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HomeMy WebLinkAbout14-7384 -upreme CO, w 'ennsylvania COUCm o leas For Prothonotary Use Only: 1-14 ' . ` IC+ � `t Docket No: ��t/I CCounty G The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S !X' Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction Declaration of Taking E I C Lead Plaintiff's Name: Lead Defendant's Name: United Guaranty Commercial Insurance Company of Noig WHITNEY L BIELAWA T I I Are money damages requested? xi Yes No Dollar Amount Requested: E within arbitration limits 0 0 (check one) []outside arbitration limits N Is this a Class Action Suit? ®Yes ix No Is this an MDJAppeal? [3 Yes E] No A Name of Plaintiff/Appellant's Attorney: Demetrios Tsarouhis 143315 Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) iF__ Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle Debt Collection:Other 0 Board of Elections Nuisance Dept.of Transportation S Premises Liability Statutory Appeal:Other Product Liability(does not include L'j mass tort) � Employment Dispute: Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other Zoning Board ! T Other: I Other: ! O MASS TORT 0 Asbestos i. N Tobacco ® Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment Other: J [I Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental Partition � 0 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: i C Other Professional: Updated 1/1/2011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW United Guaranty Commercial Insurance C, Company of North Carolina Plaintiff 0. !V J WHITNEY L BIELAWA and STANLEY BIELAWA y�i1 Defendant : 143315.001 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 maybe 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania- telephone number 717-249-3166 S COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION–LAW United Guaranty Commercial : InsuranceCompany of North Carolina Plaintiff V. No. WHITNEY L BIELAWA and STANLEY BIELAWA Defendant 143315.001 COMPLAINT 1. The Plaintiff,United Guaranty Commercial Insurance Company of North Carolina,is a corporation duly organized by law and having a usual place of business at 230 North Elm Street, Greensboro NC 27401. 2. The Defendant, WHITNEY L BIELAWA (hereinafter the "Defendant"), is a Pennsylvania resident having a principal residence at 427 S FREDERICK STREET, MECHANICSBURG PA 17055. 3. The Defendant, STANLEY BIELAWA (hereinafter the "Defendant"), is a Pennsylvania resident having a principal residence at 427 S FREDERICK STREET, MECHANICSBURG PA 17055. 4. The Defendant, STANLEY BIELAWA is a co-signer to the promissary note as EXHIBIT A. COUNT I—BREACH OF CONTRACT 5. On or about September 4,2008,the Defendant entered into,executed and delivered to Plaintiff a private loan credit application in which s/he promised to repay the amount of 3 $11,000.00. A copy of the Original Application and Promissory Note is attached hereto and incorporated herein by reference as EXHIBIT A. 6. Defendant 'was subsequently approved and received $ under loan number ******7977. 7. The Promissory Note was subsequently assigned to Jefferson Capital Systems,LLC. A copy of the Assignment is attached hereto and incorporated herein by reference as EXHIBIT B. 8. Thereafter, the Defendant defaulted under the terms of the note by, among other things,the Defendant's failure to pay all sums as and when due thereunder. 9. The Plaintiff made demand upon the Defendant for payment in full of the balance due to the Plaintiff. 10. The Defendant has failed, refused or neglected to fully pay the balance due to the Plaintiff. 11. The Defendant thus owes the Plaintiff the sum of$12,237.75. A copy of the loan history is attached hereto and incorporated herein by reference as EXHIBIT B. 12. Pursuant to the Note,Plaintiff is entitled to collect reasonable attorneys'fees up in the event of default. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of$12,237.75 due on the account; b) Reasonable attorneys' fees; c) Costs of suit; and d) Any other relief as the Court deems just and appropriate. 4 COUNT II Alternative to Count I-Unjust Enrichment 10. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 11. At Defendant's request,Plaintiff conferred abenefit upon Defendantbyprovidingthe loan described in the exhibits attached hereto. 12. Defendant received and accepted the benefits of said loan provided by Plaintiff. 13. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid loan to Defendant and that Plaintiff expected to be paid for such. 14. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said loan and to incur damages. 15. At all times material hereto,Defendant were unjustly enriched by retainingthe benefit of receiving money under said loan without paying Plaintiff fair and reasonable compensation. 16. Allowing Defendant to retain the benefit of said loan without paying fair compensation would be unjust. 17. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff s expense,an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the loan described in the exhibits attached hereto in the amount of $12,237.75. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of$12,237.75 due on the account; b) Reasonable attorneys' fees; 5 C) Costs of suit; d) Any other relief as the Court deems just and appropriate Respectfully Submitted, DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9th Street—Suite 200 Allentown, PA 18102 610-628-2440 Date: December 19, 2014 143315.001 6 SEP 1 1 2MB 201060 09824 NON-NEGOTIABLE CONSUMER PROMISSORY NOTE ! (Student Borrower Copy) -TIVOC r INFORMATION (Note:Student must be the legal age of majority or at least 17 vc=of age with a Cosigner who is Icgat age of majority.) Name: WHITNEY L BIELAWA Street Address: 127 W WATER ST APT A City/State/Zip: SLIPPERY ROCK,PA 160571035 Home Telephone Number. 1 -1723 By providing this information you agree to the use of this Work Telephone Number.( informotlon to contactyou at any time,unless such Mobile Telephone Number: _ '--� copr fis-sabsequently withdrawn. Social Security Number. 1840 to of Birt : 1986 Student's Citizenship: / ®U.S.C' ' n ❑Eligible Non-Citizen LOA\AND SC1100L INFORMATION School Name:SLIPPERY ROCK UNIV OF PAZ School City and State:Slippery Rock,PA Academic Period Begins:08/01/2008 •�Aeeademic Period Ends:05/31/2009 Loan Amount Requested: S 11,000.00 Repayment Finance Charge:0.00%ofta original Principal Amount of the Loan Margin: 2.5011/9 Variable Interest Rate: 1-month LIBOR+Margin Repayment Option: ©Full Deferral O Immediate Repayment O Interest Only STUDENT REFERENCES (Note: Personal reference name and address cannot match that of the Student or any Cosigner. Reference must be the legal age of majority.) ! Name: BRENDA L ROSSI Street Address: 3 HOLLY DR Ciry/State/Zip: NEW CUMBERLAND,PA 170702304 i Home Telephone Number. -0353 ' Work Telephone Number:(___-___) 3� IMobile Telephone Number. - Name: BONNIE L RITTER Street Address: 318 MILLER ROAD City/State/Zip: MECHANICSBURG,PA I7055 Home Telephone Number: 1_-9706 Work Telephone Number.(t Mobile Telephone Number(__ ' DEFINED TERMS Unless otherwise indicated herein, the following terms will have the following meanings when used in this Non-Negotiable Consumer Promissory Note (this "h="). j", "a", "mi", "mine' and orrower" mean the person who signs this Note as Borrower. The words "y&u", "YOur", ou ", and"Lender" mean SunTrust Bank, its successors and assigns, and any other holder of this Note. The "mag" means the loan requested in this Note. The"&11221"means the school named on the first page of this Note or any successor school acceptable to you. The"Stude "means the student named on the first page of this Note. The " rvicer" means American Education Services or any other entity you designate to service the Loan. The "Cosigner"means any person that signs this Note,a counterpart of this Note or any version of this Note designated as the"Cosigner Copy". The"Disbursement Date"means the date or dates on which you lend money to any Cosigner(s)and me and will be the date shown on any Loan check or the date you initiate any electronic funds transfer to the School. The "Deferment Period"will begin on the Disbursement Date and end on the Deferment End Date. The"Deferment End Date"means(a)irthe Student is enrolled in a degree or certificate-granting program at the School.Ilse earlier of the date which is (1) 180 days after the Student graduates or earns the degree or certificate, (ii) 180 days after the Student ceases to be enrolled at the School at least half time or(iii)5'/a years after the first Disbursement Date or(b) 000742 WBt)I0H24ZFN 1 • 202480 09820 ENTIRE AGREEMENT; ELECTRONIC SIGNATURES. By my signature, I certify that I have received a completed copy of this Note and have read, understand and agee to the terms of and undertake the obligations set forth on all/eleven(l/)paged of this Note. I understand that any person who knowingly makes a false statement or misrepresentation on this Note is subject to penalties, which may include fines or imprisonment. This Note is isigned under seal. I understand that I am not required to fax my signature nor sign electronically this Note and any related notices that require signature. 