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HomeMy WebLinkAbout04-5506IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. JANICE M. DIEHL and RICHARD S. DIEHL Plaintiff s Address: 2700 Sanders Road Prospect Heights, EL 60070 Plaintiff, CIVIL DIVISION No. QLI - -E 96L TYPE OF PLEADING: Complaint TYPE OF CASE: Defendants. Civil Action Defendant's Address: 16 WILD ROSE MECHANICSBURG, PA 17055 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 HEATHER C. TROXEL, ESQ. PA ID NO. 91848 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, CIVIL DIVISION Vs. JANICE M. DIEHL RICHARD S. DIEHL No. 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 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. JANICE M. DIEHL and RICHARD S. DIEHL, Defendants. No. dq - SSO(e 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. JANICE M. DIEHL and RICHARD S. DIEHL are adult individuals residing at 16 WILD ROSE, MECHANICSBURG, PA 17055. 3. On or about SEPTEMBER 12, 2003, Defendants 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 the 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 Loan Agreement for failing to make payments when due, with the last payment having been made on or about AUGUST 26, 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, including principal and interest, and owing by the Defendants is in the sum of FIVE THOUSAND, THREE HUNDRED SEVENTY ONE 35/100 ($5,371.35) DOLLARS as of SEPTEMBER 22, 2004. 7. Numerous demands have been made upon the Defendants by Plaintiff, but the Defendants have 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, THREE HUNDRED SEVENTY ONE 35/100 ($5,371.35) DOLLARS, with interest thereon at the rate of 25.698% from SEPTEMBER 22, 2004, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By: %49?44r-9- CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 SCOTT E. CRAWFORD, ESQ. PA ID NO. 89570 HEATHER C. TROXEL, ESQ. PA ID NO. 91848 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. LOAN REPAYMENT AND SECURITY AGREEMENT (Page I of 3) LENDER (called "We", "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 4910 CARLISLE PIKE SUITE 104 MECHANICSBURG PA 17050 BORROWERS (called "You", "Your") DIEHL, JANICE M SS# 163628109 DIEHL, RICHARD S SS# 201545815 16 WILD ROSE MECHANICSBURG PA 17055 DATE OF LOAN 09/1212003 TOTAL OF PAYMENTS s 10,367.40 TOTAL FINANCE CHARGE S 4,561.66 LIFE INS PREMIUM FIRST PAYMENT DUE DATE OTHERS 101 1212003 EACH MON" AMOUNT FINANCED S 5,805.74 SCHEDULED INTEREST S 110CIA1 s 4,561.55 S DISABILITY INS PREMIUM NI1 PREMIUM NDR FILING INSURANCE PREMIUM I NONE REQUIRED INSURANCE. 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. Fire 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.) NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. D3-01-00 NRE I1'11INn11i0111 0 ?? >t PA075011 KD11SuFN4CDCN99CEABODOPAB75011OK"DIEHL EXH18rr ORIGINAL A LOAN NO: 711714-557718 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 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. 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 effective date of any optional insurance purchased are also postponed. PAYOUTS. You agree to payouts of Amount Financed as shown on Truth-In-Lending disclosure form, if payouts change because loan closings delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional payouts. PREPAYMENT. If you fully pay before final payment due date, the amount you owe will be reduced by unearned Finance 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. 03-01-00 NRE IU???I?I???????IU??H118111?????????Iltlllllit?lL11?e111lI?uU PA875012 NDIISF4000N98CEAB000PA875012ONNOIEHL " ORIGINAL 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) WITN S: (SEAL) 03-01-00 NRE PAS75013 1111 11101 1i11111111IIilli011111111111 KD110F4COCN90CEA0000PA0750130KKOIEHL ORIGINAL VERIFICATION Veronica Bradford, Recovery Specialist for 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. I Veronica Bradford 4VEY +: _, N -rt +r 0-4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Beneficial Consumer Discount Company Plaintiff 04-5506 Vs. Janice and Richard Diehl Defendant ORDER AND NOW, this day of -, 20 , upon consideration of Defendants' PRELIMINARY OBJECTIONS, Plaintiff shall have 30 days to amend its complaint. The Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Beneficial Consumer Discount Company Plaintiff 04-5506 Vs. Janice and Richard Diehl Defendant ORDER AND NOW, this day of -,20 , upon consideration of Defendants' PRELIMINARY OBJECTIONS, Plaintiff shall have 30 days to amend its complaint. The Court IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Beneficial Consumer Discount Company Plaintiff 04-5506 Vs. Janice and Richard Diehl Defendant PRELIMINARY OBJECTIONS 1. Plaintiff alleges non-payment of an installment loan contract in its complaint. 