HomeMy WebLinkAbout14-2518 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
1 �
Judicial District, Coun ty O � (,( lOQ( vi21 FROM
MAGISTERIAL DISTRICT JUDGE JUDGMEN
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
ADDRESS OF APPELLANT CITY ST A q M ZIP CODE
j - � 1 I
DATE OF JUDGMENT
am an
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
UP
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days afterfiling the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon (1'� �� appellee(s), to file a complaint in this appeal
v
Name ellee(s)
(Common Pleas No. S ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
v
Signature of appellant or korney or agent
RULE: To' - �— , appellee(s)
ame
or apps ee s
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
`
Date `�' 20(Al �.vi a _
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF T1-Ct 746Ti�E �WDG � r TITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
The appellee and the magisterial district judge in whose office the judgment was rendered must be served with a copy of this Notice
pursuant to Pa.R.C.P.M.D.J. 1005(A),I C11��! },�,`•i
cutL4 ®jpg pi l
AOPC 312 -05
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COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Notice
Mag. Dist No: MDJ- 09 -2 -01. Sterling Jewelers Inc., a Delaware Corporation
MDJ Name: Honorable Paul M Fegley DBA Kay Jewelers
Address: 2280 Spring Road, Suite 3 V.
Carlisle, PA 17013 Brad D Sheetz
Telephone: 717- 218 -5250
Brad D Sheetz Dockel Na: MJ- 09201 -CV 0000113 -2013
705 Macarthur Drive Case Filed: 11/2212013
Carlisle, PA 17013 -1582
Disposition Summary (cc -Cross complaint)
Docket No Plainti Q2fandant Disposition Dispositlon Date
MJ- 09201 -CV- 0000113 -2013 Sterling Jewelers Inc., a Brad D Sheetz Default Judgment for Plaintiff 04/01/2014
Delaware Corporation DBA Kay
Jewelers
Judgment Summary
Participant ,joint/5everal Liability Indydual Uability Amount
Brad D Sheetz $0.00 $1,792.29 $1.792.29
Sterling Jewelers Inc., a Delaware Corporation $0.00 $0.00 $0.00
DBA Kay Jewelers
Judgment Finding t•PostJudgmenQ
In the matter of Sterling Jewelers Inc., a Delaware Corporation DBA Kay Jewelers vs. Brad D Sheetz on MJ-09201 -CV- 0000113 -2013,
on 4/0'V2014 the judgment was awarded as follows:
Judgment Component jgint/Several Liability Individual Liability Deposit BRR led Amount
Civil Judgment $0.00 $1,663.39 $1,653.39
Costs $0.00 $128.90 $128.90
Grand Total: $1,792.29
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARYICLERK 'OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NO'r10E OF
JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
V
• F a i 1 e
v" \J
Date Magisterial District Judge Paul M.Fegley
certify that s is a true and correct copy of e record the proceedings containing ft J09
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 04 /01/2014 1t58:42AM
1
V
Sterling Jewelers Inc., a Delaware Corporation Docket No.: MJ-09201 -CV-0000 113-2013
DBA Kay Jewelers
V.
Brad D Sheetz
Participant List
Plaintiff(s)
Sterling Jewelers Inc., a Delaware Corporation DBA Kay Jewelers
375 Ghent Road
Akron, OH 44333
Defendant(s)
Brad D Sheetz
051VIacarthur
Carlisle, PA 17013 -1582
Complainant's Attorneys)
Attorney Michael F. Ratchford, Esq.
Edwin A. Abraharnsen & Associates, PC
120 North Keyser Ave
Scranton, PA 18504
pr,, 6 L.
L., TH No
PR 30
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PEN ouNT
NS !SAN, -
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
C,r)
AFFIDAVIT: I hereby (swear) (affirm) that I served
[71 a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on
; SS
(date of service) 20V-4 , Ei by personal service by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name)71: '
'Dc 201L-k C]by personal servic
sender's receipt attached hereto.
THIS 15 DAY OF . , 20 1 LA
(SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
Signature cial before whom affidavit as made
KVA Ca)
Title official
My commission expires onlan, 20\ (0
AOPC 312A- 05
by (certified) (registered) mail,
Signature a Ian
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Gretchen T. Giles, Notary Public
Somerset Boro, Somerset County
My Commission Expires Oct. 15, 2016
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IN THE COURT OF COMMON PLEAS 'OF 3
CUMBERLAND COUNTY, PENNSYLVANIA,,.
a:l.i`fitdl
Sterling Jewelers Inc. a Delaware
Corporation DBA KAY JEWELERS
375 Ghent Road
Akron, Ohio 44333
vs.
