HomeMy WebLinkAbout08-2074q
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL
V.
Plaintiff
Defendant(s)
NO. 08- o Dqq bii 1 -Terlk
COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
BENEFICIAL
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
LARRY B MASSEY
PF_PA_l 1 Cmph Cvr Sht
P&F File No. 07-30893
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL
Plaintiff
V.
LARRY B MASSEY
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 cone. 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) dial despues de la notificacion de esta Demanda 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 0 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 OFICFNA LE
PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0
BAJO COSO A PERSONAS QUE CALIFICAN.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
PA-2 I Notice to Defend P&F File No. 07-30893
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL
Plaintiff
V.
LARRY B MASSEY
Defendant(s)
COMPLAINT IN CIVIL ACTION
NO. N- ,20 7y
AND NOW, comes Plaintiff, BENEFICIAL, 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 , 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 LARRY B MASSEY, an adult individual, believed to currently
reside at 199 CRAIN DRIVE CARLISLE, PENNSYLVANIA 17013.
3. Heretofore, the Defendant(s) opened an account with Plaintiff being Account No.
71330313135894. A copy of the Account Agreement is attached hereto as Plaintiffs Exhibit "A"
and is incorporated herein by reference.
4. 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
PA-05A Civil Cmplt Crdt Line P&F File No. 07-30893
due and payable in the sum of $10,253.71 as of , plus interest at 24.00 % and cost.
5. Plaintiff maintains accurate books of account recording all credits and debits for
this account.
6. 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.
7. 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 $10,253.71 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
8. The averments of paragraphs 1 through 7 are incorporated herein by reference as
if the same were set forth herein at length.
9. Defendant completed an Application for Credit and the Agreement is attached
hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference.
10. Defendant is in default for failing to make payments as due.
11. The terms of the Contract provided that Defendant will pay Plaintiffs reasonable
attorney's fees.
12. Plaintiff avers that counsel for Plaintiff is not a salaries employee of Plaintiff and
that such attorney's fees will amount to $2,000.00.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in
PA 05A Civil Cmplt Crdt Line P&F File No. 07-30893
the amountof $10,253.71 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 $2,000.00 plus
costs.
Respectful
& Felix, A.P.C.
Date:
r g L. Morris, Esquire
21 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA 05A Civil Cmplt Crdt Line P&F File No. 07-30893
Personal Credit Line Account Agreement
{Page 1 of 3)
l.t\'Ulit (called "«re", "Us", "Our")
HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY
25 GATEWAY DRIVE
GATEWAY SOUAREISUITE 107
MECHANICSBURG PA 17055
BORROWERS (called "You", "four")
MASSEY, LARRY B
199 CRAIN ORIVF
CARLISLE PA 17013
OM PORTION OF AYERAGE DAILY BALANCE PERIODIC RATE I
,01 AN0 OVER 1.875 % "
LOAN \t0. 113303-13-135894
In this Agreement, "you", "your" and "Borrower" mean the customer(s) who signs this Agreement. "We", "us" and "our" rcfcr to
Lender. This Agreement ewers the terms and conditions of your Personal Credit Line Account. We went 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 bo 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 Lino 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.
RI?QL IRGI) INSUP AN-CF, You may obtain any required insurance from anyone you ehwose. You must nbtain 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 BILUNG
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Personal Credit Line Account Agreement (Page 2 of 31
AVAILABLE CREDIT. You may obtain funds directly from us or through
your special checks up to your available credit. Each check must be
written for a least $100. Your available credit limit is your credit limit
(shown on page one) lass the total unpaid balance, Including Finance
Charges, of your Account. If you make tow payments by check, we will
adjust your available credit adverb clays after we receive your check to
allow for check clearing. If you request funds In an amount that would
cause you to exceed your available credit, we are not obligated to honor
yew request. If we do lend you an amount over your available credit, you
agree to pay us that excess amount, plus Finance Charges, immediately.
PROMISE TO PAY. You promise to pay Lender: W amount borrowed
under this Agreement; (b) Finance Charges, Administrative Charges line
late charge and bad check charge), and other charges provided in this
Agreement; (c) credit Insurance charges, If any; 1d collection costs
permitted by applicable law. Including reasonable attorneys' fees lit the
attorney is not our salaried employee); and le) amounts in excess of
your credit limit that we may lend you, plus Finance Charges.
