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HomeMy WebLinkAbout04-6055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 04 -1005.5 c'0L'-r~ Plaintiff, vs. TYPE OF PLEADING: Complaint JOHN C. MYERS, TYPE OF CASE: Defendant. Civil Action FILED ON BEHALF OF: Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendant's Address: 105 NORTH HIGH STREET NEWBURG, P A 17240 CATHY ANN CHROMULAK, ESQ. P A ill NO. 42067 SCOTT E. CRAWFORD, ESQ. P A ill NO. 89570 MELISSA A. SHENKEL PA ill NO. 91445 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4th Floor Canonsburg, P A 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, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY Plaintiff, CIVIL DIVISION Vs. No. JOHN C. MYERS 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, 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, Plaintiff, CIVIL DIVISION No. 04 - /';'05.5 {!/I"..>ll~- vs. JOHN C. MYERS, 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. JOHN C. MYERS is an adult individual residing at 105 NORTH HIGH STREET, NEWBURG, P A 17240. 3. On or about JUNE 5, 2001, 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 ATTEMIpT 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 SEPTEMBER 25,2003. 6. Pursuant to the terms ofthe 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 TWELVE THOUSAND, THREE HUNDRED SIXTY ONE 91/100 ($12,361.91) DOLLARS as of OCTOBER 19, 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 TWELVE THOUSAND, THREE HUNDRED SIXTY ONE 91/100 ($12,361.91) DOLLARS, with interest thereon at the rate of23.99% from OCTOBER 19,2004, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC BY~~~ CATHY ANN CHROMULAK, ESQ. P A ill NO. 42067 SCOTT E. eRA WFORD, ESQ. P A ill NO. 89570 MELISSA A. SHENKEL PA ill NO. 91445 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. PERSONAL CREDIT LINE ACCOUNT AGREEMEN'l (Page 1 of 3) LENDER (callcd "Wc", "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 983 WAYNE AVENUE CHAMBERSBURG PA 17201 BORROWERS (called "You", "Your") LOAN NO: 711716-26-503737 MYERS. JOHN C SS# 189606634 105 NORTH HIGH STREET NEWBURG PA 17240 ON PORTION OF AVERAGE DAIl.Y aALANCE I t:"~~~t~ RATE ANNUAL PERCENTAGE RATE: CREDIT LIMIT DATE OF LOAN . INITIAL ANNUAL SUIISEQUENT ANNUAL FEE FEE . 8100 06/05/01 .01 AND OVER 2.000 % _ 24.000 % "" "" In this Agreement, "you", "yo~r" 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 (" 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. Your Personal 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 may obtain any required insurance (rom anyone you. choose and may assign any other policy of insurance you own to c;over the security for this loan. You must have insurance covering security for this loan es indiceted by the word "YES. below. naming us e5105s peyee. Physicel demege Ulsurenco on vehicle listed under "Security" above. if "Y" appears under "Insured". Physical damage insurance on other property under "Security" above. if "Y" appears undtlr "Insured". NOTICE: SEE THE FOLLOWING PAGES FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ~~~~l~SOO F NRE 1111~Hlmnllllllllll 111111111111 PABS6311 MM8446489DL93RLA8000PAB5631 I EXHIBIT :4" ORIGINAL .F Personal Credit Line Account Agreement (P3J;c 2 of 3) AVAILABLE CREDIT. You may obtain funds directly from II. or through your .paclal