BRAD D SHEETZ
705 MACARTHUR DR
CARLISLE PA 17013-1582
: CIVIL ACTION f'LN1dS L/M/i
7
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�.ila tV ,i i
CJ' r7ERL/- AND COUNT
'Plaintiff :
Defendant
NO: 14-2518 CIVIL
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 to
Defend 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 ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Sterling Jewelers Inc. a Delaware
Corporation DBA KAY JEWELERS : CIVIL ACTION
375 Ghent Road
Akron, Ohio 44333
vs.
BRAD D SHEETZ
705 MACARTHUR DR
CARLISLE PA 17013-1582
Plaintiff :
: NO: 14-2518 CIVIL
Defendant :
COMPLAINT
Plaintiff, Sterling Jewelers Inc. a Delaware Corporation DBA KAY JEWELERS, by and
through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as
follows:
1. Plaintiff, Sterling Jewelers Inc. a Delaware Corporation DBA KAY JEWELERS,
(hereinafter "Plaintiff') is a corporation with a principal place of business located at 375 Ghent
Road Akron, Ohio 44333.
2. The Defendant BRAD D SHEETZ (hereinafter "Defendant") is an adult individual
residing at 705 MACARTHUR DR CARLISLE PA 17013-1582.
3. Defendant applied for and received a credit card issued by Sterling Jewelers Inc. a
Delaware corporation DBA KAY JEWELERS with the account number ending in 9778.
4. Use of the Sterling Jewelers Inc. a Delaware corporation DBA KAY JEWELERS
credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter
"Agreement"), a copy of which was sent to the Defendant along with the credit card.
5. Defendant used the Sterling Jewelers Inc. a Delaware Corporation DBA KAY
JEWELERS credit card account number ending in 7518, for purchases, cash advances and/or
balance transfers.
6. The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due.
7. The Defendant last made payment on February 12, 2013.
8. The total amount due and owing the Plaintiff, including interest, is $1,663.39.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $1,663.39 plus costs of suit and any other relief as the Court deems just and
appropriate.
Respec fully subi tt
1414#14*11
iCr ael . Ratchford, squire
Attorney LD. Nos.: 8 285
120 N. Keyser Ave
Scranton, PA 1850'
mratchford@eaa-1. w.com
Phone: 800-503-1665
Fax: 570-558-5511
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff, Sterling Jewelers Inc. a Delaware
Corporation DBA KAY JEWELERS, am fully familiar with the facts set forth in the within
Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the
facts set forth in the within allegations are true and correct to the best of my knowledge, knowing
that any false statements are punishable by law pursuant to 18 C.S.A. 4904.
Michael F. Ratchford, . quire
Page 1 of 2
KA
E W E L. E R S
Every kiss begins vvith Kay":'
k ay. c o m
Customer Name Brad D Sheetz
Account # 1778
Questions? - Visit us at kay.com
Please send billing inquiries and correspondence to:
(do not send payments to this address)
P.O. Box 3680
Akron, OH 44309
Previous Balance
Payments
Other Credits
Purchases and Other Charges
Fees Charged
Interest Charged
$1,338.25
$0.00
$0.00
$0.00
$51.94
$21.98
New Balance
Statement dosing date
Days in billing cycle
$1,412.17
03/18/2013
28
Your Transactions
0277000038
New Balance
Balance Payable To Avoid Further Interest Charges
Minimum Payment
PastDuc
Total Due
Payment Due Date
$1,412.17
$1,412.17
$85.00
$1,338.25
$1,412.17
04;13/n13
Late Payment Warning: If we do not receive your minimum payment
by the payment due date listed above, you may have to pay a late
tee of up to $35.00.
