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HomeMy WebLinkAbout07-1820 IN THE COURT~OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, Vs. CHRISTOPHER TASSIN A/K/A CHRISTOPHER A. TASSIN Defendant(s) CIVIL DIVISION 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 TAI+~E THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAKE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONES THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU; CAN GET LEGAL HELP. N CUMBERLAND COUNTY BAR ASSOCIATION i 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 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, CIVIL DIVISION No. d ~ - I ~~ ~.v~.l ~.[~.K-- Plaintiff, vs. CHRISTOPHER TASSIN A/K/A CHRISTOPHER A. TASSIN, TYPE OF PLEADING: Complaint TYPE OF CASE: Defendant. Plaintiff s Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 622 NORTH PITT STREET CARLISLE, PA 17013 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO.42067 MAUREEN A. DOWD, ESQ. PA ID NO.90549 KURT J. WINTER, ESQ. PA ID NO. 84801 BETH ARNOLD-HOWELL, ESQ. PA ID N0.203606 CHRISTINE SAUNDERS, ESQ. PA ID N0.203373 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL C~ISUMER DISCOUNT COMPANY, CIVIL DIVISION e~~:L`r~ Plaintiff, vs. CHRISTOPHER TASSIN A/K/A CHRISTOPHER A. TASSIN, Defendant. No. O'ff' -- ~Pac~ COMPLAINT AND NOW COMES, the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by ~~its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof: 1. BENEFICIAL CONSUMER DISCOUNT COMPANY is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff'. 2. CHRISTOPHER TASSIN A/K/A CHRISTOPHER A. TASSIN is an adult individual residing at 622 NORTH PITT STREET, CARLISLE, PA 17013. 3. On'or about AUGUST 1, 2006, Defendant entered into a written Loan Agreement with the Plaintiff,; as evidenced by the Endorsed Check, a copy of which is attached hereto as "Exhibit A" and iricorporated herein. 4. Pursuant to the Loan 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 Loan Agreement for failing to make payments when due, with the last payment having been made on or about NOVEMBER 6, 2006. 6. Pursuant to the terms of the Loan 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 EIGHT THOUSAND FIFTY THREE AND 87/100 ($8,053.87) DOLLARS as of FEBRUARY 6, 2007. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover the entire indebtedness, including without limitation, principal, accrued interest, costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of EIGHT THOUSAND FIFTY THREE AND 87/100 ($8,053.87) DOLLARS, with interest thereon at the rate of 25.698% from FEBRUARY 6, 2007, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC ,. CATHY ANN ROMULAK, ESQ. PA ID N0.42067 MAUREEN A. DOWD, ESQ. PA ID N0.90549 KURT J. WINTER, ESQ. PA ID NO. 84801 BETH ARNOLD-HOWELL, ESQ. PA ID NO. 203606 CHRISTINE SAUNDERS, ESQ. PA ID NO. 203373 Attorneys for Plaintiff 375 Southpointe Boulevard THIS IS AN ATTEMPT TO 4th Floor COLLECT A DEBT AND ANY Canonsburg, PA 15317 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. O 0 a r 0 ~_ a is ~.~ r .'. r r -ti3 u-~ ~, r w t r ~_ EXHIBIT (l 11 C 2 x~ rtl :.~ ..~ w r _~ .~..~ r ~~ t'~ o~ r'} N •- - N ~ . -~ ~Z~ C ~ ~Tr i a~,~= - A O ~ W ~ o ~'' O .+ a: G A a G N C u C T 0 v d u _~ O C ti.r ~ '- J7 ~~ . ~ ~. C ~ ~ j ~ N y ~ rM ~• ~ W ~ CD ~ Q ~ ~Q ~, O O ~ D~- ` ~ ` ~ ~ v ; ~ ~ ~ ~, t~ r d, cs n rn ~ t ate. ~ n . d N ~~ i2 ~ _.. c -.. C ~ a- ~ ~ sn ~ rn' --~ !~ -~ ~ ~ ? o ~N ~m~O fl o~~ .~ '* as ~,~ ~ ~0 ~ ~ m ~ y • ~ ~ ~ -o a 3 c = ? . ~ ~ `' m s: _~p. ~~ ?1 © 33 Q ~~ r $~ o~ ~~ n I~ a v_ 7 0 ;-~ J O D e C ~ .~ ~ z ~~~ v ~ ~~ ^.~ ~• x ro ~o~ ~M~ ~ ~1.~ -- ., x ~.:.rx ~~~ ~~ ~ .....r ~~ ~M N a x W 2I'1~f.'fl2 ~ Cn~ A G7 .~" ~~~ug ..... N ~~ ~ G ~~~~ m~ ~ •«~D ~ ~ -~ o ~ ~~ ~~ ~.