HomeMy WebLinkAbout06-4673PRIME RATE PREMIUM FINANCE
CORPORATION, INC.
Plaintiff
MARK DALTON
V.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (21UZL J-
CIVIL DIVISION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an 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,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOTAFFORD 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de ]as demandas qua se presentan mas
adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de
esta Demanda yAviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la
Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de qua
si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma
de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado
en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes
para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE: SI LISTED NO TIENE UN
ABOGADO,LLAMEOVAYAALASIGUIENTEOFICINA. ESTAOFICINAPUEDEPROVEERLEINFORMACIONACERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE
PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO
COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
PRIME RATE PREMIUM FINANCE IN THE COURT OF COMMON PLEAS OF
CORPORATION, INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. Ot. -4(A1 MARK DALTON CIVIL DIVISION -LAW
Defendant
COMPLAINT
The Plaintiff, PRIME RATE PREMIUM FINANCE CORPORATION, INC., by its attorneys, KNUPP, KODAK
81MBLUM, P.C., brings this action of Assumpsit againstthe Defendants to recoverthe sum of TWO THOUSAND
NINETY-FIVE DOLLARS AND EIGHTY-FOUR CENTS ($2,095.84), along with interest thereon at the rate of
16.99% from January 16, 2005, upon a cause of action of which the following is a statement:
1. The Plaintiff, PRIME RATE PREMIUM FINANCE CORPORATION, INC., is a corporation organized
and existing under the laws of the State of South Carolina, having its principal office and place of business at 2141
Enterprise Drive, Florence, South Carolina 29501-0507.
2. The Defendant, MARK DALTON, is an adult individual residing at 213 Third Street, Apt 2F, New
Cumberland, Cumberland County, Pennsylvania 17070..
3. On or about November 5, 2003, the Defendant entered into a Premium Service Agreement with
Plaintiff for financing of insurance coverage. A true and correct copy of said Premium Service Agreement is
attached hereto, marked Exhibit "A" and made a part hereof.
4. The price charged for said financing was just and reasonable, was the legal and market price
therefor and was the price which the Defendant contractually promised and agreed to pay to Plaintiff.
FAUSER\ROBMCCP&DJ CMPSICCP COMPLAINTSTRIME RATE INS. C0IPR1MERATE32303.wpd:08J=06 2
5. The Defendant defaulted on his obligation to make payments, and refused to honor the remaining
installment payments.
6. The balance due and owing by Defendant to Plaintiff is the sum of One Thousand Seven Hundred
Forty Six Dollars and Fifty-Three Cents ($1,746.53), as appears by Plaintiff's December 16, 2004 Notice of
Demand for Payment hereto attached, marked as Exhibit "B" and made a part hereof.
Due to the default of Defendant, and pursuant to the provisions of the Premium Service Agreement
at Exhibit "A", attorney's fees in the total amount of Three Hundred Forty-Nine Dollars and Thirty-One Cents
($349.31) have been added to said account
8. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid,
but Defendant refused and neglected and still refuses and neglects to pay said amount, or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of TWO THOUSAND NINETY-
FIVE DOLLARS AND EIGHTY-FOUR CENTS ($2,095.84), along with interest thereon at the rate of 16.99% from
January 16, 2005.
Respectfully submitted,
KODAK & IMBLUM, P.C.
-Robert D. Ko k Esquire
407 North F nt treet
Post Office x #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
(p) Total (B) Cash (C) ptnormt
(
Pxemiuins. Down amouia
.,_.._
Your PAYMENT SSULE will be,
No::of Payments I Amount of Payments
Security: You are giving a security intere a une
Late Charge: You will be charged 5% of the paymeu
after the due date. be entitld
prepayment: If you pay off early, you may
See Above end on nextpage ;ofthis doctutxnt eor
scheduled date, and prepayten reftw& and P
Would' you, prefer your montlilypayment debite.
In consideration of the payment(s) to be made by P3
represeti?eiives, the UNDERSIGNED INSURED :6
(1) Proiruses to pay to the order of l?R at the atiovei
above Trtifli-W-Lending Disclosures.
