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HomeMy WebLinkAbout01-5930IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. Plaintiff, ROBERT D. BUCHANAN, Defendant. CIVIL DIVISION No. Ol - TYPE OF PLEADING: Complaint TYPE OF CASE: Civil Action FILED ON BEHALF OF: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendant's Address: 8 Marshall Drive Apt. 14J Camp Hill, PA 17011 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 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, Plaintiff, CIVIL DIVISION .o. 92c3 ROBERT D. BUCHANAN, De f endant. 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. CU~{BERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A%FEIT0~ 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 LTHAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, BENEFICIAL CONSUMER DISCOUNT CIVIL DIVISION COMPANY, Plaintiff, VS. ROBERT D. BUCHANAN, Defendant. AND NOW COMES, DISCOUNT COMPANY, by its Civil Action Complaint, thereof: 1. Corporation, PENNSYLVANIA COMPLAINT the Plaintiff, BENEFICIAL CONSUMER Attorneys, Mollica & Murray, with its the following of which is a statement BENEFICIAL CONSUMER DISCOUNT COMPANY is a 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. ROBERT D. BUCHANAN is an adult individual residing at 8 Marshall Drive, Apt. 14J, Camp Hill, PA 17011. 3. On or about March 5, 1999, 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. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 October 3, 1999. has the default. 6. Pursuant to the terms of the Agreement, Plaintiff right to require payment of the entire amount owed upon The total amount due, including principal and interest, and owing by the Defendant Eight and 13/100 ($4,028.13) Dollars as of August 18, 2001. 7. Numerous demands have been made upon Defendant Plaintiff, but Defendant has failed or refused to pay. recover costs is in the sum of Four Thousand Twenty by Pursuant to the Agreement, Plaintiff is entitled to of collection and reasonable attorney's fees. W~EREFORE, Plaintiff Thousand Twenty Eight and 13/100 thereon at the rate of 18.52% costs and attorneys' fees. claims damages in the sum of Four ($4,028.13) Dollars, with interest from August 18, 2001, plus court Respectfully submitted, MOLLICA & MURRAY By: CATHY ANN CH~O~/LAK, 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 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LENDER (called "We", "Us", "Our"} BENEFICIAL CONSUMER DISCOUNT COMPANY 3358'PAXTON STREET P,C, BO× ~4gg ,. BORROWERS (called "You", "Your") BUCHANAN, ROBERT 0 SB~ 105420247 8 MARSHALL DR CAMP HILL PA t~011 LOAN REPAYMENT AND SECURITY AGREEMENT (Page I of 3) .... .,~- LOAN NO: 111 ~3§-508614 C3/05/199g 4,g58.64 1 ,51q,B1 $ 01 ,2g '15.7,74 13'7.74 NONE YOU ARE GIVING US A SECURITY iNTEREST COVERING: INSURED YEAR DESCRIPTION N PERfi0NA~ PROPERTY ON EXHIBIT 1 MAKE/MODEL SERIAL NL~MB ER NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. 10-11-98 NRE PAB75001 I$1 IIIlllllDIlgll{llllllllll EXHIBIT LOAN REPAYMENT AND SECURITY AGREEMENT {Page 2 of 3} PAYMENT. In return for this loan, you will pay us the Total of Payments (the sum of Finance Charges plu~ Amount Financed}, in monthly payments stated on page one. '['bo Finance Charge is the total of Interest plus Service Charge. You may pay more at any time. You will pay us at our business addre~ as stated on page one or other address given ye? If more than one Borrower is named on page one, we may enforce this Agreement sgalns~ all, or any, Borrowers, but not m a · combined amount greater than the amount owed. DATE ON WHICH FINANCE CHARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is mad~ by mail, the date on which the Finance Charge begins is postponed by the number of days from the date of this Agreement to the date of dlsbursement.paym~nt due dates and effective date of any optional [nsurance purchased are also l:~ostponed. pAY-OUTS. Yon agree to Pay-outs of Amount Financed as shown on Truth-In-lending disclosure form. If pay-outs change because loan closing is delayed, {a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional pa3~outs. PREPAYMENT. If you fully pay before final payment due date, the amount you owe will be reduced by unesrued Finance Charge {hut not Service Charge) determined by the "Rule of 78ths. ~ MATURITY, After the final payment due date stated on page one you will pay interest at the rat~ of 18% per year. SECURITY. You agree m give us a security interest in the property identified on page one, which will secure all indebtedness, including future advances under this Agreement. LATE CHARGE. If you don't pay any payment in 10 days after it's due. you will also pay 1 1/2% 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 b~cau~e of insufficient funds or is oth~rwise dishonored. You agree that we may dedu~ this