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Home My WebLink About03-3741McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive - P.O. Box 8634 Elmhurst, IL 60126 Attorney for Plaintiff Cumberland County Court of Common Pleas Bonnie J. Bardell 132 Channel Drive Carlisle, PA 17013 Number 0,~ --- .~ 7Lit/ COMPLAINT IN EJECTMENT NOTICE AVl[SO 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 afier this complaint and notice are served, by entering a written apl~arance 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. Le han demandado a usted en la core. Si usted quiere defanderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al parlir de la fecha de la demanda y la notifieacion. [lace faita asentar una coarparencia ascrita o an persona o con un abogado y entregar a la torte en forma ascrita sus defansas o sas objeciones a las demandas an contra de su persona. Sea avisado qua si usted no sa defiende, la corte tomara medidas y panda confinuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere qua usted cumpla con todas las provisionas dc esta demanda. Usted puede perrier dinero o sus propiedades u otros derechos importantes para usted. 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 HELP. LLEVE ESTA DEMANDA A LrN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company 961 Weigel Drive - P.O. Box 8634 Elmhurst, IL 60126 Bonnie J. Bardell 132 Channel Drive Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas COMPLAINT IN EJECTMENT Plaintiff is the owner of the premises known as 132 Channel Drive, Carlisle, Pennsylvania 17013, the full legal description of which is attached hereto, made a part hereof, and marked as Exhibit "A." 2. Plaintiff acquired title by reason of a Sheriffs Sale conducted by the Sheriff of Cumberland County on June 1 l, 2003, by reason of Writ of Execution issued out of the Cumberland County Court of Common Pleas, Number 02-5313 Civil Term at the suit of Household Finance Consumer Discount Company v. Bonnie J. Bardell. 3. Defendants are in possession of the foregoing described premises without fire, color of title, or benefit ora lease from Plaintiff. 4. Defendants are wrongfully and unlawfully in possession of the premises. 5. Defendants have no rights of possession to said premises. 6. By reason of the aforesaid Sheriff's sale, Plaintiff holds paramount title to the premises but Defendants continue to unlawfully and willfully retain possession and keep Plaintiff out of possession thereof and refuse to vacate and deliver up the said premises to Plaintiff. 7. As no landlord tenant relationship exists between Plaintiff and Defendants, Defendants are not entitled to any specific notice to vacate. The commencement of an action in foreclosure culminating in a sheriffs sale should have put the Defendants on notice that Plaintiff intends to recover full interest, title, and possession of the premises. 8. Additionally, prior to the filing of the complaint in foreclosure, Defendant was sent an ACT 91 Notice which notice contained, inter alia, the following paragraph: "EFFECT OF SHERIFF'S SALE- you should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at anytime." 9. Notwithstanding the aforesaid, Defendants have willfully remained in possession of Plaintiffs property and refuse, and still refuse to vacate the premises and continue to occupy the sanle, WHEREFORE, Plaintiff demands a judgment be entered in its favor for possession of the property. TERRENCE J. M~/CABE, ESQUIRE Attorney for Plaintiff VERIFICATION I, verify that the statements made in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. TERRENCE J. I~ICCABE, ESQUIRE Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN property situate in the Township of North Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a stake on the Northeast corner of Channel Drive and a 33 foot proposed street; thence along the East side of the 33 foot proposed street North 62 degrees East, a distance of 150 feet to a stake; thence along lands now or formerly of the Grantor, South 28 degrees East, a distance of 150 feet to a stake; thence by same, South 62 degrees West, a distance of 150 feet to a stake on the North side of Channel Drive; thence along Channel Drive, North 28 degrees West, a distance of 150 feet to a stake; the place of beginning and containing 22,500 square feet, more or less. Tax Parcel #17q1581 Parcel 029 Bonnie J. Bardell 132 Channel Dr. Carlisle, PA 17013-1207 (717) 249-2690 August 25, 2003 Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 Complaint in Ejectment Number: 03-3741 Civil Term Household Finance Consumer Discount Company V. Bonnie Bardell Gentlemen: I wish to defend against the claims listed in the Ejectment. I believe that Household Finance has seriously overstated the amount of money due on the property by charging excessive fees, interest and other costs. Although they m-purchased the property at Sheriff Sale on June 12, 2003, I believe the amount of transfer dollars far exceeds the amount I borrowed on the property. I am attempting to honor their request to vacate the property; however, I must move nearly 50 years' worth of accumulated belongings and memorabilia. This is a challenging process, and I am working at it dally. I have received a release and agreement document regarding a Household-Beneficial settlement from the Pennsylvania State Attorney General (copy attached). If I agree not to sue them for their lending practices, I will receive a settlement of at least $1,271.66. This tells me that Household knowingly overcharged me and is admitting to that fact now. I am also attaching copies of the first two pages of an appraisal done on May 19, 2003 stating the property is valued at $48,000. My concern is that since the appraised value of the property is far below the amount listed as being owed, Household will attempt to sue me for the balance, even if I agree to the settlement offered. The attorney I have contacted to help me prepare a formal complaint is