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HomeMy WebLinkAbout02-0193IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. JOHN M. SCHAFFNER and PAMELA K. SCHAFFNER, Defendants. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 CIVIL DIVISION No. lq3 TYPE OF PLEADINO: Complaint TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Defendants' Address: 728 15th Street New Cumberland, PA 17070 MOLLICA & MURRAY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 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, JOHN M. SCHAFFNER and PAMELA K. SCHAFFNER, CIVIL DIVISION t',Jo, oa- Defendants. 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 - 800-990-9108 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, Plaintiff, vs. JOHN M. SCHAFFNER and PAMELA K. SCHAFFNER, Defendants. AND NOW COMES, CIVIL DIVISION COMPLAINT the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by its Attorneys, Mollica & Murray, with its Civil Action Complaint, thereof: 1. Corporation, the following of which is a statement BENEFICIAL CONSUMER DISCOUNT COMPANY is a duly authorized to conduct business in the Commonwealth of Pennsylvania with its principal office situate at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff". 2. JOHN M. SCHAFFNER and PAMELA K. SCHAFFNER are adult individuals residing at 728 15th Street, New Cumberland, PA 17070. 3. On or about April 20, 1999, Defendants entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Agreement with Defendants, Plaintiff advanced funds to the Defendants. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendants are in default under the terms and conditions of the aforementioned Agreement for failing to make payments when due, with the last payment having been made on or about April 9, 2001. 6. Pursuant to the terms of the 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 Defendants is in the sum of Five Thousand Eight Hundred Ninety Eight and 71/100 ($5,898.71) Dollars as of November 29, 2001. 7. Numerous demands have been made upon Defendants by Plaintiff, but Defendants have failed or refused to pay. 8. Pursuant to the Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. W~EREFORE, Plaintiff claims damages in the sum of Five Thousand Eight Hundred Ninety Eight and 71/100 ($5,898.71) Dollars, with interest thereon at the rate of 23.268% from November 29, 2001, plus court costs and attorneys' fees. Respectfully submitted, MOLLICA & MURRAY By: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WiLL BE USED FOR THAT PURPOSE, LO*- REPAYMENT AND SECURITY AGREL LENDER (called 'We', 'Us', 'Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 4010 CARLISLE P~KE/#104 MECHANICSBURG PA 19055 BORROWERS (called "You", "Your") SCHAFFNER, JOHN M S~# 101541080 SCHAFFNER, PAMELA K SS~ 10854.0685 ~13 OREXIL HILLS 8LVD NEW CUMBERLAN PA 13070 LOAN NO: ENT (Page I of 3) 311314-509539 04120/lggg $ s 165.29 ~# FIL~G INSiJflk-t(cl MIEMI NONE YOO ARE' GIVING US A SECURITY INTEREST cOVERING: INSURED YEAR OESGRIPTION PERSONAL PROPERTY SEE EXHIB 1 N MAKE/MODEL SERIAL NUMBE ~D INSUR. ANCE. You must obtain insuranCe for term of loan coverini security for this loan as indicated b~low, Title insuranCe on real estate security. }=ire and extended coverage ~suran~ on real ~tate ~u~ty. p~Tsical dama~ insuran~ on Teh[~lo Es~ u~r "~u~t~' a~ve if "Y" a~rs under 'Insure". ph~si~l damsge insura~ on other pro~rW Es~ un~r "~rit7" a~Te if "Y" ap~rs uG~r "Insure". You may obia~ any ~u[r~ ~suran~ from any~ (S~ '~uriW' ~ralraph a~ve for ~Hpilon of ~uriW m ~ insure.) NOTICE: TH~ FOLLOWING PAG~ CONTAIN ADD~IONAL CO--CT TERMS- 10-17-9B NRE EXHIBIT LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of PAYMENT. In return for this loan, you will pay us the Total of Payments {the sum of Finance Charges pl~s Amount Financed), in monthly payments stated on page one. The Finance Charge is the tolal of Interea~ plus Service Charge. You ' may pay more at any time. You will pay us at our business address as s~ated on page one or other address given you. 