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HomeMy WebLinkAbout09-5923 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff No. N/ - -S-q ?3 U 1 T rm vs. ROBERT B SHEAFFER 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#7696681 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff VS. Civil Action No. ROBERT B SHEAFFER 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 an adult individual residing at 337 WOLF BRIDGE ROAD CARLISLE,PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 3098521390 . A true and correct copy of the Application is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of AUGUST 5, 2009, in the amount of $ 1,326.74. 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, ROBERT B SHEAFFER individually, in the amount of $ 1,326.74 with continuing finance charges thereon at the rate of 0.00% per annum from DATE OF JUDGMENT 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 C. BP PA I.D. #42 24 WELTMA EINB 1400 Kop er uildin 436 Seve t Avenue Pittsbur PA 15219 (412) -7955 , Esquire ERG & REIS CO., L.P.A. WWR#:7696681 lei a m4 E M m H P 9? 51 v? Z P IIIH a m Syp haw -FF P. RL ? lei s r• .t .r Wn -1 C4 m VIE rr -1+ 3 ? ? .? rAC g IM.? O `? r g 5ou? ? r b N CIO ?. m I I I x 1 .1 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? Y\ a? P 'V (Name) of Le.'U Z?n , plaintiff herein, that (Title) (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. AJ-A - -- h" M " (Signature) WWR#7696681 (S) L 199 r'--. r+' G f ?'i .7 ?.Ut ` ??a?i9sz/ Sheriff s Office of Cumberland County R Thomas Kline ~_~~{J_" ~,4,,: Sheriff ~~r~t~~ of ~u~tt6rrft , r'F Th'i •_ .,. ;,~a_ t,~Y ': ~;: Ronny R Anderson , l~ ~a Chief Deputy ~ •~}• ~~~~ ~ ~i' _ ~ N ~= • J Jody S Smith ''` Civil Process Sergeant oe cE F ~^` ~"~R~F~ ~U~J~_„ ! "~~F~~% j :i_ Edward L Schorpp ~ '" '"' ~ " Solicitor Kay Jewelers vs. Case Number Robert B. Sheaffer 2009-5923 SHERIFF'S RETURN OF SERVICE 08/31/2009 05:06 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 31, 2009 at 1706 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert B. Sheaffer, by making known unto himself personally, at 337 Wolfs Bridge Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handinc to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS ~~ September 01, 2009 R THOMAS KLINE, SHERIFF Deput Sheriff