HomeMy WebLinkAbout02-3857IN THE COURT OF COMMON PLEAS
HOUSEHOLD REALTY CORPORATION,
Plaintiff,
vs.
JAVID A.
MOHMAND,
Defendant.
Plaintiff's Address:
2700 Sanders Road
Prospect Heights, IL
60070
Defendant's Address:
817 Meadow Lane
Camp Hill, PA 17011
OF CUMBERLAND COUNTY,
CIVIL DIVISION
TYPE OF PLEADING:
Complaint
TYPE OF CASE:
Civil Action
FILED ON BEHALF OF:
HOUSEHOLD REALTY CORPORATION
PENNSYLVANIA
COUNSEL OF RECORD:
CATHY ANN CHROMULAK, ESQ.
PA ID NO. 42067
MICHELLE D. SMITH, ESQ.
PA ID NO. 74800
MOLLICA & MURRAY
Firm #952
450 Trimont Plaza
1305 Grandview Avenue
Pittsburgh, PA 15211-1205
(412) 381-7000
I THIS AN ATTEMPT TO COLLECT
IS
A DEBT AND ANY INFORMATION
OBTAINED WILL SE USED FOR
THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
HOUSEHOLD REALTY CORPOPgkTION, CIVIL DIVISION
Plaintiff, No.
MS.
JAVID A.
PENNSYLVANIA
MOHMAND,
Defendant.
NOT I CE
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 800-990-9108
THIS IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION
OBTAINED WILL SE USED FOR
THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
HOUSEHOLD REALTY CORPORATION,
Plaintiff,
vs.
JAVID A.
MOHMAND,
Defendant.
PENNSYLVANIA
CIVIL DIVISION
COMPLAI~
AND NOW COMES, the Plaintiff, HOUSEHOLD REALTY
CORPORATION, by its Attorneys, Nollica & Murray, with its Civil
Action Complaint, the following of which is a statement thereof:
1. HOUSEHOLD REALTY CORPORATION is a Corporation, duly
authorized to conduct business in the Commonwealth of Pennsylvania
with its principal office situate at 2700 Sanders Road, Prospect
Heights, IL 60070, hereinafter referred to as "Plaintiff".
2. JAVID A. MO~%ND is an adult individual residing at
817 Meadow Lane, Camp Hill, PA 17011.
3. On or about May 15, 2000, Defendant entered into a
Loan Agreement with the Plaintiff, a copy of which is attached
hereto as "Exhibit A" and incorporated herein.
4. Pursuant to the Agreement with Defendant, Plaintiff
advanced funds to the Defendant.
I 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 Agreement for failin9 to make
payments when due, with the last payment having been made on or
about October 16, 2000.
6. Pursuant to the terms of
has the right to require payment of the
default. The total amount due,
and owing by the Defendant is
FIVE HUNDRED FIFTEEN and 65/100
14, 2001.
the Agreement, Plaintiff
entire amount owed upon
including principal and interest,
in the sum of FORTY SIX THOUSAND,
($46,515.65) DOLLARS as of November
7. Numerous demands have been made upon Defendant by
Plaintiff, but Defendant has failed or refused to pay.
8. Pursuant to the Agreement, Plaintiff is entitled to
recover costs of collection and reasonable attorney's fees.
W~ER~FORE, Plaintiff claims damages in the sum of FORTY
SIX THOUSAND, FIVE HUNDRED FIFTEEN and 65/100 ($46,515.65) DOLLARS,
with interest thereon at the rate of 22.2% from November 14, 2001,
plus court costs and attorneys' fees.
Respectfully submitted,
MOLLICA & MURRAY
I YHIS IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
By:
CATHY ~ CHRO~0-LAK, ESQ.
PA ID NO. 42067
MICHELLE D. SMITH, ESQ.