PAYMENT. You may repay your entire outstanding balance at any time
without penalty. You may not use yaw special checks to ply any
amounts due under this Agreement. Because the Finance Charge is
computed each day, you will contact us regarding the exact payoff
amount for the day you intend to make full payment.
If you do not pay the antlra unpaid balance on your Account at once,
you agree to pay at least the minimum payment shown on your monthly
statement. Payments will be applied as follows: First to any accrued
but unpaid Finance Charges; Second, to any unpaid Administrative
charges Ithe late charge and bad check charge); Third, to any unpaid
credit insurance charges; and Fourth, to the unpaid outstanding balance
of your Account. Any part of your monthly payment to be applied to
amounts borrowed on your Account will be applied to trip amounts
borrowed under your Personal credit Lima Account in the order in
which the amounts were borrowed. Any pert at your monthly payment
to be applied to Finance Charges will be applied in the same manner.
MINIMUM MONTHLY PAYMENT. The Minimum Monthly Payment for any
billing cycle will be the greater of (1) the greater of $25 or the
variable Payment Amount (as described belaw) plus any Adnlnistralive
Charges and credit insurance charges, rounded to the nearest il; or (2)
the Finance Charges due for the billing cycle plus any Adminslrallve
Charges and credit Insurance charges; or 131 the amount of the Annual
Fee assessed to yew Account. In aaah Instance the Minimum Monthly
Payment will be adjusted to include a" unpaid amounts due from
previous billing cycles.
The Variable Payment Amount depends on the monthly periodic rule
then applicable to your Account, and is calculated as follows:
Yaalbfy Periodic Rate Variable Payout Attempt
through 1,33%
over 1.33% through 1.45%
over 1.45% through 1,57%
over 1.57% through 1.70%
over 1.70% through 1.83%
over 1.83% through 1.95%
over 1.95%
1.43% of Account Balance
1.55% of Account Balance
1.87% of Account Balance
1,80% of Account Balance
1.93% of Account Balance
2.00% of Account Balance
2,15% of Account Balance
FINANCE CHARGE. The Finance Charge is the Internal charged on the
balance of your Account during each billing cycle. The Finance Charge Is
calculated from the date that each advance, check or charge Is posted to
your Account. The Finance Charge ie computed by multiplying the average
daily balance in your Account in each billing cycle times the monthly
pariodlc rote. The average daily balance Is determined by totatino all
daily unpaid balances In each billing cycle and dividing the total by the
number of days In that cycle (but not less then 30). A daily unpaid balance
is the amount owed each day, excluding any unpaid Finance Charge,
Administrative Charges, and credit insurance charges for prior billing
cycles.
VARIABLE RATE.You agree then the monthly periodic role used in
determining your Finance Charge will be a variable rate which may
change from month to month. The monthly periodic rate will be
one twelfth of the sum of the Prime Rate Plus the number of
percentage points as stated in the 'Margin" box on page one. Thor
Prime Rate applicable to any billing cycle will be the, prime rate
published in "The Wall Street Journal", a business newspaper, on the
first publication day of the month in which the billing period begins. It
a range of rates is published, we will use the highest of the rates in
the range. When a change in the prince Rote Is published, a change In
the monthly periodic rate will lake effect on the first day of the first
complete billing cycle following the date of the published change. The
now rate will apply to new Ivan$ and charges, and to the existing
balance of yew account.
The initial monthly periodic rate on your Account is shown on page
one. The monthly periodic rate will not exceed that permitted by
applicable law. If circumstances such as 'a change in the low, any court
ruling or discontinued publication of the index do not permit us to
continue use of this variable rate index, we will change the index
according to the procedure our out below in "Terminatlon and Changes
in the Agrearnent." An increase in the Prime Rata may increase the
Annual Percentage Rate Icorresponding to the monthly periodic rate) and
one minimum payment on your account.
ANNUAL FEE. You agree to pay an Annual Fee as stated on page one for
participation In this revolving credit plan. The Initial Annual Fee is stated
on paVe one and is due end payable on the date that your Account is
established, and the subsequent Annual Fee stated on page one is due and
payable on the some day of each subsequent year. You agree that this toe
may be charged to your Account balance.
BAD CHECK CHARGE. If you pay by a check which is returned for any
reason, you will pay a bad check charge of i20.
