HomeMy WebLinkAbout08-1731IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
NO. d P- /73 / C4 vV Tu"
v.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
COMPLAINT IN CIVIL
ACTION
Filed on behalf o£
BENEFICIAL CONSUMER
DISCOUNT CO.
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PF_PA I1 Cmplt Cvr Sht P&F File No. 07-28305
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
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 an 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.
NO.
Usted ha sido demandado en corte. Si usted desea defenderse
de las demandas que se presentan mas adelante en las
siguientes paginas, debe tomar accion dentro de los proximos
veinte (20) dias despues de la notificacion de esta Demand y
Aviso radicando personalmente o por medio de un abogado
una comparecencia escrita y radicando en la Corte por escrito
sus defensas de, y objecciones a, las demandas presentadas
aqui en contra suya. Se le advierte de que si usted fall de
tomar accion como se describe anteriormente, el caso pude
proceder sin usted y un fallo por cualquier suma de dinero
reclamada en la demanda o cualquier reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya
por la Corte sin mas aviso adicional. Usted puede perder
dinero o propiedad au otros derechos importantes para usted.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER
AT ONCE.IF YOU DO NOT HAVE A LAWYER GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS
OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
USTED DEBE LLEVAR ESTE DOCUMENTO A SU
ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
UN ABOGADO, LLAME O VAYA A LA SIGUENTE
OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE
UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE
PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O
BAJO COSO A PERSONAS QUE CALIFICAN.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
PA 21Notice to Defend P&F File No. 07-28305
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
COMPLAINT IN CIVIL ACTION
Ccu<-? ?i,?
NO. 68- 1731
AND NOW, comes Plaintiff, BENEFICIAL CONSUMER DISCOUNT CO., by and
through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE &
FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as
follows:
Count I
Account Stated
1. Plaintiff, BENEFICIAL CONSUMER DISCOUNT CO., is a corporation with
offices with an address for the purposes of this litigation C/O the law offices of Patenaude and
Felix, APC, 213 E. Main Street, Carnegie, PA.
2. Defendant(s) is GERALD R BROUGHTON, an adult individual, believed to
currently reside at 226 ERFORD RD CAMP HILL, PENNSYLVANIA 17011--130.
3. Defendant(s) is JESSICA M BROUGHTON, an adult individual, believed to
currently reside at 226 ERFORD RD. CAMP HILL, PA 17011.
4. Heretofore, the Defendant(s) opened an account with Plaintiff being Account No.
71330300132679. A copy of the Account Agreement is attached hereto as Plaintiffs Exhibit "A"
PA-05A Civil Cmplt Crdt Line P&F File No. 07-28305
and is incorporated herein by reference..
5. The Defendant(s) made payments, but has refused to pay, and now refuses to pay
the balance due and owing on the aforesaid account and now the full amount of the account is
due and payable in the sum of $12,968.86 as of 09/14/2007, plus interest at 22.74 % and cost.
6. Plaintiff maintains accurate books of account recording all credits and debits for
this account.
7. Defendant(s) have/has received monthly billing statements from Plaintiff setting
forth the nature and amount of all debits and credits and the transactions between Plaintiff and
Defendant(s) give rise to an account stated, upon which Plaintiff has relied.
8. By failing to object or dispute the statements, Defendant(s) have/has assented to
and agreed to the correctness of the balance due on the credit card account so as to constitute and
account stated.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
the amountof $12,968.86 plus interest as attached hereto, with continuing interest thereon at the
legal rate from the date of Judgment plus costs.
Counts II
Breach of Contract
9. The averments of paragraphs 1 through 7 are incorporated herein by reference as
if the same were set forth herein at length.
10. Defendant(s) completed an Application for Credit and the Agreement is attached
hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference.
11. Defendant(s) is in default for failing to make payments as due.
12. The terms of the Contract provided that Defendant(s) will pay Plaintiffs
reasonable attorney's fees.
PA-05A Civil Cmplt Crdt Line P&F File No. 07-28305
13. Plaintiff avers that counsel for Plaintiff is not a salaries employee of Plaintiff and
that such attorney's fees will amount to $2,500.00.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
the amountof $12,968.86 plus interest as attached hereto, with continuing interest thereon at the
legal rate from the date of Judgment, reasonable attorney's fees in the amount of $2,500.00 plus
costs.
Date:
PA-05A Civil Cmplt Crdt Line P&F File No. 07-28305
Personal Credit Line Account Ag
(Page 1 of 3)
LENDER (called "We", "Us", "Our")
HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY
25 GATEWAY DRIVE
GATEWAY SQUAREISUITE 107
MECHANICSBURG PA 17055
BORROWERS (called "You", "Your")
BROUGHTON, GERALD R
SS# 179629185
BROUGHTON, JESSICA M
SS* 205545473
226 ERFORD RD.
CAMP HILL PA 17011
ON PORTION OF AVERAGE OAILY
01 AND OVER 1.834 % 22.000 %
ent
LOAN NO. 713303-13-139904
In this Agreement, "you", "your" and "Borrower" mean the customer(s) who signs this Agreement. "We". "us" and "our" refer to
Lender. This Agreement covers the terms and conditions of your Personal Credit Line Account. We want you to understand how your
Personal Credit Line Account works. Read this carefully, ask us any questions, and if you agree to be bound by this Agreement, sign
below. If more than one person signs, each will be responsible for repaying all sums advanced under this Agreement.
Your Personal Credit Line is a revolving line of credit extended to you and secured as described below. You can obtain funds from
your Personal Credit Line Account (up to your credit limit) directly from us or by using the special checks we supply to you. You may
pay your total unpaid balance at any time or in installments.
n
REQUIRED INSURANCE. You may obtain any required insurance from anyone you choose. You must obtain insurance for term of
loan covering security for this loan as indicated by the word "YES" below, naming us as loss payee.
Physical damage insurance on vehicle listed under "Security"above. if "Y" appears under "Insured."
NOTICE: SEE THE FOLLOWING PAGES FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING
ERRORS.