1 understand how,upon request to you, I can obtain a copy of an electronic record and be informed of whether there is a charge for such copy. If 1 choose to fax my signature on or to sign electronically this Note and any related notices that require signature, 1 intend:(i)my fax or electronic signature to be an electronic signature under applicable federal and state law,(it)any fax,printout or printout of your electronic record of this Note and related notices to be an original document,(iii)to conduct business with you by electronic records and electronic signatures until 1 notify you Thal 1 withdraw the consent to conduct business in an electronic format,(iv)to keep you updated of any change in information needed to contact me electronically;and(v)that this Note will not be governed by Article 3 of the Uniform Commercial Code,and my obligations under this Note will not be subject to,but any transfer of my obligations will be subject to,Article 9 of the Uniform Commercial Code. I hereby confirm that I have the ability to access information in the electronic format that you have informed me will be used to conduct business with you and understated that you will inform me of any change in hardware or software requirements for access to and retention of the electronic records and that I have the right to withdraw my consent to conduct business electronically without imposition of any fees for such withdrawal due to these changes in hardware or software requirements. For purposes of the following notices,the words you'or your"refer to the Borrower,not the lender. FOR ALABAMA RESIDENTS: CAUTION — IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. FOR KANSAS AND NEBRASKA RESIDENTS:NOTICE TO CONSUMER: I.DO NOT SIGN THIS NOTE BEFORE YOU READ IT. 2. YOU ARE ENTITLED TO A COPY OF THIS NOTE.3. YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAY BE ENTITLED TO RECEIVE A REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH LAW. FOR VERMONT RESIDENTS: BY SIGNING THIS NOTE, YOU CONSENT TO THE LENDER OBTAINING YOUR CONSUMER REPORT FROM A CONSUMER REPORTING AGENCY. FOR WISCONSIN RESIDENTS-NOTICE TO CUSTOMER: (a) DO NOT SIGN THIS NOTE BEFORE YOU READ THE WRITING ON THE PRECEDING PAGES, EVEN IF OTHERWISE ADVISED. (b) DO NOT SIGN THIS NOTE IF IT CONTAINS ANY BLANK SPACES. (c) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. (d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID 13ALANCE UNDER THIS NOTE AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE. U Signature of Borrower (Seal) pate { 0� 000742 WBO I OH24ZFN MS IS THE TRUE AND JACT COPY OF THE ORIGI=11k—r1aL ISSORY NOTE COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ON NIS DSTEPHANIE B blit R Notary PuDtlt: Harrisburg city, Dauphin Cou]2014 My Commission Expires Sep 22. )0 20208 009261 - ` SEP 4 4 2 A NON-NEGOTIABLE CONSUMER PROMISSORY(VOTE (Cosigner Copy) COSIGNER i\FORMATION (Note:Cosigner must be legal age of majority.) Name- STANLEY BIELAWA Street Address: 111 W COOVER ST REAR City/Slate/Zip: MECHANICSBURG,PA 170556434 vJdurB this information you agree the use of this Home Telephone Number. (' -1721 By pro Work Telephone Number:L) information to contact you of any time,unless such Mobile Telephone Number.(_)� consent is subseauenfly withdrawn. Social Security Number: •5243 Date of Birth: '1950 Cosigner's Citizenship: ®U.S.Citizen Q Eligible Nun-Citizcn f STUDFhT INFORMATIO,Y (Note:Student must be the legal age of majority or at(cast 17 years of age with a Cosigner who is legal aae Of majority.) Name: WHITNEY L BIELAWA Street Address: 127 W WATER ST APT A City/State/Zip: SLIPPERY ROCK.PA 160571035 By providing this Information you agree to the use of this Home Telephone Number. W723 _- information to contact yop of any time,unless such Work Telephone Number'(_ ) (—)_ consent is subseouurtly withdrawn. Telephone Number: Social Security Number. -1840 Date of Birth: 11986 Student's Citizenship: U.S-Citizen D Eligible Non-Citizen LOAD AND SCHOOL INFORMATION School Name: SLIPPERY ROCK UNIV OF PA School City and State: Slippery Rock,PA Academic Period Ends: 05/31/2009 Academic Period Begins: 08/01/2008 Loan Amount Requested: S 11,000 Loan repayment Fee:0.00%of the original Principal Amount of the Loan Margin:2.50'/6 Variable Interest Rate: )-month LIBOR+Margin Repayment Option: ®Full Deferral ❑immediate Repayment Q Interest Only COSIGNER REFERENCES (Note: Personal reference name and address cannot match that of the Student,the Cosigner or any outer Cosigner. Reference must be the legal age of majority.) Name: f%vLe4{t 131ClC10 �bLL Sy Street Address: 1.141 aW 4 S+ P City/State/Zip: !JA)Jf i CQ$t• A,A 116;14 f Horne r.e Telephone Number _ y 2 l L Work Telephone Number. - !�4— Mobile Telephone Number. t .B 0 r . 