PA ID NO. 74800
Attorneys for Plaintiff
450 Trimont Plaza
1305 Grandview Avenue
Pittsburgh, PA 15211
SECONDARY MORTGAGE LOAN
This agreement is gubj'ect to the provisions of thc Secondary Mbrtg~ge Loan Act
REVOLVING LOAN FIXED RATE AGREEMENT IPage II'of 5)
LENDER (called "We", "Us", 'Our")
NOUSEHOLO REALTY CORPORATION
5106-H JONESTOWN RD
COLONIAL COM'~ONS
HARRISBURG PA 17112
BORROWERS (caUcd "You", "Your"}
MONMAND. JAVID A
SS# 1127026B0
817 MEAOOW LANE
CAMP HILL PA 17011
LOAN NO: 713:304-10-115682
~ F~PLICATION FEE~T~
In ~his A~ment, ~you% ~your' and '~rrower" m~ ~he c~tomer{s) who ~ ns ~is ~ r~me ....
a .... g g nt, We , ~ ,
~nd ,o~r refer to ~nd~. T~s Agr~ent cavern the terms and con~tio~ of you~t Home ~uity C~it Lin~
~evoivmg Loan A~ount. We want you ~o unde~and how your Home ~uity Cr~it ~ine Revolving Loan Account
works. R~d this carefully, ~k ~ any qu~tions, and if you agr~ to be ~und by this Ag~meat, sign ~iow 1~ more
than one ~n ~s, ~ch will ~ r~po~ible for ccpaying all s~ms adv~ccd under this ~gr~mcnt.
Your Home ~uity Crcdit Line is a revolving line of cr~it e~tend~ to you and ~urcd~ ~ d~crib~ ~10w. You can
obtain funds from your Home Equity Cr~it Linc Revolving ~an A~count (up to your cr~it limit} dir~tly from us
or by using the s~cial ch~ks wc supply ~ you. You may pay your total unpaid ~lance a~iany time or ia installments.
YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT ;THE ABOVE AODRESS.
REQUIRED INSURANCE. You must obtaig insurance for tarn of Iaaa covering security for ~his loan as indicated by the word I
· 'YES" ~low, names us as L~ss Payee: '
Title Insurance on rea[ estate ~ecurity.
NOTICE: SEE THE POLLOWJNG PAGES FOR ADDmONAL PROVISIONS AND IMPORTAI*~T INFORMATION REGARDING YOUR RIGHT~ TO DISPUTE
RILLING ERRORS.
REVOLVING LOAN FIXED RATE AGREEMENT (Page 2 of 5)
Available Credit: You may obtain funds directly from us or through your special checks up to your available credit. Your
avatlable credit ts your credit limit (shown on page one) [ess the total unpaid balance, incloding Finance Charges, of your
Account. If you make loan payment~ by check, we will adjust your available credit seven days after we receive your check
to allow for check clearing. You agree not to request funds in an amount that would cause you to exceed your available
credit, If you do so, we are not obligated to honor your request, but if we do lend you an amount over your available credit,
you agree to pay tis that exces~ amount, plus Finance Charges, immediately upon our request.
Minimum Draw and Balance Requirements: The maximum amount that may be withdrawn in any billing cycle is
your available credit, i he minimum credit aCvance by check that you can receive is $100.
Promise to Pay: You promise to pay Lender: (a) amounts borrowed under this Agreement; {b) Finance Charges,
Admimstrative Charges (bad check charges and late charges), and other charges provided in this Agreement; (c) credit
insurance charges, if any: (d) collection coats permitted by applicable law, including reasonable attorneys' fees (if attorney
is not our salaried employee) and court costs; {e) amounts in excess of your credit limit that we may lend you; and (f)
amount:5 that we may {but need not) pay or that are otherwise due under your Mortgage.
Payments: You may repay your entire outstanding balance at any time without penalty. You may not use your special
checks to pay any amounts due under this Agreement. Because the Periodic Finance Charge is computed each day, you will
contact us regarding the exact payoff amount for the day you intend to make full payment.
If you do not pay the entire unpaid balance on your Account at once, you agree to pay at least the minimum payment
shown on your monthly statement. Payments will be applied as follows: First, to any accrued but unpaid Finance Charges;
Second, to any unpaid Administrative Charges provided in this Agreement; Third, to any unpaid cred[t insurance charges;
and Fourth, to the unpaid outstanding balance of your Account {including all other fees or charges yon are obligated to
pay). Any part of your monthly payment to be applied to amounts borrowed on your Account will be applied to the
amounts borrowed under your Account in the order in which the amounts were borrowed. Any part of your monthly
payment to be applied to Finance Charges will be applied in the same manner.