either on vacation or at her Pittsburgh office, since I have not had a response to my telephone message. Therefore, I ask the Court's assistance in obtaining a tree statement of the money actually borrowed fi'om Household Finance exclusive of costs, fees and interest on the first and second mortgages. Most of the money I have paid them over the past 10 years has gone towards interest with very little being applied to the principal. I would like to know exactly what needs to be repaid. It is my hope that a developer who has approached me about purchasing the property would agree to purchase it for the amount actually borrowed through the loans. Household has certainly made enough money from the interest collected that it would be to their advantage to accept his offer. Thank you for your consideration. Please let me know if there is anything else I need to do or if any other information is required. I will certainly review your comments and this letter with my attorney when she becomes available. Sincerely, Attorney General, State of Pennsylvania C/O Household-Beneficial Settlement Administrator PO Box 3775 Portland, OR 97208-3775 State Account Code: PA -~ Account No: 71330300993522 71330310116616 71330317121197 71330318112252 lifts $1l~ltll~lllllllllllllllllllllllllllllllfill[lllllll BONNIE J BARDELL 132 CHANNEL DR CARLISLE PA 17013-1207 I,,,111,.,111 ...... I1,.11,,,,11,,I,II1,.,I,,,I.,11,,,I.1,,11,1 [] Please check this box if the information to the left is incorrect and make any coneetions here. PLEASE READ THE ENCLOSED LETTER FROM YOUR ATTORNEY GENERAL FIRST RELEASE AND AGREEMENT TO PARTICIPATE IN HOUSEHOLD - BENEFICIAL SETTLEMENT TO PARI'ICIPATE IN THIS SETTLEMENT AND RECEIVE A PAYMENT, YOU MUST PRINT YOUR NAME, SIGN THE RELEASE BELOW, AND RETURN THIS PAGE IN THE ENVELOPE PROVIDED, POSTMARKED NO LATER TIIAN OCTOBER 14, 2003~ ALSO, PLEASE KEEP A COPY OF THIS FORM FOR YOUR RECORDS. The minimum payment you would receive from this settlement is $J,271.66 I/We would like to participate in the settlement and receive a payment ("restitution") of at least the amount listed above. By signing below, l/we agree to the Ibllowing release of legal claims that I/we may have against Household or Beoeficial in exchange for the funds 1/we will be receiving: In consideration for the restitution payment received, I/we hereby release Household from alt civil claims and causes ol action which l/we may have as of the date of this release agreement, m contract, in tort (including, but not limited to, personal injury and emotional distress), in statute, regulation or common law, and whether in an administrative or judicial proceeding, whether known or unknown, threatened or unasserted, that arise from or are related to the restitution received or the '~bllowing lending practices by Household in connection with the above-referenced account numbers tbr my real estate secured Ioaos originated by Household's retail branches from January 1, 1999 through September 30, 2002: Household's conduct with respect to multiple real estate secured Ioaus that are made at or near the same date tc, the same Borrower (i.e., "split loans"), loan points and origination fees, interest rates, monthly payment amounts, single premium credit and other insurance products, prepaymen! penahie~, loans of'ii-red through a negotiable check (i.e., "live checks"), bomc equity lincs of credit, loan billing practices relating to simple interest calculations, balloon payments, payoff' infommtion, non English language documentation, and net tangible benefit in loan refinancing. Notwithstanding this release, I/we may affirmatively or defensively assert any claim or defense that 1/we have with respect to my loan with Household io response to a judicial or threatened non-judicial foreclosure, including those related to the lending practices listed in this release. However, l/we agree that the otherwise released claims canno! form the basis lbr an affirmative monetary recovery to me against Household. For purposes of this release, "Household" means Household International, Inc., Household Fiaance Corporation, Beneficial Coq*oration, and their direct and indirect subsidiaries, affiliates. officers, directors, employees, agents, related entities, snccessors, aud assigns. PLEASE PRINT THE FULL NAME WHERE PROVIDED. AND S1GN IN THE SIGNATURE BLOCK: E-Mail: I ..................... ,,,, .... ,,, I First Signature: I Roberl R. Jonel Apprllslrl I APPRAISAL OF A SINGLE FAMILY RESmENCE LOCATION : 132 Channel Drive C.~llsls 17013 CLIENT : Ralph Godfrey, Esquire 2215 Forest Hills Drive Suite #36 Harrisburg PA 17112 AS OF DATE :05-1903 APPRAISER : Glsnn B. Mayko Robert R. Jones Appraisers Ralph Godfrey, Esquire 2215 Forest Hills Drive Suite #36 Harrisburg PA 17112 In accordance with your request, I have personally inspected and appraised the property located at: 132 Channel Drive Carlisle PA 17013 The purpose of thc appraisal was to estimate the market value, ot the property, as improved, in unencumbered fee simple title of ownership. The subject property consists of: 4 Rooms 2 BeSoms The 1.5 Story style residence contains Gross Living Area. It is my opinion that the estimated market value of the property as of 05-t9-03 is $ 48,000 The above information has been automatically extracted from the appraisal and inserted in this cover page. 1,132 square feet of Respectfully submitted, SHERIFF'S RETURN - REGULAR CASE NO: 2003-03741 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS BARDELL BONNIE J SHAi~NON SHERTZER , Cumberland County,Pennsylvania, says, the within COMPLAINT - EJECTMENT BARDELL BONNIE J DEFENDANT , at 1546:00 HOURS, on the at 132 CHANNEL DRIVE CARLISLE, PA 17013 BONNIE BARDELL a true and attested copy of COMPLAINT - 6th day of August Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2003 by handing to EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this .~ 9 L~ day of · P%zothonotary So Answers: R. Thomas Kline 08/0?/2003 MCCABE WEISBERG CONWAY ~