check. up to your aveilabl. credit. Each ch.ck mu.t b. written for .t laut $100.00. Your .v.lIabla credit Is your cradlt limit I.hown on pall. onel 'a.. tha tot.' unpaid balance, including Flnanc. Charge.. of your Account. If you male. loan payments by check. we will .djust YPlll' av.lI.ble cr.Dlt .ev.n d.y. .fter wa rec.lv. your ch.ck to .1I0w for check cle.ring. If you r.quest funds In an amount that would caun you to .xc.ed your avallabl. cr.dit. w. .ra not oblill.tad to honor your raqu..t. If w. do I.nd you .n amount ov.r your .v.ilabl. cr.dit, you agr.. to p.y u. tll.t .xcass .mount, plu. Fln.nc. Charge. and Over the Cr.dlt Limit Charges, if any, imm.diately. PROMISE TO PAY. You promlsa to p.y lender: lei amount. borrowed under thl. Agreement; lbl Flnanoe Charga., Admlnl.tr.tive Charge. lIata charga, b.d chack oharge, and over the cr.dit limit chargel, and other oh.rges provldad in thl. Agreement; (0) cradlt in.urance charges, if any; Idl collaction costs parmlttad by applicabla law, Including raasonable .ttorn.y.' fe..; and (al .mount. In .xc... of your cr.dit limit that w. m.y land you. PAYMENT. You may repay your .ntlra outstandinv balance .t any time wIthout p.n.lty. You m.y not u.. your .p.ci.1 oh.ck. to pay IIny .mount. due IInd.r this Agr.ement. Becau.. the Fln.nc. Charge Is oomput.d e.ch d.y, you will oont.ot UI r.garding the .x.ct payoff IlmoUnt for the d.y you Intend to m.lt. full payment. If you do not p.y the entlr. unp.id blllllnce on your Aooount .t onoe, you .gr.. to pay lit least the Minimum Pllym.nt .hown an YOUT monthly stat.mlnt. PAYMENT AMOUNT. Th. monthly r.p.yment .mount, oon.l.tlng of Fin.nce Charge and Prlnclp.l, n.c....ry to compl.tely rep.y tha Principel B.I.nce .nd appllc.bl. Fln.no. Ch.rgll during the time period r.present.d by the P.yment F.ctor indioated below, anuming no additionll edvencas are taken. Your Initi.1 P.yment Amount I. calcul.ted u.ing the Pllym.nt F.ctor shown b.low. Ev.ry time you t.ke IIn additional c.sh .dv.nce, the Payment Amount on your Account will be reoalcul.tld using the Payment Factor shawn below. Onc. your Peyment Amount is d.t.rmln.d, this amount will ra",ain fixed for aublequent billing p.rlods until a new advlnce is posted to your IICcount. When this occurs, your Payment Amount will be rec.lculated based on the Paym.nt Fllctor of tha new principal b.r.noe. PAYMENT FACTOR. The time period In month. during which, If ellch P.yment Amount is paid on the Oue Date .pacified on the billing stat.ment, the PrIncipal Bal.nca .nd .ppllcabl. Financa Ch.rg. will ba fully repaid. The appropri.ta P.yment Faotor i. det.rmlnad with refer.nc. to the following schedule: PriDel,.1 P.y....t Bal..n Factar 1....0.1 So - $2,500 311 $2,501 . $5,000 80 $5,001 - $10,000 72 $10,001 . $15,000 84 MINIMUM PAYMENT. TIIa Minimum Monthly Peym.nt for .ny bl!lIng cycl. will be the greater of $26 or the Paym.nt Amount I.. describad IIbov.) plu. .ny Annual F.e. Inluranoe Ch.rge., Adminl.tr.tlve Charges and any amounts past due. APPLICATION OF PAYMENTS. Your paym.nt. an this Acoount ara appli.d in the fallowing ord.r. lei pest due In.uranc. oharge., if any, lb) past due F in.nce Charlie, leI past due addition.' charg.. .uch es B.d Ch.ck Ch.rgea, if any, (eI) p..t due Principal, lei ourrently due inaureno. charg.., If .ny, Ifl curr.ntly due Finance Charge, Igl currently