03R NRE 00 1 PA056671
DFBD03D69099RLA9000PA0566710""BROUGHTON K ORIGINAL /
Personal Credit Line Account Agreement (Page 2 of 3)
AVAILABLE CREDIT. You may obtain funds directly from us or through ANNUAL FEE. You agree to pay an Annual Fee as stated on page one for
The
credit
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ual Fee stated on page one Is due and
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You
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Ishown on page opal less the total urytaid balance, including Finance established, and the subsequent
?ent year. You agree that this fee
yable
ake loan payments by cheek, we will p
an the
u
o a day
a
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na
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Charges, of Your Account. If you m
t
adjust your available credit seven days after we receive our cheek to b s chock which Is returned for any
st funds in on amount that would
ou pay by
GE
If
y
.
BAD CHECK CHAR
allow for check clearing. If you reque
t exceed your available credit, we are not obligated to honor reason: You will pay a bad chick charge of $20.
cause you
your request. If we do lend you you on amount over your available credit, you
LATE CHARGE. If you do nd) pay any required Minimum Monthly Payment
ay us that excess amount, plus Finance Charges, immediately.
ree to pay a late charge of 10% of the
to
ou a
d
p
agree
w
pee Lender. st amount borrowed
MISE TO PAY. You promise g
ui, y
ithin 15 days after it is
Minimum Monthly Psyment or $20, whichever is greeter (excluding any
l
)
C
es
.
PRO
C
ther Admi charges nistrative provided In Charges t this his unpaid late charges and smou is due from prior billing cyc
Finance
d harge,
Agreement; (b)
under this
..
d b
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an
charge),
check
charge and bad
late
Agreement; (c) credit insurance charges, if any: (d) collection costs OTHER CHARGES. You also "agree to pay any amounts actually incurre
Lander for services renderso in connection with the Personal Credit Line
assumable
r
din
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h
t
s
f
);
nc
u
permitted by applicable few,
of
and is) amounts
excess
in
g.):
is not our salaried employe
rne
tt
to Oublic
Intferestsinnthe connection wit
security. You agree that
asin for fees
it
e
y
y
o
a
secur
satisfying
r
your credit limit that we may lend you, plus Finance Charges. g a se
lle
these fees may be charged to your Account balance.
PAYMENT. You may repay your entire outstanding balance at any time
without penalty. You may not use your special checks to pay any EXCHANGE OF INFORMATION. You understand that from time to time we
mation concerning you from others, such as
e Is
Ch
f
arg
amounts due under this Agreement. Because the Finance
regarding the exact payoff
contact
computed each day, you will
t or
may receive credit in
stores, other lenders, and 6redit reporting agencies. You authorize us to
en's regular basis, we obtain related to your
mation
i
f
,
full
make e
amount for the day you intend to o m paymen
n
e ,
n
or
share any
Account, Including but not limited to credit reports and insurance
idiaries or other
b
c
,
If you do not pay the emirs unpaid balance on your Account at o
ay at least the minimum payment shown on your monthly
to s
Information with any of our affiliated corporations, su
parties. The uses a(: this information may include an Inquiry to
third
o
l
p
you agree
statement. Payments will be applied as follows. First to any accrued
unpaid Administrative
es; Second, to any
Char ,
s
determine, if you qualify for additional offers of credit. You a
s to ilrw any information regarding your Account with any of
i
hi
g
but unpaid Finance rge an
chargs? charges (the late charge and bed check a unpa Thrd, toding any unpaid
the unpaid outstanding balance
t ze u
author
our affiliated corporation,;, subsidiaries or other third parties. To may
f beck informstlan (except for the aharlmg of
o
credit insurance charges; and fourth,
of your Account. Any part of Your monthly payment to be applied to
unts roblYN the shoring o
Information shoat tremsectless or esperleaces between as cad yes) by sondiag
Nsmber eat
l Secerlt
i
S
Personal Credit Account will wili line be Account applied in n the the order amo
borrrowoweed under borrowed your on your
borrowed in
t
y
oc
a
a written falsest which ceatsiss leer fill moue,
Address to as at P.C. Now ti47, Chesapeake, VA 27310.
$mounft were
same mannerM
which that applied to Finance Charges swill be applied yourmonthly
be app ?
It you tail to fut)11 the wrens of your credit ablipatitM, s negative report
be submitted to a Credit Reporting
d ma
to
MINIMUM MONTHLY PAYMENT. The Minimum Monthly Payment for any
reater of (1) the greeter of $25 or the
the
b y
refloating on your credit recor
Agency. You agree that the Department of Motor Vehicles (or your
uivalent of such department) may release your residence address
'
g
e
billing cycle will
Variable Payment Amount (as described below) plus any Administrative
rounded to the nearest fit; or (2)
e
ce char s eq
state
essary
u,should it becomaYonc sten to tto local uou between You agree that oour ur
i
g
,
Charges and credit insuran
the Finance Charges due for the billing cycle plus any he Annual
r (3) the amount of f the mud sory
superv
representatives In order to4yeluate the quality of our arvtCS to you.
f this
Charge and credit insurance charge; o
e mssessed to your Account. In each instance the Minimum Monthly
F
f TERMINATION AND CNANCES 111.711E ASREEMENT. We cos change the terms o
ear MfaiNes Monthly Payment and Increasing
b
e
rom
Payment will be adjusted to Include any unpsld amounts due o y
Asreemeat Iseledleg Iscressi
bnl rota of Fisesif: Charge, ailing as almost fee onelear fees If
Ner
h
previous billing cycles.
sriodic rote
ment Amount depends on the monthly p
ble Pa
i g
t
e
?ermmvd by applicable lati*?-or chugs the Variable Nate ledge, It any ile .
