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HomeMy WebLinkAbout05-3391 = IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION No. OS ~ 331 J ~J~ Plaintiff, vs. TYPE OF PLEADING: Complaint EDWARD P. THOMAS, TYPE OF CASE: Defendant. Civil Action FILED ON BEHALF OF: Plaintiffs Address: 2700 Sanders Road Prospect Heights, 1L 60070 BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Defendant's Address: 711 SINCLAIR ROAD MECHANICSBURG, PA 17055 CATHY ANN CHROMULAK, ESQ. PA ID NO. 42067 MELISSA A. SHENKEL, ESQ. PA ID NO. 91445 CHROMULAK & ASSOCIATES, LLC 375 Southpointe Boulevard 4th Floor Canonsburg, PA 15317 (n4) 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. EDWARDP. THOMAS 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, CIVIL DIVISION Plaintiff, No. DS--.3.3 9 I ~~ vs. EDWARD P. THOMAS, Defendant. COMPLAINT AND NOW COMES, the Plaintiff, BENEFICIAL CONSUMER DISCOUNT COMPANY, by its Attomeys, 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. EDWARD P. THOMAS is an adult individual residing at 711 SINCLAIR ROAD, MECHANICS BURG, P A 17055. 3. On or about DECEMBER 12, 2002, 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 NOVEMBER 5, 2004. 6. Pursuant to the terms of the Loan Agreement, PJaintiffhas 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 SIX THOUSAND, THREE HUNDRED THREE 79/100 ($6,303.79) DOLLARS as ofMA Y 24, 2005. 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 SIX THOUSAND, THREE HUNDRED THREE 79/100 ($6,303.79) DOLLARS, plus court costs and attorney's fees. Respectfully submitted, Chromulak & Associates, LLC By:A~ .... CATHY ANN CHROMULAK, ESQ. PA ill NO. 42067 MELISSA A. SHENKEL, ESQ. PA ill NO. 91445 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, P A J 5317 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LOAN REPAYMENT AND SECURITY AGREEMENT (P'IC I of 3) LENDER (callcd "Wc", "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 4910 CARLISLE PIKE SUITE 104 MECHANICSBURG PA 11050 BORROWERS (called "You", "Your") THOMAS, EDWARD P SS. 184382178 111 SINCLAIR RD MECHANICS8URG PA 11055 LOAN NO: 111714-553203 IIA TE OF LOAN F'RST PA'fMf," DUE A E 12112/2002 TOTAL OF PAYMENTS I 7,142.40 TOTAL fJNAltCE CKARGt 834.39 lifE illS PJlI:M,UM OISAllllTY 'liS PREMIUM 141.21 I 01/12/2003 .....fttfA1ftED 6,308.01 SCHEDULED IlfEIIEST R.BQUIRBD INSURANCE. You m'Ult obtain iosurance for lotm of loaD. coveting security for this loaa .s indieatod below, a..miDI \11 as Loss Payee: Titlo wuranC8 OD. teal eltato security. Fire and Dlteodod coverage insuran~ on root estate socurity. Physical damage inauraoce on vehicle Jilted ua.dor ItSecurity" abovo if .Y. appears under f1IASUred". Physical daJltl1ge Utsuunce on other property listod undor "Security" abovo if "V. appears under ""Insured". You may obtain 811J requited insurance from anyone you choo.s:o. (See "Security. paragraph 800"0 tor descriplion of JeCuritf to bo insured.) G PAGES CONTAIN ADDITIO AL CONTRA TERMS. 03-D1-oo NRE I_mlllllll MTB50E5039P96CEA9000PA97501 EXHIBIT "A" 111~1111!lID PAS75011 OR I GII'W. 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 bllBiness address as stated on page one or other address gi ven you. If more than one Borrower is nsmed on page ooe, we may enforce Ibis Agreement against all, or any, Borrowers, but not in a combinedsmount 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 Ibe date of disbursement. Payment due dates and effective date of any optional insurance purchased are also postponed. PAY-ourS. You agree to pay-outs of Amount Financed as shown on Truth-In-Lending disclosure form. If pay-outs change because loan closing is delayed, (a) you shan pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional pay-outs. PREPAYMENT. If you fully pay before final payment due date, Ibe amount you owe will be reduced by unearned Finance Charge (but not Service Charge) determined by the "Rule of 781hs". 