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. DATE ON WHICH FINANCE CHARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is made by 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 effec}ive date of any optional insurance purchased are also pAY-OUTS. You 8 ..... ~-~ ---u shall ,~y additional amounts o change because loan ¢lo~mg is aeiayea, tat ~,, be reduced to cover additional pay-outs. p1LEPAYMENT. If you fully pay before final payment due date, the amount you owe will be reduced by unearned Finance Charge (but not Service Charge) de!ermined by the 'Rule of ?aths.' 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 internal in the property identified on page one, which will secure all intlebtedness, including future advances under this Agreement. LATE CHARGE. If you don't paY any payment in 10 days after i~'s due, you will also pay I 112% per month on the amount overdue (subject to a $1.00 minimum charge), any payment check is returned because of insufficient funds or BAD CHECK CHARGE. We will charge you a fee of $20 if 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 · J ----~ve if you fully prepaid, and (b) you will also ,p?y our res~..n_.able earned Finance Charges you wouio.r=~u~ o ,~ ...... a:.~ to collect this loan or remlze on security. ~ · · owe le~ ~the attorney ts not our salaried employee, tot legal prtr~o-"'~s attorney 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 basin, we obtain related tu yodr Account, including but not limited to credit report~ 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 . . . . ' f our affiliated corporations, subsidiaries or other third parties. nformatton regarding your A.cc~. u.nt w~th..anyto ...... ~, ,h~ ~harinz of information about transactions or ~/~or:~naYylprohibit the sharing, of such mtormatlon iez~}~ ........... Social Security experiences between us and you) by sending a written request which contains your full name, Number and Address to us at P.O. Box 8602, Elmhurst, IL 60126. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be · ' (or your state's equivalent submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles 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 vails between you and our representatives in order to evaluate the quality of our service to you. OPTIONAL INSURANCE. Optional Credit Insurances and any required insurance disclosures are attached to this Agreement and are incorporated herein 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. pA~,75002 10-17-98 NRE LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) YOU HAVE RECEIVED A COMPLE' COPY OF THIS AGREEMEN"f AND TI TRUTH-IN-LENDING DISCLOSURES. (SE~ WITNESS: 10-17-98 NRE PA9751 ! " BXF~BITI Vuluatiou of~onal Properly (SECURED ~e ~QH~ M ~C~.. & P~ ~ SC~E~ ~unt ~um~ 71L71~0-509~3~ ...... ~ C~L~e~A 17070 65/0~'~ T~L~8£~60l 90~£L~90£9 O~N ~30HBSnOH ~ ~£:8T ~0, 60 NU£ '"" IlBIIIIIIIBIBIIiIIBiIIIBI 6I/II'd III£I8£EI1~I6 0£ 90IAAI90£9 O~N (]~OHBSROH ~d C£:8I aO, 60 N~r OPTIONAL PF_~SONAL PROI~RTY FROT]~(.'~ ~ON (l%~0 1 o~ 3) Name JO~tX H SCHAYFI~I~R & pAmELA lc SCHAFFNER Accoun'c Numl~c 71171&-OO--~Ogb.39 ' (~) (s~) ~on ~ ~ ~ ~Y I~n we mike ~ ~u. P~ONAL ~O~TY PROLCON (N~ A~p!icsble M Mo~ Vehiel~ and Mo~ Horn): Y~ I p~ ~s ~on ~ ~ ~ f~ any ~ i~ ~ ~ ~ ~o~t ~ ~n ~ ~ ~ ~m~t 1~ ~y ffli~ ~d ~in~ ~ (~.