000742WB01OH24ZFN I 20148 009261 ENTIRE AGREEMENT; ELECTRONIC SIGNATURES. By my signature,I certify that I have received a completed copy of this Note and have read,understand and agree to The terms of and undertake the obligations set forth on all/eleven(11)pages/of this Note. I understand that any person who knowingly makes a false statement or misrepresentation on this Note is subject to penalties,which may include fines or imprisonment. This Note is signed under seal. 1 understand that I am not required to fax my signature on nor to sign electronically this Note and any related notices that require signature. I understand how,upon request to you,I can obtain a copy of an electronic record and be informed of whether there is a charge for such copy. If I choose to tax my signature on or to sign electronically this Note and any related notices that require signature,1 intend:(i)my fax or electronic signature to be an electronic signature under applicable federal and state law,(ii)any fax printout or printout of your electronic record of this Note and related notices to be an original document,(iii)to conduct business with you by electronic records and electronic signatures until I notify you that 1 withdraw the consent to conduct business in an electronic format,(iv)to keep you updated of any change in information needed to contact me electronically;and(v) that this Note will not be governed by Article 3 of the Uniform Commercial Code,and my obligations under this Note will not be subject to,but any transfer of my obligations will be subject to,Article 9 of the Uniform Commercial Code. I hereby confirm that 1 have the ability to access information in the electronic format that you have informed me will be used to conduct business with you and understand that you will inform me of any change in hardware or software requirements for access to and retention of the electronic records and that I have the right to withdraw my consent to conduct business electronically without imposition of any fees for such withdrawal due to these changes in hardware or software requirements. For purposes of the following notices,the words`you"or"your"refer to the Cosigner,not the Lender. FOR ALABAMA RESIDENTS: CAUTION — IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. FOR KANSAS AND NEBRASKA RESIDENTS:NOTICE TO CONSUMER: 1.DO NOT SIGN THIS NOTE BEFORE YOU READ IT.2.YOU ARE ENTITLED TO A COPY OF THIS NOTE.3. YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAY BE ENTITLED TO RECEIVE A REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH LAW. FOR VERMONT RESIDENTS: BY SIGNING THIS NOTE, YOU CONSENT TO THE LENDER OBTAINING YOUR CONSUMER REPORT FROM A CONSUMER REPORTING AGENCY. NOTICE TO CO-SIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. 1F THE BORROWER DOES NOT PAY. THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. FOR WISCONSIN RESIDENTS-NOTICE TO CUSTOMER: (a) DO NOT SIGN THIS NOTE BEFORE YOU READ THE WRITING ON THE PRECEDING PAGES, EVEN IF OTHERWISE ADVISED. (b) DO NOT SIGN THIS NOTE IF IT CONTAINS ANY BLANK SPACES. i (c) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN_ (d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE UNDER THIS NOTE AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE. Signature of Cosigner ajb!!�(Seal) Datc&Af 0 u7p /IMBULEOF4 00742 WBO l ON24ZFN COMMONWEALTH OF PENNSYLVANIA TNIkE ND EXACT COPY =commission L SEAL B KLINGER OFROMISSORY NOTE Public Oaupnin County ��AY o ires Sep 22. 2014 ON THIS I 1�Si,.,tr U 72WO5 TRANSFER OF OWNERSHIP This Transfer of Ownership between American Education Services and United Guaranty Commercial Insurance Com ny of North Carolina for the Borrower and loan(``s))listed below: [` +lf � ��l Borrower Name SSN: /0 a United Guaranty Certificate Number: 3 . 3.K3d-7971 71 LOAN NUMBER CURRENT PRINCIPAL INTEREST BALANCE BALANCE American Education Servide hereby transfers ownership to United Guaranty Commercial Insurance Company Of North Carolina(United Guaranty)all of its rights,title and interest in and to the defaulted SunTrust Borrower loan(s)indicated above which will be delivered to United Guaranty in exchange for payment of the claim(s) made by American Education Services pursuant to the SunTrust Program Manual. The transfer of the above captioned defaulted SunTrust Borrower loan(s)shall Be complete upon the delivery of the original loan documcni(s)to United Guaranty and upon receipt of the claim payment(s)by American Education Services Claims Unit. American Education Services and SunTrust _further transfers all of it's rights,title and interest in and to any cause of action against original obligor of the loan(s)consisting of the unpaid balance,interest,cost and attorney fees,upon receipt of claim payment(s). American Education Servic c and SunTrust disclaims any and all liability with regard to the defaulted SunTrust _ Borrower loan(s)as a result of any action,inaction or occurrence taken after the point of transfer. Dated thisDay of A011 By American Education Services �gll e t Coordinator Signature Swom to before me thisY Day of Notary Public My Commission Expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL S At STEPHANIE a KLINGER Notaty Public Harrisburg City, Dauphin County My Commission Expires Sep 22. 2014 L VERIFICATION I, Demetrios H. Tsarouhis, Esquire, verify that the statements contained in the aforementioned COMPLAINT are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec.4904 relating to unsworn falsification to authorities. By: Demetrios H. Tsarouhis, Esquire Date: December 19, 2014 143315.001 7