Prier wrlltis aatlcs will bo: (irevldd to yes whom foisirod by applicable
to both
l
y
a
The Var
then applicable to your Account, and is calculated as follows: y
sslsss you ceseat is the ChUga before *at times. Cheeses say app
d etstssding baUacjs seless prohibited by applicable law. However,
"
Monthly Periodic Rots Variable Paymest Ameaat saw ro
Default
termination of your credit jilnit will occur only me provided In the
raph, Balances outstanding under this
ara
sm-
i
through 1.33% 1.43% of Account Balance
65% of Account Balance
1 g
p
li
and Cancellation of Agreeu
rosemnt when the ared14.+hmlt is reduced or terminated will continue to
A
l
f
.
over 1.33% through 1.05%
46% through 1.57% 1.67% of Account Balance
1 g
ul
.
accrue Interest at the veriab'1s contract rats until paid In
i
.
over
over 1.57% through 1.70% 1.80% of Account Balanee
70% through 1.83% 1.93% of Account Balance
ver 1
re
DEFAULT AND CANCELLATION OF AGREEMENT. We have the right to requ
ay your entire balance plus all other accrued but unpaid charges
t
.
o
over 1.83% through 1.95% 2.00% of Account Balance
16% of Account Balance
2 o p
you
is A
credit
your
immediatel and to
ment?rinlfullllewhan?rishdue under this
a
i
(
.
over 1.96% y
dce any p
a) failure to m
ecause of
b
credit;
iuent
b
nt
) f
of y ear line o
c) failure to
ro
FINANCE CHARGE. The Finance Charge is the Interest charged on the
The Finance Charge is
our Account during each balling thole.
of t
re
;
Agreeme
ltg us witti
equ s
mation
supply. a
f
li
t
f
e
y
i
l
y
balance
or
calculated from the data that each advance, chock
The Finance Charge is computed by multiplyinglthoverage
t a
o
the fi
ng
(f)
nt
s Agree
iin th
terms or conditions that A O contained
petition by or against you; 19) the death of any borrower who
tc
k
l
.
our Accoun
y
dally balance in your Account In each billing cycle times the monthly
nce is determined by totaling all
l
b
y
rup
ban
e
t suit, you will pay our court costs, reasonab
Agreement.
After is doll
this
signs
our salaried employsel, and other collection
a
a
periodic rate. The average daily
doily unpaid balances In each billing cycle and dividing the total by the
A daily unpaid balance
301
th
l no
attorney
fees (if
ttorni
a
costs related to the default, if not prohibited by spplicable law. You may be
u
If
ev
l
'
ion against us. I
a
.
en
ess
number of days in that cycle (but not
is the amount owed each day, excluding any unpaid Finance Charge,
nce charges for prior billing
i y
l r
e`s
s
r il have
awarded reasonable attorney
convert t right to
c
terest which shall be no higher then the
f i
?
eAe
y
o
nsura
Administrative Charges, and credit n
lxed rate o
oust to a
r
o
t rote in effect at the time of conversion.
cycles.
VARIABLE RATE.You agree that the monthly periodic rate used in
variable rats which may
l b verlable contrac
YOUR BILLING 11191171. REAP 7015 NOTICE FOR FDTDRE USE. This notice
t your rights and Lender's
b
e a
determining your Finance Charge wil
e from month to month. The monthly periodic rate will be
h
f ou
contains important information a
onsibilities under the Fair Credit Billing Act.
es
c
ang
one-twelfth of the sum of the Prime Rate plus the number o
e points as stated In the "Margin" box on page ens. The
ercenta
t
i p
r
Netlfy tanker in Cove of Errors or Ooestlsas Abbot Your 9)11: If you think your
tion about a transaction on your
f
g
p
e
me ro
Prima e Rate applicable to any billing cycle will be the pr
the
newspaper,
usiness
l" a
blished i n "The Well Street
If orma
bill is wrong, or If you paled more In
bill, write Lander on a separate sheet at the address listed on your bill after
to (Lender's nams and address)."
i
n
th in
pu
the billing
first publication day the month in use the the period begins.
e will l use highest of the rats in
d ce
the words: "Send your billing error not
ite to Lender as soon as possible. Lander must hear from you no later
py
, w
a range of rates is publishe
the range. When a change the Prima Rate is published, a change in
the first
on the first day
periodic rate will take c
nthl
h
h r
then 60 days otter Lander sent you the first bill on which the error or
problem appeared. You can telephone Lander, but doing so will not preserve
Information: a Yo
r
llowin
f
h
lose
y
e mo
t
e
complete billing cycle following the deco of the published change. T
owD
new loons and charges, and to the existing u
g
o
your rights. In your letter, give Lender the
name and account number The dollar amount of the suspected error
error
i
r
n
now rate will apply to
balance of your account.
e
a .
s an
Describe the error and explain, if you can, why you believe there
If you need more information, describe the Item you are not sure about.
g
The initial monthly periodic rate on your Accourn is shown on p
The monthly periodic rate will not exceed that permitted by
one
rt year Rights rod Leader's Responsibilities After Lander Receives Year Written
unless Lender
tter within 30 days
l
.
applicable law. If ciratxnstasuch as the index in the law, any cou
permit
do not
index
x to
us i
of the
discontinued
or
rulin
d ,
a
Netlcs Lander must acknowledge your
has corrected the arror'.by then. Within 90 days, Lander must either
believes the bill was correct,
d
g
n
e
er
at
change t
will
index we
correct the error or explain why len
variable row
u this
centime
t below in "Termination and Changes
cordi ng to o the he proesdurs set ou
ac
in the Agreement." An Increase in the Prime Rate may increase the
to the monthly periodic rate) and
din
g
Annual Percentage Rate (correspon
the minimum payment on your account.
NT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING
WING PAGE FOR ADDITIONAL PROVISIONS AN D IMPORTA
NOTICE: SEE THE FOLLO
ERRORS. PA056672
OO 11111111110 IN 11111111110 1111Blom I I
03-01-
VR NRE
NRE
"BF80D3D69099RLA900DPA0566T20xmBR0UGHTl1N M ORIGINAL'
Personal Credit Line Account Agreement (Page 3 or, 3)
After Lender receives your letter, Lender cannot try to collect any amount you question, or report you as delrtquent. Lender can continue to bill you for the
amount you question, including finance charges, and Lender can apply any unpaid amount against your eredittimit. You do not have to pay any questioned
amount while Lender is investigating, but you are still obligated to pay the parts of your bill that are not in question.
If Lander finds that Lender made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If Lender did
not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either
case, Lender will send you a statement of the amount you owe and the data that It is due.
If you fall to pay the amount that Lander thinks you owe, Lender may report you as delinquent. Howaver,'If Lender's explanation does not satisfy you
and you write to Lander within ten days telling Lender .that you still !refuse. to pay, Lender must tell ariyone Lender reports you to that you have a
question about your bill. And Lender must tall you the name of anyone Lender reported you to. Lander must It anyone Lender reports you to that the
matter has been settled between us when it finally is.
