Loading...
HomeMy WebLinkAbout09-1229IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, Plaintiff, CIVIL DIVISION Vs. No. Civil! -ft No. aQ - raa9 Kimberly J. Wells, 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 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 Household Finance Consumer Discount Company, CIVIL DIVISION No. Plaintiff, VS. Kimberly J. Wells, Defendant. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendant's Address: 21 Country View Estates Newville, PA 17241 TYPE OF PLEADING: Complaint TYPE OF CASE: Civil Action FILED ON BEHALF OF: Household Finance Consumer Discount Company COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 ,.-"'BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4' Floor Canonsburg, PA 15317 (724) 916-2400 THIS 13 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 Household Finance Consumer Discount Company, Plaintiff, vs. Kimberly J. Wells, CIVIL DIVISION No. 4 9- / 2 2 4 C ,j Defendant. COMPLAINT AND NOW COMES, the Plaintiff, Household Finance Consumer Discount Company, by its Attorneys, Chromulak & Associates, LLC, with its Civil Action Complaint, the following of which is a statement thereof. 1. Household Finance Consumer Discount Company is a Corporation, duly authorized to conduct business in the Commonwealth of Pennsylvania, with its principal office situated at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff." 2. Kimberly J. Wells is an adult individual residing at 21 Country View Estates, Newville, PA 17241, hereinafter referred to as "Defendant." 3. On or about August 14, 2003, the Defendant entered into a written Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Loan Agreement with Defendant, Plaintiff advanced funds to the Defendant. THIS Is AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendant is in default under the terms and conditions of the aforementioned Loan Agreement for failing to make payments when due, with the last payment having been made on or about November 18, 2008. 6. Pursuant to the terms of the Loan Agreement, Plaintiff has the right to require payment of the entire amount owed upon default. The total amount due, including principal and interest, and owing by the Defendant is in the sum of Eight Thousand Six Hundred Nineteen and 91/100 Dollars ($8,619.91) as of January 7, 2009. 7. Numerous demands have been made upon Defendant by Plaintiff, but Defendant has failed or refused to pay. 8. Pursuant to the Loan Agreement, Plaintiff is entitled to recover the entire indebtedness, including without limitation, principal, accrued interest, costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Eight Thousand Six Hundred Nineteen and 91/100 Dollars ($8,619.91), with interest thereon at the rate of 24% from January 8, 2009, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO. 205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 Attorneys for Plaintiff 375 Southpointe Boulevard 4" Floor Canonsburg, PA 15317 THIS Is AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 1 of 4) LENDER (called "We", *Us", "Our") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SQUARE/SUITE 107 MECHANICSBURG PA 11055 BORROWERS (called "You", "Your") LOAN NO: 6995 WELLS, KIMBERLY J SS# 9946 21 COUNTRY VIEW EST NEWVILLE PA 17241 Your Credit Line Account 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. REQUIRED INSURANCE. You must obtain insurance for term of loan covering security for this loan agreement 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." You may obtain any required insurance from anyone you choose. NOTICE SEE THE RO (UM-NG PAGES FOR ADDITIONAL PROV IONS AND IkIPK1RT MC 1FORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING 0 1 ? EXHIBIT PA066361 F NNE +'It33931866092M A9000PAOS6361 h h y ORIGINAL 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. PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 2 of 4) Available Credit: You may obtain funds directly from us or through your special checks up to your available credit. Each check must BF-wn-tten for at least $100.00. Your available credit is your credit limit (shown on page one) less the total unpaid balance, including Finance Charges, of your Account. If you make loan payments by check, we will adjust your available credit seven days 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 your 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. (a) amounts borrowed under this Agreement; (b) Finance Charges, ml ve arges (the late charge and bad check charge) and other charges provided in this Agreement; (c) credit insurance charges, if any; (d) collection costs permitted by applicable law, including reasonable attorneys' fees; and (e) amounts in excess of your credit limit that we may lend you, plus Finance Charges. Payments: You may repay your entire outstanding balance at any time without penalty. You may not use your special c ec to pay 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 entire 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 (the late charge and bad check charge); Third, to any unpaid credit insurance charges; and Fourth, to the outstanding balance of your Account. Any part of your monthly payment to be applied to amounts borrowed on your Account will be applied to the amounts borrowed under your Personal Credit Line Account in the order in which the amounts were borrowed. Any part of 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 5D or the aymen mount (as described below) plus any Administrative Charges and credit insurance charges, rounded to the nearest $1; or (2) the Finance Charges due for the billing cycle plus any Administrative Charges and credit insurance charges; or (3) the amount of the Annual Fee assessed to your Account. In each instance the Minimum Monthly Payment will be adjusted to include any unpaid amounts due from previous billing cycles. The Payment Amount depends on the monthly periodic rate applicable to your Account, and is calculated as follows: Monthly Periodic Rate over 133% 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% Payment Amount o ccount ance 1.55% of Account Balance 1.67% of Account Balance 1.8096 of Account Balance 1.93% of Account Balance 200% of Account Balance 215% of Account Balance Finance Charges: This is the interest charged on the balance of your Account during each billing cycle. The Finance Charge is cu ated from the date that each advance, check or charge is posted to your Account. The Finance Charge is, computed by multiplying the average daily balance in your Account in each billing cycle times the monthly periodic rate stated on page one. The average daily balance is determined by totaling all daily unpaid balances in each billing cycle and dividing the total by the number of days in that cycle (but not less than thirty). 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. Annual Fee: You agree to pay an Annual Fee as stated on page one for participation in this revolving credit plan. The Initial Fee is stated on page one and is due and payable on the date that your Account is established, and the subsequent Annual Fee stated on page one is due and payable on the same day of each subsequent year. You agree that this fee may be charged to your Account balance. Bad Check Charge: If you pay by a check which is returned for any reason, you agree to pay a bad check charge of SM. Late Charge: If you do not pay any required Minimum Monthly Payment within 15 days after it is due, you agree to pay a late charge 10% of the Minimum Monthly Payment due or $20, whichever is greater (excluding any unpaid late charges and amounts due from prior billing cycles). NOTICE SEE THE FOLLOWING PAGES FOR ADOMONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BIWNG ERRORS. F3 V_00 PA066362 "w33937BBSC98MA9000PA056362ONMTELLS N ORIGIWIL PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 3 of 4) Other Charges: You agree to pay any amounts actually incurred by Lender for services rendered in connection with the Persona it Line Account for fees paid to public officials in connection with perfecting, recording, releasing or satisfying a security interest in the security. You agree that these fees may be charged to your Account 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 affiliated corporations, subsidiaries or other third parties. You may prohibit the sharing of such information (except for the sharing of information about transactions or experiences between us and you) by sending a written request which contains your full name, Social Security Number and Address to us at P.O. Box 1547, Chesapeake, VA 23320. 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 (or your state's equivalent of such department) may release your residence 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 and Changes in the Agreement: We can terminate your right to obtain additional advances or change the terms o is Agreement, s:nc n mg increasing the rate of Finance Charge at any time. Prior written notice will be given to you when required by applicable law unless you consent to the change before that time. Changes may apply to both new and outstanding balances unless prohibited by applicable law. Default and Cancellation of Agreement: We have the right to require you to pay your entire balance plus all other accrued unpaid charges imm a y an to caned your credit privileges under this Agreement because of: (a) failure to make any payments in full when due under this Agreement; (b) frequent overdrawing of your line of credit; (c) failure to supply us with any information requested; (d) supplying us with misleading, false, incomplete or incorrect information; (e) breaking any of the promises, terms or conditions that are contained in this Agreement; (f) the filing of a bankruptcy petition by or against you; (g) the death of any borrower who signs this Agreement; or (h) the sale or transfer of any interest in the property securing this agreement (this includes the creation of a subordinate lien). After default, you will pay our court costs, reasonable attorney fees (if attorney is not our salaried employee), and other collection costs related to the default, if not prohibited by applicable law. Any balance outstanding under this Agreement when the credit limit is terminated will continue to accrue interest at the contract rate until paid in full. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important imformation about your rights and Lender 's responsibilities under the Fair Credit Billing Act. Notify Lender In Cast of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write Lender on a separate sheet at the address listed on your bill after the words: "Send your billing error notice to. (Lender's, name and address)." Write to Lender as soon as possible. Lender must hear from you no later than 60 days after Lender sent you the first bill on which the error or problem appeared. You can telephone Lender, but doing so will not preserve your rights. NOTICE SEE THE FOLLOWING PAGE FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS. f3NRE-00 IMMIMMINEN1 11MI1 PA056363 NW339379a6CSORLA9000PA0S6363i*IVELLS ' " ORIGIFAL PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 4 of 4) In your letter, give Lender the following information: • Your name and account number. • The dollar amount of the suspected error. • 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. Your Rights and Lender's Responsibilities After Lender Receives Your Written Notice Leader must acknowledge your letter within 30 days, unless Lender has corrected the error by then. Within 90 days, Lender must either correct the error or explain why Lender believes the bill was correct. After Lander receives your letter, Lender cannot try to collect any amount you question, or report you as delinquent. Lender can continue to bill you for the amount you question, including finance charges, and Lender can apply any unpaid amount against your credit limit. 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 Lender 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 date that it is due. If you fail to pay the amount that Lender thinks you owe, Lender may report you as delinquent. However, if Lender's explanation does not satisfy you and you write to Lender within ten days telling Lender that you still refuse to pay, Lender must tell anyone Lender reports you to that you have a question about your bill. And, Lander must tell you the name-of anyone Lender reported you to. Lender must tell anyone Lender reports you to that the matter has been settled between us when it finally is. If Leander doesn't follow these rules, Lender can't collect the first S50 of the questioned amount, even if your bill was correct Alternative Dispute Resolution and Other Riders: The terms of the Arbitration Agreement and any other Riders sign as pan o oan on are ineorpora into this Agreement by reference. Applicable Law: The terms and conditions of this Agreement will be governed by the provisions of the Pennsylvania tonsumer Enscount Company Act, Chapter 7, Sections 6211 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 in it. You, the customer(s) signing below, agree to observe the terms and conditions of this Agreement. This Agreement is entered under the applicable provisions of Federal law and the Pennsylvania Consumer Discount Company Act. 1,O- (SEAT.) fist ignature (SEAL) Customer Signature Date: a- !y ~03 Witness: (SEAL) Date: (SEAL) 03-01-00 PA0SS364 RL F NRE "1133937966C96RLA9000PA0S$3640*wKLLS " OR181NAL LOAN CLOSING STATEMENT REVOLVING LOAN VOUCHER CREDITOR HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SOUAREISUITE 107 MECHANICSBURG PA 17055 BORROWERS LOAN NO. 8995 WELLS, KIMBERLY J 21 COUNTRY VIEW EST NEWVILLE PA 17241 Borrowers agree to and direct the disbursements and Advance indicated below. If any estimated amount shown below varies from the actual amount paid, Borrowers agree to the disbursement of the actual amount and a corresponding change to the Advance shown below. Borrowers agree that this Advance is made under Borrowers' Revolving Loan Agreement (account number shown above.) TO: 71330300110142 ................................................ ..........f 6280.75 TO: KIMBERLY J WELLS(FIMC,HOME & AUTO SECURITY) ...............................9 699.95 INITIAL ANNUAL FEE .................................................... ......5 50.00 CASH OR CHECK TO BORROWER .......................... .........................f 889.30 TOTAL ADVANCE(S) ..............................................................9 6800.00 WITNESS BORROWERS: c 97 V 45?/, DATE 09v ?rrr??rrrr? PA137811 M93393?B99C9$RLY9000PA13791100WAELLS ORIGINAL VERIFICATION Carrie A. Radcliff , Recover Specialist for Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities, that the facts set forth in the forgoing Complaint are true and correct to the best of her knowledge, inf oration and belief. Carrie A. Radcliff i. i - Q9 V T V O r? ID u:.a ?i} Sheriffs Office of Cumberland County Thomas Kline 4y, She cp oCuabFEdward LSolic'top Ronny R Anderson Jody S Smith Chief Deputy OFF OF f"e s4GaIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/09/2009 R. Thomas Kline, Sheriff who being duly swom according to law states that he made a diligent search and inquiry for the within named defendant to wit: Kimberly J. Wells, at 21 Country View Estates Newville, Cumberland County, Pennsylvania, but was unable to serve the defedant, service stopped per fax from attorney. SHERIFF COST: $28.00 (PAID) March 16, 2009 2009-1229 HOUSEHOLD FINANCE CONSUMER DISCOUNT CO. VS. KIMBERLY J. WELLS SO ANSWERS, 7 R THOMAS KLINE, SHERIFF cn -o o C7 V W : d3 Cr7 T: 7-T f- ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, Plaintiff, CIVIL DIVISION: No. 09-1229-Civil Term VS. Kimberly J. Wells Defendant(s). Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 TYPE OF PLEADING: Praecipe to Discontinue Without Prejudice TYPE OF CASE: Civil Action FILED ON BEHALF OF: Household Finance Consumer Discount Company COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 TERESA K. FUCHS, ESQ. PA ID NO.205696 JENNIFER M. PALONIS, ESQ. PA ID NO. 205703 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4`h 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. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Household Finance Consumer Discount Company, Plaintiff, VS. Kimberly J. Wells Defendant(s). CIVIL DIVISION: No. 09-1229-Civil Term PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Please discontinue without prejudice the above-captioned action and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: EXN? A?A? CATHY ANN CHROMULAK, ESQ. BETH ARNOLD HOWELL, ESQ. TERESA K. FUCHS, ESQ. JENNIFER M. PALONIS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this 74k- day of(,- , 2009. 4 1 ?_ d &4?- Notary Pu lic COMMONWEALTh Ur PENNSYLVANIA Notarial Seal Heather L. Hatfield, Notary Public Cecil Twp., Washington County My Commission Expires June 29, 2010 Member. Pennsvlvania Aseoclation of Notaries THIS Is AN ATTEMPT TO COLLECT A DENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 CERTIFICATE OF SERVICE I, counsel for Household Finance Consumer Discount Company, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue without Prejudice was served upon the following by First Class Mail, postage prepaid on this 20th day of March 2009. Kimberly J. Wells 21 Country View Estates Newville, PA 17241 bfl?? Cathy Ann Chromulak, Esq. Beth Arnold Howell, Esq. Teresa K. Fuchs, Esq. Jennifer M. Palonis, Esq. THIS Is AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0 wC 0 C- C= -n f ; r ' Fn . ?__. F ?