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Home My WebLink About04-5009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL DIVISION No. CJ..l - ~DOr C"(J; CT~ BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. TYPE OF PLEADING: Complaint TERRI SUE LAQUITARA a!kJa TERRI S. LAQUITARA, TYPE OF CASE: Defendant. Civil Action FILED ON BEHALF OF: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendant's Address: 544 NORTH LOCUST POINT ROAD MECHANICSBURG, P A 17050 CATHY ANN CHROMULAK, ESQ. PA ill NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ill NO. 89570 HEATHER C. TROXEL, ESQ. PA ill NO. 91848 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 Plaintiff, CIVIL DIVISION Vs. No. TERRl SUE LAQUIT ARA alkJa TERRl S. LAQUITARA 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 AFFORDONE,GOTOOR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 717-249-3166 OR 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, CIVIL DIVISION Plaintiff, No. CJ../ - S'OO? C!.1~L~EIL~ vs. TERRI SUE LAQUITARA alk/a TERRI S. LAQUITARA, Defendant. 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 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. TERRI SUE LAQUITARA aIkIa TERRI S. LAQUITARA is an adult individual residing at 544 NORTH LOCUST POINT ROAD, MECHANICSBURG, PA 17050. 3. On or about JANUARY 5, 2004, 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 MAY 3, 2004. 6. Pursuant to the terms of the Loan Agreement, Plaintiffhas 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, SEVEN HUNDRED SEVENTY TWO 16/100 ($5,772.16) DOLLARS as of AUGUST 12,2004. 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, SEVEN HUNDRED SEVENTY TWO 16/100 ($5,772.16) DOLLARS, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By: ~'f~ CATHY ANN CHROMULAK, ESQ. PA ill NO. 42067 SCOTT E. CRAWFORD, ESQ. P A ill NO. 89570 HEATHER C. TROXEL, ESQ. PA ill NO. 91848 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 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 MAY 3, 2004. 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, SEVEN HUNDRED SEVENTY TWO 16/100 ($5,772.16) DOLLARS as of AUGUST 12,2004. 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, SEVEN HUNDRED SEVENTY TWO 16/100 ($5,772.16) DOLLARS, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By: CATHY ANN CHROMULAK, ESQ. PAID NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ill NO. 89570 HEATHER C. TROXEL, ESQ. 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',;,-,-.. -;"= :; LJ Z - j.j..r; I..,..II~~. ., " - 11",;I~'~I' ,..., ifOl;I ...:.,' :!I!: '~::::I ~~" ~ ""I,f <8:." '''''', ~I-'" .. . 1tll,.f " '''..:, ~ . 'I::l'::'!~" : 01 f , '" . !'I ::l {\'9: l , . ' Ol f1 f ~ . '" .-f M . ('.J I() N "'" ..... o , N o ::.::, CQ -l ::t:o tn:r:: u~ -.of '<O'I"i ....... ....., C',/ OQ #('.J M..,. OM 0..... 'S881 pUt J$eR~U! t{l!M _ 0 '$0 p!edaJ aq Isnw ~~1 UJOIl. U! I 18 ~ ::::. lInsaJ 111M If:>8.1I:> S!1I16u!uti!S II~ 1,,-, "'=::~~~~= . I f ~ ~~~pOJn:!llO!s~Ji I ~ ~~~ I J~ ~."ft,. ,.~ " -pm plII"'""'"'/:"'.. 'IlI~J: VERIFICATION I, Vida Bostic, unit manager for verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge. information and belief, and that I am authorized to verify such Complaint on behalf of I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. ~M Vida Bostic Dated: 0811212004 PROMISSORY NOTE AND DISCLOSURES CREDITOR (Called 'We', 'Us', 'Ou('): Beneficial Consumer Discoun! Company 123 Bran<:h 51 Branchlown, US 12345 BORROWER (Called 'You'. 'Your'): Sample A Sample 123 Main 51. Anylown. PA 12345 $4.252.27 $5,000.88 Total of Payments The amounl you wID have paid after yoo have made all paymanls as scheduled. $9,253.15 I- 1/- < ,,~ j ,\ ), ;0-' t .':] \ . ANNUAl PFRCFNTA(;F BAlE The cost of yoor <:red/I as a yearlyrale. 27.184% . FINANCF CHAR(;F The dollar amount the t1edil wiD cost you. Amounl Financed The amount of credil provided to you or On your behalf. Dale of loan 1 Oclob.r 11,1999 'e' Your Paymenl schedule win be: Number of Paymenls When Paymenls Are Due: 45 days after you deposillhis check which wm be lhe Payment Due Dale shown on your firsl Billing Slalemenl Monthly, beginning on the Payment Due Dale shown on Ihe second Bimng Statement Prepayment: If you payoff eariy, you may be entitled 10 a refund of part of the Finance Charge. Late Charge: tfyou don't pay any paymentin 10 days after Irs due, you wiD also pay 1-112% per month on the amount overdue (subject 10 a $1.00 minimum Charge). See below for any additional jnformation aboul nonpayment defail/I, any required repayment in full before the scheduled dale, and prepaymenl refunds and penalties, AmounlofP.ymenb $208.45 59 $153.30 ~e~ means an eslimale PROMISE TO PAY. By signing tho aUached check, you agree to the tenns Of this Proml.sory Note and Dlsclosur. and promise 10 pay us Ihe Tolal of. Paymenb (the sum of Finance Charge