The URL can be used to link to this page

Home My WebLink About02-1494ALL-PRO FINANCIAL III, L.L.C., JAMES R. BENSON, Plaintiff : _. _. .. ._ Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW 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 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. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 (717) 240-6200 Notice of Fair Collection Rights/CRB/CollectionsfBoudreau IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. ALL-PRO FINANCIAL III, L.L.C., JAMES R. BENSON, Plaintiff : : .. Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. CIVIL ACTION - LAW COMPLAINT AND NOW, the Plaintiff, by and through its undersigned counsel, files this Complaint, and in support thereof, states as follows: 1. The Plaintiff is All-Pro Financial III, L.L.C., a limited liability company organized and existing under the laws of the State of Connecticut, maintaining offices at 77 Main Street, Andover, MA 01810. 2. The Defendant is James R. Benson, an adult individual, residing at 4 Clover Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Pursuant to a certain assignment agreement, the Plaintiff is the assignee of all claims and debts alleged herein, and is authorized and entitled to recover the claims and debts complained of herein. COUNT I The foregoing paragraphs are incorporated herein by reference. At the specific request and insistence of the Defendant, Household Bank, N.A., PlaintifFs predecessor-in-interest, issued a credit card bearing account number 5424426001235377 in the name of the above-named Defendant. The aforementioned credit card was issued to the Defendant with the agreement, understanding and expectation that the Defendant would comply with the terms and conditions of the Cardmember Agreement and Disclosure Statement attached hereto as Exhibit A, and incorporated herein by reference. Pursuant to the aforementioned Credit Card Agreement, the Defendant agreed to pay the outstanding principal balance, accrued interest and reasonable costs of collection, including attorney's fees. The Defendant has repeatedly made use of the foregoing credit card, and has not reported said credit card lost or stolen. To date the Defendant has an unpaid principal balance of $4,617.84, and accrued but unpaid interest of $86.96. 10. To date the costs of collection on the Defendants account total $877.39. 11. Despite repeated demands, the Defendant has refused to pay the debt owed to the Plaintiff. 12. The Defendant has breached the agreement with the Plaintiff, resulting in the foregoing damages to the Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $5,582.19. COUNT II 13. The foregoing paragraphs are incorporated herein by reference. 14. By virtue of the credit card issued to Defendant under the account number 5424426001235377, the Plaintiff, through its predecessor-in-interest conferred benefits upon the Defendants totaling $5,582.19. 15. By use of the aforementioned credit card, the Defendants appreciated the benefits conferred by the Plaintiff, through its predecessor-in-interest. 16. By retention of the aforementioned benefits, the Defendants have been unjustly enriched at the expense of the Plaintiff, through its predecessor-in-interest. 17. It would be unjust and unreasonable to permit the Defendants to retain said benefits without compensating the Plaintiff. WHEREFORE, Plaintiff demand judgment against the Defendant in the amount of $5,582.19. Respectfully submitted, Nicholas & Foreman, P.C. Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Robert L. O'Brien, Litigation Manager All-Pro Financial III, LLC ~z~ (3: ALL-PRO FINANCIAL III, LLC., : Phi~fiff : · JAM~S R. BENSON, : : Defendant : IN THE COURT OF COMbION PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-1494 Civil Term ClVI~ ACTION - LAW ANSWER AND NOW, the Defendant, files this Answer, and in support thereof, states as follows: 1. Admit. 2. Admit. 3. Legal conclusion- deoy. COUNT I 4. Admit. 