charge from a monthly payment. FAILURE TO PAY. If you don't pay any payment on time ur fail to keap any rcquire~l i~urance in force, ia) all your payments may become due st once and without notifying you before bringing suit, we may sue for the total amount you owe less any unearned Finance Charges you would r~ceive 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 reallae on security. EXCHANGE 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 say 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 sham any information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties, You may prohibit the sharing of such information (clccpt for thc sharing of information about transactions or experiences between us and you) by sending a written request which contains your full Game, Social Security Number and Address to us st P.O. Boa 8602. Elmhurst. IL 60126. ]f you fail to fulfill thc terms of your credit obligation, a negative report reflecting on your credit record ms3' bo submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalen~ of such department) may release your residence address to us, should i: become necessary to locate you. You agree that our supervisory Parsonnei may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. OPTIONAL INSURANCE. Ol~tional Credit Insurances and any required insurance disclosures are attached to this Agreement and are incorpors~ed herein by reference, APPLICABLE LAW. The Pennsylvania Cnnsumsr Discount Company Act (CDCA), Title 7, Purflon's Pennsylvania Statutes, governs this loan. NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAl, CONTRACT TERMS. 10-17-98 NRE PA~75002 LOAN REPAYMENT AND SECURITY AGREEMENT IPage YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSURES. ITNESS: (SEA?} I~H fl {~11~ ~l il Ill Ill IMiIHI~UuI~ailH ~ ~lll~ t[ ~! [[ OCT 0~ 2001 0B:33 FR HRSC ?5? 3GB 1303 TO ~1,~1~B17111 OP/TO~AL P~ONJ~L P~OP~T~ ~OTECT~O~ P.07/07 Ae~nt Number~ 711736-508614 (0~¥) (s~) (~p) PROP~ INSURAMCE THROUGH ~ER: We PE~O~ ~OP~ pR~ON (Not W~ ~v= ~ i~ ~u ~ ~ ~ ~ ~ ~ ~Y' Your ~ly is u fnllow~ ~P~P~ ~ Y~ ~v= no ~ .... You hn~ ~iOm $ $ IIlIlillllIlIBIIEIIIII TOTAL PAGE.O? ** OCT 09 2001 08:32 FR HRSC A~ount N~m~ 7 ~173~-508614 ~ 757 368 1383 TO 914123817111 P.05/07 P.06/07 ""' IIIIIIlIIIIiIIIllll VERIFICATION Patricia Garcia, Recovery Specialist for BENEFICIAL CONSUMER DISCOUNT COMPAI~f, a Household International 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 foregoing Complaint are tree and correct to the best of her knowledge, information and belief. Patricia Garcia THIS IS AN A1 il:dPT TO COLLECT A DEBT AND ANY INFORMATION OBTABI~) Will BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. ROBERT D. Plaintiff, BUCHANAN, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's address: 8 Marshall Drive Apt. 14J Camp Hill, PA 17011 CIVIL DIVISION No. 01-5930 TYPE OF PLEADING: Praecipe for Default Judgment TYPE OF CASE: CIVIL ACTION FILED ON BEHALF OF= BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: 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 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TO: PROTHONOTARY Please enter judgment by defendant, ROBERT D. BUCHANAN, follows: default against the within-named for failure to file an Answer as Amount claimed in Complaint: $4,028.13 Interest from 8/19/01 thru 11/19/01: 183.41 Costs of Collection thru 11/19/01: 492.25 TOTAL $4,703.79 With interest accruing on the total balance of $4,703.79 at the rate of 6% per annum, together with additional costs of suit. By: /~zz~~ ,~ CAT~ ~ CHROMULAK, 'ESQUIRE MICHELLE D. SMITH, ESQUIRE Attorneys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared MICHELLE D. SMITH, ESQUIRE, attorney for and authorized representative of plaintiff who, being duly sworn according to law, deposes and says that the defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed to defendant on November 8, 2001 by certificate of mailing in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. CATfqY ~ CHROMULAK, ESQ. MICHELLE D. SMITH, ESQ. Sworn to and subscribed before me this /~ ~ day of~3~, 2001. ~ot ary Public ~ Notarial Seal ! Yvonrte Gardrler Janes, Notary Public ! Pittsburgh, Allegheny County L_My Cornmiss'lo~ Exp,rea Jan. 29, 2005 ~ ,am ~u~r, Pennsylvania AssOCiation Ct N /iS IS AN AT P 0b~ TEM T TO COLLECT I A DEBT AND ANY INFORMATION I OBTAINED WILL BE USED FOR { THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. ROBERT D. Plaintiff, BUCHANAN, Defendant. CIVIL DIVISION No. 01-5930 TO: ROBERT D. BUCHANAN 8 Marshall Drive Apt. 14J Camp Hill, PA 17011 DATE OF NOTICE: November 8, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 800-990-9108 By: ~ULAK, ESQ. MICHELLE D. SMITH, ESQ. Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT OBTAINED WILL BE USED FOR A DEBT AND ANY INFORMATION THAT PURPOSE.