LATE: CHARGE. If YOU do not pay any required Minimum Monthly Payment
within 1S days after it is due, you agree to pay a late thwart of 10% of the
Minimum Monthly Payment due or $20, whichever Is greater (excluding any
unpaid late charges and amounts due from prior billing cycles).
OTHER CHARGES. You also agree to pay any amounts actually Incurred by
Lender for services rendered In connection with the Personal Credit Line
Account for fees paid to public officials in connection with recording,
releasing or satisfying a security interest in the security. You agree that
these fees may be charged to your Accotmt balance.
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 any 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 share any information regarding your Account with any of
our ¦ffWated corporations, subsidiaries or other third parties. You way
prohibit the sharing of such Isfarmatiao (antapt fa toe abering of
reformatted about l easectlsss or saperledces between as and yea) by seNlat
e written rsgsest which cattails year fall 164106, Social Sscsrity Nombef sae
Address to is at P.O. tax 1547, Clesapeslt, VA 13320.
If you fail to fulfill the terms of your credit obligation. A negative report
reflecting on your credit record may be submitted to a Credit Reporting
Agency. You agree that the Department of Motor Vehicles for yew
state's equivalent of such department) may release your residents address
to us, should it become necessary to locate you. You agree that our
supervisory personnel may listen to telephone calls between you and our
representatives in order to evaluate the quality of our service to you.
TERMINATION ANN CHANGES IN THE AGREEMENT. We cos clangs the terms of ON
Ayraawu4 locldhq Increasing year Miafinew Monthly Payment and Increasing
the earafnl rata of Flounce C?srgn, delay as aanaat fee and/or runs If
permitted by applicable taw, at change the Yerle?le late fsaao, at may time.
Prier written antics will be provided is yse when ra9siwf by applicable law
"glass Iraq coolest to the t?o lle before that 11=15. Chosen may apply is bath
now and selatslflog balsam unless prohibited or applicable law. However,
larmination of your Credit limit will occur only as provided in the "Default
and Cancellation of Agreement" pa?agrapfa Balances outstanding under this
Agreeemnt when the credit limit is reduced or terminated will continue to
accrue interest at the variable contract rate until paid in full.
DEFAULT AND CANCELLATION OF AGREEMENT. We have the right to require
you to pay your entire balance plus all other accrued but unpaid charges
immediately and to cancel your credit privileges under this Agreement
because of W failure to make any payment In full when it is due under this
Agreement; Ill) frequent overdrawing of your fine of credit; fc) failure to
supply us with any Information requested; (d) supplying us with misleading,
false, Incomplete or incorrect information; Ie) breaking any of the promises,
terms or conditions that are contained in this Agreement; if) the filing of a
bankruptcy petition by or against you; (9) the death of any burrower who
signs this Agreement. After default, you will pay our court costs, reasonable
attorney leas lit attorney Is not our salaried employee), and other collection
costs related to the default, if not prohibited by applicable law. You may be
awarded reasonable attorney's fees if you prevail In an action against us. In
the event your credit privilege is cancelled, we hew the right Io convert
your Account to a fixed into of interest which shall he no higher than the
variable, contract rate in effect at the time of conversion,
TOWN MILLING RIGHTS. KEEP THIS NOTICE FOR FUTORE USE, This notice
contains Important Information about your rights and Lender's
responsibilities under the Fair Credit Billing Act.
Notify Lednr Is tau of Errors or Reastiass Abeet Vast Mill: If you think your
bill is wrong, or if you need more information about ¦ transaction on your
bill, write Lender on a separate shoot at the address listed on your bill alter
the words; "Send your billing error notice to_ (Lender's name and address)."
Write to Lerner as soon as possible. Lender must hew from you no later
than 80 days after Lander sent you the first bill an which the error or
problem appeared. You can telephone Lander, but doing so will not preserve
your rights. In your IwitaT, ive Lender the following information: a Your
name and account number The dollar amount of the suspected error e
Describe the error and explain, if you can, why you believe there Is an error.
If you need more Information, describe the item you are not sure about.
Ivor Rlblds eda Lender's lospossibilltles After leader Receives Year Written
Notice. Lender must acknowledge your letter within 30 days, unless Lender
has corrected the error by then. Within 00 days, Lender must either
correct the error or explain why Lender believes the bill was correct.
NOTICE; SEE THE FOLLOWING PAGE FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING
ERRORS. `m ! m n?I n?
03-01-00 PA05li672
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ak1552E2C71M99RLA9000PAOS56720"'WASSEY " ORIGINAL
Personal Credit Line Account Agreement (Page 3 of 3)
After Lender receives year letter, Lander cannot try to collect any amount you question, or report you ae delinquent. Lender can continue to bill you for the
amount you question, including finance charges, end Lender can apply any unpaid amount against row credit limit. You do not have to pay any questioned
amount while lender is investigating, but you era still obligated to pay the parts of your bill that are not in question.
If Lender finds that Lender made a mistake an your bill, you will not have to pay any finance charges related 19 any questioned amount. If Lender did
not make a mistake, you may have to pay finance the, gas, 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 emounl you owe and the data that it Is due.
If you fail to pay the amount drat Lender thinks you owe. Lander may report you as 4011retluNt?Ho?we.ny? Lends explanation doeestno at sfy you
and yov writo to Lander within tan days telling tender that you still refuse to pay, Lender question about your bill, And Lander must. tell you the name of anyone Lander reported you to. Lander most loll anyone Lender reports you to that the
matter has bean settled between us when it finally is.
If Lender doesn't follow these rules. Lender can't collect the first $50 of the questioned ernount, even If you 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 are incorporated into this Agreement by reference.
APPLICABLE LAW. The terms end conditions of this Agreement will be governed by the provisions of the Pennsylvania Consumer Discount Company
Act, Chapter 7, Sections 6701 through 6221, Purdon's Pennsylvania Statutes Annotated, particularly Section 6217.1.
Before signing this Agreement, you have read and received this Agreement and the Federal Truth-in-Lending disclosures
contained on it.
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 Loan Act and applicable Federal few.
(SHAL)
it
(SEAL)
Customer Signature
Date_
Wit nest:
(SF's A 1.)
(SEAL)
173-D1-00 PA056873
RL VR NRE
11111111111111111M M1
rIa552E2C71M99RLA90DOPA056673DXWAASSEY " ORIGINAL
CRI:''DITOR
{Page ! or 1)
LOAN CLOSING s"rATEME\?
REVOLVING I.OA,NI VOUCHER
HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY
25 GATEWAY DRIVE
GATEWAY SOUAREISUITE 101
MECHANICSBURG PA 11055
BORROWERS
MASSEY, LARRY B
199 CRAIN DRIVE
CARLISLE PA 17013
LOAM Na. 713303-13-135884
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 or the actual amount and a corresponding
change to the Advance shown below. Borrowers agree that this Advance is made under Borrowers Revolving Loan
Agreement: (amount number shown above.)
Initial Annual Fee ............................................................3 50.00
CASH OR CHECK TO BORROWER .....................................................5 8960.00
TOTAL ADVANCE(S)....... .......... ..........................................s 10000.00
ABROWI-,RS:
30-
08-26-04
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RL Voucher 111111 mill *M552E2C?IM99RLY90DOPA1379210xm WSSEY M 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 JAMS/Endispute
("JAMS"). The arbitrator shall be a lawyer with more than ten years experience or a retired or former
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 6W56.
Any participatory arbitration hearing that you attend will take place in the city nearest to your residence
where a federal district court is located or at such other location as agreed by the parties.
If Lender files a Claim, Lender shall pay all the filing 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) 9 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, except as 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 it
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 shall 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 arty court having jurisdiction. All statutes of
limitations that would otherwise be applicable shalt apply to any arbitration proceeding.
08/1712005 09:50 Page 1 of 3
0111LE06
Iliollimilqm1111111111111111loll limillil 11110111
M552E2C71 M - 99 - xAR - 9 - 000 - 0111 LE - Z - 1-011 MASSEY " 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 consideration 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 and 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 shalt 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 arbitration rules of, or file a Claim with AAA, NAF or JAMS as follows:
American Arbitration Association
335 Madison Avenue
New York, NY 10017
www.adr.orQ
Arbitration Rules for Consumer
Related Disputes (claims under
$10,000).
Arbitration Rules (all other claims).
08/17/2005 09:50
National Arbitration Forum (NAF)
P.O. Box 50191
Minneapolis, MN 55405
www.arkhrum,oro
Code of Procedure
Page 2of3
JAMS/Endispute
55513th street NW
Suite 400 West
Washington, DC 20004
wwwJgrnsadr.com
Financial Services
Arbitration Rules and Procedures
0111LE06
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ARBITRATION RIDER
United States
Print Name
HOUSEHOLD F E CONSUMER DISCOUNT COMPANY
By: I Date:
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Date:
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:
P tenaude & Felix, A.P.C.
2Y3 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA_01 Atty Verification P&F File No. 07-30893
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02074 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BENEFICIAL
VS
MASSEY LARRY B
MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
AIt -A C'C'PV T 7T0 DV D the
DEFENDANT
at 1247:00 HOURS, on the 9th day of April , 2008
at 199 CRAIN DRIVE
CARLISLE, PA 17013
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 5.00
Affidavit 00
Surcharge 10.00
.00
L1106F 4- V 33.00
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
04/10/2008
PATENAUDE & FELI?
By : ?^\
83 her f f --?
i ep y
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL
Plaintiff
NO. 08-2074
V.
LARRY B MASSEY
Defendant(s)
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf of:
BENEFICIAL
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. 07-30893
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL
Plaintiff
V.
LARRY B MASSEY
Defendant(s)
Greg L. Morris, Esquire
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a judgment against the defendant, above named, for failure to file an Answer
to Plaintiffs complaint.
Amount claimed in Complaint $10,253.71
Interest from $2,498.59
Less payments received $0.00
Attorney's fees $2,000.00
TOTAL $14,752.30
With continuing interest on the principal amount of $14,752.30, 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:
Date: June 20, 2008
NO. 08-2074
& Felix, A.P.C.
PA_119 Prep Def Jg Both P&F File No. 07-30893
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL
Plaintiff
V.
LARRY B MASSEY
Defendant(s)
NO. 08-2074
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037(b)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
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), LARRY B
MASSEY, 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:
Date: June 20, 2008
Sworn to and
,Oq day of
Notary
before me this
20?.
COMMONWEALTH F P NNBY VANIA
NOWW &W
Cardyn J. Sbmt, Notary Pulft
Cantegie Sm. Alegheny County
My Commbsion EVkw A 414, 2011
Member, Pennsylvania Association of Notaries
Pate0aude & Felix, A.P.C.
Gregg L. Morris, Esquire
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA 120 Aff of Non Mil P&F File No. 07-30893
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL
Plaintiff ) NO. 08-2074
V. )
LARRY B MASSEY )
Defendant(s) )
IMPORTANT NOTICE
Filed on behalf of:
BENEFICIAL
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 111 10 Day Dl P&F File No. 07-30893
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL .
Plaintiff
V.
LARRY B MASSEY
Defendant(s)
To: Larry B Massey
199 Crain Drive
Carlisle PA 17013
Date of Notice: April 30, 2008
Keith D. Armond, Esq.
11 E Market St #3
York, PA 17401
NO. 08-2074
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
Respectfully submitted:
& Felix, A.P.C.
Date:
'gdggjt. Morris, Esquire
Main Street
Carnegie, PA 15106
(412) 429-7675
PA_l 11 10 Day Dl P&F File No. 07-30893
I, GREGG MORRIS, attorney for Plaintiff, BENEFICIAL , hereby certify that a true and correct
copy of foregoing document was served this date by ordinary mail upon the following:
Larry B Massey
199 Crain Drive
Carlisle PA 17013
Date:
Keith D. Armond, Esq.
11 E Market St #3
York, PA 17401
Gregg orris, Esquire
Paten de & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
PA-1 l 1 10 Day Dl P&F File No. 07-30893
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
V.
BENEFICIAL
LARRY B MASSEY
Defendant(s)
NO. 08-2074
NOTICE OF ORDER, DECREE
OR JUDGMENT
Filed on behalf of:
BENEFICIAL
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- 123 Ntc Jgmt Both
P&F File No. 07-30893
fr
Cj)
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
BENEFICIAL
Plaintiff
V.
LARRY B MASSEY
Defendant(s)
NO. 08-2074
NOTICE OF ORDER, DECREE OR JUDGMENT
AGAINST LARRY B MASSEY 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 3D 1?Ci
( ) 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 $14,752.30, 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 Tra714t atio
hono
By
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. 07-30893