The Minimum Monthly Payment for any billing cycle will be the greater of (1) the greater of $25 or the Base Minimum
Monthly Payment Amount (~ described below), plus any Administrative Charges and credit insurance charg*s, rounded
to the nearest $1, or (2) the Finance Charges due for the billing cycle, plus any Administrative Charge and credit insurance
charges; In each instance, the Minimum Monthly Payment will be adjusted to include any unpaid amounts due from prior
billing cycles or, (3} the amount of the Annual Fee assessed to your Account.
The Base Minimum Monthly Payment depends on the monthly periodic rate applicable to your Account, and is
calculated as follows:
Monthly Periodic Rate
through 1.33%
over 1.33% through 1,45%
over 1.45% through 1,57%
over 1.57% through 1.70%
over 1.70% through 1.83%
over 1.83%
Payment Amount
1.43% oI Account Ualanea
1.55% of Account Balance
1.67% of Account Balance
1.80% o! Account Balance
1,93% of Account Balance
2.00% of Account Balance
Th~ term of this Agreement will end 15 years after the date o! this Agreement, at which time you will be required to
pay your entire remaining outstanding balance, plus all charges and Finance Charges as provided in this Agreement.
The Minimum Monthly Payment will not fully repay the principal that is outstanding under this Agreement at the end
of the D-year term, and you will then be required to pay the entire remaining outstanding balance in a single payment.
Finance Charges: Finance Charges are the total of (a) Periodic Finance Charges and (b) the Application Fee Finance
Charge.
(a) Periodic Finance Charges: This is the interest charged on the balance of your Account during each billing cycle. The
Periodm Finance Charge is calculated from the date that each advance, ch~ck or charge is pea'ced to your Account. The
Periodic Finance Charge is computed by multiplying the average daily balance in your Account in each billing cycle times
the monthly periodic rate stated on page one. The average daily balance is determined by totaling all daily unpaid balances
in each billing cycles and dividing the total by the number of days in that cycle. A daily unpaid balance is the amount
owed each day, excluding any unpaid Periodic Finance Charge, Administrative Charges, and credit insurance charges for
prior billing cycles.
NOTICE: SEE THE FOLLOWING PAGES FOR ADOITIONAL PROVISIONS ANO ~MPOFITANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE
B~LLING ERRORS.
03-01-(Z0 PA0§7¢52
REVOL¥ ING LOAN FIXED RATE AGREEMENT (Page 3
(b} Application Fee Finance Charge: This is the one-time application fee colt that we charge for opening this Account.
The Application P'en i"'inance Charge is stated off page one and is due and payable on this date.
Annual Fee: You agree to pay an Annual Fee as stated on page one for'participation in this revolving credit plan. The
Initial Annual Fee is stated on page one and is due and payable on the date that your Account is established, and the
subsequent Annual Fee stated on page one is due and payable on the same day of each subsequent year. You acre's that this
fee may be charged to your Account balance.
Bad CheckCharge: If you pay by s check which is returned for any reason, you agree to payi'a bad check cl~arge of $20.
Late Charge: If you do not pay any required Minimum Monthly Payment withiu 15 days after it is due, you agree to pay
late charge of 10% of the Minimum Monthly Payment due or $20, whichever is greater
(excluding any unpaid late
charges and amounta due from prior billing cycles.
Other Charges: You agree to pay any amounts actually incurred by Lender for services rendered in connection with the
Credit Line Revolving Loan Account for title examination, appraisal, title insurance, fe~ a~,d taxes paid to public officials
in connection with r~eording, releasing or satisfying the Mortgage. You agree that theseqecs may be charged to your
Account balance.
Security: The real estate Mortgage will secure all indebtedne~, including future advances, '~nder this Agreement.
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 u~ to share any information, on a
regular basis, we obtain related to your Account, including but not limited tn ~red~t repot, tn and insurance information,
with any of our affiliated corporations, subsidiaries or other third parties. The uses of thi~;~ information may include an
inquiry to determine if you qualify for addltionaI'offers of credit. You also authorize bs to share any information
regarding your Account with any of our affiliated corporations, subsidiaries or other th rd?parties. You may prohibit
the sharing of such information (except for Ihs sharing of information about t{'ansactions or experiences
between us and you) by sending a written request which contains your full name, i , .
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 ne"ative re~ort -e
~ ~ · ,~ecung on your ~redit record may be
submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehici~S (or your state's equivalent
of such department) may release your residence address *o us, should it become necessaryi~o locate you You agree that
our supervisory personnel may listen to telephone' calla between you and our representatives in order to eva[ustc the
quslit3' of our service to you. .i
Changes in this Agreement: We may change the terms of his Agreement f }ou consent'or ff such changes benefit you
or are insignificant. We may change any amounts that we collect for taxes, property insdrance, or credit insurance, if
applicable. Prior written notice of changes will be given to you when required by applicabll law. Changes may apply to
both new and outstanding · '
balances unless prohibged by applicable law. Termination of your Icredit limit will occur only as
provided in the ~Default and Cancellation of Agreement" and" ' '
Snspenston or Reductmn of ~?e&t Prlv leges~ paragraphs.
Tax Deductibility: . ·
You should consult a tax adwsor regarding the deduet~bility of interest arid charges for the credit line.
Default and Cancellation of Agreement: We have the right to terminate your Homel Equity Credit Line Account
and to require you to pay your entire balance plus all other accrued but unpaid charges imbhediate y because of:
(a) failure to make two or more payments when due under this Agreement;
(b) fraud or material misrepresentation in connection with the credit line, including~failure to supply u~ with any
material information requested or supplying us with misleading, false, incomplete or incorrect material
information; [ ·
(c} the filing of a bankruptcy petition by or against you accompanied by failure to make any payment when due
under this Agreement; '
(d) the death of any lmrrower who signs this Agreement which adversely affects the property or our rights in the
property securing this Agreement;
(e) the institution of foreclosure proceedings or condemnation proceedings on the property or the institution of a
trustee sale by a lienholdar or governmental seizure of the property;
(f} the saIe or transfer of any interest in the property securing this Agreement, without our consent (unless our
consent is not required under your Mortgage); ~.:
REVOLVING LOAN FIXED RATE AGREEMENT !Page 4 of 5}
{g) the creation of a lien on the property if such lien adversely affects the property or our rights in the
property ~curing this Agreement;
(h) failure to maintain the property, failure to pay real estate taxes on thc property, abandonment of the property,
failure to keep the property insured, or any action which is a default under your Mortgage or Deed of Trust which
adversely affects the property or our rights in the property securing this Agreement; or
{i) any other aclion or inaction you take that adversely affects the property or our rights in the property securing
this Agreement.
After default, you will pay our court costs, reasonable attorney fees (if attorney is not our salaried employee), and other
collection costs related to the default, if not prohibited by applicable law.
Any balance outstanding under this Agreement when the credit limit is terminated will continue tn accrue interest at the
contract rate until paid in full, or until judgment is entered.
Suspension or Reduction of Credit Privileges: We have the right to prohibit additional advances or extensions of
credit and to reduce the credit limit applicable to this Agreement if:
(a} thc amount of your unused equity in the property securing this Agreement has decreasedby 50% or more (from
the amount of your unttsed equity at the time thc current credit limit was established}, based on a decrease in the
appraisal value from the tim= the current credit limit was established;
(b) we reasonably believe that you will be unable to fulfill the repayment obligations under this Agreement besause
of a material change in your financial circumstances (including the filing of a bankruptcy petition);
(c) you are in default of an}' of the material terms or conditions of this Agreement, including Dequent overdraws of
your line of credit or failure to use or occupy the property securing this Agreement as your primary residence:
(d) any governmental action occurs that prevents us from charging the annual percentage rate provided for in this
Agreement or that adversely affects our rights in the property securing this Agreement such that the value of our
security interest in the property is leas than 120% of your credit limit;
(e) any regulatory agency hes notified us that contlnued advances would constltute an unsafe and unsound practice;
(f) any borrower who signs this Agreement requests us to prohibit additional advances or ~o reduce the credit limit;
or
(g} any of the events listed under "Default and Cancellation of Agreement" occurs.
Notice will be given to you as required by applicable law.
Miscellaneous: If any provision of this Agreement is finally determined to be void or unenforceable under any law, rule,
or regulation, all other provisions of this Agreement will remain valid and enforceable. Our failure to enforce any terms of
this Agreement shall not be deemed to constitute a waiver of such terms. In order for any amendment to this Agreement
to be valid, it must be approved by us in writing.
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notlco contains important information about your rights and Lender's responsibilities under the Fair Credit Billing
Act.