*~e -~f "~ `~~ 8Y endxsnD Ihts ched you eprs. m fhe trams am evnd+osm of the sttaci+ea Rmrssory Hots. ~ ~ ,~, i~aundi S+4na~se st witlMtt~twnea payse a~ly ~i / ~ ~Y ~ Darson wdost nrn and sddnxs ! / ~~S appear en Lose C~sc#. Loan Glrtk not irar~hls. . ~~ Signing this check will result g~, ~qa loan that must be repaid ~ with interest and fees. t~ .~ $~~~_~ ~.,~ .r; ~. ~~ ~~~~.; s?~~ ~- ~-- ~- t;~- ~ i r~i; Q ~. ~ !;~ ~ t:i.Y C1J ~~ t~ CtJ ~;~ !! ri x ~ ~~.x0. ~r~~ 'tL:w' I h ~~ ~ jry _I~_ F~ :'1 ~`~.~y ~ ~ r`rh +i al iv ~Y`y 0~ ~ 1'=e°t Pro ~ i= ~ ~~ w ~~ ~ ~ ti~a , , ~~ ~.ooc~ l~ ICIICIIQI 7128100706oooosN~,9i2160000i00075F8.26677z444oo3zz6g963 A(sas6sHSH000noap I®/~'~~®~,®'~" Pay m the order et SEVEN THOUSAND AND 75/100 Not valid after: Angast 9, 2006 HSBC Bank USA, NA ROeassed al 1301 East Tpwr tined 7 2a~ s t ChSd~ Ca ' ~Il~ol A~vdlaMs al HSBC HSBC elders: Fa DepoaM qtly July 10, 2006 AMOUNT: $7000.75 yed`s Endorsement and Two Forms of ID Required. endorsing the back of this check you atxept our offer and ree to the terms of your loan agreement contained in Form # 6772PA(07/06)444. If this offer is not accepted, please destroy this cheecckk.. Signing this check will result in a loan that must be repaid with interest and fees. /f• ~r.. LreG...._ AUTHORIZXJG SIGNATURE IIaO L9004040811a I; 27 L9?00 L iI: 7 L 28 LO 2 2689644ua Sign the bsclc of this check, and each ~ deposit it before the expvation date. A ~ Suite S00 11I congressional 131vd. Former Customer ID No.: 444 0032268963 ~aala.HSacmaer~ Comet, °~ 4603z Check Amount: $7,000.75 This is a real check for $7,000.75 It's valid until August 9, 2006 Dear Sample A. Sample, Because you're a former customer, you can take this check to the bank! Once you cash it, you open a loan from Beneficial. Then use the money to make your life even more rewarding. Take this check to your bank This is a real check, not a copy of one. So you can use it to get your money fast, by simply depositing it in the bank. If you have any questions, you can call the Loan Education Center at 1-866-396-INFO (4636). Use the money from your loan for anything You may want to make a large purchase. Or use it to pay off bills, cover tuition, even take a vacation. No matter what, it's available now. It's easy to get more money Simply call us toll free at 1-888-793-4596 before August 9, 2006, and we'll add an extra $2,000 to your loan offer. Sincerely, ~L~~ ~~ Jeff Hood Beneficial P.S. To accept this loan offer, please be sore to sign and deposit your check before August 9, 2006. If yon do not accept this loan offer, please remember to destroy the attached check. 10 -Day SatLfactloe Guarutsr`Beause ae want you to be completely satisfied, we offs a Suisfection Gvuantee. If for ary reason you ati not satisfied with this loan end you repay it m full within 10 days after the Iwo fimda ate disbtnsed, other tlaa with a refutantx of this lom with us, we will refmd any interest cttargec, closing costs and fees. Pk will also waive any prepayment petulry appliabk w your loss. The Promissory Note end Disclosures found on the back contain s full explsoatim of the terms sod conditions of your loan. SPECIAL N071CE -Please see the eucllued documents entitled "Privacy Stttement^ for important information on your rights. THIS IS A SOLICITATION FOR ALOAN-READ THE ENCLOSED DISCLOS[IRES BEFORE SIGNING THIS CHECK If you do not wish to receive airy further solicitation. prase all (8g8) 793-4596. You can choose to stop receivingprescreened" offers of credit from this and other companies by calling toll-free 1-88$-567-8688. See PRESCREEN & OPT OLTf NOTICE on other side for more information about prescreened offers. nzata•n6ay6•tlu Sample A. Sample July 2006 444CC10PABENEFICIAL056 Philadelphia, PA 19116-3927 IrtrIIIrLtsttllrttllJlttrtlLLlrtrtLlltrtlllrttllHtrttlll 4HAgI2260963-00.OOOt6! 