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Home My WebLink About12-1215WELTMAN, WEINBERG & REIS CO., L.P.A. Attorney for Plaintiff(s) BY: William T. Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9467167 LJ awl t^ ; ! ;s I._ HT'll Ai t? EEB 27 Ail 11: CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STERLING JEWELERS, INC. D/B/A KAY JEWELERS Plaintiff vs. Civil Action No. c-9()[0-)-' / a /S `'' Ul AARON BROWN Defendant(s) 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, 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 C5) p.N.? ?? 0 3.75 >I cl? c?.+?Jb3s??yg -r7 l SS COMPLAINT Plaintiff is a corporation having offices at P.O. Box 1799, Akron, OH 44309. 2. Defendant is an adult individual residing at 1121 Rebeca St, Carlisle, PA 17013. 3. Defendant applied for and received an account for credit with Plaintiff pursuant to the terms and conditions set forth in Plaintiff's Retail Installment Credit Agreement ("Agreement"), executed by Defendant. A true and correct copy of the Retail Installment Credit Agreement is attached hereto as Exhibit "1" and made a part hereof. 4. From on or about December 18, 2004 through December 01, 2007, Defendant purchased several jewelry items ("Jewelry Items"'), more specifically identified in the attached Sales Slips from Plaintiff. A true and correct copy of the Sales Slips of said purchases are attached hereto as Exhibit "2" and made a part hereof. 5. Defendant failed to pay the entire balance due to Plaintiff, leaving a total amount due of $1,996.91 as of January 31, 2012. 6. Defendant is in default of the terms and conditions of the Agreement, Sales Slips and any other document provided to Defendant with respect to having credit through Plaintiff by failing to make required monthly payments and/or pay the entire balance in full. 7. Plaintiff claims interest at the statutory rate of 6.00% per annum from the date of judgment on the unpaid balance. WHEREFORE, Plaintiff prays for the entry of Judgment against Defendant, Aaron Brown, individually, in the amount of $1,996.91 plus continuing interest thereon at the statutory rate of 6.00% per annum from the date of judgment and costs. WELTMAN, WEINBERG AND REIS, CO. L.P.A. William T. Molcz squire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File 4 9467167 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. I N - l E p S K A Y) tr57 UD 16 SSN -7 Mr VII Sly [ I INDIVIDUAL ACCOUNT: In one name and based ( 1 JOINT ACCOUNT: Is based o•r credit worthiness of bath [ 1 COSIGNED ACCDUNT: C:+si;ne: and applicant -ust each solely on yojr cwn credit worthiness. Applicant •1 applicant one pint applicant. Both may use the account and will co-plete separate a:plicadons, Only appl cant will be ;ermlled to marrle., may apply for en Ind vidual account be liable and res;.onsible for payments. Both 'gust sign below. use the account, bull both will be fratle and responsible f•:r paymen ro5. cn su) )r1 or se rate maiaenanx need tar be ie'nal r Du o not wi sn to r_I On IT to a n :r iL r. 1. Are you a U.S. Citizen') Y A 2. Are you n the REAtary? Y N Name: 3. ?q y:u have estabfshed credit? Y Home Address: [ 112-1 ode: r State: -70 erne one< Rieuy MosBrlyt Length Phone: Sllled Uader: Ulf Pe ent: m Time: Statement Mailing Address: Number of • rfdiNefa"tthan