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 doo't pay any payment in 10 days aflet it's due, you will also pay I 1/2% per month on the amount overdue (subject to a Sl.OO minimum charge). BAD CHECK CHARGE. We will charge you a fee of $20 if any payment check is returned because of illSUfficient 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 sny information regarding your Account with any of our affiliated corporations, subsidiaries or other third parties. You may probibit tbe sharing of such information (except for the sharing of information about tr.nSlctions 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 eval\lllte 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 DISPtlfE 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 (COCA), Title 7, Purdon's Pennsylvania Statutes, governs this loan. NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. 03-01-00 NRE PAB75012 lumllll.IIIIDID~111111II1I1111111111 'T850E5038P96CEA9000PAST501Z0"THtWOS . ORIGINAL 03-01-00 NRE LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 3) YOU HAVE RECEIVED A COMPLETE COPY OF THIS AGREEMENT AND THE TRUTH-IN-LENDING DISCLOSUllES. BORROWERS: . JJ C d,.~-./ r" ~ (SEAL) (SEAL) (SEAL) PAB75013 I.WIIIIIIIIIIIIIIIIIIOIIIIIIIIIII -T8S0E5039P96CeA9000PAS75D130MMTHOUAS . ORIGINAL VERIFICATION Dawn Richt, Recover Specialist for Beneficial Consumer Discount Company Deposes and says subject to the penalties of 18 Pa C.S. Section 4904 relating to unswom falsification to authorities, that the facts set forth in the forgoing Complaint are true and correct to the best of her knowledge, information and belief. ~c0-~~ Dawn Richt r::J{) - f' \q ..Q ~ 6' ~ <><l Ei"- ~ ~ ~ ~ ~ d o 0;;; Q, (- ~ c'" <- :;e-n ~ ~tS (J\ L.',O :(.~ ( ~ %~ (~;~ ~ ~ ~:'~\ - :-'. -z UJ rt) SHERIFF'S RETURN - REGULAR CASE NO: 2005-03391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL CONSUMER DISCOUNT VS THOMAS EDWARD P SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS EDWARD P the DEFENDANT at 1737:00 HOURS, on the 19th day of July 2005 at 711 SINCLAIR ROAD MECHANICSBURG, PA 17055 by handing to EDWARD P THOMAS 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 18.00 7.20 .00 10.00 .00 35.20 So Answers: <~~'J ~ R. Thomas Kline 07/20/2005 CHROMULAK & ASSOC Sworn and Subscribed to before me this :l4 ~ day of 0.01 .,2IJOS A.D. ~-'- Q tn,tl,. ;.p;- r thonotary By: /" f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT COMPANY, CIVIL DIVISION Plaintiff, No. 05-3391 CIVIL TERM vs. TYPE OF PLEADING: EDWARD P.THOMAS, Praecipe to Settle and Discontinue Defendant. TYPE OF' CASE: Civil Action Plaintiffs Address: 2700 Sanders Road Prospect Heights, IL 60070 FILED ON BEHALF OF: BENEFICIAL CONSUMER DISCOUNT COMPANY COUNSEL OF RECORD: Date: ~ 1,1, 10::> 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 (n4) 916-2400 G 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, CIVIL DIVISION No. 05-3391 CIVIL TERM Plaintiff, vs. EDWARD P.THOMAS, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: The Prothonotary: Please settle and discontinue the above-captioned action and mark the docket accordingly. Respectfully submitted, CHROMULAK & ASSOCIATES, L.L.C. By:A~ CATHY ANN CHROMuLAK, ESQ. PA ill NO. 42067 MELISSA A. SHENKEL, ESQUIRE PA ill NO. 91445 Attorneys for Plaintiff 375 Southpointe Boulevard 4th Floor Canonsburg, P A 15317 Sworn to and subscribed Before ra:;s /(p day of , 2005. ~~ ~ iJ8i6vJ Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal Seal Michelle L Woiota. Not...,\\j FutAle Cecil Twp., Wasl'l!ngrCJ" "_-~0[Wlty My Commission ExplrllO "ply 7. 2008 Member. Pennsylvanl. Assocl,tlon Of Notartls [;THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 Settle and Discontinue was served upon the following by First Class Mail, postage prepaid on this ~ day 11"1l of August, 2005. EDWARD P.THOMAS 711 SINCLAIR ROAD MECHANICSBURG, PA 17055 ti.~ MelIssa A. Shenkel, Esq. Dated: <t11~lo5" ~THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL -r"\-\"' \4;\\. ., C? ~z~ r-'! % <f' ~ (8 <"" r...:> ~~-_." , -''') <::2.. r::' ~\~. '} '}~~ -;;.- <.::'> ." <..' --- q, -:::!"" *'e \"('1"'. -<:1.0 :,.~~;:;)\ '.\')~} ('-~-~t'f\ 'C?, ";17 3:.