11.3 26773PA(07/06)4N 056 OB 71?91aCC10 ~~ ta•er.atlo rteaa clans: ooNOrauns h» wiao.w F•«q ~ ~ ~ ~~ ll' rtarlo ~ ~ wr des ~~ ~ ~~ ~ ` ;~' 6~~ ~ ~ ~ ~ $ ~ ~ ~ =_ R ( ~a m C dive PRESCREEN 8 OPT-OUT NOTICE: This'preskxeened' offer of txedit ht busd on hdol7mation in yotu credrt i, report indicating that you must meet certain triteria. This offer is not guaranteed M you do not meet our criteria [induding providing act:eptable properly as co~eteral]. M you do not want to receive prost:roened offers of credit from this end other companies, call the consumer reporting agencies toy-tros,1-866-567-8688; or write: Experian Opt Out, P.O. Box 918, A9sn, TX 75013.0818, Equifax Opts, P.O. Box 740123, Atlanta, GA 30374-0123, Trans Union, MarkeBrtg Opt-Out, P.O. Box 87328, Jackson, MS 39288-7328. PROM1550RY NOTE AND DISCLOSURES CREDITOR (Called "We", "Us", "Our"): BensfkW Conswnsr Dbeotatt Comprty Suite 500 111 Congressional Blvd. Carmel, IN 46032 BORROWER (Called "You", "Your"): Sample A Stvnpb July 2006 444CC10PABENEFICIAlA56 PhOade~ttia, PA 19116-3927 • AMIIIAL Pt.RCENiABE RATE • FNANCE FNAR9E Amosst Fhastx4d Tnbl c Paylast4b polo The cost of your txedN ac a The dollar amount the credit The amount of credit The amount you w61 have of yeary rate. will cost you. provided to you a on paid after you have made a0 Loos Your behaR. payments as scheduled. 26.77296 55,76&46 .e. 57,000.75 512 71;8 20 JAY 10. 2006 • , . .e. e• Yotr Payment schaduN vN0 trs: PrapYstasb K ye~)say sff early, Yee teay M wtltlM b a rsbM of cart d Ue Row garp. late Gwps: M Yw Aaa't Nf wf Ipyawt Y 10 qp alto ire ties, Yw ts01 abs yay 1.1I2Y.1Nr wrelY w tlts atost ewrMta Iwriwt b a S1.w ~ialatw cwrNl• See bebw tar any addltlaid idorrnetlon about rarpaymant defar0, arty regtiNed repaymerd h fu1 before the sdbdubd date, and prapeymerd rotunda and panaltles. 'e' meant an estimate Number of Payments Amount of Payments When Payments Are Due: 60 S212J~ Polordhly, beginning on the Payment Due Date shown on the first Billing StatemertL rNw~atsE ro PAY. ey cipnirp the attsdxd check, you spree to the terms of tlric Promissory Note and Disdwuro antl promise to pay uc the Told of Peymerns Olre sum of Fnarae Charge plus the Amount Fbancod) in mouthy vayments u stated drove. Finance Charge includes a nonrelundabb Servkx Charge of 51.50 fa each $50.00 or fraction lhaeof rat to exceed a matdmum of 5150.00 and interact which has bean calculated in advance d the Contract Rate of 25.898X par year on the schedubd unpaid balances on the essumpdorur the payments are made on time. DATE ON WHICH FlNANCE CHARGES BEGIN. R4YMEN1' DATES. This loan wa be eorKUmmated on Me date you cash the check for the ban proceeds which you received whh thk 1'ramksory Note and Disdostrres. Finance Charges we begin on the date the drodc k cashed. PREPAYMENL 0 you fully pay bdoro the final paymerd due date, the amourn you owe wH be reduced by uneamad Finance Charges (but not the Service Charge) determined by the Rule of 7lahs LATE CHARGE h you don't pay any paymern in t 0 days after ICs due, you wa ako pay 1-1/276 per momh on the amourn overdue (subject to a St.oo minimum drarpe). BAD CHECK CHARGE Ws we charge you a tee of t20 if arty paymern ohedc k retained because of iruufficieM hinds or k otherwke diahorared. You spree that we may deduct thk charge from a monthly payment FAILURE TO PAY. If you clout pay arty payment on time (a) err Your payments may become due at once and without notlfying you txdore brbWnB suh, we may wa br the total amourn you owe bcs any unaamW Fmvaa Cherpas you would receive H You hAy prepaid, and (b) you wa also pay our reasonable atlomey tees. M