above) Dependents: Z17 1 ? p'' " Lee tb Prevloss Address: f It'd 4 c( 4 r1 at curreaf address Less therr 3 S resist flit of a: . - . DL DL SSN DlC: Stale: Iss Omer Ph= ) E-Mail Address: Em I Position: tl-Em l ed? Y I f? c A 4 Address: City tat e: 7 Phone 1 i6o W Gross Moethl Salary: . Length of Time: ?......? Previous Employer: Prev, (Ihwith current a-ployerle3s than r ar) Len th of Time: 'Other Income Amount: So e: Nearest Relathre j a ? Not Livia With You: ( j ) i Z(p Address: City: Slate: Coda Receiver of Merchandise Relationship or Second Reference: to Applicant: ) Phone:( Address: City: State: Code: Retetianshlp Rent/Buyl Are you a U.S. Citizen? Name: to Applicaet Other. Y N ` Address, City, State, Zip Code: ' LenrrqMttr (If different from prhwaryapplicant) of Tfrae: DL Phone: ( SSN: DOB: DLt- State: Emplo r Nam and Address: Self-Employed? Y N Phone: ( Work En: Gross Month Sala : Length of Time: 'Other Income Amount: Source: You may investigate my credit record and obtain a consumer report :n connesdon with this application and Iner in ccnnec:.en with an updare, -enewal, extension of credit or collection of the account. Upon request, I will be tole whether or not a consumer report was requested and, if such a report was requested, I will be to'd tY.e name and address of the reporting agency that lumished that report. TO FIND OUT ABOUT CHANGES IN THE INFORMATION IN THE AGREEMENT ACCOMPANYING THIS APPLICATION, WRITE TO US AT P0. BOX 3680, AKRON, OH 44309-3680. STATE LAW REQUIRES US TO GIVE THE FOLLOWING NOTICES: California Residents: After credit approval, each applicant may be liable for all amounts of credit extended under this Account to any joint applicant. Ohio Residents: THE OHIO LAWS AGAINST DISCRIMINATION REQUIRE THAT ALL CREDITORS MAKE CREDIT EOUALLY AVAILABLE TO ALL CREDITWORTHY CUSTOMERS, AND THAT CREDIT REPORTING AGENCIES MAINTAIN SEPARATE CREDIT HISTORIES ON EACH INDIVIDUAL UPON REQUEST THE OHIO CIVIL RIGHTS COMMISSION ADMINISTERS COMPLIANCE WITH THIS LAW. New York Residents: We have a security interest in goods costing more than 5200 until the full payment price of those goods is paid. Wisconsin Residents: MaritpJ Agreemert Notice • No provisior. cf marital property agreement, unilateral statement under Sec. 766.59 Ms. Slats., or court decree under Sec. 766.70 Wis. Slats., wall adversely eect our rigtrf: unless we are furnished a copy of the agreement, statement o• decree, or we have ac*_al kno%tiiedge of its terms, bd"r credit is graced -Dr the acr_ount Is opened. We are requireG to ask Ma•ri8d residents of Wiscons.n forme following information: Name of Spouse: Address of Spouse: BEFORE SIGHING BELOIIi[, 1 ME) HAVE READ THE DISCLOSItRES THAT APPEAR ON THIS APFUCATION AND THE KAY SM= NEW INFIR MIT MW AGREENWIT. THE TERMS OF WWR ARE DIt MRATED BY RBHIENCE N AND MOE A PART OF THIS APPLIC AND I M8 HAVE RECEIVED A COPY 9 THAT AGREEAIEHE Applicant: Date: /Z' Joint Applicant X Credit Line: ?Loj c. Account Number: ` ? ..s 0300-13S-CUT*jT 680891 oufTO M Tsa?Ilolt 110, .jlkl S iw.w.o.r sawcEom Y N orrf woo a Aoooerlr W. 1a wo. a? ota AwO? u.w Rr? ? aK K A Y' J E W E L E R S ..an 1c.1r! kay. com T H A N K Y o u .12101/07 13=07 1091 2 1b16 (343113 PAYIMMT NWTECTLOII Ku BY BMW OPTIONAL PAYMENT PROTEWION PLAN INSURANCE, I AGOIDWLEDGE