dUe edditional charges such.. Bad Ch.ck Ch.rg.., if any, IbI curr.ntly due Principal. FINANCE CHARGE. The Fin.nce Ch.rlle I. the int.re.t charg.d on your Account during .ach billing cycle. A Finance Charge la c.lculeted from the d.te th.t ..ch advanc.. check or oharll. Is po.tad to your Account. A Fln.noe Charge Is computed by mUltiplying the averaga d.lly balance In your Account in each billing cycle time. the monthly periodic r.ta. Tha av.r.ge delly balance la det.rmlned by totaling all d.i1y unpaid bsl.nces in each billing cycle and dividing tha total by the IlIIlIIber of daya in that cycl.. A dally unp.id balanc. I. the Imount owed ..ch diY, e"cludlng any unpaid Finance Charg., Admlnl.rr.tiv. Chargel and credit insurance charges far prior billing cyoi... SECURITY. You agree to give us a security interut in the property Idantlfl.d on p.ge on., which will .ecure .11 indebtedn..., Including futura adv.ncas under this Agr..ment. ANNUAL FEE. You agr.e to pay an Annual Fe. far participation In this revolving credit plan. Th. Initial Annuel Fea stat.d on p.ga one II due .nd payabl. on the date that your Person. I Cradit Line Acoount I. est.bli.h.d and the Sub..quent Annu.1 F.. stat.d on page one i. dua .nd payable on the same d.y of ..oh .ub.equant year. You .llr.. that 1hase charge.. mey b. char gad to your Account Bal.nc.. BAD CHECK CHARGE. You will pay . f.. of $20 if eny p.yment check I. r.turned b.cau..e of in.ufflci.nt fund. or I. oth.rwi.e dishonored. You agr.1!' that Lend.r m.y d.duct this oharga from . monthly paym.nt. LATE CHARGE. If you do not pay the Minimum ".yment within 15 daYI after the due date shown on your billing stat.ment, we will eharga you a late oharS. equa' to the gr.atar of 10% of the p.yment .mount or $20.00. OVER THE CREDIT liMIT CHARGE. We msy charg. you $25.00 if you I..u. a .paclal ch.ck for which you do not have sufflciant available er.dit and which I. return.d to u. by the benk on which It is drawn. OTHER CHARGES. You a"r.. to pay .ny .mount IICtually Incurred by U. in connection with' the Personal Credit line Acco\lflt for person. I property talCe. and reoordlng .nd r.I.... f.... You .gre. that the.. r... may b. ch.rgad to your Account b.lance. eXCHANGE OF INFORMATION. You underst.nd that from time to time we may r.c.lva credit Information conoarnlng you from oth.,.. .uoh al .tor... oth.r lend.rl, .nd cr.dlt reporting .llenoi... You euthorlze us to share any information, on a regular b.III, we obt.ln relat.d to your Account. inoludlns but not limited to or.dit r.port. end Inlur.nce Inform.tlon, with .ny of our .fflliatad corporations, sub.ldl.rles or otl\er third pertl.s. The use. of this information m.y Includ. an inquiry to det.rmina If you qualify for sddltion.1 off.rs ot or.dlt, You .110 authorize UI to sh.re any Inform.tion regerdlng your Account with .ny of our afflli.ted corpor.tlon.. .ublldi.rl.. or oth.r third parti... Y.. 