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Home My WebLink About98-06891 ~ -.t ~ '" ~ J ( ~ "'l, ~ o ~' .... q .- , u "',., < ~ led i...\,- VI ~ \l ~ ~ :J ~~ t '- ~ - '- ).. -- '-> - <t-- ' 0., ~ ~, 1..)-: ~I I ~g~J~~!t!'r_ !~_C;_!'{II:_~c'J'iQt! 1. Plaintiff is Norwest financial Consumer Discount Company, a corporation engaged in the business of making consumer loans and with an office at 206 Eighth Street, Des Moines, Iowa, 2. The defendant is Linda Kohls, an adult individual whose last known residence address is 214 Gull Court, Mechanicsburg, Cumbcrland County, Pennsylvania. 3. On or about August 27, 1996, the defcndant applied for and received a linc of credit from the plaintiff, and, in conncction tberewith, signed a Line of Credit Agreement, a true and correct copy of which is attached hereto, incorporated by reference herein, and marked Exhibit "A". 4, On or about August 27, 1996, and in accordance with the terms and provisions of the Line of Credit Agreement, the plaintiff made a loan to the defendant, who agrced to repay the loan in accordance with the provisions of the Line of Credit Agreement and a Loan Statement, a true and correct copy of which is attached hereto, incorporated by reference herein, and marked Exhibit "B". 5. The defendant has defaulted in her obligations under the Line of Credit Agreement and Loan Statement in that she has failed to make all of her installment payments as they have come due, and, in fact, the defendant has made no payment since February 6, 1998. 6. As a result of the defendant's default, as above, and in accordance with the terms of the Line of Credit Agreement and Loan Statement, there is due and owing from the defendant to the plaintiff Principal and Earned Interest: Attorney's I'eo: Court CoSt5: Amount Due: thc following sums: $4,481.49 896.30 154.50 $5,532.29 7. In addition to the above amount due, the defendant is obligatcd to pay the plaintiff any additional Court costs incurred t' in connection with plaintiff's collcction activity. WHEREFORE, Plainti Ef dcmands judgmcnt against the dcfcndant in -.(/ l' / C/o' :;-~/I'" /, ('ft~ GARY P. ~TZ, ESQUIRE Attorney for Plaintiff the sum of $5,532.29, plus interest at the rate of 27.24% pcr annum until paid, plus any additional Court costs incurred. ~ I) i I -J ;-~ -2- LINE OF CREDIT AGREEMENT Lender: Norwest Financial Consumer Discount Company Borrowers: ___S:t!-"oJ<''' +-1 ,U0,e. 1:::.\"'I.r._______ Borrowers' Address: 2/1.( (;.....1 \ G\- (\J\<::~."'l c.t Doar Customer: Wo've written this Line of Credit Agreement in simple and easy-to-read language because we want you to understand its terms, Please read Ihis Agreement carefully and feel free to ask us any questions you may have abouf it If it meels wllh your approval, sign your name on the reverse side, If more Ihan one person signs, each will be lully responsible for payment of alf amounts due undor this Agreemont. We use the words you and your to mean the Borrowers and anyone else who signs this Agreement The words we, us, and our refor to the lender shown above, LINE OF CREDIT. We extend to you a credit approval and a credit line in accordance with the terms of Ihis Agreement This Agreement enables you 10 borrow additional money from us without signing new loan papers, The maxImum amounf thaI may be borrowed, Ihe principal amount of credil approval and line 01 credil and the.loJ'Il unpaid balance of Ihe, Amounl Financed under Ihis Agreeme~t shall at no lime exceed $ ~ZJ.;,,;;t()~W _ You may. With our approval, borrow thIS amount either In full on Ihe dale of this Agreemenl or in lesser amDunls from lime 10 time. When used in this Agreement, the term "Amount Financed" refers to the Amounl Financed shown on the Loan Slatement which relates to the applicable advance or advances made pursuant 10 this Agreement YOUR PROMISE TO PAY AND THE TERMS OF REPAYMENT. You promise to pay us the total advances made under this Agreement together with a Finance Charge in consecutive monthly instalmenls as scheduled or rescheduled by us, HOW TO OBTAIN AN ADVANCE. Each lim, you desire an advance of money under this Agreement you must notify us either personally or by telephone indicating the amount needed, EACH ADVANCE A LOAN. Each advance we make under this Agreement will be considered a