5. In response to an offer Defendant, Household Bank, N.A., Plaintiff's predecessor-M-interest, issued a credit card bearing account number 5424426001235377 in the name of the above- named Defendant. 6. Legal conclusion- deny. 7. Legal conclusion- deny. 8. Defendant on February 22, 1999 used a balance transfer check in the amount of $5,450 resulting in the debt to Household Bank. 9. As of my last statament from Household Bank (dated 1/19/01 ) my unpaid balance was $4,445.38, 10. Legal conclusion -deny. 11. Based upon correspondence from Boudreau & Associates, Attorneys At Law, representing All-Pro Financial 3 d~ted 02-11-02 a settlement had been reached. The letter indicated "per your oral agreement with this office, our client will accept $4617.00 as a settlement in full on the below referenced account .... The term's will be as followed (1) Payment will be for $3000.00 due by 02-15-02 (2) Payment will be for $539.00 Due by 03-25-02 (3) Payment will be fore $539.00 Due by 04-25-02 (4) Payment will be for $539.00 Due by 05-25-02." The letter while d~102-11-02 was placed in a envelop which was postmarked February 15, 2002 from Manchester NH. The~fere, the initial payment was due before the offer was mailed making it impossible to comply with the offer. The actual verbal agreement was for a payment of $4500 - $3000, $500, $500 and $500. 12. Legal conclusion - deny. WHEREFORE, Defendant requests a hearing to provide oral testimony regarding the actual events related to this situation prior to a decision being rendered. COUNT H 13. Admit. 14. Legal conclusion -deny. 15. Admit. 16. Legal conclusion -deny. 17. Legal conclusion-deny. WHEREFORE, Defendant requests a heating to provide oral testimony regarding the actual events related to this situation prior to a decision being rendered. Mechanicsburg, PA 17050-3110 (717) 697-5048 ALL-PRO FINANCIAL IH, L.LC., Plaintiff JAMES R. BE, NSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-1494 Civil Term CIVIL ACTION - LAW NEW MKi-i'{~JR / COUN'i'E~ CLAIM 1. D~fendant wishes to se~le this aecotmt for no more than the offer of $4617.00 as presented in the 02-11-02 eorc~t~mdence from Boudr~au & Associates, attorneys for gl-Pro Financial 3. 2. Defendant would prefer to settle the account for $4500.00 - the actual agreed upon amount during a tel~ahone conversation with Bondreau & Associate~ on or about Febrm~ t 1, 2002. 3. Since Defendant had no knowledge that Plaintiff had actually acquired the Household Bank credit card obligation, Defendant requested a letter to be sent first class mall outlining the terms of the verbal agreement made on or about February 1 I, 2002. 4. Since the 02-11-021etter was not malled (postmarked) untit February 15,2002, and since the letter required an initial payment of $3000 by February 15, 2002, Plalntiffbreaehed the verbal agreement preventing Defendant from complying with the terms of the written confirmation of the agreemnent. WHEREFORE, Defendant requests that Plaintiffbe made to accept the agreed upon $4,500 or no more than the $4,617 specified in the 02-11-02 correspondence in full settlement of the debt originally owed to Household Bank. Meehaniesburg, PA 17050-3110 (717) 697-5048 VERIFICATION I hereby verify that the stateanoats made in the foregoing Answer and Cotmte~ Claim are true and correct to the best of my knowledge, information a~d belief. I trade, stand that the statements made herein are subject to the penalties of 18 Pa. C.S. Seclion 4904, relating to tmsv~rn falsificatioo to authorities. CF_.~TllqCATE OF SERVICE I, James R. Benson, Defendant, do hereby certify that m April 30, 2002, I did personally place in the U.S. Mail, first Class, postage prepaid, a true end correct copy of the foregoing Answer end Co{rater Claim, addressed to the following: Charles Rees Brown NICHOLAS & FOREMAN, P.C. 4409 North Front Slreet Harrisburg, PA 17110 ALL-PRO FINANCIAL III, L.L.C., JAMES R. BENSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-1494 Civil Term CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended with prejudice. FOREMAN & FOREMAN, P.C. Cl~arle~ ~~vn Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attc.mey for Plaintiff CERTIFICATE OF SERVICE I, Charles Rees Brown, attorney for the Plaintiff, do hereby certify that on March 28, 2003, I did personally place in the U.S. mail, first class, postage., prepaid, a tree and correct copy of the foregoing Praecipe, addressed to the following: James R. Benson 4 Clover Lane Mechanicsburg, PA 17050 FOIq£MAN & FOREMAN, P.C. Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff ALL-PRO FINANCIAL III, L.L.C. V. JAMES R. BENSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1494 CIVIL TERM ORDER OF COURT AND NOW, this _2.Nr> day of APRIL, 2003, a Rule is issued upon plaintiffto Show Cause why Defendant's petition to dismiss this action should not be granted. Rule returnable MONI)AY~ MAY 19~ 2003~ at 2:00 p,m, in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. 17013. Charles R. Brown 4409 North Front Street Harrisburg, Pa. 17110 James R. Benson 4 Clover Lane Mechanicsburg, Pa. 17055 :sld Edward E. Guido, J. 03-0-3 ALL-PRO FINANCIAL · III, L.L.C. · V. · JAMES R. BENSON · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1494 CIVIL TERM ORDER OF COURT AND NOW, this 30TM day of APRIL, 2003, it appearing that the above captioned matter has been marked settled and discontinued, the hearing scheduled for May 19, 2003, at 2:00 p.m. is CANCELLED. Edward E. Guido, J. ~arles R. Brown, Esquire 4409 North Front Street Harrisburg, Pa. 17110 o/fames R. Benson 4 Clover Lane Mechanicsburg, Pa. 17055 :sld V1NVA"J,t, SNN]d BRUCE D FOREMAN JEFF FOREMAN CIIARI,ES REES BROWN JAMES l:. WAI.SH LAW OFFICES iFOREMAN & iFOREMAN, 4409 NORTI I FRONT STRF, ET l 1ARRISB U RG, PA 17110-1709 TELEPHONE (717) 236-9391 FAX {7171 236-6602 E-MAll, charles~.foreman-for~man.com April 28, 2003 The Honorable Edward E. Guido Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Re~ All-Pro Financial v. Benson No. 02-1494 Civil Term Dear Judge Guido: The undersigned represents the plaintiff in the above-referenced action. A hearing is presently scheduled before your Honor on May 19, 2003 at 2 p.m. to consider a petition filed by the defendant to dismiss this case. The purpose of this correspondence is to advise the court of the status of this litigation prior to hearing. This matter was initially filed to recover certain credit card debt owed by the defendant to my client. Apparently, at some time after the filing of the complaint and the defendant's answer, the defendant negotiated a settlement with the plaintiff whereby the defendant agreed to pay a specified sum in full satisfaction of the complained-of debt. At the time this settlement was negotiated and consummated neither the plaintiff nor the defendant informed the undersigned of such developments. Subsequently the defendant left me a voice mail message indicating this settlement and requesting that the instant action be discontinued. I verified these facts with my client; however, through my own oversight, ! failed to discontinue the action until after the defendant filed the petition to be considered by your Honor. As is evidenced by the enclosed time-stamped copy of my praecipe, this matter was settled and discontinued with prejudice on April 1, 2003. In light of the foregoing, it is respectfully suggested that the petition filed by the defendant has been mooted, and, accordingly, I would request that the pending hearing be cancelled. Respectfully yours, c.c. James R. Benson, pro se ALL-PRO FINANCIAL III, L.L.C., JAMES R. BENSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-1494 Civil Term CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended with prejudice. FOREMAN & FOREMAN, P.C. Charles Rees~"B~own Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Charles Rees Brown, attorney for the Plaintiff, do hereby certify that on March 28, 2003, I did personally place in the U.S. mail, first class, postage prepaid, a true and correct copy of the foregoing Praecipe, addressed to the following: James R. Benson 4 Clover Lane Mechanicsburg, PA 17050 FOREMAN & FOREMAN, P.C. Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Plaintiff