'ISY 'r....lt tII. .hrl., ., Sid IIIf.r...U.. (except fir till ....... of l.for..Un .h.t fnu.ctln. IT e.,erleulS <..t.... as ... yul 'y "'.'Ig e wrlttu r.qe..t ."ck c.ltall. yur 'III ....e, Soel.1 Sanrlty .....r II' A"r... ta a. .t P.O. lex 1&47, ~hIlP"'., VA 233Z0. If you fall to fulfIll the terms of your <<edit oblivatlon, a negative report reflecting on your credit record m.y be submittad to . Cr.dit R.porting Agency. You agr.. th.t the Departmant of Motor Vehicles lor your st.te'. equlval.nt of .uch deplrtment! may r.la... your re.id.nce addr.a. fo U., should It b.com. n.c....ry to locat. you. You agr,!a that our .upervllory personn.1 m.y listen to t.lephone c.llo betw.en you &/lIS our repre.entatlve. in ordar to a"eluate the quality of our lervlo. to you. TERUINfoTION AIO CHA.CEII I" THE AIlREEYEIT. WI cn tlr.h.ta yur rl.llt ta . IlItale ...,U...I ......cu .r chl.e tt.o tor.. af tills A.r.....t. 1.e1..'.. 'Icr.ul.. tlla rat. .f Fill.C. C"r.. d I.y ti... Prl.r wrltt.. e.t/ce' will III pr.v'.... to Y" .hl rlll,'rd 'Y .ppllcable II. u'a.. YDI c...ut ta tile ell.lgI 'ef.re tll.t tl... tll..gu ..y .pply .tD II." ... ... ntate..,.. ".Iue.. IDlul ,r..lllite. II, .,plln.,. la.. DEFAULT AND CANCELLATION OF AGREEMENT, W. h.ve the right to require you to poy your entlr. b.l.nce plul ell oth.r aCllt'ued but unpaid charg.1 Immediat.ly .nd to cancel your oredit privilege. \Inder tl\ls AV1'eemllllt because of lei failure to make eny peyment in full within 30 days after due und.r this Agreement; lbl frequent overdraw!ng of your IIn. of or.dit; leI f.llur. to .upply u. with .ny information raqua.ted; lei) .upplylng ua wIth misl..ding. fa'.I, .incompl.ta or lnolirrect Information; 1.1 br.eklng any of the proml..., term. or conditions that are contained In this Agraement; If! the fillng of e b.nkruptcy petition by or agaln.t you; Ig) the de.th of .ny borrowar who .ign. thll Agr..ment. After d.fault, you will pey our oourt costa, r...on.ble attorney fees /If attorney I. not our .a'aried employ..I, .nd otll.r collect/an oo.t. rel.t.d to tha d.feult, if not prohibit.d by epplicable 'aw. You agree thet, .hould w. obtein judgm.nt ag.in.t yo...; a portion of your di.posabla elrningl m.y be attached or gunl.h.d (paid to us by your employer), es prOVided by Federal illW. Any b.lanoe out.t.nding under this Agr.ement when the credit limit I. termin.ted will cont/nue to accrue int.....t at the contr.ct . rlta until p.id in full. You .gr.e to pay interest on any Judgment .t the contract r.te. YOUR BIUI"G RIGHTS. aup THIS .DTICE FOR FUTURE USE. Thi. notice cont.ln. import.nt inform.tlon about your right. end l.nder's responslbliltias under the Fair Credit 81111ng Act. Nctlfy L.der Ie tu. If Errln .r D..stI... Ahat Ynr Bill. If you think your bill is wrong, or if you need mora information .bout a transaction on your bill, _Ite Lender on e seperete sheet at th.. adefte.. Ii'ted on your bill after the words: "Send your billing error notice to: /l.nder's n.me and eddr.sl). H Wr lte to Linder as soon IS poulble. Lender mUlt hear from you no later than 80 dey. aft.r L.nder ..nt you the first bill on which the .rror or probl.m appeared. You o.n t.lephone L.nd.r, but doing 00 will not pr..erve your rights. In your latter, giva lender the follOWing information: 11 Your name end account numbar 21 Th. doliIII' emount of tha lusp.cted arror 31 Oesorib. the .rror and explain. if you can, why you believe th.r. i. .n error. If you n..d more information, d..orlb. the Item you ar. not sur. about. NOTICE: SEE THE FOLLOWING PAGE FOR ADDmONAl PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BIlLING ERRORS. ' 03-01-00 F NRE PABSB312 IIEWllllllltlmllllllll_IIIIIJIIHIIIIIII~U ~8446489DL93RLA8000PAB56312DM~ERS M ORIG1NAL Personal Credit Line Account Agreement (Page 3 of 3) h.r ."bS II. L.I..r'. R......I"lIlll.. An.r L....r In.lv.. Yur Wrltt.. Rotlce. l.nd.r must IIclcnowledfe your letter within 3D day.. unl.ss Lender has correct.d the .rror by then. Within 90 day.. Lender must .ither eorrllct the error or axplllin why Lendar bell.ves the bill was eorraet. After Lender rllcelve. your lettllr, Lllnder cannot try to collllct any IImount you Qu.stion, or report you as dlllinqullnt. L.nder can contlnu. to bill you for the .mount you question. Including financ. c:oh.rge.. and Lender clln apply any unp.ld Imount against your cr.dit limit. You do not have to pay .ny questioned amount willie Lend.r Is Inve.tlllatlng, but you are .tlll obligat.d to pay the pa"S of your bill thet ar. not In que.tlon. If Lender find$ thet L.nd.r med. a ml.tak. on your bill. you will not have to p.y any fin.nce ch.rges releted to any questIoned amount. If Land.r did not make a mistake. you may have to p.y fin.ne. charlie.. .nd you will h.ve to meke up any miss.d payments on the qu.stioned amount. In either c.... L.nd.r will ..nd you I stltemant of the amount you awe and the date th.t it is due. If you fail to pay the amount th.t Lender thlnh you owe. Lend.r m.y repo" you .s d.lInquent. Howev.r. if Lend'r'. explanetion do.. not .etisfy you .nd you writ. to Lend.r within ten deys tell inll Lend.r th.t you stili r.fus. to p.y, L.nd.r must tllll anyone L.nd.r r.po"_ you to th.t you h.ve . qu.stlon .bout your bill. Ancl. Len d.r must tllll you the n.m. of .nyon. L.ndllr reported you tll Lend.r must tell anyone Lender r.po"s you to that the m.lter haa b.en s.ttled between u. wh.n it fln.lly 1..lf Lender dOlln't follow th.se rul... Lender can't collect the first $SO of the qu..tioned amount, .v.n if your bill was correct. If L.nd.r doesn't fallow th... rules, Lend.r can't collect the first $50 of the question.d emount, even If your bill wee corr.ct. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDER, The terms of the Arbitration Agreement end eny other Riders sIgned lIS psrt af this loan transaction ar. incorporated into this Agreement by referenca, APPLICABLE LAW. TM terllltl snd conditlona of thl. A;reement will be ;ov.rned by tM provlslGlls of tha Pennsylvania Consumer Discount Compeny Act, Ch.pter 7. Sectlona 8201 through 8221. Purdon'. Pennsylvenla Stetute. AMotet.d. particularly Section 8217. Before sigoing lhis Agreemenl, you have read and received this Agreement and the Federal Truth-In-Lending disclosures contained in it. You, ehe customer(s) signing below, .gree to observe the terms and conditions of Chis Agreement. 1le:t1# Date: t.. 5 - 0 ( (SBAL) w;,.-.r&-~~ (SBAL) 03-01-00 F NRE (SBAL) Customor Signature Date: Wieness: (SEAL) PAB56313 ~84464890L93RlA8000PAB563130M~ERS 11II111111111~llllmllllmmllmlllllllllll~~1 ORIGlmL M VERIFICATION Patricia Garcia, Recover Specialist for Beneficial COnsumer Discount COmpany Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unS'A.. ':' falsification to authorities, that the facts set forth in the forgoing Complaint are true an,: correct to the best of her knowledge, information and belief. ti( r. Gi J(JllA 0 --- Patricia Garcia November 29, 2004 Date ~ fl ~ CI( ........ ..c Vi ~ ~ f' ...0 \' -:E ~ ~ ~ ~. ":') , ,.J..r'" C) '" c: C:> .';:...~ c'." 0 _ .i::.~:" -n ~.., rn ...:J , -rt ,...., :.dcJ q(I ~ :i; ~~ r::> (~) 11 .