loan, Each time we make an advance we will add it to the net unpaid balance of the Amount Financed on your existing account. The sum of these amounts will be the unpaid balance of the Amount Financed 01 your new loan, The sum of the new Amount Financed plus the Finance Charge shown on your Loan Slalement will equal the Total of Payments for your new loan. Each time we make an advance we will send you a Loan Statement representing the new loan resulting from the advance and showing the Totat of Payments for your new loan. Any Loan Slatement you receive is included in this Agreement and is a part of this Agreement. Wilh respect to each advance, you promise to pay us the Total of Payments in instalmenls as sel forth in the Loan Statement representing the most recent advance under this Agreement. The Total of Payments includes charges authorized by the Pennsylvania Consumer Discount Company Act. The Finance Charge includes Interest (Discount) plus Service Charge. LATE CHARGE. tn addition to the charges referred to above, you also agree 10 pay late charges as set forth in Section 13K of the Pennsylvania Consumer Discount Company Act. SECURITY. You give us a security interest in the property described below 10 protect us if you don't repay any loan made under this Agreement. l1ir1'a) All of lhe household goods and sports/recreation equipment of every kind now located at the Borrowers' residence address shown above, except lhose prohibited by the Federal Trade Commission's Credit Practices Rule (explained in the paragraph on the reverse side tilled "Credit Practices Rule"). If you have more than one radio or television, you are excluding the least valuable radio and least valuable television and giving us a security interest in the remaining radio(s) and television(s), D.(e)Tllt: 16IfOWiu!::l....rsl3crt)i locatGd al lilt: B~tdenee-eed~e: fl {,..~ A motor vehit'la d9~erjl3ed as-feJlews: Make Year Model 51 Ie Bod En ine or Motor No. license Number N,If- For Year 19 DEFAULT - ENTIRE BALANCE DUE. If you don', pay an instaimenl on lime or if you violate the terms of this Agreement, you'll be in default. When that happens, you agree that without giving you <;tdvance notice, we can require you 10 pay the entire sum remaining unpaid at once (less any reqUired refund of charges). 355 C92 (PAl EXHIBIT "A-I" (over) ..': .. " ~~~y - -,~ .!>- qi.I~'_M<<-r 9S q~,-,--C! n,LJ.~,--', '+5 . cmlPLIIINT IN CIVrL ACTiON 1. Plaintiff is Norwcst rinancial Consumcr Discount Company, a corporation cngagcd in thc busincss of making consumer loans and with an office at 206 Eighth Strcct, Des Moincs, Iowa. 2. The defcndant is Linda Kohls, an adult individual whose last known residence address is 214 Gull Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about August 27, 1996, the defendant applied for and received a line of credit from the plaintiff, and, in connection therewith, signed a Line of Credit Agreement, a true and correct copy of which is attached hereto, incorporated by reference herein, and marked Exhibit "A". 4. On or about August 27, 1996, and in accordance with the terms and provisions of the Line of Credit Agreement, the plaintiff made a loan to the defendant, who agreed to repay the loan in accordance with the provisions of the Line of Credit Agreement and a Loan Statement, a true and correct copy of which is attached hereto, incorporated by reference herein, and marked Exhibit "8", 5. The defendant has defaulted in her obligations under the Line of Credit Agreement and Loan Statement in that she has failed to make all of her installment payments as they have come due, and, in fact, the defendant has made no payment since February 6, 1998. 6. As a result of the defendant's default, as above, and in accordance with the terms of the Line of Credit Agreement and Loan Statement, there is due and owing from the defendant to the plaintiff the following sumo: Principal nnd Enrncd Intcrest: Attorney's Fcc: Court Costs: IImount Due: $4,481.49 896.30 154.50 $5,532.29 7. In addition to the above amount due, the dcfendant is obligated to pay the plaintiff any additional Court costs incurred in connection with plaintiff's coll~ction activity. WHEREFORE, Plaintiff demands jUdgment against the defendant in the sum of $5,532.29, plus interest at the rate of 27.24% per annum until paid, plus any additional Court costs incurred. ~~ ;P. !