< (2) Irrevocably appoints PR as Attorney-In-Facfwi
$ thereof to accorda4ce with the p'.ovisions herein, to
documents', forms:and.otices: Hating to the policit
finance agreements pertaining't0 the renewal of the
renewal period. The Power of Attorney is coupled
or its successors and assigns:
z (3) Acknowledges that they have received a copy c
acknowledges that. they have received a copy of PI
(Para
UNDE I ES
NOTICE: A. Do not sign this Agreement before',
g at the time you sign C. Kedp`your copy of this A
e Fite undersigned executed this agreement and rea
Signature Of Insured. (0-T8s....?E or otaery'
All insureds designated iii tl ti 6licies umst silts..
EL of the. policies ec
execute and delive
his agreement, atK
t by the insured of
in herein may be e,
1.botrowents a can
s. S..
day of
3187.00
red more
le set
or art
copy o'
all
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th
iigned agent b2
recited therein.
PRODUCER'S CERTIFICATION
The Producer represents that the insurance policies listed upon this agreement are in force, that the premiums therefore are correct and t
the insured has received a'copy of this agreement. The agent further represents that all PR guidelines have been followed in respect to
financing of policies listed on this contract.
REMAINING PROVISIONS OF YOUR PREMIUM SERVICE AGREEMENT
(4) Assigns to PR as security for the total amount payable hereunder any and all unearned or return premiums and dividends which r
become payable under the insurance policies scheduled or covered by this Agreement (`.Policies' and loss payments under said polic
which reduce the unearned premiums (subject, however, to any loss payee or mortgagee interests), and hereby authorize and instruct i
insurer(s) to pay such fiords or proceeds to PR
(5) Agrees in the event of a default in payment of any installment due hereunder, or upon faibue by the undersigned to comply with any
the terms or conditions hereof, and after a fifteen day notice is mailed to the insured, the unpaid balance due hereunder shall be immediate
due and payable. In such event, PR may cancel the policies covered hereby.
(6) Agrees that any payments received by PR subsequent to the expiration of any notice of intended cancellation, will only be accepted f
credit to the undersigned's account and shall not constitute reinstatement or obligate PR to withhold cancellation of any insurance polic
Any sum received from an insurer shall be credited to the undersigned's indebtedness to PR, any surplus will be returned within 60 days
the cancellation date. In case of a deficiency greater than or equal to $5.00, the undersigned shall remain liable and pay the same wi
interest after maturity at the maximum legal rate.
(7) May prepay the full amount due and under certain conditions be entitled to receive a partial refund of the FINANCE CHARD
(computed in accordance with the method prescribed by regulatory authority of the state of jurisdiction) after deducting any fully eame
charge permitted by state law. If the refund is less than the minimum refund amount as stated by law in the State of Pennsylvania, r
refund will be made.
(8) Understznds that the FINANCE CHARGE begins to accrue as of the earliest of: the Policy Effective Date, the date of this Agreemen
or any other date presented by state law("Finance Charge Accrual Date").
(9) Authorizes PR to correct obvious errors in the completion of this agreement; the undersigned will be notified at the address show
hereon of any change or correction to this agreement.
(10) Warrants that each of the policies covered hereunder (or a binder thereof) has been issued to the undersigned, is m- full force and effec
and that no other power of attorney or other encumbrance or assignment is in effect nor will same be put into effect, except for the interes
of mortgagees or loss payees, and agrees that all rights conferred upon PR shall inure to PR's successors or assigns.
(11) Agrees, that in the event the total premiums are greater than that shown hereon, this agreement may be amended and/or refinanced tc
reflect the actual premiums and the undersigned will either (i) pay the difference in premium due, or (ii) pay any required additional dowi
payment and any additional finance charge permitted by law; in such event PR will forward the undersigned a revision notice showing al
information required by law. It is agreed and understood that in the event of default in the payment of any installment, or payment withn
31 days from the billing date of any additional premium, and after notice has been given as required by law, PR may cancel the policie;
covered hereby.
