, you will conllcl
us reClrdlnll the Ollct payoff amount for the day you inlend to mike lull plyment. If you do nol PlY the entire unplid
blllnce 00 your Account It once, you Igree to pay It leut tho minimum payment shown on your monthly Slltement
Plymenta will be Ipplied 15 follows: First, to any Iccrued but unpaid Finlnco Chlrg..; Second, to Iny unpaid
Admini.trltlvo Chargee (the tate chlrgo and bid check chlrce); Third, to any unpaid credit insurance chlrges; Ind Fourth,
to tho oUlalandinc blllnco 01 your AL'COunt. Any part of your monlhly plyment to be Ipplied to Imounts borrowed on
your Account will be Ipplied to the smounts borrowed under your Personll Credit Line Account in the order in which tbe
Imounts woro borrowed. Any part of your monthly payment 10 bo Ipplied to Finance Chlrces will be Ipplied in the samo
mlnner.
Minimum Monthlr. Plymont: Tho ~lInimum Monthly Payment lor Iny billing cyclo will be the grelter of (I) the
,rooter or m or the I'lyment Amount (I. described below) plus Iny Admlnistrltivo Chltges Ind credit In.urlnco char,es,
rounded to tho nearest SI; or (2) the Finlnce Charges due for the billing cycle plus Iny Administrative Chsrges and credit
insurlnce charces; or (3) the Imount of the AnnUli Fee Isscssed to your Account [n each instance the Minimum Monthly
Plyment will be Idjusted to include any unpaid ImounU duo from provlollS billing cycles.
Tho Plymont Amount depends on the monthly pori odic rate applicable to your Account, snd Is calculated 15 follows:
Monthly Periodic Rite PI}'ment Amount
throuch 1.33% 1.43% of Account Blllnce
over 1.J3% through 1.45% 1.55% 01 Account Balance
over 1.45% through 1.57% 1.67% 01 Account Balanco
over 1.57% throogh 1.70% 1.80% of AL'Count Balance
ovor 1.70% through 1.83% 1.93% 01 Account Blllnce
over 1.83% throuCh 1.95% 2.00% 01 Account Bllance
over 1.95% 2.15% of Account Ballnco
Finance Charges: This is the interest charged on the balance of your Accounl during each billing cycle. The Finance
Chlrce is calcullted from tho dlte thll each Idvlnce, check or charce is posted to your Account. Tho Finlnce Oltgo is
computed by multiplyinC the Iverago dlily balance in your Account in each billinc cyclo times tho monthly porlodic
rato Stlted on pace one. Tho avenge dilly boJlnco is determined by totaling III daily unpaid ballnce. in each billing
cycle Ind divldlnc the total by tho number 01 day. in thlt cyclo (but not I... than thirty). A daily unpaid blllnce is
tho Imount owed each day, excluding any unpaid Finance Charce, Administrative Chlrges, and credit insurlnce chsrges
for prior blllinC cycles.
AnnUl[ 1'eo: You agree to pay an .'1nnull Fee as suted on pallO one for participation in this revolving credit plan.
Iho Imllll AnnUli Feo is Silted on paco one and is duo Ind payablo on tho date thlt your Account Is established, Ind
the suhscquent Annual Fee stated on paco ono Is due and paYlblo on the same day 01 each subsequent year. You agree
thlt this foo may be chltged to your Account balance.
Bid Check Chlrce: If you pay by a check which is returned lor Iny reoson. you acree to pay a bid check chltgo 01
,).lU.
Lito Charge: II you do not pay any required ~linlmum ~Ionthly Payment within 15 days Ifter It is doe, you agree to
pay I lito chltg. of 10% of lhe Minimum Monlhly Plymont duo or $20, whichever is greator (elcludinCloy unplid
lito charces Ind Imounts duo from prior billing cycles).
NOTICE: SEE THE FOLLOWING PAGES FOR ADDITIONAL PROVISIONS AND IMPORTANT
INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS.
oe-OS-98 LIS PA Rl F Non-RE
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PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Pice 3 01 4)
Olher CharCIl5: You "&ree to PlY Iny Imoun18 Ictuolly incurred by Household for servjOOl ronderod in connoction with
(nO YOJ'IO/III uildit Line Account for foea paid to public officills in connection with perrectinc, rocordinc, rol....lnC or
IItllfyina IlOCurity intotut In lho aecurlty. You "Creo thll these foea mlY be charced to your Accounl blllllCO.
Termlnllion and ChlnCIl5 In Ihe A rumen\: We can lorminlle your riche to obllin IdditlOlll1 IdVlnCCl or
c Inc. e .rms 0 IS crOClmcn, Inc u Inc increulng tho rite of Finln"" Chirco Illny timo. Prior ..rillen
noli"" will be clven to you when requlrod by IppllClblo Ilw unles. you con.enlla Iho chlnao before thll time.
Chlnles mlY Ipply to bolh noW and OIJllllndinl blllnr.a unlea prohibited by IppllClble II".