If Lender doesn't follow these rules. Lender can't collect the first $60 of the questioned amount, even If your bill was correct.
ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDER, The terms of the Arbitration Agreement and any other Riders signed as part of this loan
transaction we incorporated into this Agreement by reference.
APPLICABLE LAW. The terms and conditions of this Agreement will be go"mad by the provisions of the Pennsylvania Consumer Discount Company
Act, Chapter 7, Sections 6201 through 6221, Purdon's Pennsylvania Statutes Annotated, particularly Section' 6217.1,
unire on gt,this Agreement, you have read and received this Agreement and the Federal Truth-in-Lending disclosures
You, the customer(s) signing below, agree to observe the terms and conditions of this Agreement.
This loan is governed by the Pennsylvania Consumer Discount Company Lean Act and applicable Federal law.
(SEAL)
Customer Signature
Date: 3//fo 106
(SEAL)
C ctamer Signature
Date: 311 U 1
Witness: (SEAL)
03-01-00
RL VR NRE
Witness- (SEAL)
- a
PA066673
"BF6003D69099RLA9000PAOS66730MM3ROUGHTON M ORIGINAL
• Y
Authorization to Debit Account
I (we) hereby authorize Fort Knox National Bank ("Fort Knox") to initiate electronic debit entries to (or to otherwise
cause funds to be withdrawn from my (our) accounts at depositories. The debits are initially to be made from the
depository and the account listed below and may also be made from other depositories andlor accounts of which I give
Fort Knox notice by telephone or fax or in writing. The debits are to be made in the; amounts and at the frequency and on
the dates set forth below or may be made for other amounts, frequencies or dates which I give Fort Knox notice by
telephone, fax or in writing. I (we) direct Fort Knox to (i) place the amount debited in a non-interest bearing custodial
account, (ii) pay the remaining balance in the custodial account to the Company des jgnated below no less frequently than
monthly. 1 will notify Fort Knox in writing via a letter sent either by certified mail or registered mail, returned receipt
requested, in the event I file bankruptcy. I Will-send this notice to the address as follows: 400 Ring Rd., Elizabethtown,
KY 42702. This authorization shall remain in full force and effect until Fort Knox has received notification from me (or
either of us) by telephone, fax, or in writing, of it's termination in such time and in. such manner as to afford Fort Knox
and my (our) depositories a reasonable opportunity to act on it.
CUSTOMER DATA
GERALD R BROUGHTON
Name
179529185
SSN
225 ERFORD RD.
Address
DEBIT INFORMATION
Mo. Pmt = S 232.00
(+) Extra Mo. Pmt (discretionary) $ 0.00
1=) Total Mo. Pmt = S 232.00 <this is your TOTAL
AMOUNT
Please withdraw the funds from my bank account in the
following manner: (1)
Check (?1 one of these four options:
CAMP HILL PA 17011
City, St, Zip
Home phone # ( 717 ? 214-4545
Workphone# ( 717) 975-1926
BANK INFORMATION
Bank Name COMMERCE BANK/HARRISBURG NA
Bank Acct # 536939150
031 - 301 -846
9 digit bank routing #
Your account is: a Checking ? Savings
CREDITOR INFORMATION
Company to be Paid HOUSEHOLD FINANCE CORPORATION
Company Code # 13 5 5- 0 0 0 0
Loan # 7/3 30 3 13 C39 90 ?/
If you have any questions in regards to your account,
please contact HFCIBeneficial Customer Service: P.O.
Box 1547, Chesapeake, VA 23327. Phone # 8)[-660-1809,
Fax # 800-421-3227.
F-Jonce a week on in the amount of
?Every other week on in the amount
of $
Twice a month on the & on the in the
amount of $
OOnce a month on the 16 of the month in the
amount of S 232. 00 _
(1) If your loan contains a monthly payment amount which
may change, these amounts will be adjusted according to
terms of your loan agreement as shown on your billing
statement and the option you selected above.
(2) Any subsequent changes to initial dateslamounts must be
given within 3 banking days.
Date of First Debit 04 1 16 / 2005
The date of last debit will be the date on which the final
portion of my (our) oblig? with th Company is paid in
full. rte' -
l/
(Signature)
Date 3 /` / 0 G
12-15-04 I INNNE NEW MINNS 11111
EZ Psy Plus "BF9003069099EZ29000USTOEZ510"NBROUGHTON " ORIGINAL USTOEZ51
LOAN CLOSING STATEMENT (Page I of 1)
REVOLVING LOAN VOUCHER
CREDITOR
HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY
25 GATEWAY DRIVE
GATEWAY SOUAREISUITE 107
MECHANICSBURG PA 17055
BORROWERS
BROUGHTON, GERALD R
BROUGHTON, JESSICA M
225 ERFORD RD.
CAMP HILL PA 11011
LOAN NO: 713303-13-139904
Borrowers agree to and direct the disbursements and Advance indicated below. If any estimated amount shown below
varies from the actual amount paid, Borrowers agree to the disbursement of the actual amount and a corresponding
change to the Advance shown below. Borrowers agree that this Advance is made under Borrowers' Revolving Loan
Agreement (account number shown above.)
TO: STAUB ............................. .....................................5 5000.00
Initial Annual Fee
......... ...................... ............. ........t 50.00
CASH OR CHECK TO BORROWER .................. ...$ 4950.00
TOTAL ADVANCE(S) ....................... ................................5 10000.00
BORR ': ? ?//`IA&
?' Le b?.