the aftomey is not our salaried employee, for bpd procee6nps to co6ect 1Ns ban or realize on seadly. ALTERNATIVE DISPUTE RESOLUTION. Terms of the Ardtratlon Provlabn k provided whh thk Promssory Note and Disclosure and k bcorporoled heroin by referorae. CUSTOMER INFORMATION PRACTICES. You ogres that the Dapsrlmern of Motor Vehicles (or your state's aquhrabnt of such deparanerit) may release your roatdence address to ua, s1auW h become necessary m beds you. You spree that our supervisory personnel may Isten b telephone cats between you and our representatives In order to evduate the quayty of our service b you. For more Information ropardinp our privacy pradbes, please refer to the encbsed Pdvaey Statement ITEM NATION OF AMOUNT FlNANCED. TM emire Amourn Financed (shown above) we be given directly to you. 22589frPA-471-051204 26772PA(07/O6)444 PACNLB PA0456.07 VERIFICATION Carrie A. Radcliff ,Recover Specialist for F~Ik~ZCi.~_L CCJ~ .> ,'~ 17~SGY?Ill~lT C(~1'?~~aY Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities, that the facts set forth in the forgoing Complaint are true and correct to the best of her knowledge, information and belief. Carrie A..Radcliff ~sa ~\ O ~ J ~~ l~ •~r ~~ (~) C _. ~ ~ ~r r% ~'_ f,-_. _. (~ -1 y.y N ~-J r C7 N ~? ~~. Cam) f,J '"F'l "tT fTi .ti:` ~=~ ~`~~ } } S 1 ~ ~i .D ^'~ Na11,fe uw~ [Click here and type ~ehxn address] May 16, 2007 No. 07-1820 Civil Term Beneficial Consumer Discount Company, Plantiff Vs. Christopher Tassin A/K/A Christopher A. Tassin, Defendant Cumberland County Prothonotary 1 Courthouse Square Carlisle, PA 17013 Dear Sir or Madam: I am writing this letter in response to case number 07-1820. I, Clxistopher A. Tassin, was informed that the credit counseling service we have been dealing with, Kimbay Credit, was handling the account. However after speaking with Kimberly Credit and with the law office representing Beneficial, I have found the error. Kimberly Credit stated they were making payments th Beneficial however Beneficial did not agree to the payment terms. I disagree with the suit and have been speaking with Jodie Cowden, representative for Chromulak & Associates, L.L.C on behalf on Beneficial, to resolve this matter. I have spoken with Jodie Cowden, representative for Chromulak b Associates, L.L.C on behalf on Beneficial, and was informed to send a financial breakdown and then we would be able to work out payments to beneficial based on that. I have faxed this over and am awaiting feedback. fi more information is needed please contact meat 717-249-6756. Sincerely, ~-1-~-~ A"..~.~; Christopher A. Tassin 622 North Pitt Street Carlisle, PA 17013 ~ ~ ~~ S/r~ (~~ ~:/iiviC~~'e~r~~.f _-,~ n~ p~PdNSYLVANIA Julie L. Er;Brt. IVoary Fublic Caere 'w,~n Y~;rcCounty Pvtyr Cc.,^'s` ,:. , ~ . AurJ. 12.2008 N+err `` ~~` °'ic:~ Of tiotaries ~ r ~ d ~ , ~ , _..x ~, > r :s%' C:. '~.~ C.F"1 ,.{ -w tSJ rn ~- N ~~.' {; N ~ w Mme! (~ ,~ ~' ~ a ~~ N ~~ ~ r+ O~G cry ~ m u. p ~~ O Q- ,~ ~ a ~. '`L ~~~~g3tlNn ° ~ t Yp 0 ~~~ ~~~ ti~ N _.~' ~~ °v o v ~' r Cn ,~ °~ ~~ ~' v, r /4 ~F ~ ' ~~ ~ `~ ~~ v r ..~ .-~„; ..~' . r ...~ •~ .~_ ..= -,.~ ;: ,,., S..t 4i. ib t c~ .:~ t::~ ;,..t ~. , i x µ SHERIFF'S RETURN - REGULAR CASE NO: 2007-01820 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS TASSIN CHRISTOPHER AKA CHRISTO JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TASSTN CHRISTOPHER A/K/A CHRISTOPHER A TASSIN DEFENDANT the at 2107:00 HOURS, on the 16th day of April 2007 at 622 NORTH PITT STREET CARLISLE, PA 17013 CHRISTOPHER TASSIN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 Y f d4`e'7 ~., 3 2. 8 0 Sworn and Subscibed to before me this day of , So Answers: . ... , ,, R. Thomas Kline 04/17/2007 CHROMULAK & ASSOCIATES By. Dep t Sheriff A.D.