( · INiTiAL AFPROPRIAT]~ BOX You have no pto~-tlon and wish to buy ~he protection ~ t~U~ ~ Y~ ~ve ~ ~gon ~ w~ ~ buy ~e ~i~ off~ ~ ~ f~,~ ~ Y~~ ~e~ ~y~lhoJ~ ~in~ buyit ~ ~You ~ ~gon on ~ ~ ~Y and ~ ~ve ~v~ ~ ~minS ~ 1o~ ~. PROTEt;t-ON (I1~ ~LISCTED}: You ~ bu~.l~ 12re l:,efsofml property p~o'tectl,o~ offered ~u'ough us ss shown and &~a'iz~ u~ to p~y r. he ~oat fro~,a the ~oulat e~ e~it ~_'~_ ~o you, PREMIUM AMOUNT OF PR(YFF_CTION (Ms,xim um- j ~ (M-~mum - 60 Months) $ ~,000.00 '"'" I{llllqlilllllllllllllltll 6I/aI'd III£I8£aI~I6 01 90188190E9 DaN O90HBSBDH ~d 2£:8I EI~, 60 NU£ VERIFICATION Raul Stone-Cousley, Recovery Speciali~ for BENEFICIAL CONSUMER DISCOUNT COMPANY, a Household International Company , 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 foregoing Complaint are tree and correct to the best of her knowledge, information and belief. ~: Raul Stone- SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00193 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS SCHAFFNER JOHN M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SCHAFFNER PAMELA K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , SCHAFFNER PAMELA K DEFT MOVED BUT MADE NO CHANGE OF ADDRESS WITH POST OFFICE. Sheriff's Costs: Docketing Not Found Affidavit Surcharge 6 00 5 00 00 10 00 00 21 00 So answers: ~ ,. R~. Thomas Kline J Sheriff of Cumberland County MOLLICA & MURRAY 03/12/2002 Sworn and subscribed to before me this /~ ~ day of ~ ~U~L A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2002-00193 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS SCHAFFNER JOHN M ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHAFFNER JOHN M the DEFENDANT , at 2015:00 HOURS, on the 23rd day of January , 2002 at 728 15TH STREET NEW CUMBERLAND, PA 17070 by handing to JOHN M SCHAFFNER 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 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /9 ~ day of ~ ~o~ A.D. P othonotary ~ So Answers: R. Thomas Kline 03/12/2002 MOLLICA & MURRAY DepUty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. JOHN M. SCHAFFNER and PAMELA K. SCHAFFNER, Defendants. Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Defendants' Address: 728 15th Street New Cumberland, PA 17070 CIVIL DIVISION 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 ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURRAY Firm #952 450 TrimOnt Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 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 CIVIL DIVISION COMPANY, No. Plaintiff, vs. JOHN M. SCHAFFNER and PAMELA K. SCHAFFNER, Defendants. 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 CA/ql~OT 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 - 800-990-9108 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, JOHN M. SCHAFFNER and PAMELA K. SCHAFFNER, Defendants. AND NOW DISCOUNT COMPANY, Civil Action Complaint, thereof: 1. Corporation, CIVIL DIVISION No. COMPLAINT COMES, the Plaintiff, BENEFICIAL CONSUMER by its Attorneys, Mollica & Murray, ~ith its the following of which is a statement BENEFICIAL CONSUMER DISCOUNT COMPANY is a duly authorized to conduct business in the Commonwealth of Pennsylvania with its principal office situate at 2700 Sanders Road, Prospect Heights, IL 60070, hereinafter referred to as "Plaintiff". 2. JOHN M. SCHAFFNER and PAMELA K. SCHAFFNER are adult individuals residing at 728 15th Street, New Cumberland, PA 17070. 3. On or about April 20, 1999, Defendants entered into a Loan Agreement with the Plaintiff, a copy of which is attached hereto as "Exhibit A" and incorporated herein. 4. Pursuant to the Agreement with Defendants, Plaintiff advanced funds to the Defendants. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5. Defendants are in- default under the terms and conditions of the aforementioned Agreement for failing'to make payments when due, with the last payment having been made on or about April 9, 2001. 6. Pursuant to the terms of the 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 Defendants is in the sum of Five Thousand Eight Hundred Ninety Eight and 71/100 ($5,898.71) Dollars as of November 29, 2001. 