0 Vouc4
RL Vouc her IMME111111loll MEN11 1111111 11
"BFBD03D69O99RLV9000PA137921001fBROUGHTON r ORIGINAL PA137921
ARBITRATION RIDER
United States
This Arbitration Rider is signed as part of Your Agreement with Lender and is made a part of that
Agreement. By signing this Arbitration Rider, you agree that either Lender or you may request that any
claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution;
statute; common law; or equity and whether pre-existing, present, or future), including initial claims,
counter-claims, cross-claims, and third-party claims, arising from or relating to this Agreement or the
relationships which result from this Agreement, including the validity or enforceability of this arbitration
clause, any part thereof or the entire Agreement ("Claim"), shall be resolved, upon the election of you or
us by binding arbitration pursuant to this arbitration provision and the applicable rules or procedures of
the arbitration administrator selected at the time the Claim is filed. The party initiating the arbitration
proceeding shall have the right to select one of the following three arbitration administrators: the
American Arbitration Association ("AAA"), National Arbitration Forum ("NAF") or JAMSIEndispute
("JAMS"). The arbitrator shall be a lawyer with more than ten years experience or a retired or farmer
judge. The arbitrator shall be independent of and unrelated to you or Lender. Notwithstanding any
language in this Arbitration Rider to the contrary, no arbitration may be administered, without the consent
of all parties to the arbitration, by any organization that has in place a formal or informal policy that is
inconsistent with and purports to override the terms of this Arbitration Rider, including the Class Action
Waiver Provision defined below. The rules and forms of the AAA, NAF and JAMS may be obtained by
writing to these organizations at the addresses and/or websites listed below. Our address for the service
of process under this provision is: P.O. Box 279, Mt. Prospect, IL 60056.
Any where a federal srict arbitration court s located or at such other location naasl agreed city tnearest to he partesour residence
If Lender files a Claim, Lender shall pay all the fling costs. If you file a Claim, filing costs and
administrative fees, (other than hearing fees) shall be paid as follows: (a) you agree to pay for the initial
cost of filing the Claim up to the maximum amount of $100.00; and (b) if required by the arbitration
administrator's rules, we will pay for filing costs over $100.00 and for any administrative fees charged by
the arbitration administrator on any Claim submitted by you up to a maximum of the amount of the filing
costs and administrative fees that would be charged by the arbitration administrator for a Claim equal to
your loan amount. Any filing costs and/or administrative fees assessed for a Claim in excess of your loan
amount shall be paid by you. The lender shall pay the cost of one full day of arbitration hearings. Fees
for hearings that exceed one day will be paid by the requesting party. We shall each bear the expense of
our respective attorney's fees, exceptas•otherwise provided by law. If a statute gives you the right to
recover any of these fees, or the fees paid to the.arbitration administrator, these statutory rights shall
apply in the arbitration notwithstanding anything to the contrary herein. If the arbitrator issues an award in
our favor, you will not be required to reimburse us for any fees we have previously paid to the arbitration
administrator or for which we are responsible.
This Arbitration Rider is made pursuant to a transaction involving interstate commerce, and shall be
governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the "FAA"). The arbitrator shalt apply
applicable substantive law consistent with the FAA, including laws concerning reception, rejection, and
consideration of evidence and shall provide written reasoned findings of fact and conclusions of law. The
arbitrator's award shall not be subject-to appeal, except as permitted by the FAA. For Claims where there
is an appeal right under the FAA, any party may appeal the award to a three-arbitrator panel appointed
by the Administrator, which will reconsider de novo (i.e. in its entirety) any aspect or all aspects of the
initial award that is appealed. The panel's decision will be final and binding, except for any appeal right
under the FAA. Judgment upon the award may be entered in any court having jurisdiction. All statutes of
limitations that would otherwise be applicable shall apply to any arbitration proceeding.
03116/2006 12:03 : ... Page 1 of 3 0111LE07
BF80133D89G1- 99 - XAR - 9 -*000 - 0111 LE -Z- I -o " sRouGKrON ^ ORIGINAL
ARBITRATION RIDER
United ;States
We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or
an equivalent court, if any, so long as the Claim is pending only in that court. No class actions or private
attorney general actions in court or in arbitration or joinder or consolidation of claims in court or with
other persons are permitted in arbitration without the written consent of the parties. The validity and
effect of the preceding sentence (herein referred to as the "Class Action Waiver Provision") shall be
determined exclusively by a court and not by the administrator or any arbitrator. Neither the
administrator nor any arbitrator shall have the power or authority to waive, modify or fail to enforce the
Class Action Waiver Provision, and any attempt to do so, whether by rule, policy, arbitration decision or
otherwise, shall be invalid and unenforceable.
The arbitrator shall be empowered to impose sanctions and to take such other actions as the arbitrator
deems necessary to the same extent as could be imposed by a judge pursuant to the Federal Rules of
Civil Procedure.
This Arbitration Rider shall survive repayment of your loan and/or termination of the Agreement. If any
portion of this Arbitration Rider is deemed invalid or unenforceable under any law or statute consistent
with the FAA, it shall not Invalidate the remaining portions of this Arbitration Rider of the Agreement.
However, if a determination is made that the Class Action Waiver Provision is unenforceable, this
Arbitration Rider (other than this sentence) and any prior Arbitration Rider shall be null and void. In the
event of a conflict or inconsistency between the rules and procedures of the arbitration administrator
and this Arbitration Rider, this Arbitration Rider shall govern.
No provision of, nor the exercise of any rights under this Arbitration Rider shall limit the right of any
party during the pendency of any Claim, to seek`arid use ancillary or preliminary remedies, judicial or
otherwise, for the purpose of realizing upon; preserving, protecting, or foreclosing upon any property
involved in any Claim or subject to the loan documents. The use of the courts shall not constitute a
waiver of the right of any party, including the plaintiff, to submit any Claim to arbitration nor render
inapplicable the compulsory arbitration provisions contained in this Arbitration Rider.
THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A
COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY
ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR
RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON
ELECTION OF ARBITRATION BY EITHER PARTY.
You may contact, obtain the arbltration'rUles of, or file a Claim with AAA, NAF or JAMS as follows:
American Arbitration Association National Arbitration Forum (NAF) JAMS/Endispute
335 Madison Avenue P.O. Box 50191 55513th Street NW
New York, NY 10017 Minneapolis, MN 55405 Suite 400 West
www.adr.org www.arb-forum.oro Washington, DC 20004
Arbitration Rules for Consumer Cade of Procedure www.iamsadr.com
Related Disputes (claims under Financial Services
$10,000). Arbitration Rules and Procedures
Arbitration Rules (all other claims).
03/16/2006 12:03 Page 2 of 3 0111LE07
10111111INN0,011101 *. 111111111111011
BF80D3D690 - 99 - XAR - 9 - 000 - 0111 LE - Z- 2-0- B ROUGHTON " ORIGINAL
ARBITRATION RIDER
. - - United States
Borrower: --' Date: 3 /!( /OrG
GERALD R. BROUGHTON
?hPrR ?lJ?r'o?g ? 1?+?