2. Plaintiff also alleges "reasonable attorney fees," but does not state the amount of the attorney fees. 3. Because Plaintiff's request for attorney fees is vague and ambiguous, the complaint is open-ended, and therefore fails to state a claim upon which relief may be granted. 4. Plaintiff should amend its complaint to state more specifically what the "reasonable attorney fees" are. Wherefore, Defendants pray that this Honorable Court direct Plaintiff to amend its complaint within 30 days. %j I 1- 14 -0 4 Vicki Piontek, Esquire Date 24 West Govemor Road Hershey, PA 17033 717-533-7472 C'? ?- k,}: .L?_1 .._ ? ? ?, ??e ? ? ?' ,: ? N c.,? Q cw7 !?4 ?C; `_? ?'' ??? ? ['tb i... GJ - t .?" ..y ? CJ = C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Beneficial Consumer Discount Company Plaintiff 04-5506 Vs. Janice and Richard Diehl Defendant CERTIFICATE OF SERVICE Attorney Vicki Piontek affirms that she is the attorney for the Defendants, and that on the Mf lk day of NO V , 2004, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached PRELIMINARY OBJECTIONS on Plaintiff's attorney at the following address: Chromulak and Associates, LLC 375 Southpointe Blvd., 4`" Floor Canonsburg, PA 15317 Vicki Piontek, Esquire Date 24 West Governor Road Hershey, PA 17033 717-533-7472 ? ? Q. + [7 G ? 1` ? ?? C7 Q (D CASE NO: 2004-05506 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS DIEHL JANICE M ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DIEHL JANICE M was served upon the DEFENDANT at 2020:00 HOURS, on the 18th day of November , 2004 at 16 WILD ROSE LANE MECHANICSBURG, PA 17055 RICHARD DIEHL, HUSBAND by handing to 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 7.40 Affidavit .00 Surcharge 10.00 .00 35.40 Sworn and Subscribed to before me this day of A.D. othonotary So Answers: R. Thomas Kline 11/19/2004 CHROMULAK & ASSOC By: Deeppuit] Sh i f f CASE NO: 2004-05506 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS DIEHL JANICE M ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DIEHL RICHARD S was served upon the DEFENDANT , at 2020:00 HOURS, on the 18th day of November-, 2004 at 16 WILD ROSE LANE MECHANICSBURG, PA 17055 by handing to RICHARD DIEHL 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 r% r, L V V V Sworn and Subscribed to before me this ?1 ay day of ?200s' A.D. rothonotary So Answers: R. Thomas Kline 11/19/2004 CHROMULAK & ASSOC By: ?i ?Deputy Sheriff I/ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Beneficial Consumer Discount Company, (Plaintiff) V5. Janice M• Diehl and Richard S. DiehlI (Defendant) 04-5`506 Civil Term. 19 P04 No. 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: 2d!elssa A. Shenkel, F.s4 Address: 375 Southpointe Boulevard 4th Floor Canonsburg, 'OA 15317 (b) for defendant: v icki - iontek, Esp. Address: 24 West rovernor road Hershey, 'DA 17033 within two days that this a has 3. I will notify all parties in writing been listed for argument- 4. Argument Court Date: n Attorney or Plaint ?1 zsLo? BENEFICIAL CONSUMER DISCOUNT COMPANY, Plaintiff vs. JANICE M. DIEHL and RICHARD S. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5506 CIVIL IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS BEFORE HESS AND OLER J.J. ORDER AND NOW, this z day of June, 2005, the defendants having failed to appear for argument and having failed to file a brief, the preliminary objections of the defendants are DISMISSED. BY THE COURT, Melissa A. Shenkel, Esquire For the Plaintiff Vicki Piontek, Esquire For the Defendants Am 6 0,3 .0s, AZ :a{ WV £- Nnr soot AbKG,NU-L.OW 3N1 ?O yCU - o !j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Beneficial Consumer Discount Company Plaintiff 04-5506 Vs. Janice and Richard Diehl Defendants / Plaintiffs NOTICE 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. THE 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 COUNTERCLAIMT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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. PA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17018 717-238-6715 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Beneficial Consumer Discount Company Plaintiff 04-5506 Vs. Janice and Richard Diehl Defendants / Plaintiffs DEFENDANTS' ANSWER AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. DEFENDANTS' ANSWER 5. Denied. The account has been settled in full. An accord and satisfaction was reached on or about May 23, 2005. See Exhibit A. 6. Denied. 7. Denied. 8. Denied due to the full satisfaction of the alleged account. DEFENDANTS' COUNTERCLAIM 9. Plaintiffs are Janice Diehl and Richard Diehl. 10. Defendant is Beneficial Consumer Discount Company, 16 Wild Rose, Mechanicsburg, PA 17055. 