&;_ ;..;1 ~o :~ a P", C') , N 1;) COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY CIVIL DIVISION No. 04-6055 CNIL TERM Plaintiff, TYPE OF PLEADING: vs. Acceptance of Service JOHN C. MEYERS, TYPE OF CASE: Defendant. Civil Action FILED ON nEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PAID NO. 42067 SCOTT E. eRA WFORD, ESQ. P A IDNO. 89570 CHROMUIAK & ASSOCIATES, LLC Defendant's Address: 105 NORTH HIGH STREET NEWBURG, P A 17240 375 SouthpoLnte Boulevard 4th Floor Canonsburg, P A 15317 (724) 916-2400 Gi THIS IS AN ATTEMPT TO C:OLLECT A DEBT AND ANY INI:ORMATION OBTAINED WILL BE: USED FOR THAT PURPOSE. COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYL VANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 04-6055 CIVIL TERM Plaintiff, VS. JOHN C. MEYERS, Defendant. ACCEPTANCE OF SERVICE Date: I, JOHN C. MEYERS, accept service of the Complain on behalf of myself. Il~ i"J ..c.'-t () j ~ .1 ~ NEW:HUR THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (') .-...) c=:> r) c: <::::) ;::'i'! ~;p .r- -oi5.J 0 --I o;! r r' ITl :I-n -tf-~.~ ....1._' n flip Zl. N 339 cr, > .:.< ~.;. U) SC) ~c -0 -TO -r'~ ~C: (5:D :x .-r, C) ~O '<:-CTJ c: 9 ~ C> ~)o .:0 W .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. 04-6055 CIVIL TERM Plaintiff, vs. TYPE OF PLEADING: JOHN C. MYERS, Praecipe For Entry Of Consent To Judgment Defendant. TYPE OF CASE: Civil Action Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY Defendant's Address: 105 NORTH HIGH STREET NEWBURG, PA 17240 COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PAID NO. 42067 MELISSA A. SHENKEL, ESQ. PAIDNO.91445 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, P A 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 No. 04-6055 CIVIL TERM Plaintiff, vs. JOHN C. MYERS, Defendant. PRAECIPE FOR ENTRY OF CONSENT TO JUDGMENT TO PROTHONOTARY: Please enter judgment in favor of Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY and against Defendant, JOHN C. MYERS, in the amount of TWELVE THOUSAND EIGHT HUNDRED TWENTY-EIGHT AND 55/100 ($12,828.55), with interest thereon at the legal rate of 6% from DECEMBER 29, 2004, as evidenced by the Consent to Judgment attached hereto as Exhibit A. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.c. 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 CIVIL DIVISION DISCOUNT COMPANY, No. 04-6055 CIVIL TERM v s. Plaintiff, JOHN C. MYERS Defendant. CONSENT TO JUDGMENT AND NOW, to wit, this consent of all parties and their res o day of ~O oS' , 2004, with the tive counsel, it is agreed as follows: L Judgment shall be and is hereby entered against Defendant JOHN C. MYERS in the amount of TWEL VB THOUSAND EIGHT HUNDRED TWENTY-EIGHT AND 55/100 ($12,828.55) DOLLARS plus interest on the unpaid balance at the rate of 6% per annum commencing on DECEMBER 29,2004. 2. Defendant JOHN C. MYERS agrees to make payments to Plaintiff BENEFICIAL CONSUMER DISCOUNT COMPANY in the amount of FOUR HUNDRED AND 00/100 ($400.00) DOLLARS on or before the 26TH day of each month for THIRTY-SIX (36) consecutive months, until the entire debt owing Plaintiff is paid in full. The first payment s~all be due on or before JANUARY 26, 2005. , 3. Payments shall be sent to Plaintiff BENEFICIAL CONSUMER DISCOUNT COMPANY in care ofChromulak & Associates, LLC., 375 Southpointe Boulevard, 4th Floor, CaIlonsburg, P A 15317, or