Print Name
Borrower: 1? 1 Date: I ck
SICA M. BROU HT
CAM 'SC r)u&)2, fl 1-3
Print Name
HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY /
_/64
BY Date: Glo 6
,,.
03/16/200612:03 Page 3 of 3
0111LE07
i??rruuu?r??w?u®r??rrrrw??u
BF8003D89Q - 99 - XAR -9 - OW - 0111 LE - Z - 3- 0 " BROUMMN " ORIGINAL
VERIFICATION
The undersigned, Gregg L. Morris, hereby states that he is the attorney for Plaintiff in
this action and verifies that the statements made in the foregoing pleading are true and correct to
the best of his knowledge, information and belief. Counsel has signed the verification at the
request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that
there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the
foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow
counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff
upon request by Defendant. The statements are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
Yre g L. Morris, Esquire
enaude & Felix, A.P.C.
13 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA-01 Arty Verification P&F File No. 07-28305
C-1
pct
l
k1% - z
C?
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-01731 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT C
VS
BROUGHTON GERALD R ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
BROUGHTON JESSICA M but was
unable to locate Her in his bailiwick. He therefore returns the
NOT FOUND as to
the within named DEFENDANT BROUGHTON JESSICA M
226 ERFORD ROAD
CAMP HILL, PA 17011
PER GERALD, EX-HUSBAND, DEFENDANT
MOVED TO CALIFORNIA.
Sheriff's Costs: So an r
Docketing 6.00
Service .00
Not Found 5.00 . Thomas Kline
Surcharge 10.00 7She f of Cumberland County
.00
--f/bj?pg 9y , X21 . 00 UDE & FELI X
2008
Sworn and Subscribed to before
me this day of ,
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01731 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT C
VS
BROUGHTON GERALD R ET AL
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RRniTC.HTON GERALD R
the
DEFENDANT at 1340:00 HOURS, on the 1st day of April 2008
at 226 ERFORD ROAD
CAMP HILL, PA 17011
by handing to
GERALD R BROUGHTON
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 30.00
Affidavit .00
Surcharge 10.00
.00
ylb fi?OY ?-- 5 8 . 0 0
Sworn and Subscibed to
before me this day
So Answers:
s
R. Thomas Kline
04/02/2008
PATENAUDE & FELIX
By: &-lz
Deputy Sheriff
of A.D.
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
NO. 08-1731
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf of.
BENEFICIAL CONSUMER
DISCOUNT CO.
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_119 Prep Def Jg Both P&F File No. 07-28305
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
NO. 08-1731
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT AGAINST GERALD R
BROUGHTON ONLY
TO: PROTHONOTARY
Please enter a judgment against the defendant, GERALD BROUGHTON, for failure to
file an Answer to Plaintiff s complaint.
Amount claimed in Complaint
Interest from September 14, 2007
Less payments received
Attorney's fees
TOTAL
$12,968.86
$2,250.48
$0.00
$2,500.00
$17,719.34
With continuing interest on the principal amount of $17,719.34, with interest at the legal
rate, plus costs of suit.
I hereby certify that a written notice of intention to file this praecipe was mailed to the
defendants and defendants' counsel (if known), after the default had occurred and at least ten
(10) days prior to the date of the filing of this praecipe. A copy of the Notice is attached.
submitted:
Felix, A.P.C.
Date: June 19, 2008
Pr g L `IG1 s, Esquire
2 E. Main treet
Carnegie, PA 15106
(412) 429-7675
PA 119 Prep DefJg Both P&F File No. 07-28305
.: w
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-11
41
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OC)
? J
iV
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
NO. 08-1731
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037(bl
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
. Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared GREGG MORRIS, attorney for and authorized representative of Plaintiff,
who being duly sworn according to law, deposes and states that the defendant(s), GERALD R
BROUGHTON and JESSICA M BROUGHTON, is not in the military service of the United
States of America to the best of his knowledge, information and belief and certifies that Notice
of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P.237.1, as evidenced
by the attached copy.
submitted:
& Felix, A.P.C.
Date: June 19, 2008
E. Main Street
7raarnegie, gg L.
PA 15106
(412) 429-7675
Sworn to and subs ribed before me this
1 day of 2001.
Notarial SW
Carolyn J. SWMK Notary Pdit
Comma Elf y .1 2011
MemW, Pennsovenia Assodarion of Notarial
PA-1 20 Aff of Non Mil P&F File No. 07-28305
co"i
t= cr%
co
u
C.,
I.Ij
i. iLu
Cu`j co
N
U
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
NO. 08-1731
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
IMPORTANT NOTICE
Filed on behalf of:
BENEFICIAL CONSUMER DISCOUNT
CO.
Counsel of Record for This Parry:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_113 10 Day Dl D2 P&F File No. 07-28305
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
To: GERALD R BROUGHTON
226 ERFORD RD
CAMP HILL PA 17011--130
Date of Notice: May 06, 2008
NO. 08-1731
MICHAEL SHELDON
5821 LINGLESTOWN RD, STE 212
HARRISBURG, PA 17112
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
717-249-3166
submitted:
& Felix, A.P.C.
Date:
dregg L. Morris, Esquire
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_113 10 Day DI D2 P&F File No. 07-28305
I, GREGG MORRIS, attorney for Plaintiff, BENEFICIAL CONSUMER DISCOUNT CO.,
hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail
upon the following:
GERALD R BROUGHTON MICHAEL SHELDON
226 ERFORD RD 5821 LINGLESTOWN RD, STE 212
CAMP HILL PA 17011-430 HARRISBURG, PA 17112
Date:
G gg L.
atenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_113 10 Day Dl D2 P&F File No. 07-28305
IN.
t? ?3 CrN
CD
N
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
NO. 08-1731
NOTICE OF ORDER, DECREE
OR JUDGMENT
Filed on behalf of:
BENEFICIAL CONSUMER
DISCOUNT CO.