7. Numerous demands have been made upon Defendants by Plaintiff, but Defendants have failed or refused to pay. ~ 8. Pursuant to the Agreement, Plaintiff is entitled to recover costs of collection and reasonable attorney's fees. WHEREFORE, Plaintiff claims damages in the sum of Five Thousand Eight Hundred Ninety Eight and 71/100 ($5,898.71) Dollars, with interest thereon at the rate of 23.268% from November 29, 2001, plus court costs and attorneys' fees. Respectfully submitted, MOLLICA & MURRAY THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By: CATB-Y ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 Attorneys for Plaintiff 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211 LO~. REPAYMENT AND SECURITY AGREL LENDER (called 'We","Us","Our"} BENEFICIAL CONSUMER DISCOUNT COMPANY 4910 CARLISLE PIK~i#104 ~ . MECHANICSBURG PA 17055 BORROWERS (called "You", "Your") SCHAFFNER, JOHN M S~# 191541980 SCHAFFNER, PAMELA K SS# lg8549686 113 DREXIL HILLS BLVO NEW CUMBERLAN PA 1]0.70 LOAN NO: ANT (Page 1 of 3) ~11314-509539 04120/lggg s '7,012.50 TOT J~L FIN pReMIUM 105.2'7 NONE YOO ARE' GIVING US A SECURITY INTEREST cOVERING: INSURED YEAR DESCRIPTION N pERSONAL PROPERTY SEE EXHIB 1 MAKE/MODEL SERIAL NUMBE REQUIP. ED INSUI~.ANCE. You must obtail~ ~$uranCe for term of Ica= covering security for this loan as indicated below, Title insurance om real estate ~e~urity. Physical damage'insurance on vehicle list~ un~r "S~urit~' a~vm if "Y" aptera under "Insure". Physi~l damage insurance on other pro~rty ~st~ under "~urity' You may obta~ any r~uir~ ~suran~ fro~ a~o~e rca [S~ '5~urii~' paragraph a~ve for deic~ptio~ of ~urity NOTICE: THE FOLLOWING PAG~ CONTAIN ADDITIONAL CO~CT TERMS. N~E EXHIBIT LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 3) 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 slated on page one. The Finance Charge is the total of lnteres~ 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. DATE ON WHICH FINANCE CHARGE BEGINS. Finance Charges begin on the date of disbursement. If this loan is made by mail, the date on which the Finance Charge begins is postponed by the number of days from the date of this Agreement to the dale of disbursement, payment due dates and effective date of any optional insurance purchased are also postponed.. pAY-OUTS. You agree to pay-outs of Amount Financed as shown on Truth-In-Lending disclosure form. If pay-outs change because loan closing is delayed, (s) you shall pay additional amounts d~e at closing, or (b) your cash or check will be reduced to cover additional pay-outs. pREPAYMENT. If you rally pay before final payment due date, the amount you owe will be reduced by unearned Finance Charge {bit not Service Charge) determined by the "Rule of ?Sths." 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 s 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 I 1/2% per month on the amount overdue (subject to a $1.00 minimum charge). BAD CHECK CHARGE. We will charge you s fee of $20 if any payment check is returned because of insufficient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. FAILURE TO PAY. If you don't pay any payment on time or fail to keep any required insurance in force, ia) all ypur payments may become due at once and without notifying you before bringing suit, we may sue for the total amount you owe less any unearned Finance Charges you would receive if you fully prepaid, and (b) you will also pay our reasonable attorney fees, if the attorney is not our salaried employee, for legal proceedings t9 collect this loan or realize on security. EXCHANGE OF INFORMATION. You understand that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies. You authorize us to share any information, on a regular basis, we obtain related to yodr Account, including but not limited to credit report~ and insurance information, with any