11. Between the time of May 23, 2005 to the present:, Defendant purposely, knowing and intentionally continued to prosecute! a civil lawsuit against Plaintiffs, Richard Diehl and Janice Diehl that had already been settled in full, and a full accord and satisfaction had been reached on or about May 23, 2005. Count One: Fraud 12. Defendant misrepresented to Plaintiff and to the District Court that Plaintiff the account in question was still valid. 13. The Court justifiably relied on such misrepresentation, and as a result of Defendant's misrepresentation, Plaintiff suffered damage as a direct result of Defendant's misrepresentation. Count Two: Breach of Contract 14. The above described acts committed by Defendant, Beneficial Consumer Discount company were a breach of contract. Count Three: Violation of PA Unfair Trade and Consumer Protection Law (73 ps 2270), and the Fair Credit Extension Uniformity Act (73 ps 201) 15. Defendant is a debt collector for purposes of Pennsylvania Unfair Trade and Consumer Protection Law, and the Fair Credit Extension Uniformity Act. 16. Plaintiff is a consumer debtor within the meaning of Pennsylvania Unfair Trade and Consumer Protection Law, and the Fair Credit Extension Uniformity Act. 17. By committing the above-referenced act(s), Defendant(s) committed a violation of PENNSYLVANIA UNFAIR TRADE AND COMSUMER PROTECTION ACT (73 PS 201, ET.SEQ) AND THE FAIR CREDIT EXTENSION UNIFORMITY ACT (73 PS 2270), ET. SEQ.D. Namely, Defendant attempted to collect a debt which Defendant had no legal right to collect. 18. Defendant failed to notify Defendant's Counsel, Chromulak and Associates, that the matter had been settled. Defendant allowed the matter to be continued to be prosecuted. DAMAGES 19. Plaintiff's actual damages are $5.00 more or less, including but not limited to postage, phone calls, fax, etc. 20. $100.00 Statutory damages under PENNSYLVANIA UNFAIR TRADE AND COMSUMER PROTECTION ACT (73 PS 201, ET.SEQ) AND 'THE FAIR CREDIT EXTENSION UNIFORMITY ACT (73 PS 2270), ET. SEQ are $100.00. 21. Attorney fees of $750.00 at a rate of $250.00 per hour„ more clearly defined in Plaintiffs Exhibit B. 22. Plaintiff(s) demand(s) punitive damages against Defendant in the amount of $10,000.00 for anxiety, harassment and intimidation because the acts committed by Defendant were willful, wanton and intentional. Wherefore, Defendants pray that no judgment will be granted. Defendants / Plaintiffs pray for damages in the amount of $10,855.00. "v 1 ?,obi & /a-) (os Vicki Piontek, Esquire Date 24 West Governor Road Hershey, PA 17033 717-533-7472 Beneficiar 'W-U-'asBC m Gw " May 23, 2095 IANICE DIEHL 16 WILD ROSE MECHANICSBURG, PA Re. 71171400557718 Dear Customer: 1,?? tN 17055 This letter is to inform you that your account number 71171400557718 is now settled. Thank you for doing business with our company. If you have any questions regarding your account, please contact our Customer Service Department at (800) 547-8776. Sincerely, Records Processing 11FPAM5 ??C?i1r3 !r ? Defendants' / Plaintiffs' Attorney Fees Review of file and consultation with Clients, 1 hour $250.00 Drafting of answer and counterclaim, 1 hour $250.00 Document processing, 1 hour $250.00 $750.00 Exhibit B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Beneficial Consumer Discount Company Plaintiff Vs. Janice and Richard Diehl Defendants / Plaintiffs CERTIFICATE OF SERVICE 04-5506 Attorney Vicki Piontek affirms that she is the attorney for the Defendants. and that on theday of , 2005, she sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached ANSWER AND COUNTERCLAIM on Plaintiff s attorney at the following address: Chromulak and Associates, LLC 375 Southpointe Blvd., 4th Floor Canonsburg, PA 15317 Vicki Piontek, Esquire Date 24 West Governor Road Hershey, PA 17033 717-533-7472 r?> err C. CO ?.1 i) 'tl J `i] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER CIVIL DIVISION DISCOUNT COMPANY, No. 04-5506- Civil Term Plaintiff, VS. TYPE OF PLEADING: Response to Defendants' Counterclaim JANICE M. DIEHL and TYPE OF CASE: RICHARD S. DIEHL, Defendants. Civil Action FILED ON BEHALF OF: Plaintiff s Address: BENEFICIAL CONSUMER DISCOUNT 2700 Sanders Road COMPANY Prospect Heights, IL 60070 COUNSEL OF RECORD: Defendants' Address: CATHY ANN CHROMULAK, ESQ. 16 WILD ROSE PA ID NO. 42067 MECHANICSBURG, PA 17055 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 CHROMULAK & ASSOCIATES, LLC 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, No. 04-5506 - Civil Term vs. JANICE M. DIEHL and RICHARD S. DIEHL, Defendants. RESPONSE TO DEFENDANTS' COUNTERCLAIM AND NOW COMES, the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by its Attorneys, Chromulak & Associates, LLC, with its Response to Preliminary Objections, the following of which is a statement thereof: I . Paragraph 9 of Defendants' Counterclaim is admitted. 