TWIT 100 NOT NEED TO PURDVM TICS INSURANCE TO GET CREDIT NO I CAN GET SIMILAR COVERAGE. INCLUDING PROPERTY OOVEIIAGE FROM ANY INSURER I CHOOSE. FNY11Elfr PROTECTION PLAN INCLUDES CR®Ir URE, DISABwy. INVOLUNTARY UNEiIPumm3fr, PROPERTY, JDB RsRAINIMG AND LEAVE OF AIISEICE TD 7HE EXTEEIT AVAILABLE IN MY STATE AS DESCRIBED IN THE SUMMARY OF INSU RNAW COVERAGES'. i READ NO I MEET TW ELAGIBMM REOLu MHITS SHOWN IN THE SUMMARY OF INSURANCE COVERAGES'. MONTHLY PREMIUM CIWW ARE USED ON THE ACCOUNT. WLANCEI NO THE RATE SHMNIN. I WIU RECEIVE NOTNS:'OF ANY RATE IIICREA,SE. I MAY CANCEL. AMY TIME. 'PLEASE SEE THE SUMMARY OF INSIIRANLE'COVEWES PROWDEO ON THE REVERSE SIDE YEAR, PLEASE ENROLL NE IN PIAYNENr PROTECTION FLAW CREDIT INSURANCE DATE OF BIRTH DATE i Gomm _IJ . I ? MO, 00 NOT ENROLL ME IN PAYMENT PROTECTION PLAN CREDIT' INSURMICE um f SICYIIURre AlJ"40RIZR7M OOOES SECLOM AGREEMIM uTa1 A?TTIAT t'T1E? •A11At?f awia?myorawea? IE1a11EE awuwl wawArw?e t. 11LE11IN? IElawoA ?ry rIBOT ? M ?? ot101®ADIIE ? w CT, wD (?AASI' MOY?4 twolw dec 110 M/ ? AA1T Nwfldll? I?t fwDn urla TIE 1I01?E wAnoE Of MA71 oooc? E Iu11r IT11o AItD a I1 E?o+ESar Ap1®1/i[ ,,=a IACOO Two: ¦ TIE Eil w OF ormAx 61x1 swu w 6mnm it T of TIE wm. mom m ww mm MU leoolE SM AO RUNU ¦ TIE i AW To TIE LYNN PBWM wf APKGNIE Uwe : rAaon?olttlETelrtsTwtller,Ellearuor<tiw9rL+sral?n?elle?Iarteiol®rw?relP+EVlarsyEMUAUa WONTIN ?TMA AWAu TIE IB AID=MMCF THATMMM APE WCOMPMOM¦AM BOLL K AMITof TTAO WAY JEWRIF 4 P.O. SM ZM NWOPL 01110 "=64014 NIOTM NMM REVEMlBE sNOE Fm wpoRmw INPOPlAIATLON 01pML VAU V Pat" FO11APLM owOMAL am RECEIPT MUST ACCOMPANY ALL EXCHANGES / REFUNDS. as" SEE BACK FOR REFUND INFORMATION. ip4taow ustDar Nallei AARON NO 0 N PUR Opt sw Dsc Retail Sold 1 171677709 ADV 1999.00 12559.99 uarantee 04532-1783 14YG DIAMOND NED(EA 17 ESP 99.99 O.OOHT 1359.98T SURTOT 1359.98 SALES TAX 6.M 81.60 TUTAL - 1441.58 CASH 20.04 VISA 280.00 )0 =X)OOO0tlf6W APRV 151118 SS TOTAL: WA PArNENT 340.00 M7800069 IF45 081T PIA 1141.58 TH LY PAYMENT 4H THIS R501ASE 100.00 o maintain Interest free Ran THIS sale, wh aims& oo Akdr payw* oust be Keived by due date on your statewnt. AN+NTA' S CERT ISSIO 40D.00 ESP KW AWMN MOWN I.SPRSi! 952125 TAX TYPE 1 STAINDARO AY JEWELERS ARLISL.E PIA SALE JEWELRY RUTH CODE •x.51.115 ISA owoo 16807 091-101 1/ ... TOTAL 280.00 TO PAY THE ABOVE TOTAL ISSUER AGREEM V OU MAY E7D RGE CR RETM YM PIHRCW WITHIN 90 DAYS 30 DAYS FOR MATCHES) CUSTOM DESIGNED JOWY NOT RETOWLE EXHIBIT a VERIFICATION The undersigned does hereby verify subject to the pena ' 1 P s. 49 4,? relating to unsworn falsifications to authorities, that he/she is WkL AN&L+ Of IYA44-&S 6- J S(TITLE) C MPANY) herein, that 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. uvft?'- (9IGNATURE) WWR# 9467167 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L , -F F I Sheriff 7? 