plus the Amount Financed) In monthly payments as slated above. Finance Charge Includes a nonr.fundable fee of $150.00 and Inleresl which has b.en c.lculaled In edvance elthe Contr.ct Rate of 25.699% per y.ar on tho scheduled unpaid balances on the assumptions the paymenls are made on time. Your first payment due dale has been exlended for an additional tI1leen (15) days for which Inlerest has been chargod. CREDIT INQUIRY. By endorsing the ettached check. you authorized us 10 make periodic Inquiries aboul you from any credit reporting agency or third party for the purpose of considering you for fulure credit offers. DATE ON WHICH FINANCE CHARGES BEGIN: PAYMENT CATES. This loan wIN be consummated on lhe date you cash lhe check for the loan proc..ds whIch you received with thIs Promissory Note and DisclOSUres. Finance Charges wfU begIn on the date the check Is cashed, PREPAYMENT. If you fully pay before lhe final paymenl due dalo. the amount you owo will be reduced by unearned Finance Charges (bul not lho Sorvlce Charge) detennlned by tho Rule of 78ths. LATE CHARGE. If you don'l pay any payment In 10 days after II's due. you wllla'so pay 1-1/2% per manlh on tho emount overdue (subJecllo a $1.00 minimum charge). BAD CHECK CHARGE. We will charge you a fee of $20 If any payment check Is returned because of '"suMe/ent funds or Is otherwIse dishonored. You agre. that we may deduct thIs charge from a monthly payment. FAILURE TO PAY. If you don.t pay any payment on time (elell your paymenb may become due at once and wllhoul notifying you before bringing su/~ we may sue for the total.mount you owe less any unearned Finance Charges you would receive I' you fuUy prepaId, and (b) you wllJ also pay our reasonable attorney f88s, If the attorney Is not our salarfed employee, for legal proceedIngs to collect this loan or reallza on securIty. ITEMIZATION OF AMOUNT FINANCED. The entire Amount Financed (shown above) will be 91ven dlrecUy 10 you. . II~ III~IIIIIII~III 999999-PA-429-011599 21184PA(10199)437 PA4SCNLB PA0458.00 02/27'9906;31 PM ~~/ld/2004 22:56 ." 17249162411 CHROMULAK ASSOCIATES PAGE 02/0" VERIFICATION Angela Davis, Sr. Clerk fur Beneficial Consumer Discount Company Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities, that the facts set forth in the forgoing Complaint are true and correct to the best of her knowledge, information and belief. ....., /,/' ( ..UIZifJlA 0y1.A-<J Angela Davis ~ ~ (V '1. <rt ~ (f'l C/1 ....... W () ~ ~ v.- -tJ () -C.. lI) fL- - ~ - ,. r.....) ':'i ::-) -. ~ ., c;' .... C") "" C:::Jo r_::;, ......~ Q ;-n, 0 --);"1 -:-J\.r': , SHERIFF'S RETURN - REGULAR CASE NO: 2004-05009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS LAQUITARA TERRI SUE AKA TERRI 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 LAQUITARA TERRI SUE AKA TERRI S LAQUITARA the DEFENDANT , at 1549:00 HOURS, on the 1st day of November, 2004 at 544 NORTH LOCUST POINT ROAD MECHANICSBURG, PA 17050 by handing to CHARLES DOWNING, SON 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 Service Affidavit Surcharge So Answers: 18.00 5.18 .00 10.00 .00 33.18 ~q~Z'o~,(,,~ R. Thomas Kline 11/02/2004 CHROMULAK & ASSOC Sworn and Subscribed to before f" me this "/ ~ day of ,/r\ ( ~ ;It'OcI A.D. ( h~l2)J~~y" 'ftr By: ~ty s!d~~f ) . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, No. 04-5009 vs. TYPE OF PLEADING: TERRI SUE LAQUITARA A/KJA TERRI S. LAQUITARA Praecipe to Discontinue Without Prejudice Defendant. TYPE OF CASE: Civil Action FILED ON BEHALF OF: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Date: June 13, 2005 CATHY ANN CHROMULAK, ESQ. PA ill NO. 42067 MELISSA A. SHENKEL, ESQ. PA ill NO. 91445 CHROMULAK & ASSOCIATES, L.L.C. 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. r '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 04-5009 Plaintiff, vs. TERRI SUE LAQUIT ARA AlKJA TERRI S. LAQUITARA Defendant. 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:/L ~ CATHY ANN CHROMULAK, ESQ. PAID NO. 42067 MELISSA A. SHENKEL, ESQUIRE PAID NO. 91445 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed B~iS /1 day of , 2005. ^ THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 6~ . ONWEALTHOF NNSYLVANIA NotartalSeal \ MlcheIIe L. WoIota. Notal)' Public CedI Twp.. Washington County I My Commission ExPires JUly 7. 2008 I Memtl.r, Pennsylvania A;Soclatlon Of Notar!8f, ~ J. ,- ~ CERTIFICATE OF SERVICE I, Melissa A. Shenkel, Esquire, counsel for BENEFICIAL 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 13TH day of JUNE, 2005. TERRI SUE LAQUITARA 554 NORTH LOCUST POINT ROAD MECHANICSBURG, P A 17050 A~ MelissaA. Shenkel, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0 .-' 0 """ ~;~ ~ " - . <-- 9......, ,~, C:.":, rn~ " "3:: -r:It!:! .-:'- . - ~;}-;:::; 0) cr' '~:'~~iQ, r';: , ).' ~.1 ~) (-') -/ (- :.1':; / '"V, ;:~?\ en ~_f. I';'? --,',' ::~ '" ~ -~ (..>.""J -