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_l23 Me Jgmt Both
P&F File No. 07-28305
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
NO. 08-1731
NOTICE OF ORDER, DECREE OR JUDGMENT
AGAINST GERALD R BROUGHTON and JESSICA M BROUGHTON ONLY
TO:( )Plaintiff ( x )Defendant ( )Garnishee ( )Additional Defendant
You are hereby notified that the following Order, Decree, or Judgment has been entered
against you on d UO
( ) Decree Nisi in Equity
( ) Final Decree in Equity
( X ) Judgment of ( ) Confession ( ) Verdict ( ) Court Order
( X) Default ( ) Non-suit
( ) Non-Pros ( ) Arbitration Award
( X ) Judgment in the amount of $17,719.34, plus costs.
( ) District Justice Transcript of Judgment in the amount of $ ,
plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be
suspended by the Department of Transportation.
Prothonotary /_qdC'z% x
By -cc.R c-?* 2"?YJ? ??
Deputy
If you have questions concerning the above, please Contact:
Name of Attorney: GREGG MORRIS, Esquire
213 East Main St
Carnegie PA 15106
(412)-429-7675
PA_123 Ntc Jgmt Both P&F File No. 07-28305
s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
COMMERCE BANK
Defendant(s)
Garnishee
NO. 08-1731
PRAECIPE FOR WRIT OF
EXECUTION AGAINST
GERALD BROUGHTON ONLY
Filed on behalf of:
BENEFICIAL CONSUMER
DISCOUNT CO.
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_l34 Prcp Writ of Exe
P&F File No. 07-28305
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Capti on: -&m- c f a ?
bt?'&Xnb 67%1)
V.
P 0-13r6u
? Confessed Judgment
Other
File No.
Amount Due ?.
2
Interest r Q-T
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Oi ? !be rl &nd
County, for debt, interest and costs, upon the following described property of the defendant (s)
PRAECIPE FOR ATM;t10,JV T +XECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, s y six copies of the descripti , s 1 fo copie of 1 o ty
(glillcEl L-t PA Oog3
and all other property of the defendant(s) in the possession, custody or control o the s?id g hee(s).
Date
? (Indicate) Index this writ against the garnishee (s) as a lis
defendant(s) described in the attached exhibit.
Signature:
Supreme Court ID No:
Print Name: C
Address:
Attorney for:
Telephone:
real estate of the
Z oo C
7 (7)
00 V1_ rt
?10t?1000 c?
4- 00 ?rn
r.
of
9?
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1731 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO.,
Plaintiff (s)
From GERALD R. BROUGHTON, 226 Erford Road, Camp Hill, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
COMMERCE BANK, 1249 Market Street, Lemoyne PA 17043
Levy on bank account of Gerald R. Broughton only.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $17,719.34
Interest -- $153.07
Atty's Comm %
Atty Paid $198.50
Plaintiff Paid
Date: 9/26/08
L.L. $.50
Due Prothy $2.00
Other Costs
2z
C is R. Lo o io
(Seal)
By:
Deputy
REQUESTING PARTY:
Name GREGG L. MORRIS, ESQUIRE
Address: PATENAUDE & FELIX, APC
213 E. MAIN STREET
CARNEGIE, PA 15106
Attorney for: PLAINTIFF
Telephone: 412-429-7675
Supreme Court ID No. 69006
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2008-01731 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
BENEFICIAL CONSUMER DISCOUNT C
VS
BROUGHTON GERALD R ET AL
And now SHAWN HARRISON Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0009:40 Hours, on the 18th day of October , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named GARNISHEE ,
COMMERCE BANK in the
hands, possession, or control of the within named Garnishee
20 NOBLE BLVD
CARLISLE, PA 17013
Cumberland County, Pennsylvania, by handing to
RENA GEESAMAN (MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
Sheriff's Costs: S
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
?°/?z/o p ? ? . 00
10/20/2008
Sworn and Subscribed to
before me this day of By
A.D
true
and made
R. Thomas Kline
Sheriff of Cumberland County
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA j
i
BENEFICIAL CONSUMER DISCOUNT CO. )
Plaintiff ) NO. 08-173
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
COMMERCE BANK
Defendant(s)
Garnishee
Areweiz 4
INTERROGATORI
ATTACHMENT EY
Filed on behalf of:
BENEFICIAL CON
DISCOUNT CO.
Counsel of Record fc
Gregg L. Morris, Esc
Pa I.D. #69006
Patenaude & Felix, E
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_139lnterogs Attch Exe
P&F File No. 07-28305
IN
UTION
This Party:
.C.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO. )
Plaintiff ) NO. 08-173
V. )
GERALD R BROUGHTON and JESSICA M )
BROUGHTON )
Defendant(s)
COMMERCE BANK/HARRISBURG )
Garnishee )
OFFICES OF PATENAUDE & FELIX You are
BY: GREGG MORRIS, ESQUIRE plead to
213 East Main St Interro
Carnegie PA 15106 days fr
858-244-7675 hereo o
You are required to answer the following interrogatories about Defendant(s)
ERFORD RD, CAMP HILL PA 17011--130. You must file with the Court answers
interrogatories within twenty (20) days after service upon you. Failure to do so may 1
judgment being entered against you. A copy of said answers must be served on the u
answer to any of the following interrogatories is affirmative, specify the amount, vale
the subject property.
notified to
within 20
ate of
ose address is 226
the following
ult in a default
ersigned. If your
and/or nature of
PA_1391nurogs Attch Exe P&F File No. 07-28305
1. At the time you were served or at any subsequent time, did you om?e the
defendant(s) any money or were you liable to defendant(s) on any negotiable or other written
instrument, or did defendant(s) claim that you owed them any money or were your liable to them
for any reason? If yes, please specify as set forth herein.
Defendant had account 536939150 held jointly with Jess ca Broughton,
with a balance of $40.00. Defendant had account 537582 63 held
individually with a balance of $161.26. Defendant did hot receive
$300 exemption
2. At the time you were served, or at any subsequent time, was there in your
possession, custody or control, or in joint possession, custody or control of yourself or others,
any property of any nature owned solely or in party by the Defendant(s)? If yes,;please list and
describe the property.
See answer to question 1
3. At the time you were served, or at any subsequent time, did you ld legal title to
any property or any nature owned solely or in part by the Defendant(s)? If yes pease list and
describe the property.