of our affiliated corporations, subsidiaries or other third parties. The uses of this credit. You also authorize us to information rosy include an inquiry to determine if you qualify for additional offers of share any information regarding your Account with any of our affiliated corporattons, subsidtalaes or other thtrd You may prohibit thc sharing of such information (except for thc sharing of information about transactions or experiences between us and you) by sending a written request which contains your full name, Social Securi'ty Number and Address to us at P.O. Box 8602, Elmhurst, IL 60126. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting AgenCy. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence addrc~; to u$, should it become neceo~ary to locate you. You agre~ 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. OPTIONAL INSURANCE. Optional Credit Insurances and any required insurance disclosures arc attached to this Agreement and are incorporated herein 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. 10-17-98 NRE ; PAB75002 ORIGINAL LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) YOU HAVE RECEIVED A COMPLE' COPY OF THIS AGREEMENT AND TI TRUTH-IN-LENDING DIS CLOSURES. WITNESS: (SE) ,(SEA (SE~ 10-17-98 NRE PA9751 6I/OI'd IIILIS£EI~I6 O± 90ILLI90£9 O~N OqOHBSgOH ~B E£:8I EO, 68 N~£ EXHIBIT I Valua~ioa o! Personal P~operiy (S£C~YRtSD PLUS) 6I/lI'd II~8£~I~60l 90I££I90£9 O~N (I]OHBSROH ~ ~£:8~ aO, 60 N~£ OPTIONAL PERSONAL PROPt/RTY PKOTI~C'i'iON Na~ JOH~ H $CHAPE'NSR & P&H~LA lc $C~FFNER Ar_,c~unt ]~u~nbcr ?llTl&-OO--50~b.~9 DEI~ilqlTIONS: In this form, zh~' words you *~ld Yovr ~f~ ~ all ~ ~ng ~ ~ ~z ~f~'~z'} ~a ~ow~, ~wo~w~, ~.and O~r ~r to tho~h~ ~c ~t~O~ ~ ~ O~ ~ 1~ W~ ~k~ ~ ~0~. A~ ~ ~ p~ ~ ~ will ~ ~ I~ ~ny, w~ch i~ ~fili:~ with ~, (~o*~ ~ ~ ~s "W~'). ~ o~ o~ ~ploy~ ~ ~z of W~ ~ ~z em~oy~ is ~Z ~ ~ a~, b~. or fid~ for you ~ ~$ t~ion. ~ a. P~ONAL ~O~RTY PRO-I'~ION (Not A~pIicable to ~olor Vehicl~ ~nd Mobile Hom~): ~ ~d w~ ~ ~i~ ~t ~e a~e~ ~ is i~d &~i~ f~ ~d ~ ~-~--~ You · p~ ~s ~on ~ ~ ~ f~ aoy a~t of ~k~. You may ~ ~t ~i~o~ ~ 1~ ~y ~ ~ ~o~t ~ ~wn ~ ~ ~ ~m~t 1~ ~y filing ~d ~rdlng t~ (~.( ~e 1~ is ~t ~ by r~ ~ ~d ~.~ if the 1o~ is ~ by a mo~ ~ r~l ~y), ~c~ ~ and ~iums or · ~-~m~ oi $~ (M-~m~ Covm~), whi~ ia We have .~_~k~_ if YO- hay* adequate protection on t~ ~ ~o~. Yo~ ~y is ~ follow~ ~X ]' p~ ~ ~ ~ i~n tad for ~o~1 ~ ~. You ~ ~ on ~e ~ ~y ~ng thc 1~ or in~ ~ b~y it ~ ~vc a ~ o~ ~ ~G~. UntB we ~e ~fi~ ~ng ~ ~ 1~ ~y~, ~Yo~ ~ve prolcon on ~ ~ ~y and we ~ve ~v~ ~ ~mi~g ~ 1o~ pay~. SIN~LI~ PREMIUM AMOUNT O1~ PRO'friCTION J ~ (MON~FH~) (M~-;rnum - 601Montl~) $ t27.50 S 5.000.00 10-"/7-98 r~ PPI tlllililm[lalliBSglmlllllllBH 'FI.tn 6I/aT'd II~&I8£EI~16 Ol 90T~£~90£9 OaN OqOHBSDOH ~ E£:8I al~, 60 NWl VERIFICATION Raul Stone-Cousley, Recovery Specialist for BENEFICIAL CONSUMER DISCOUNT COMPANY, a Household International Company 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 foregoing Complaint are true and correct to the I~t of her knowledge, information and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff, vs. JOHN M. SCHAFFNER PAMELA K. SCHAFFNER, Defendant. CIVIL DIVISION No. 02-193 Civil Term TYPE OF PLEADING: Praecipe to Settle and Discontinue TYPE OF CASE: Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MICHELLE D. SMITH, ESQ. PA ID NO. 74800 MOLLICA & MURP, AY Firm #952 450 Trimont Plaza 1305 Grandview Avenue Pittsburgh, PA 15211-1205 (412) 381-7000 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Michelle D. Smith, Esquire, counsel for Plaintiff, 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 United States First Class Mail, postage prepaid on this 1st day of May, 2002: JOHN M. SCHAFFNER PAMELA K. SCHAFFNER 728 15th Street New Cumberland, PA 17070 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE,