HomeMy WebLinkAbout08-1612I
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CO.
Plaintiff No: 0'iV1t 7?'rm
vs.
COMPLAINT IN CIVIL ACTION
JAMES HEFFELBOWER
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 2718
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06159432 C A Pit LXR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CO.
Plaintiff
VS. Civil Action No
JAMES HEFFELBOWER
Defendant
COMPLAINT AND 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
V
COMPLAINT
1. Plaintiff, AMERICAN EXPRESS CO. is a corporation with offices at
5800 NORTH COURSE DR HOUSTON , TX 77072 .
2. Defendant is adult individual(s) residing at the address listed
below:
JAMES HEFFELBOWER
15 E ALLEN ST
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number 371544385931009 .
4. Defendant made use of said credit card and has a current balance
due of $6016.51 , as of December 11, 2007 .
5. Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff.
6. Plaintiff is entitled to the addition of interest at the rate of
0.0008 per annum on the unpaid balance from December 11, 2007 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and
made a part hereof.
i
7. Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due to Plaintiff.
Wherefore, the Plaintiff prays for judgment in its favor and
against Defendant , JAMES HEFFELBOWER , INDIVIDUALLY , in the amount
of $6016.51 with continuing interest thereon at the rate of 0.000% per
annum from December 11, 2007 plus costs.
James
436
Pit
(4
F
0 1
Warmbrodt,42524
WEINBERG & REIS CO., L.P.A.
ev th Avenue, Suite 2718
bu gh, PA 15219
34-7955
12-338-7130
432 C A Pit LXR
This law firm is a debt collector at pting to collect this debt for
our client and any information obtai}fed will be used for that purpose.
DUPLICATE COPY
AMERICAN M-ISM
EXPRESS usiness Management Account"m Prepared Far - - - - - - -Account Number - - - - - -
JAMES A HEFFELBOWER XXXX-XXXXX9-31009
HEFFELBOWERS PLB/HTG
Now Activity;
Previous Balance S Payment Actively S Finance Charges if aand ny New Balance : AmOU?ntA i
Payment Due Date
6,016.51 F 0.00 0,0011 =6,016.51
1
09103/07
Mtnlmum Amount Due
Includes:
Past due amount
Credit Line Total Credit Available Credit Cash Advance Available Cash
Summary Line $ Li 120.00
his month's amount due
$120
0
ne $ Limit $ Limit $
on 08/09/07 8,600.00 2,583.49 0.00 000 .
r
Please refer t page 2
for important i nformation
regarding your account
Your account has been cancelled and suspended.
To manage your Account online or to pay your bill, please visit us at open.americanexpr
F ess
com
or additional contact information, please see the reverse side of this page. .
.
ti..
Activity - 'POe" l I
Total of Payment Activity Amount S
0
.00
----- - ------------------
Total of New Activity
0.00
rmance t.narges
Billing days this penod: 31
Purchases
Cash Advances
U
Periodic Rate PERCENTAGE PERCENTAGE NNCE
RATE FINANCE
RATE cHeRr.F t
0.00 0.0828% 0.00% 30.24%
0.00 0.0828% 0.00% 30.24%
0.00
0.00
0.00
Certain of the periodic rates and APRs above may be variable
Those rates
.
may vary
based upon the prime rate identified in the Wall Street Journal, as described in your
Cardmember Agreement as currently in effect.
EXHIBIT
I
Please fold on the perforation below, detach and return with your payment
ayment Coupon 3715-443 t N DO9 Payment Due Date: Please enter account
09/0V07 number on all checks and
correspondence.
Total New Balance Make check payable to
JAMES A HEFFELBOWER $6,016.51 American Express.
H E FFE LBOWE R S P LB / HTG Minimum Amount Due
10 W See Finance Charges
WINDING HILL RD $240.00 section on reverse side for
° MECHBG PA 17055-5172 a description of when
additional Finance
LL
^
Il?tlllt,.IIIt,.,I?Ittltlttltlt,trllltttlttltltttllllttt?llt?l $ Char
ges are not assessed
on Purchases.
Amount enclosed Check here if your address
or telephone number has
Mail Payment to: ILIJILLIJJLI?IIILttIIIJIJrIII?ttJILILIItIrLltlll changed. Please note
AMERICAN EXPRESS changes on reverse side.
P.O. BOX 2855 El
NEW YORK NY 10116-2855
LttIIlltttt?Jlt??ILllttttlJl?Jttis lrtIf III IIIrlrloff rlif I
0000371544385931009 000601651000024000 08 d
DUPLICATE COPY
OPEN Saving' Summary
Prepared For AcowrA Number Page 3 of 3
EMIR- JAMES A HEFFELBOWER
HEFFELBOWERS PLB/HTG XX)OC-XXXXX9-31009
Total Savirigs fo Date - - - - - - - - - Savings SCnce - - - Savings This Period - - - -
For This Account Jan 2007 Through Aug 08
0.00 0.00:
Program End Date Transactions
This Period Discount % Savings
or Credit This Period SavinY11
108
COURTYARD BY MARRIOTT - For participating
hotels, visit maniott.com/opensavings Ongoing $0.00 5% $0.00 2
$0.00
DELTA - Flight purchases Ongoing $0,00 3% $0.00
$0
00
FAIRFIELD INN BY MARRIOTT - For
hotels, visit marriotLoom/opensavings participating Ongoing $0.00 5% $0.00 '
$0.00
Int ational Exprments and Ongoing $0.00 5% $0,00 $0.00
FEDEX KINKO'S OFFICE AND PRINT CENTERS -
Document solutions and business services Ongoing $0.00 5%
$0.00
$0.00
GATEWAY - Desktop and notebook PCs, servers,
storage solutions, and more Ongoing $0.00 5% $0,00
$4.1110
HERTZ - Car rentals Ongoing $0.00 5% $0.00
$0
00
HYATT - Hotels and resorts in the U.S. Ongoing $0.00 3% $0
00 ,
JETBLUE - Flight purchases
Ongoing
$0.00
3% .