See answer to question 1
4. At the time you were served, or at any subsequent time, did you old as fiduciary
any property in which the Defendant(s) had an interest? If yes, please list and describe the
property.
No
PA_l391nterogs Attch Face P&F File No. 07-29305
5. At any time before or after you were served, did the Defendant(s) t ansfer or
deliver any property to you, or to any person, or place pursuant to your directions pr consent? If
yes, what was the consideration therefore?
No
6. At any time after you were served, did you pay, transfer, or deliver! any money or
property to the Defendant(s) or to any person or place pursuant to their direction, r otherwise
discharge any claim of the Defendant(s) against you.
i
No
7. At the time you were served, did any of the Defendant(s) have the king or other
account(s) with you? If so, what was the balance in said account on the day and hat is the
balance herein on the day of your Answer hereto?
See answer to question 1
PA_l391nterogs Attch Exe P&F File No. 07-28305
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating
to unsworn falsifications to authorities, that he/she is
(Name)
Levy Specialist of Commerce Bank/HarrisburgN.A., garnishee herein,
(Title) (Company)
that he/she duly authorized to make this verification, and that the facts set forth in the foregoing
Answers to Interrogatories are true and correct to the best of
belief.
.? y
r
In
,?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
NO. 08-1731
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
COMMERCE BANK
Garnishee
PRAECIPE TO
DISCONTINUE WITHOUT
PREJUDICE AS TO
GARNISHEE ONLY
Filed on behalf of:
BENEFICIAL CONSUMER
DISCOUNT CO.
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_170 Prcp Disc w/o Prjdc P&F File No. 07-28305
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
COMMERCE BANK
Garnishee
NO. 08-1731
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE ONLY
TO: Prothonotary
Please discontinue the matter captioned above without prejudice as to Garnishee only.
Thank you.
A.P.C.
Date: November 26, 2008
Sworn to and subscribed before me this
day of IVOV- , 20C
Notary Puf5licV
COMMONW &TM OW P ENNBYLVANIA
Notarial Seal
Carglyn J. S* wrt, Notary Pubic
Cameos Elm. AMaoNwiy Canty
W C.omrrrbNOn EOse; Aug. 14, 2011
Member. Pennsylvania Association of Notaries
r Fie, rris, Esquire
1 Street
a 15106
(412) 429-7675
PA_l 70 Prcp Disc w/o Pr do P&F File No. 07-28305
I, GREGG MORRIS, attorney for Plaintiff, BENEFICIAL CONSUMER DISCOUNT
CO. , hereby certify that a true and correct copy of foregoing document was served this date by
ordinary mail upon the following:
COMMERCE BANK
9000 ATRIUM WAY
MOUNT LAUREL, NJ 08054
Date: November 26, 2008
rir gg L. orris, Esquire
P en e & Felix, A.P.C.
21 WE Main Street
Carnegie, PA 15106
(412) 429-7675
PA_170 Prcp Disc w/o Prjdc P&F File No. 07-28305
V ?J
Q
C
C
p,,d
d
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.71
Advertising
Law Library .50
Prothonotary 2.00
Mileage 5.00
Surcharge 30.00
Levy 20.00
Postpone Sale
Certified Mail
Postage .88
Garnishee 9.00
87.09 / s?/ X109
i_, ..
Advance Costs: 200.00
Sheriff's Costs: 87.09
112.91
Refunded on 05/18/09
So Answers,
R. Thom+Kline, Sher
Sharon R. Lantz
L 0 :Z d 91 1?0 QQQl
? ,, ?d "1?1Nn0a .?r?i? 33i83HS 3H! 30 301jj0
CA -
?? ?, cue, G j 3 B?
l'? ?. a L
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-1731 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BENEFICIAL CONSUMER DISCOUNT CO.,
Plaintiff (s)
From GERALD R. BROUGHTON, 226 Erford Road, Camp Hill, PA 17011
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
COMMERCE BANK, 1249 Market Street, Lemoyne PA 17043
Levy on bank account of Gerald R. Broughton only.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $17,719.34
Interest - $153.07
Atty's Comm %
Atty Paid $198.50
Plaintiff Paid
Date: 9/26/08
L.L. $.50
Due Prothy $2.00
Other Costs
2-
Cugfis-l Long
(Seal)
By:
Deputy
REQUESTING PARTY:
Name GREGG L. MORRIS, ESQUIRE
Address: PATENAUDE & FELIX, APC
213 E. MAIN STREET
CARNEGIE, PA 15106
Attorney for: PLAINTIFF
Telephone: 412-429-7675
Supreme Court ID No. 69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
NO. 08-1731
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
Defendant(s)
PRAECIPE TO
REINSTATE
COMPLAINT
Filed on behalf o£
BENEFICIAL CONSUMER
DISCOUNT CO.
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_l59 Prcp to Reinst Cmplt P&F File No. 07-28305
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL CONSUMER DISCOUNT CO.
Plaintiff
V.
GERALD R BROUGHTON and JESSICA M
BROUGHTON
NO. 08-1731
Defendant(s) )
PRAECIPE TO REINSTATE COMPLAINT
TO: Prothonotary
Please reinstate Complaint in Civil Action on behalf of Plaintiff, BENEFICIAL
you.
CONSUMER DISCOUNT CO. and against Defendant(s), above named. 4t:
Respectfully sub Patenaud
e & F C.
Date: June 24, 2009
Gregg L. o s, Esquire
213 E. ain treet
Carne ie, P 15106
(Z;;29/7675
PA_159 Prcp to Reinst Cmplt
P&F File No. 07-28305
FILE?:7-: 'ri'uc
TARY
OF THEE PF-D (. .
2099 JUL -b Phi 2: 2
rci INIS ELI,?% ;NA
2--t7i
A?* ? ?. 7 6,3
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
FILE)
20 ? ? 17 4 Q: r 2
Beneficial Consumer Discount Co.
vs.
Jessica M. Broughton
Case Number
2008-1731
SHERIFF'S RETURN OF SERVICE
08/05/2009 05:28 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Jessica M. Broughton, but was unable tc
locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the
defendant Jessica M. Broughton. After several attempts the complaint has expired.
SHERIFF COST: $104.50 SO ANSWERS,
t. _
August 13, 2009 ?' R THOMAS KLINE, SHERIFF