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Home My WebLink About09-4650IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff No. C9 - q&50 (),V,1 Ter., VS. MATT D JONES Defendant COMPLAINT IN CIVIL ACTION 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7550092 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff vs. Civil Action No. 09- q6, S'0 MATT D JONES Defendant COMPLAINT IN CIVIL ACTION 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in PO BOX 1799 AKRON, OH 44309-0000. 2. Defendant is residing at 143 FRYTO WN ROAD CARLISLE,PA 17015. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 3075912808. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE 5, 2009, in the amount of $ 4,453.01. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 0.00% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, MATT D JONES individually, in the amount of $ 4,453.01 with continuing finance charges thereon at the rate of 0.00% per annum from JUNE 5, 2009 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAMES ARMBRODT, Esquire PA I.D. 42 24 WELT A , WEINBERG & REIS CO., L.P.A. 1400 op rs Building 436 ve th Avenue Pitts ur , PA 15219 (412 47955 WWR#:7550092 ?HW CY- 1 qV_ MS? ss 1 r. ' y`- t I z Y n S• 4 4?' f it f N Ny jail 0 ?- ? 0 jl? u sip; < HE P- R r1 I vq4 V4 DC Jla 3 Z. Ing ?? . ice I AM fq 1H :.2 Q .. ? 1-4 $ ? l ED Ed 1 SIX W?? ' ????. jj ?Y X11• Flo INN lilt lie,I I T UP fin 0 g; co ill VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is 1_ (Name) of , plaintiff herein, that ( itle) (Company) 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) WWR#7550092 Q THE 2CG9 JU! 13 Fi i 1: 3 4r18.5o Po AT'N U"' Iae,7 904 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFFICE '":4'µr ."MFF FI EG40,FFICE JE THE PRCTH0°,10,TAFY 2009 JUL 23 AM 9: 4 9 PENNOlugNMA Edward L Schorpp Solicitor Kay Jewelers vs. Matt D. Jones Case Number 2009-4650 SHERIFF'S RETURN OF SERVICE 07/17/2009 07:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 17, 2009 at 1935 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matt D. Jones, by making known unto himself personally, defendant at 143 Frytown Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 July 20, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff VS. MATT D JONES Defendant No.: 09-4650 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7550092 Judgment Amount: $4,453.01 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff VS. Civil Action No.?Sk-q,?0S( ) (:j v ATSWA MATT D JONES Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MATT D JONES, in the amount of $4,453.01 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff MATT D JONES, By: Defi WWR#7550092 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff VS. Civil Action No.: 09-4650 CIVIL TERM MATT D JONES Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, MATT D JONES, above- named, in the amount of $4,453.01 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $4,453.01 with continuing interest thereon at a rate of 6.00% per annum plus costs from July 23, 2009. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, MATT D JONES, in the amount of $4,453.01 plus continuing interest thereon at the rate of 6.00% per annum from July 23, 2009 and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $150.00 due by AUGUST 15, 2009; (b) $150.00 due on the 15th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. All payments are to be made payable to the order of "KAY JEWELERS" _j 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. Intending to be legally bound, the parties set their hands and seals thi i ZJday of /ki-149, 20 O l WELT WEINBERG & REIS CO., L.P.A. B ?. Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7550092 By: Defendant, MATT D FILED 2009 SEP _ FI-i 2: 09 i 'j I, GL: " . /,/m tq*j (10 ya3 1yak PRO d'? /7j, Alo-l 1 Cl OdcU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff vs. Civil Action No.: 09-4650 CIVIL TERM MATT D JONES Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on q 1314 (xx) Assumpsit Judgment in the amount of $4,453.01 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 Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Protho ry By: PR ONOTARY PUTY