(12) Agrees that (i) PR assumes no liability as an insurer, (ii) this agreement shall not be affective until accepted by PR, (iii) singular word:
used herein shall be deemed plural and vice versa as the sense of the agreement demands, (iv) if any court of competent jurisdiction fords
any part or provision of this agreement to be invalid or unenforceable, such findings shall not affect any other part or provision.
(13) Agrees with respect to any audit or reporting form policy covered hereby, in the event of default hereunder, to be liable to the insurer
for the earned premiums (computed in accordance with the policy provisions) remaiaing due after crediting payment(s) made to the insurer
with respect to such policy, including such payment (s) made by PR to the insurer, less any amount refunded to PR by the insurer and
credited by PR to the balance due hereunder but only for deficiencies greater or equal to $5;00: --
(14) The maximum fee allowed by state statute shall-be charged for each check retumed to PR because the drawer has insufficient funds or
no account in the payor's bank.
(15) Agrees that any refunds may be applied against prior deficiencies owed PR.
(16) Agrees that a $5.00 Administration Fee will be applied to any refund check that falls under the Abandoned Property Procedures.
(17)Agrees to pay reasonable attorney's fees and or collection agency fees and all other costs of collection if this contract is referred for
collection to any attorney or collection agency not a salaried employee of PR
NOTICE: SEE PREVIOUS PAGE FOR IMPORTANT INFORMATION
PA 08/02
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Prime Rate Premium Finance Corporation, Inc.
2141 Enterprise Drive - PO Box 100507 - Florence, SC 29501
Phone Number: (843) 669-0937
Account Information: (800) 777-7458 or www.primeratopfc.com
Date: 1211612004
Insured:
MARK DALTON
213 3RD ST
NEW CUMBERLAND PA 17070-2154
Phone Number: (000)-000-0000
Dear Insured:
RE: Notice of Demand for Payment
Contract Number: PA 1409787
Unpaid Balance..: $1,74=5_
Referring Agent..: 08165
Agent's Name.....: STONE & EDWARDS INS BROKR
Agent's Phone....: (717)-730-9855
We appreciated the opportunity to have financed your insurance premium. However, your policy was cancelled. The
unearned return premium from your insurance carrier(s) did not pay out your account.
As per your agreement, you are liable for the unpaid balance shown above. This letter shall constitute notice to you
that Prime Rate Premium Finance Corporation is hereby making formal demand for payment of this balance.
Please understand that if the indebtedness described above is not paid within fifteen (15) days from the date of this
notice, we will have no choice but to turn this matter over for collection. If we are forced to refer your account for
collection, we will add any associated costs to your account as allowed in your finance agreement.
This matter deserves your immediate attention. Please call if you have any questions.
Sincerely,
Collection Department
Prime Rate Premium Finance Corporation
Prime Rate Premium Finance Corporation, Inc.
P.O. Box 100507
Florence, S.C. 29501-0507
Return Service Requested
Cc: Agent
N
N
PA 1409787
MARK DALTON
213 3RD ST
NEW CUMBERLAND PA 17070-2154
JUN-08-2006 16:54 KNUPP KODAK & IMBLUM 717 238 7158 P.05
VERIFICATION
I Donna Baldwin Banking Officer, BB&T Agent
(name) (06)
of PRIME RATE PREMIUM FINANCE CORPORATION, INC., verify that the statements made in the
aforegoing document are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities.
PRIME RATE PREMIUM FINANCE CORPORATION, INC.
By: ,? to- A "'4-)'LJ
Title: Banking Officer, BB&T, Agent of Prime Rate
Dated: 7 // 9 /b b
32303
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-04673 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRIME RATE PREMIUM FINANCE COR
VS
DALTON MARK
SHARON LANTZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
DALTON MARK
was served upon
the
DEFENDANT , at 1945:00 HOURS, on the 28th day of August , 2006
at 1055 CARLISLE ROAD
CAMP HILL, PA 17011
MARK DALTON
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: So Answers:
Docketing 18.00
Service 29.92-:r•
Postage .39'-'
Surcharge 10.00 R. Thomas Kline
.00
58.31,% 08/29/2006
.11 1 O L, KNUPP KODAK IMBLUM
Sworn and Subscibed to By: , --7?
before me this day Deputy Sheri
of A.D.
J0
PRIME RATE PREMIUM FINANCE IN THE COURT OF COMMON PLEAS OF
CORPORATION, INC. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. NO. 2006-04673 CIVIL
MARK DALTON CIVIL DIVISION -LAW
Defendant
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s) MARK DALTON, named
for failure to file within the required time an Answer to the Complaint in the above-
captioned case and assess the Plaintiffs damages as follows:
Amount claimed in Plaintiffs Complaint $2,095.84
Interest from January 16, 2005 at the rate of 16.99% per annum 15.69
Total $2,711.53
It is hereby certified that a written notice of intention to file this Praecipe was mailed to
the Defendant(s) and his attorney of record, after the default occurred and at least ten
(10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached.
KODAK , P.C
Robert D. Kodak, Attorney for Plaintiff
DATED: 0-c-14 S a(0(o judgment entered and damages assessed as above.
Prothonotary
Robert D. Kodak
Gary J. Imblum
LAW OFFICES OF
KODAK & IMBLUM, P.C. FILE Cif
AMERON MANSION e
C
407 NORTH FRONT STREET . 59
POST OFFICE BOX 11848 Facsimile
HARRISBURG, PA 17108-1848 717.238.7158
kki.law®verizon.net
website: kki-lawxom
September 21, 2006
MARK DALTON
1055 CARLISLE ROAD
CAMP HILL PA 17011
RE: Prime Rate Premium Finance Corporation, Inc.
VS: Mark Dalton
No. 2006-04673 Civil, Court of Common Pleas
Cumberland County, Commonwealth of Pennsylvania
Our File No. 32303
Dear Mr. Dalton:
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are
enclosing herewith a Notice of a Praecipe for Entry of Default Judgment According to
the records as they are found in the Office of the Prothonotary of Cumberland County,
you have not filed responsive pleadings to the Complaint filed against you to the above
term and number, nor has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that
if you do not take action as set forth in this Notice, we, at the expiration of time
indicated therein, will request the Office of the Prothonotary of Cumberland County to
enter Judgment against you in the amount as set forth in said Complaint
Very truly yours,
KODAK & IMBLUM, P.C.
Robert D. Kodak
THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
RDK/ kqb
enclosure
cc: DANIEL T BOOTH ESQUIRE
BOOTH & MCCARTHY
PO BOX 4669
BRIDGEPORT WV 26330
#05-08758-0
FILE COPY
PRIME RATE PREMIUM FINANCE
CORPORATION, INC.
Plaintiff
v.
MARK DALTON
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-04673 CIVIL
: CIVIL DIVISION -LAW
IMPORTANT NOTICE
TO: MARK DALTON , Defendant(s)
DATE OF NOTICE: SEPTEMBER 21, 2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OROBJECTIONS TOTHE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
5
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PRIME RATE PREMIUM FINANCE
CORPORATION, INC.
Plaintiff
v.
MARK DALTON
Defendant
TO: MARK DALTON , Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-04673 CIVIL
CIVIL DIVISION -LAW
You are hereby notified that on 200
?.the following
(Judgment) has been entered against you in the above-captioned case.
Tudgment entered in the amount of $2,711.53.
DATE:
c
_,
Pro onota
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
MARK DALTON
1055 CARLISLE ROAD
CAMP HILL PA 17011
PRIME RATE PREMIUM FINANCE
CORP., INC.
Plaintiff
v
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2006-04673
MARK DALTON
Defendant(s)
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned Judgment as settled and satisfied in full.
TO: Cumberland County
Prothonotary
Dated: November 26, 2007
A
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
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