Notify Lender In Case of Errors or Questions About Your Bill
If you think your hill is wrong, or if you need more information about a transaction on your bill, write Lender on a
separate sheet at the address listed on your bill after the word~: "Send your billing error notice to: (Lender's name and
address).' Write to Lender as soon as possible. Lender must hear from you no later than 60 days after Lender ~ont you the
first bill on which the error or problem appeared. You can mlephone Lender, but doing so will not pr~rve your rights.
In your letter, give Lender the following information:
· Your name and Account number.
· The dollar amount of the suspected error.
· Describe the error and explain, if you can, why you believe there ia an error. If you need more irdormation,
describe thc item you are not sure about.
NOTICE: SEETHE FOLLOWING PAGE FOR AOOI~ONAL PROVISIONS AND IMPORTANT INFORI~ATION REGARDING YOUR RIGHTS TO DISPUTE BILLING
ERRORS,
PA05745¢
REVOLVING LOAN FIXED RATE AGREEMENT (Page d
5 of 5)
Your Rights nd L~nder s Respons~b~ht~es After Lender Receives Your Written No'ice
Lender must acknowledge your letter within 30 days, unless Lender has corrected the error by then. Within 90 days,
Lender must either correct the error or explain why Lender believes the b 1 was correct I[
M~er Lender receives your letter, Lender cannot try to collect any amount you question) or report you as delinquent.
Lender.can continue to bill you for the amount you question, including finance charges and L~nder can apply any unpaid
amount against your credit limit. You do not have to pay any questioned amount while Lender is investigating, but you are
still obligated to pay the parts of your bill that are not in question.
If Lender flnd~ that Lender made a mistake on your bill, you will not have to pay any finance charges related to any
questioned amount. If Lender did not make a mistake, you may have to pay finance charges; and you will have to make up
any missed payments on the questioned amount. In either case, Lender will send you a statbment of the amount you owe
and the date that it is due.
If you fail to pay the amount that Lender thinks you owe, Lender may report you as delinquent. However, if Lender's
explanation does not satisfy you and you write to Lender within ten days telling Lender that you still refuse to pay, Lender
mu~t tell anyone Lender reports you to that you have a question about your bill. And, Lender must teIl you the name of
anyone Lender reported you to. Lender must tell anyone Lender reports you to that the matter has been settled between
u~ when it finally is.
If Lender doesn't follow the~ rules. Lender can't collect the first $50 of the questioned amount, even if your bill was
Alternative Dispute Resolution and Other Riders: The terms of the Arbitration Agreement and any other Riders
mgnecl as part of t~as loan transaction are incorporated into this Agreement by reference.
Applicable Law: The terms and conditions of thia Agreement will be governed by the provision= of the Pennsylvania
~eeondary Mortgage Loan Act, Title 7, Chapter 66. Sections 6601 through 6627, Purdon's Pennsylvania Statutes.
Before signing this Agreement, you have read and received this Agreement and th~ Federal Truth-In-Lending
disclosures contained in it. You, the customer(s) signing b~low, agree to observe the terms and conditions of
this Agreement. This Agreement is governed by the provisions of Pennsylvania Secondary Mortgage Loan Act
and applicable Federal law.
Date:
Customer Signature
Date:
JUN 85 2002 89:50 PR MOLLICA AND MURRAY 4123817111 TO PG P.02/02
VERIFICATION
Patricia Garda, Recovery Specialist for
HOUSEHOLD REALTY CORPORATION, a Household International Company
deposes and says subject W the penalties of 18 Pa C.S. Section 4904 relating to unsworn
falsification to authorities, that the facts set forth in the foregoing Complaint are true and correct
to the best of her knowledge, irfformation aud belief.
Patricia Garcia
THIS IS AN Al lamlF3' TO COLLECT!
A DEBT AND ANy INFORMATION
OBTAINED WILL m: USED FOR
TOTAL PAGE.02 ~
SHERIFF'S RETURN -
CASE NO: 2002-03857 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOUSEHOLD REALTY CORPORATION
VS
MOHMAND JAVID A
REGULAR
JASON VIORAL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MOHMAND JAVID A the
DEFENDANT , at 1000:00 HOURS,
at 817 MEADOW LANE
CAMP HILL, PA 17011
JAVID MOHMAND
on the 16th day of August 2002
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:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this ~ day of
! Prothonotary
So Answers:
R. Thomas Kline
08/19/2002
MOLLICA & MURRAY
By:
uty Sheriff