Dollulland Cancellltion of Aaroomont
Wo have tho riCh! to roquiro you to pay your ontlro blllnco plua III othor Iccrued but unpaid chlrceslmmediltoly Indlor
tlJ cancel your credll privlleces under this Acreemonl bocIUSO of:
(I) Ililuro to mike Iny paymonla In full when due under this Acrcement;
(b) lroquonl overdrawing 01 your line of crodlt;
(c) Ililure to .upply ua with Iny inlormltion requestod;
(d) lupplyinC us with mi.l..dinc. 11150, incomplel. or incorrect Inrormltion:
(e) brookina Iny of lho promlllOS, term. or conditions lhlt ore conllinod in lhis Aareoment;
(I) thelilioc of I bankruptcy potition by or 1&linst you;
(C) tho death of Iny borrowor who siCns this ^croomont; or
(h) thelolle or transfer 01 Iny interest in the property securina this Icrcemenl (thil includeslhe croolion 01 I
.ubordinlllllien).
Altor dellult. you will pay our court COS'-, rcuonlble Iltorney I... (il Ittornoy Is not our Illlried employee). Ind olhlr
collOClion costa relltod to lho derlult, if not prohibited by Ipplicobto Ilw.
Any blllnce outsllndinc under this Acrcemont when the credilllmit II terminated will continuo to accrue in!erect II the
contrlct rate until paid in lull.
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notlco contlins importanl imformllion about your rights Ind Household'. responoibiliti.. under tho Flir CrocIil
BiIlinc Act.
Nolify Houaehold In Case of Errors or Queslion. About Your Bill
II you think your bill is wronc, or il you need more informltion lbout I trlnllction on your bill, write HOUllohold on I
soparlto oheellt the addross listed on your bill alter tho words: "Send your billinc orror notice to: (HoUlOoold'.. nomalnd
IddrCSII).. Write to HOlllOhold U lOOn .s possiblo. Household must hear from you no lltor thin 60 dlyolfler HOUlllhold
sont you tho fit1lt bill on which tho error or problem Ippoored. You con tolephone HOU6Chold. but do/nclO will 001
preservo your richll.
In your letter, cive Household tho followinc inlormllion:
. Your nlmo and Iccount number.
. The dollar Imounl of the .uspected error.
. Describo the error Ind explain, if you con, why you bellovo there is an orror.ll you neod moro inlormltioa, dtlllCl'lbe the
ilOm you Ire not sure lboul.
Your Ri&blllnd Household'R Responsibilitill5 Allor Housohold Rcceivos Your Wotton Notice
Household musllcknowledCo your loiter within 30 dlYs, unl... HOUliOhold hu corrected tho error by then. Within 90 dlyo.
Housohold must oither correct the orror or o~plain why Housohold bellevcalho bill \VII correct.
Aller Household receives your letter. Household cannot try to collect Iny Imount you qllOltion, or report you u
delinquont. Household Cln continuo to bill you for the Imount you question, indudinc finlnco char.... Ind Ho~d con
Ipply Iny unplld Imount IClinot your credit limit. You do not havo tc ply Iny qUCOltionod Imounl whilo Houoebold III
invcatic"tlnC, but you Ire still obliClted to pay the parts or your bill that are not In question.
NOTICE: SEE THE fOLLOWING PAGE FOR ADDmONAL PROVISIONS AND IMPORTANT
INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS,
PMlaS1
OI-OS-98 us PA II. F Non-Ill:
ORIGIIW.
111111111111111.1111
PERSONAL CIlEDIT LINE ACCOUNT AGREE~IENT (Pice 4 01 4)
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(1Jn..t1A/14 1:3. /("A.A.I (SEAL) (SEAL)
Customer Si,nlturo Customer Sicnaturo
Dlte: fo' 1-1- H, Dote: r
WitnOlS: (SEAL) (SEAL)
II Houaehold linds thlt Ho_hold mldel misllko on your bill, you will not have to pay any finln~e charC" rellted to any
qIJestionod amount. II Household did not mike I mi,tako, you mlY hive to pay linlnce chlrces, Ind you will hlvo to mlKo
up Iny missed payments on the queationed ImOUI\t. In either cue,/Iouaehold will sond you I slltement of tho Imount you
owo Ind the dlto that it is due.
1/ you 'Ii! to pay tho Imount that Household thinks you owo, /IoU$Ohold mlY report you IS dollnquent. Howover, il
Household's Olflln.ltlon does not ..tidy you Ind you write to Household within ton dlYs tellin, Household thlt you It ill
rdOlO to pay, louaehold must tolllnyone Household reporll you to thlt you havo I question lbout your bill. And,
Houaohold muatlOlI you tho nlmo of Inyone/loOlOhold reportod you to. Houaohold must tolllnyon. Houaohold ropor'-
you to that tho mitIOr h.. been IOtlled between us when it finally ia.
it Household doesn't lollow these rulea, Household can't collect tho fint $50 of tho questioned Imount, oven if your bill
w.. correct.
Boloro .I,oincthis Acroomenl, you hlvo read Ind received this Acreement Ind the Federll Truth-In-Lendlnc
disclosures contained in it.
You, the cll.ttomer(s) sicninc belo.., "creo to observe Iho torms Ind conditions 01 rhi. Acr.oment.
Thil Acreemont is entered under the IppliClblo provisions of Fodorll II" Ind the Penn.ylvanil Con.umer
Discount Complny Act.
OI-OS-II LIS PA ... f Non-Ill
PAQ!I]34
CIUOIIW.
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