any other address Plaintiff BENEFICIAL CONsu~IER DISCOUNT COMPANY may later designate. EXHIBIT I A 4. Defendant JOHN C. MYERS has induced Plaintiff BENEFICIAL CONSUMER DISCOUNT COMPANY, and Plaintiff BENEFICIAL CONSUMER DIscoUNT COMPANY agrees to forbear in the enforcement of its rights.ag~mIher so long as Defendant JOHN C. MYERS makes timely payment. If Defendant JOHN C. MYERS fails to make timely payment, then Plaintiff BENEFICIAL CONSUMER DISCOUNT COMPANY may institute or take all steps necessary, appropriate or helpful to collect the judgment, represented hereby, together with the Plaintiffs costs of collection and attorneys fees therefore. AND NOW, on the date written above, the parties set forth their hands and seals as follows: Witness THIS IS AN ATTEMPT TO COLLECT A Df'BT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CERTIFICATE OF SERVICE I, Melissa A. Shenkel, Esquire, counsel for Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF CONSENT TO JUDGMENT was served upon the following by United States First Class Mail, postage prepaid on this $- day of ;;'h~r ,2005: JOHN C. MYERS 105 NORTH HIGH STREET NEWBURG, PAl 7240 ~~~ Melissa A. Shenkel, Esq. 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 Plaintiff, CIVIL mVI~ION No. 04-6055 <;:;IVIL TERM BENEFICIAL CONSUMER DISCOUNT COMPANY, vs. TYPE OF PLEADING: JOHN C. MYERS, Praecipe to Satisfy Judgment Defendant. TYPE OF CASE: Civil Action Plaintiff's Address: 2700 Sanders Road Prospect Heights, IL 60070 FILED ON B~HALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: CATHY ANN CHROMULAK, ESQ. PAID NO. 42067 LORI M. maENZO, ESQ. PA ID NO. 201843 AMY L. SABOLCHICK, ESQ. PA ID NO. 94653 ANNA M. BONARRIGO, ESQ. PAID NO. 202070 CHROMULAK & ASSOCIATES, L.L.C. 375 Southpointe Boulevard 4th Floor Canonsburg, PAl5317 (724) 916-2400 HIS IS AN ATTEMPT TO C LLECT A DEBT AND ANY INF'RMATlON OBTAINED WILL BE SED FOR THAT PURPOSE. '- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DM~ION No. 04-6055 IVIL TERM Plaintiff, vs. JOHN C. MYERS, Defendant. PRAECIPE TO SATISFY JUDGMENT TO PROTHONOTARY: Please satisfy the judgment against JOHN C. MYERS, at No. 04-6055 CIVIL TERM, and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. ~~~ CATHY ANN CHR(!)MUL SQ. PAID NO. 42067 LORI M. DIRENZO, ESQ. PAID NO. 201843 AMY L. SABOLCHICK, ESQ. PA ID NO. 94653 ANNA M. BONARRIGO, ESQ. PA ID NO. 202070 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 Sworn to and subscribed Before me this ~() day of , 2006. EA\: OF P N YLVANIA Notarial Seal tIkIleIIe L Wolota, NolaIy Pt.tlIc CecIl Twp" WashlrQllln Clu1l)' MyCommlssion F><PIreSJl.Iy7,2OOll Member, PeMsylvani. Association 01 Notal1es HIS IS AN ATTEMPT TO C LLECT A DEBT AND ANY INF ATION OBTAINED WILL BE SED FOR THAT PURPOSE. .- . I - . CERTIFICATE OF SERVICE I, counsel for BENEFICIAL CONSUMER DISCOUNT COMPANY, hereby certify that a true and correct copy of the foregoing Praecipe to Satisfy Judgment was served upon the following by First Class Mail, postage prepaid on this 20th day of July, 2006. JOHN C. MYERS 105 NORTH HIGH STREET NEWBURG, P A 17240 Cathy Ann Chromulak, Esq. Lori M. DiRenzo, Esq. Amy L. Sabolchick, Esq. Anna M. Bonarrigo, Esq. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INIORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,~ :-:1 fr,'1 "',~ ,~- (:"? C::> t-,-'