2. Paragraph 10 of Defendants' Counterclaim is denied. Said address is the address of Janice and Richard Diehl. 3. Paragraph 11 of Defendants' Counterclaim is a conclusion of law to which no response is required. To the extent a response is required, said averments are specifically denied. It is denied that any actions taken by Beneficial's counsel between May 23, 2005 and the present were done with the purpose, knowledge and intent to prosecute a claim that had been satisfied. 4. Paragraph 12 of Defendants' Counterclaim is a conclusion of law to which no response is required. To the extent a response is required, said averments are specifically denied. 5. Paragraph 13 of Defendants' Counterclaim is a conclusion of law to which no response is required. To the extent a response is required, said averments are specifically denied. By way of further answer, any alleged damages suffered by Janice and Richard Diehl resulted from their counsel's failure to notify Beneficial's counsel of any settlement arrangements made during their telephone conversations in 2004 and 2005. 6. Paragraph 14 of Defendants' Counterclaim is a conclusion of law to which no response is required. To the extent a response is required, said averments are specifically denied. Paragraph 15 of Defendants' Counterclaim is admitted insofar as the averment is referencing Janice and Richard Diehl. 8. Paragraph 16 of Defendants' Counterclaim is admitted insofar as the averment is referencing Beneficial Consumer Discount Company. 9. Paragraph 17 of Defendants' Counterclaim is a conclusion of law to which no response is required. To the extent a response is required, said averments are specifically denied. 10. Paragraph 18 of Defendants' Counterclaim is a conclusion of law to which no response is required. To the extent a response is required, said averments are specifically denied. By way of further answer, counsel for Janice and Richard Diehl failed to disclose any settlement arrangements when she spoke with Beneficial's counsel on December 15, 2004 and April 28, 2005. WHEREFORE, Plaintiff respectfully requests that Defendants' counterclaim be dismissed with prejudice. THIS 18 AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Respectfully submitted, Chromulak & Associates, LLC By:,/1\--- CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 Attorneys for Plaintiff 375 Southpointe Boulevard 4`s Floor Canonsburg, PA 15317 CERTIFICATE OF SERVICE I, Melissa A. Shenkel, counsel for Plaintiff, Beneficial Consumer Discount Company, do hereby certify that a true and correct copy of the foregoing Response to Defendants' Counterclaim was served, via First Class United States Mail, this Z9 day of , 2005, upon the following: Vicki Piontek, Esquire 24 West Governor Road Hershey, PA 17033 Attorney for Defendants ?( J??= Melissa A. Shenkel "ca' ?' O `n <? l_- G3R r^ ? 'T_ R1 %-' • u ; _? r, " ; G' 4J ?.- _'. C' ? : -; :.?: i. ?_? ,.:: jit L.3 '{ 5 ?, U . ,IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. JANICE M. DIEHL and RICHARD S. DIEHL CIVIL DIVISION: No. 04-5506-CIVIL TERM TYPE OF PLEADING: Praecipe to Discontinue Without Prejudice TYPE OF CASE: Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 Plaintiff, Defendant. Civil Action FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MAUREEN A. DOWD, ESQ. PA ID NO. 90549 BETH ARNOLD HOWELL, ESQ. PA ID NO. 203606 CHRISTINE A. SAUNDERS, ESQ. PA ID NO. 203373 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (724) 916-2400 "IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Plaintiff, Defendant. CIVIL DIVISION: No. 04-5506-CIVIL TERM PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE BENEFICIAL CONSUMER DISCOUNT COMPANY, VS. JANICE M. DIEHL and RICHARD S. DIEHL TO THE PROTHONOTARY: Please discontinue without prejudice the above-captioned action and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By: owzi?o CATHY ANN C'HRO LAK, ESQ. MAUREEN A. DOWD, ESQ. BETH ARNOLD HOWELL, ESQ. CHRISTINE A. SAUNDERS, ESQ. Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 Sworn to and subscribed Before me this ay of2007. Notary P lic .PMMONWEALTH OF PENNSYLVANi dofiarial seal leather L. Hatfield, Notary Pub,.t. Cecil Twp., Washington County m)) Commission Expires June 29,201 C THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r CERTIFICATE OF SERVICE I, 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 6TH day of June, 2007. JANICE M. DIEHL RICHARD S. DIEHL C/O VICKI PIONTEK, ESQ. 24 WEST GOVERNER RD (RT.322) HERSHEY, PA 17033 Cathy Ann Chromulak, 19sq. Maureen A. Dowd, Esq. Beth Arnold Howell, Esq. Christine A. Saunders, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. n CY, co x` _