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Home My WebLink About04-0751IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. KIMBERLY M. HURLEY a.k.a. K1MBERLY M. CALAMAN, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 1231 Claremont Road Carlisle, PA 17013 CIVIL DIVISION No. ow - 7r/ TYPE OF PLEADING: Complaint TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA 1D NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. Plaintiff, KIMBERLY M. HURLEY a.k.a. KIMBERLY M. CALAMAN, Defendant. CIVIL DIVISION No. C)q ' '7 '1 COMPLAINT AND NOW COMES, the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof: 1. BENEFICIAL CONSUMER DISCOUNT COMPANY is a Corporation, duly author/zed to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff". 2. KIMBERLY M. HURLEY a.k.a. KIMBERLY M. CALAMAN is an adult individual residing at 1231 Claremont Road, Carlisle, PA 17013. 3. On or about March 28, 2000, Defendant entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Pursuant to the Loan Agreement with Defendant, Plaintiff advanced funds to the 5. Defendant is in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about April 30, 2003. 6. Pursuant to the terms of the Loan Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, and owing by the Defendant is in the sum of Five Thousand and Three Hundred and Eighty-eight and 82/100 ($5,388.82) Dollars as of January 6, 2004. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Five Thousand and Three Hundred and Eighty-eight and 82/100 ($5,388.82) Dollars, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC CATHY ANN CHROMULAK~ ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Vs. Plaintiff, CIV1LDIVISION No. KIMBERLY M. HURLEY a.k.a. KIMBERLY M, CALAMAN 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-990-9108 THISISAN ATTEMPT TO COLLECTADEBTANDANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 0 0 0 I.n 0 ~ 0 ."k 00~ L 6' !~ F.;. ~ CJAd~ess A~, Ns. ~ r"~W State Z~p 'FEDERAL RESERVE~RANK REGULATIONS CC '~1~ Ti~e front of this document has a co 0red Security Screen lB ~ ~J Absence of this f&ature may indicate alteration. PROMISSORY NOTE AND DISCLOSURES CREDITOR (railed .,"We", "us", "our"): Beneficial Consumer Discount Comoanv. Inc BORROWER (Called "You", "Your"): Sample A. Sample 123 Main St. Anytown, PA 12345 · ANN[iAI_ PERCFNTAGE ° FINANCE CHARGF Amount Financed Total of Payments Date RATE The dollar amounl the credil The amount of credit The amounl you will have of The coal of your credit as a will cos{ you. provided lo you or on paid after you have made all Loan your behalf, paymen[$ as scheduled yeedy rate. 27. t97% $it.,201.87 'e' $5,00s-aa $9,20a.8o 'e' May 1, 2000 Your Paymenf schedule will be: Number of Payments Amount o1' Paymenls $'t 53.4a When Paymenls Are Due: Mo~nthly, beginnin~ on the Payrnenl Due Date shown on [he firsl Billing Statement, PROMISE TO PAY. By signing the attached check, you agree to the terms of this Promisso~' Note and Disclosure and promi~e to pay us the Total of Payments (the sum of Finance Charge pies the Amount Financed) in monthly payments as stated above. Finance Charge includes a nonrefundabio fee of $1 $0.0~ and interest which has been celcuiol in advance at the Contract Rate of 25.698% par year on the scheduled unpaid balances on the assumptions the payments are made on time. CREDIT INQUIRY. By endorsing lbo attached check, you authorized us to make periodic inquiries about )'ou from any credit reporting agency or third party for tho purpose of considering you for future credit offers. DATE ON WNICH FINANCE CHARGES BEGIN. PAYMENT DATES, This loan will be consummated on the dale you cash the check for the ioen proceeds which you received with this Promisees/Note and Disclosures. Finance Charges will begin on the date the check is cashed. PREPAYMENT. tt you ~uly pay before the final payment duo date, the amount you owe will be reduced by unearned Finance Charges (but not the Service Charge) determined by the Rule of 78tim, LATE CHA~GE. If you iton'l pay any payment in 10 days after it's true, you will also pay 1-112% par month on the amount overdue (subject to a SI,00 minimum charge), BAD CHECK CHARGE. We will charge you a fee of $20 [~ any payment check is returned because of insuff'~cisol funds or is othe~vise dishonored. You agree that we may deduct this charge from a monthly payment. FAILURE TO PAY, If you don't pay any payment on time fa) aa your payments may become due at once and without notifying you before bringing suit, we may sue for the total amount you owe less any unearned Finance Charges you would receive if you fully prepaid, and (b) you will also pay our reasonable attorney tees. if the attorney ic not our salahed employee, for legal proceedings to c~lect this loan or realize on security. ALTERNATIVE DISPUTE RESOLUTION. Te~s of the Atb~ration Provision is provided with this Promisso,'y Note and Disclosure is incorporated herein by ret'atonce. EXCHANGE OF INFORMATION. We may share information about you (including but not limited to Insurance information and information obta,~ed from credit redodJng agencies: among persons related to us by common ownership or affiliated corporate control end with companies doing business with us. You may prohibit that sharing ef such CREDIT REPORTING. tf you fail to fulf-a the terms of your credfl obligation, a negative report reflecting on your credit record may be submitted to a credit reporting agency. You may notify us at P.O. Box 8602, Elmhurst, IL 60126 il' you betievo we have reported inaccurate informaticn regarding your accouol to ~ credit reporting agency. ITEMIZATION OF AMOUNT FINANCED. The entire Amount Financed (shown above) will be given directly to you. egg999-PA-g29-110199 I, A~gela Davis, Sr. Cleric for ~ENEFICIAL CONSUMER DISCOUNT COMPANY, A HOUSEHOLD INTEILNATIONAL COMPAI~Y. vert~ that 11~ facts s~ forth In tho foregoing Complain~ ar~ tm& and cor~ot to th~ best of my knowledge, inf~rrnation and b~lir, f, nnd lhst I am authorized t~ wri~y ~uoh Complaint on b~h~lf of HOUSEHOLD I und~rsmmt that fal~ sJat~m~n~s h~r~in ar~ mnd~ subjoct to th~ penalties of 18 Pa. C.$. 4904 reMing lo u~w~om falsifleillon t~ authorities. Angola Davis D~i: FEBRUARY 17. 2004 ~TnT~ pVP4:.t:~*~ SHERIFF'S RETURN - CASE NO: 2004-00751 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS HURLEY KIMBERLY M AKA KIMBERLY REGULAR CPL. TIMOTHY REITZ Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE HURLEY KIMBERLY M AKA KIMBERLY M CALAMAN DEFENDANT , at 1956:00 HOURS, on the at 1231 CLAREMONT ROAD CARLISLE, PA 17013 DAVID CALAMAN, HUSBAND a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2nd day of March , 2004 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service 3.45 . Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.45 03/03/2004 CHROMUL~K & ASSOC Sworn and Subscribed to before me this ~ ~ day of ~ ~ A.D. / I Prothonotary By: y Sher/f f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. KIMBERLY M. HURLEY a.k.a. KIMBERLY M. CALAMAN, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION No. 04-751 CIVIL TERM TYPE OF PLEADING: Praecipe to Settle and Discontinue TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 THISIS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL SE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. KIMBERLY M. HURLEY a.k.a. KIMBERLY M. CALAMAN, Defendant. CIVIL DIVISION No. 04-751 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE TO: The Prothonotary: Please settle and discontinue the above-captioned action and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. CATHY ANN CH;ROMULAK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQUIRE PA ID NO. 89570 Sworn to and subscribed Before me this oTq c~ day o~- _,2004. (~Notary Public Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 151317 r 'THIS IS AN ATTEMPT TO J I~OLLECT A DEBT AND ANY J INFORMATION OBTAINED WILL ..... ! BE USED FOR THAT PURPOSE. C~ERTIFICATE OF SERVICE I, Scott E. Crawford, Esquire, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe to Settle and Discontinue was served upon the following by First Class Mail, postage prepaid on this ~day of March, 2004. ~'ll1~ KIMBERLY M. HURLEY a.k.a. KIMBERLY M. CALAMAN 1231 CLAREMONT ROAD CARLISLE, PA 1'7013 E. Crawford, Esq. Dated: 3~1S IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL