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Home My WebLink About09-4702HAYT, HAYT & LANDAU, LLC By: Arthur Lashin, Esquire Identification No. 23425 400 Market Street Suite 600 Philadelphia, PA 19106-2513 (215) 928-1400 Attorney for Plaintiff CUMBERLAND COUNTY SET ACCEPTANCE LLC 28405 VAN DYKE AVENUE WARREN, MI 48093 VS. BARBARA A BEASTON 447 N PITT ST CARLISLE PA 17013 CIVIL ACTION "NOTICE 'You have been sued in court. N you wish to defend against the dasm set forth m the forowi V gages, you must take action wdtur twenty M days after this complaint and notice are served, by enh ing a written appearance pemonay or by attorney and MV in vwftV with the court your defenses "objections to the dam* set forth against you You are *mffwd that if you fat to do so the case may proceed without you and a judgmrent may be en- tered agama you by the court without further rKfto for any mon- ey dairned in the complaint or for any other claim or relief requed- ed by the plaintiff. You may lose money"property or other rights important to you. IF YOU CANNOT AFFORD TO HIRE A LAWYER,TffiS OFFICE MAY BE ABLE TO PROVIDE YOU WTTH IWORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE 00000 000-000-0000 COURT OF COMMON PLEAS CIVIL DIVISION No. GQ - TERM. j476; ('« ,C7-e "AVISO 'Le han demardado a uded on la Corte. Si usted quiere defenderse de Oda$ demardes enccpuesfas on las Piginas agumites, usted time veirte (M dies. de plazo al path do la fedu de la demands y In rl Kwad6n. Now left aserrtar urea comrparencia e c rita o on peman o con un abogado y errtregar a la coure on fomna escri to an defensas o sus objectors alas derrandas en contra de su Persom. Sea aviesdo quo si usted no se defiende, la torte tomard medidas y puede continuer la demranda on contra soya sin previo wwo o nolfRcaci6n. Adem3s, la courure puede deddir a favor del demerdante y requiem qua usted c unvia oon [odes be provis-fts de seta demarda. Listed puede perder d"srero o an Propiedades u ob deredros anportantes pars fated. 'LLEVE ESTA DEMANDiA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA Onam CUYA DIREcce6m SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL CIVIL ACTION 1. Plaintiff ASSET ACCEPTANCE LLC is a business entity securing or collecting debts, with offices located at: 28405 VAN DYKE AVENUE, WARREN, MI 48093. 2. Defendant(s) BARBARA A BEASTON is/are individual(s) residing at: 447 N PITT ST, CARLISLE, PA 17013. 3. Upon application by Defendant(s) a Credit/Revolving Charge Account was established for Defendant(s), which was assigned account number 71171500564799; a copy of the account Agreement is attached hereto, made a part of hereof, and marked Plaintiff's Exhibit "A". 4. Defendant(s) subsequently utilized the aforesaid account to make various purchases and/or receieve cash advances, thereby incurring payment obligations to Plaintiff and/or Plaintiff's predecessor in interest under the terms of The Agreement. 5. Defendant(s) defaulted upon The Agreement by failing to adhere to the repayment terms contained therein, and in accordance therewith, the entire remaining balance became due and immediately payable. 6. Plaintiff's predecessor in interest assigned to the Plaintiff all of its right, title and interest in and to its account with Defendant(s) so that Plaintiff is now the owner of said account. 7. As a consequence of the foregoing there is presently due and owing to Plaintiff by Defendant(s) the following amounts: Unpaid Balance: $6,826.07 Interest: $2,103.86 TOTAL DUE: 8. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to pay the aforesaid sum. WHEREFORE, Plaintiff demands that judgment be entered against Defendant(s) in favor of Plaintiff in the amount of $8,929.93 together with interest and costs. HAYZ By: Attorney for Plaintiff LOAN REPAYMENT AND SECURITY AGREEMENT (Pare I of 31 LENDER (called "We". "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 419 VILLAGE DRIVE SUITE 2 CARLISLE PA 17013 BORROWERS (called "You". "Your") BEASTON, BARBARA A SS# BEASTON, CARL E SS# 189342488 447 N PITT ST CARLISLE PA 17013 LOAN NO: 71 1715-584799 You must obtain insurance for term of loan covering security for this loan as indicated below, naming us as Loss Payee. Title insurance on real estate security. Piro and extended coverage insurance on real estate security. Physical damage insurance on vehicle listed under "Security" above if "Y" appears under "Insured". Physical damage insurance on other property listed under "Security" above if "Y" appears under "Insured". You may obtain any required insurance from anyone you choose. (See "Security" paragraph above for description of security to be insured.) 05-01-04 NRE 10it .. PAB75021 "897175EEE094CEA9000PA0750210NNBEASTON r ORIGINAL E)a-HBIT A LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3) i PAYMENT. In return for this loan, you will pay us the Total of Payments (the sum of Finance Charges plus Amount Financed), in monthly payments stated on page one. The Finance Charge is the total of Interest plus Service Charge. You may pay more at any time. You will pay us at our business address as stated on page one or other address given you. If more than one Borrower is named on page one, we may enforce this Agreement against all, or any, Borrowers, but not in a combined amount greater than the amount owed. I DATE ON WHICH FINANCE CHARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is made 4 mail, the date on which the Finance Charge begins is postponed by the number of days from the date of this Agreement to the date of disbursement. Payment due dates and effective date of any optional insurance purchased are also postponed. PAYOUTS. You j agree to pay-outs of Amount Financed as shown on Truth-In-Lending disclosure form. If payouts change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional pay-outs. PREPAYMENT. If you full I Y y pay before final payment due date, the amount you owe will be reduced by unearned Finance i Charge (but not Service Charge) determined by the "Rule of 78ths". MATURITY. After the final payment due date stated on page one you will pay interest at the rate of 18% per year. SECURITY. You agree to give us a security interest in the property identified on page one, which will secure all indebtedness, including future advances under this Agreement. LATE CHARGE. If you don't pay any payment in 10 days after it's due, you will also pay 1 112% per month on the amount overdue (subject to a $1.00 minimum charge). BAD CHECK CHARGE. We will charge you a fee of $20 if any payment check is returned because of insufficient funds or is otherwise 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 or fail to keep any required insurance in force, (a) all 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 fees, if the attorney is not our salaried employee, for legal proceedings to collect this loan or realize on security. 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. INSURANCE. Optional credit insurance and any required insurance disclosures are attached to this Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. 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 Pennsylvania Consumer Discount Company Act (CDCA), Title 7, Purdon's Pennsylvania Statutes, governs this loan. NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 05-01-04 NRE ¦s97175EEE094CEA9000PAS750220"NOEAS70N " ORIGINAL PA675022 F,XMBIT A LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSURES. BORROWERS: (SEAL) (SEAL) ESS: (SEAL) 05-01-04 NRE "897175EEE094CEA9000PAB750230•NBEASTON M ORIGINAL PAB75023 pagl'T A TRUTH-IN-LENDING DISCLOSURES (Page l of 2) LENDER (Called "We", "Our", "Us") BENEFICIAL CONSUMER DISCOUNT COMPANY 419 VILLAGE DRIVE SUITE 2 CARLISLE PA 17013 BORROWERS (Called "You", "Your") LOAN NO: 711-715-564-799 BEASTON, BARBARA A BEASTON, CARL E 447 N PITT ST CARLISLE PA 17013 . ANNUAL • FINANCE Amount Total of Payment Date PERCENTAGE CHARGE Financed The amount you will of RATE The dollar amount The amount of credit have paid after you Loan The cost of your credit the credit will cost provided to you or o have made all pay- as a yearly rate. you your behalf. manta as scheduled. 795% 1 $ 3527 1 047 3 98 $ 5758.18 pa manta Wh 193.42 $ 9284.18 08/26105 07/26/05 $ 193.42 1 Day 26 of each month thereafter. Late Charge: If you don't pay any payment in 10 days after it's due, you will also pay 1 1/2% per month on the amount overdue (subject to a $1.00 minimum charge). Prepayment: If you pay off early, you may be entitled to a refund of part of the Finance Charge. See the contract documents for any additional information about non in full before the scheduled date, and payment, default, any required repayment prepayment refunds. NOTICE: The following page(s) contain(s) additional information. 08-14-04 NRE TIL I111111IIIIIIIO?Igli11111101????I??IpIIII?I1111illllll?IIIII1111111IIIII?If?II??I??0111110IUI "B97175EEE094FE09000PA8181210a"BEASTON " ORIGINAL PAS18121 'r- y BIT A TRUTH-IN-LENDING DISCLOSURES (Page 2 of 2) ITEMIZATION OF THE AMOUNT FINANCED TO: BENEFICIAL ACCOUNT # 71171500563751.•,,,,,,,,,,,,, $ 2575.44 CREDIT LIFE INSURANCE (PAID TO INSURANCE COMPANY) .............................$ 288.54 CREDIT DISABILITY INSURANCE (PAID TO INSURANCE COMPANY)$ CASH OR CHECK TO BORROWER 357.55 $ 2524.45 AMOUNT FINANCED (EXCLUDING PREPAID FINANCE CHARGE) ............... „ •. •••••.•! 575(3.18 08-14-04 NRE TIL I plgil IIII pp pill q? ?p I? ?I ? ? ? ? I? ? ? pp pp Ilp Ilp ilgip pq Ipp Ilp glll pip qpl 0111 glllll q pp OB9717SEEE094FED9000PA8121220""BEASTON ORIGINAL PAR19122 E)"BIT A ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 BARBARA A BEASTON CARL E BEASTON 447 N PITT ST CARLISLEPA 17013 ACCOUNT NUMBER 71171500564799 DATE REFERENCE NO FEB 17 2009 35528325 ACCOUNT NUMBER 71171500564799 STATEMENT DATE FEB 17 2009 CURRENT BALANCE $ 8929.93 DUE DATE DUE DATE OF LAST PAYMENT 06/20/06 ACCOUNT INFORMATION BALANCE DUE ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 1171500564799 .0. Box 2036, Warren, MI 48090 BALANCE DUE 8929.93 D?KOF?DE LIN QUENCY PURCHASED ON CHARGE OFF AMOUNI'* INTEREST RATE 08/04/06 11 /27/07 $6826.07 18.00% EE SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF FEB 17 2009 $2103.86 *For purposes of this Statement only, Charge Off Amount reflects credits for payments received by Asset, if any. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 35528325 0 HAYT, HAYT **PA** ?ti1 STATE OF MICHIGAN ) COUNTY OF MACOMB ss ASSET ACCEPTANCE, LLC Plaintiff, vs BARBARA A BEASTON CARL E BEASTON AFFIDAVIT Defendant, ) PAMELA WCULLOUGH I ) being first duly sworn deposes and states: That I am the Supervisor of ASSET ACCEPTANCE, LLC a Limited Liability company organized and existing under the laws of the State of Delaware and doing business at P.O. BOX 2041, WARREN, MI 48090. That there is justly due and owing on the account, the sum of $8929.93 representing the charged off amount and interest. That the said account originally with HSBC CONSUMER LENDING USA/, account number 71171500564799, has been purchased by ASSET ACCEPTANCE, LLC, who now owns said account and has all rights connected therewith including the right to institute this action. Dated is 17t day of February, 2009. ;upervisor Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 17th of February, 2009 as WAPP my hand as set forth immediately below. ic ? ? QtARVPU6 ?lt. ,' a ?IICNi6AN g +?v 'OUND ???1?AC M, [ COMMI?SI?N??w??S?1tI)U?M9E?4,201?? 35528325 0 HAYT, HAYT **PA** 0 0 3 5 5 2 8 3 2 5 ( D2 1,7 Tl?' "Y 7y ?.7^q ,,,. 9 is Liu rc> c??3ss ? .zzg o a?, Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor co"Volt' at Climb" r14,1 QFFiCE 45 T ?iE s?-FRIFE ALFA - E C/ IE 2609 JUL 27 A 9: 20' CUIML?L- ",.)UNT HE S'lNSYLVANY A Asset Acceptance LLC vs. Barbara A. Beaston Case Number 2009-4702 SHERIFF'S RETURN OF SERVICE 07/22/2009 03:55 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 22, 2009 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Barbara A. Beaston, by making known unto herself personally, defendant at 447 N. Pitt Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $3140 July 23, 2009 SO ANSWERS, aol?wvo&? R THOMAS KLINE, SHERIFF /p,ulfy Sheriff i I I 111 TAE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION ASSET At: CEPTANCE LLC VS. NUMBER: 09-4702 BARBARA A BEASTON P RECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: K.i :idly enter judgment in favor of Plaintiff and against the Defendant(s) Barbara A Beaston for failure -:o answer Plaintiffs Complaint, endorsed with twenty (20) day notice to plead, served upon Defendant(s) on July 22, 2009 and assess damages as follows: Unpaid Balance $6,826.07 Plus Interest 2,103.86 Additional Charges .00 Plus Attorney's Fees .00 Less Credits, if any .00 TOTAL DUE $8,929.93 Pursuant to PaR.C.P. 237.1, I hereby certify that notice to file this Praecipe was mailed to the above named Defendant(s) and the Attorney of Record (if applicable) on August 1 and cop-y4;opies of same is/are attached hereto ARTHUR LAS , ESQUIRE # Attorney For Plaintiff HAYT, HAYT & LANDAU, LLC 400 Market Street 6th Floor Philadelphia, Pennsylvania 19106 (215) 928-1400 !I COURT OF COMMON PLEAS AFFIDAVIT OF NON-MILITARY SERVICE ASSET ACCEPTANCE LLC STATE OF PENNSYLVANIA Vs. SS BARBARA A BEASTON COUNTY OF PHILADELPHIA Arthur Lashin, being duly sworn according to Law, deposes and says that he represents the Plaintiff in the above entitled case; that he is authorized to make this Affidavit on behalf of the Plaintiff; and that the above named Defendant(s) is (are) 18 + years of age; the address of Defendant(s) is . 447 N Pitt Street Carlisle, Pennsylvania 17013 Occupation of Defendant(s) is unknown; and the Defendant(s) is (are) not in the Military Service of the United States, nor any State of Territorythereof or its Allies as defined in the Soldiers' and the Sailors' Civil Relief Act of 1940 and amendments thereto. Prothonotary Sworn to and subscribed before me this 25th day of August 20 09 A.D., Notary Public M COmml MMON?NEAI=Deana TH OF PENNSYLVANIA My a' Pu otary Citadelphia County Ms June 27, 2010 M ember, Pennsvivania Association of Notaries Arthur Lashin, Esquire, #23425 Attorney for Plaintiff HAYT, HAYT & LANDAU BY: IDE IDENTiFlCRIT0W`SHIN, ESQUIRE SIXTH FLOOR 23425 400 MARKET STREET PHILADELPHIA, PA 19106-2509 (215) 928-1400 ATTORNEY FOR PLAINTIFF DATE: AUGUST 14, 2009 ASSET ACCEPTANCE LLC 28405 VAN DYKE AVENUE WARREN, MI 48093 VS. BARBARA A BEASTON 447 N PITT ST CARLISLE PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION TERM, No. 09-4702 NOTICE OF INTENTION TO TAKE DEFAULT PURSUANT TO PA.R.C.P 237.1 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 proper or other important rights. 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. Court Administrator Cumberland County Courthouse Carlise, PA 17013 (717) 240-6200. ARTHUR LASHIN, ESQUIRE, 43425 F1LFC--t;rr_IGE OF THE P `7? r- IOTARY 2039 SEP E i PH 2: 18 CLIVD, 141, d