~ GARY P., TZ, ESQUIRE Attorney for Plaintiff 'I , " I ,. n .. -2- ~ LINE OF CREDIT AGREEMENT Lender: Norwost Financial Consumer Discount Company Borrowers: S!~"~,, +-1. \ Note. 1::::. L. \ r Borrowers' Address: 2/1./ (;I..d \ c.\- M~c1.~"q d Dear Customer: We've written this Line 01 Credit Agreement in simplD and easy.to-read language because we want you to understand its terms. Please read this Agreement carefully and 'eellree to ask us any questions you may have about it. II it meets wilh your approval, sign your name on the reverse side, lI.nore than one person signs, each will be lully responsiblo lor payment 01 all amounts duo undttr this Agreemont. We usa the words you and your 10 moan tho Borrowers and anyone else who signs this Agreement. Tho words we, us, and our rofer to tho Londor shown above_ LINE OF CREDIT. We extend 10 you a credil approval and a credit line in accerdance with thelerms 01 this Agreement. This Agreement enables you to borrow additional money IrDm us without signing new loan papers. The maximum amount :hat may ~ borrowed. Ihe principal amount of credit approval and line 01 credit and Ihe,l.oJlIl unpaid balance 01 the, Amount Financed under this Agreement shall at no time exceed $ ~V.:;.o.W, You may, with our approval, borrow Ihis amount either In full on the date ollhis Agreement or in lesser amounts lrom time to time, When used in this Agreement, the term "Amount Financed" relers to the Amount Financed shown on the Loan Statement which relates to the applicable advance or advances made pursuant to this Agreement. YOUR PROMISE TO PAY AND THE TERMS OF REPAYMENT. You promise \0 pay us the totaf advances made under this Agreement together wilh a Finance Charge in consecutive monthly instalments as scheduled or rescheduled by us. HOW TO OBTAIN AN ADVANCE. Each lime you desire an advance 01 money underthis Agreement you must notily us either personally or by telephone indicating the amount needed, .-.-..---.-..--- EACH ADVANCE A LOAN. Each advance we make under this Agreement will be considered a loan, Each time we make an advance we will add It to the net unpaid balance of Ihe Amount F1nanced on your existing account. The sum of these amounts will be the unpaid balance 01 the Amount Financed 01 your new toan. The sum 01 the new Amount Financed plus the Finance Charge shown on your Loan Statement will equal the Total of Payments lor your new loan. Each time we make an advance we will send you a Loan Statement representing the new loan reSUlting from the advance and showing the Total 01 Payments for your new loan. Any Loan Statement you receive is included in this Agreement and is a part of this Agreement. With respect to each advance. you promise to pay us the Total 01 Payments in instalments as setlorth in the Loan Stalsment representing the most recent advance under this Agreement. The Total 01 Payments includes charges authorized by the Pennsylvania Consumer Discount Company Act. The Finance Charge includes tnlerest (Discount) plus Service Charge. LATE CHARGE. In addition to the charges referred to above. you also agree to pay lale charges as set forth in Section 13K of the Pennsylvania Consumer Discounl Company Act. SECURITY. You give us a security interest in the property described below to protect us if you don't repay any loan made under this Agreement. 4C;\a) All of the household goods and sports/recreation equipment of every kind now located at the Borrowers' residence address shown above, except those prohibited by the Federal Trade Commission's Credit Practices Rule (explained in the paragraph on lhe reverse side tilled "Credit Practices Rule"), If you have more than one radio or television, you are excluding the least valuable radio and least valuable television and giving us a security interest In the remaining radio(s) and televisiDn(s), D..{b) Tilt: IOIlOvvill\d {Jfopcrty-1oee:teJ gl IIn:: Borrowcrs'-fesidenee-fl(jdfes&-indteated-aboYe: r ~,..~ A motor vebi,..lp desariOOd-e-s--foHows: Make Year Model SI Ie Bod !JIlt- I, ~ine or Motor No. License Number For Year 19 DEFAULT _ ENTIRE BALANCE DUE. If you don't pay an instalment on lime or il you viola'e the terms of this Agreement. you'll be in default. When that happens, you agree that without giving you ~dvance nOlice. we can require you 10 pay the entire sum remaining unpaid at once (less any reqUIred refund of charges). 355 C92 (PAl EXHIBIT "A-I" (over) . '~ ";f"';;~.*~ ... .......-.".. RIGHT TO PREPAY LOAN - REFUND OF CHARGES. You tan propay your loan at any time. When your loan is propaid in full. we'll rofund any unearned chargos as provided in the Pennsylvania Consumer Discounl Company Acl. COLLECTION COSTS. You agree 10 pay allorney's leos and court COSIS which arise out of the CollBcllon 01 this Agreomonl while it is in delaull. You also agree to pay the actual and reasonable Qxpensos II repossessing, storing and selling any collateral which socures an advance. RETURN CHECK CHARGE, II a check used to mako a payment on your loan is nol honcred because 01 insufficient lunds or any olher reason except an orror by us. you agreo 10 pay us a $15,00 charge. ADVANCE MADE WHEN PROCEEDS OISBURSED. Each advance made under this Agreoment will be considered made on the date Iho procoeds of lhe advance are disbursed 10 you by us through the Unilec! Slates mail or otherwise. CREDIT PRACTICES RULE. The Federal Trade Commission has issued a Credit Praclices Rule that may limit your right to give us a security interest in cMain property. If paragraph <a) is checked In the description of collateral on the other side, then the Credit Praclices Rule applies to this Agreemenl. II the Rule applies. it provides that we cannot lake a security Interest In the clothing, furniture, appliances, one radio and one television, linens, china. crockery, kitchenware, and personal effects (including wedding rings) of the Borrower and his or her dependents; however, this Rule does nol prohibit us from taking a so~urity interest in any olher household goods Including but not limited to works of art, electronic enlertainment equipment (other than one television and one radio), items acquired as anllques, and jewelry (other Ihan wedding rings), Also, this Rule does not prohibil us Irom taking a purchase.money security Interest of tho nature permilted by the Rule In any household goods, ADDITIONAL SIGNERS. II you sign this Agreement and you are not a Borrower, you agree to remain responsible for all amounts due under this Agreement even if we fail to notify you that Ihe amount due hasn't been paid, You also agree to remain responsible II we change the terms 01 payment or release any securily without notifying you, STATE LAW. This Agreement is governed by the laws of Pennsylvania. SIGNATURES. II you agree to be bound by the terms of this Agreement, please sign your name below, All persons signing this Agreement will be fully responsible for paying all amounts due under it. r Dated \j". ,;.? , 19 :Jr:. .0 ~."....-~___ Sign Here.-><:J. ".-~ Sign Here (.,~) f{J1o EXIIIlHT "A-2" .. .~ VERIPICATION I, ERICA RHOADS, verify that I am the collection manager of the within plaintiff, Norwest Financial Consumer Discount Company, and, as such, that I am duly authorized to make this Verification. in Civil Action are true and correct to the best of my knowledge, I verify further that the facts set forth in the foregoing Complaint information and belief. I understand that false statements hercin are made subject to the penalties of 18 Pa. C.S. Section 4904 ~~:~~:~~ ~~~::;~"'ifiO"iOO ;:;3.;;~~~~;)~ , . II 11 l~ ;: II' '( ~~ .~;iiEH r FF' oS RETiiRN Id';':ULAIi CIISE NO: I998-0(8~ll P COMMONWEAl/1'If OF PENNSYLVANIA: COUNTY OF CUMBEI,LAND NOR~IEST FINANCIAL CONS DISC' CO -'-_._...__._,~ _....._m ._______ VS. KOHLS LIDII CHRIS EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, PelHlsyl vani". who being duly sworn according to law, says, the wi thin REINSTATED NOTICE AND was served upon KOHLS LINDA the defendant, at 13:56 HOURS. on the 10th day of March 1999 at 675 SILVER SPRINGS ROAD MECHANICSBURG, PA 17055 ,CUMBERLAND County, Pennsylvania, by handing to LINDA KOHLS a true and attested copy of the REINSTATED NOTICE AND together with COMPLAINT and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.58 _ 00 8.00 :;'.;H. ,,~ So answers: ,/ . ~ ~a -'" /..-P.' . ....~...-..::.-,- .? . / K. lhomas K~lne, bnerlrf GARY URTZ 03/11/~:9(vX~~ ~eM~ ep y r r Sworn and subscribed to before me this If day of fYtnllflh 19 9'1 A.~. ~ 1m,,) v.<o~~, Dr/-