4?,4xn a' ?ur.6rr/t Jody S Smith w '?a 2°,1? MAR _0' A 8; t 2) Chief Deputy Richard W Stewart LL1M0L'-'rZ'L kt J C; 1U141 I Y Solicitor PENNSYLVANIA Sterling Jewelers, Inc. Case Number vs. Aaron P. Brown 2012-1215 SHERIFF'S RETURN OF SERVICE 02/28/2012 08:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2012 at 2050 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Aaron P. Brown, by making known unto himself personally, at 1121 Rebecca Street, 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: $34.00 February 29, 2012 c ROB BITNER, DSO ANSWERS, K;,7 RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV -_ CIVIL DIVISION 4? r.3': 7 n STERLING JEWELERS, INC. (7) DB/A KAY JEWELERS Plaintiff vs. Civil Action No. 2012-1215 CIVIL AARON BROWN Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Aaron Brown above named, in the default of an Answer, in the amount of $1,996.91 computed as follows: Amount claimed in Complaint $1,996.91 Less Payments/Adjustments Made -$0.00 Attorneys' fees $0.00 TOTAL $1,996.91 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: kN4,, ? l /rJ William T. Molczan, Esquir PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9467167 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1121 REBECCA ST, CARLISLE, PA 17013 01A 16'5b C?'* )6(4-2 24 a -?Lt N 39 mo?cl uc??U4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KAY JEWELERS Plaintiff vs. AARON BROWN Defendant TO: AARON BROWN 1121 REBECCA ST CARLISLE, PA 17013 J Date of Notice:J 1 D 112- ( 2 Case No. 2012-1215 CIVIL Case IMPORTANT NOTICE 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 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 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: -4 .===== Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 9467167 A PIT B41 IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STERLING JEWELERS, INC. DB/A KAY JEWELERS Plaintiff Civil Action No. 2012-1215 CIVIL vs. AARON BROWN Defendant NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, Aaron Brown is not in the military service. Affiant further states that this belief is supported Manpower Data Center (DMDC), which states that the indicating that the below individual is in the military service: by the attached certificate from the Defense DMDC does not possess any information AARON BROWN 1121 REBECCA ST CARLISLE, PA 17013 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Affiant Department of Defense Manpower Data Center Results as of: Apr-19-201212:39:20 40 Status Report Pursuantto the Servicemembers Civil Rehef :pct Last Name: BROWN First Name: AARON Date Of Interest: ARr-19-2012 Active Duty End Date Status Service Component On Active Duty On Date of Interest No NA This response reflects the individual's active duty status based on the Date of Interest. Left Active Duty Within 367 Days of Date Of Interest No NA This response reflects whether the individual left active duty status within 367 days preceding the Date of Interest. The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Date of Interest No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the date of interest as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. y6t A. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STERLING JEWELERS, INC. DB/A KAY JEWELERS Plaintiff vs. Civil Action No. 2012-1215 CIVIL AARON BROWN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order d e t was entered against you on M,3011,?k (xx) Assumpsit Judgment in the amount of $1,996.91 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 (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary • By: PROTHONOTARY (OR DEPUTY) AARON BROWN 1121 REBECCA ST CARLISLE, PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 1-888-434-0085