$0
00 $0.00
_RUBY TUESDAY-=Casual -dining -----------------
-------- 0n6i --
g ??
--------
$0:00
5%- - - - - - - - ,
- $0
00 $0.00
SYMANTEC - Secu and Bads-up software
Including Norton(TMf products
Ongoing
$000
10% .
$0.00 $0:00
$p,00
SPRINGHILL SUITES BY MARRIOTT - For particip.
hotels, visit marriott.com/opensavings Ongoing $0.00 50/°
$0.00
x,00
WINGATE BY WYNDHAM- Hotels in the U.S.
1-800-FLOWERS-COM - Flowers and gifts
Ongoing $0.00 5% $0.00 $0.00
Ongoing $0.00 5% $0.00 $0.00
Totals
$0.00 $0.00
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unworn falsifications to authorities, that he/she is -Dro RnwSsotiJ
? e)
of plaintiff herein, that
(Title) "?(?Compa )
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his/her knowledge, information and belief.
(Signature)
W WR#06159432
00
OG' .G
04
N
- C
c-73 77
ctA,
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01612 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN EXPRESS CO
VS
HEFFELBOWER JAMES
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LTVL'7VT.QnTATWV TnMPQ the
DEFENDANT , at 1310:00 HOURS, on the 27th day of March , 2008
at 34 W MAIN STREET
MECHANICSBURG, PA 17055
by handing to
JAMES HEFFELBOWER
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
vjb3/6 $ 4-
So Answers:
18.00
9.60
00
10.00 R. Thomas Kline
.00
V37.60 03/28/2008
WELTMAN WEINBERG REIS
Sworn and Subscibed to
before me this day
By Deputy Sheri
of A.D.
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CO.
Plaintiff
vs.
JAMES HEFFELBOWER
Defendant
No. 08-1612
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
JAMES C. WARMBRODT, ESQUIRE
PA I.D.#42524
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06159432
Judgment Amount $ 6201.73
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
I t
A.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CO.
Plaintiff
vs. Civil Action No. 08-1612
JAMES HEFFELBOWER
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, JAMES HEFFELBOWER above named, in the default of an
Answer, in the amount of $6201.73 computed as follows:
Amount claimed in Complaint $6016.51
Interest from DECEMBER 11, 2007 to JUNE 17, 2008
at the legal interest rate of 6.0% per annum $185.22
TOTAL $6201.73
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA
R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
JAMES C. WA
PA I.D.#42524
Weltman, Wei
1400 Koppers
436 Seventh
Pittsburgh, A
(412)434- 95f
59432
ODT, ESQUIRE
& Reis Co., L.P.A.
19
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t` Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 15 E ALLEN ST, MECHANICSBURG,PA 17055
I • . •
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CO.
Case no: 08-1612
Plaintiff
vs.
JAMES HEFFELBOWER
Defendant
NON-MILITARY AFFIDAVIT
The undersigned, who first being duly sworn, according to law, deposes and states as follows:
That he/she is the duly authorized agent of the Plaintiff in the within matter.
Affiant further states that the within Affidavit is made pursuant to and in accordance with the
Servicemembers' Civil Relief Act (SC.RA), 50 U.S.C. App. § 521.
Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JAMES
HEFFELBOWER is not in the military service.
Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data
Center (DMDC), which states that the Defendant, JAMES HEFFELBOWER is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWQRN TO AND SUBS RI ED in my presence this /Y day
o U?
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jennifer M. Borowski, Notary Public
City of Pittsburgh, Allegheny County
My Commission E Feb. 22, 2012
Member, Pennsylvania Aesoclown of otad"
This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be
used for that purpose.
I • I
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CO.
Plaintiff
JAMES HEFFELBOWER
Defendant(s)
IMPORTANT NOTICE
TO: JAMES HEFFELBOWER
15 E ALLEN ST
MECHANICSBURG,PA 17055
Date of Notice: WWR#: 06159432
Case # CIF)
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 OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE 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 FOLLOWING 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
BY : o 1 a- t NGt WOU rer?---
PATRICK THOMAS WOODMAN
PA I.D. #34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BLDG, 436 7TH AVE.
PITTSBURGH, PA 15219
• Rsquest for Military Status Page 1 of 2
Department of Defense Manpower Data Center JUN-17-2008 07:43:33
Agfhk
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
< Last Name First/Middle Begin Date Active Duty Status Service/Agency
HEFFELBOWER JAMES Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Military.
14
101.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act
[50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's active duty status by contacting that person's
Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on
active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA
may be invoked against you.
If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle
name), you can submit your request again at this Web site and we will provide a new certificate for that
query.
This response reflects current active duty status only. For historical information, please contact the
Military Service SCRA points-of-contact.
See: http://www.defenselink-mil/faq/pis/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/17/2008
. , Rrquest for Military Status
Page 2 of 2
by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID: GKAHMOOUET
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/17/2008
-W
Oz
.C.
C
O J _ ,.
I . . -
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
AMERICAN EXPRESS CO.
Plaintiff
vs. Civil Action No. 08-1612
JAMES HEFFELBOWER
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Jud ent was entered against you
on
(xx) Assumpsit Judgment in the amount
of $6201.73 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration
will be suspended by the Department of Transportation, Bureau
of Tragic Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By:
By H NOTARY EP Y7ifi
)
JAMES HEFFELBOWER
15 E ALLEN ST
MECHANICSBURG,PA 17055
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219
1-888-434-0085