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will take you
longer to pay off your balance. For example:
yourrl'et
ardvnd
Only the minimum
payment
21 MONTHS
$1,706.78
f you would like information about credit counseling services, call
1-866-477-6322
Fe
Trans Date t Post Date
03/18/2013
03/18/2013
Description
Amount
03/19/2013
03/18/2013
Late Fee for 03/18/2013
Payment Protection Plan
TOTAL FEES FOR THIS PERIOD
$35.00
$16.94
$51.94
Trans Date I Post Date
Description
Amount
03/18/2013
03/19/2013
Interest Charges
TOTAL INTEREST FOR THIS PERIOD
$21.98
$21.98
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT
" • " •
New Balance
tl
Total Du.e.,
A00iiii#44gAPROI 12.17 •
Please make your check payable to KAY JEWELERS
Payment mailing address is tor remittance only
KAY JEWELERS
P.O.Box 740425
Cincinnati OH 45274-0425
Address or Employment
Change? Check Box and
Complete Reverse Side
000038
To review important notices. click here
Payment Mailing Address:
P.O. Box 740425
Cincinnati, OH 45274-0425
E
17780014121700085001412172
K
E S
#BWNCKTF
7787#
'Brad D Sheetz
705
Macarthur Drive
Carlisle PA 17013-1582
. _ 4a L E R S
t.'ery kiss begins with Kay
kay.c o m
Customer Name Brad D Sheetz
Account # 778
Questions? - Visit us at kay.com
Please send billing inquiries and correspondence to:
(do not send payments to this address)
P.O. Box 3680
Akron, OH 44309
ccciuii
Previous Balance
Payments
Other Credits
Purchases and Other Charges
Fees Charged
Interest Charged
$1,486.72
$0.00
$0.00
$0.00
$0.00
$22.69
New Balance
Statement closing date
Days in billing cycle
$1,509.41
05/18/2013
30
Your Transactions
0277000035
New Balance
Balance Payable To Avoid Further Interest Charges
Minimum Payment
Poet Due •
Total Due •
Payment Due Dste
$1,509.41
$1,509.41
$85.00
$1;455.72
$1.509.41
06 ' 3r12013
Late Payment Warning: If we do not receive your minimum payment
by the payment due date listed above, you may have to pay a late
fee of up to $35.00.
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will take you
longer to pay off your balance. For example:
Only the minimum
payment
22 MONTHS
$1,855.10
If you would like information about credit counseling services, call
1-866-477-6322
Trans Date
IPost Date
IDescription
Amount
05/18/2013
05/19/2013
Interest Charges
TOTAL INTEREST FOR THIS PERIOD
$22.69
$22.69
.. ................
Total fees charged in 2013
Total interest charged in 2013
$173.67
$111.76
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT
New Balance $1,509.41
Total ,.c------------$:)'`'05.4'---
Please make your check payable to KAY JEWELERS
Payment mailing address is for remdtance only
KAY JEWELERS
P.O.Box 740425
Cincinnati OH 45274-0425
Address or Employment
Change? Check Box and
complete Reverse Side
000035
To review important notices, click here
Payment Mailing Address:
P.O. Box 740425
Cincinnati, OH 45274-0425
7780015094100085001509419
#BWNCKTF
# 1300653710997785 #
Brad D Sheetz
705
Macarthur Drive
Carlisle PA 17013-1582
'Page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Your Monthly Periodic Rate (MPR) is the monthly interest rate on your account.
Purchases:
Penalty 24.99%
'Balance Subject
Annthl Percent R3tetAPRI Monthly Periodic MR To interest Rat
24.99%
2.0825%
$1,089.83
0277000035
interest th-wge.
$22.69
Messages:
***ATTENTION***
The optional Payment Protection Plan on your account has been cancelled since
payments have not been received as agreed, and your account is past due.
****YOUR ACCOUNT IS SERIOUSLY PAST DUE""
The status of your account is reported to the National Credit Reporting Agencies. We may be able to
assist you in meeting your financial obligations. Please contact us about our Payment
Assistance Programs at 1-800-366-6885. We can be reached Monday - Thursday 8am - 11pm, Friday Barn -
9pm, Saturday Sam - 5pm and Sunday 12pm - 9pm Eastern Time.
OR Visit our website, kay.com, to make your payment online.
You may pay by phone to receive immediate credit to your account at 1-800-877-3616.
To take advantage of the pay by phone option, your complete account number and the last
4 digits of your social security number will be required. By providing this information to us,
you are authenticating your authorization to an immediate withdrawal from your deposit account.
You will have the option to cancel the payment prior to completing the transaction.
This time of year there are many occasions that call for a special gift. Kay can help you find
that perfect something to celebrate each one. Click over to Kay.com or stop by any Kay Jewelers.
Just use your Kay charge card. If you can dream it, you can own it!
To review important notices. dick here
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•ACCOUNT IN COLLECTIONS
BRAD D •SHEETZ
705 MACARTHUR DR
1,509.41 ::; CARLISLE PA 17013-1582
1,509.41 ; ::l�iv:.Stmf.Pmt
09/23/02:;:'.: Next•Pmk_Dt °:
05/08/08
582.99 ; .:' :1 irst.Purch r
•
02/12/13 Amt.€irt.:;::.':
1,509.41 ".::.:.!.:;170:46.1.6.1:10t:.:..:
05/2013' t4et'PtitCEi'.:•.:
0.00
Gy:; i 04321 C2-1 C21 Cl C1 CC1 C
:.Store 277 -KY ':.[:{s 18:-•:.':••:::/./ . 200 0612609
:: =: NilDate 03/01/2013:::.146:(::100 0541956
•
85.00 .:•Acct:Type::• Dari:• 000 0000000
07/13/13.::Fed Lim`. u ..::. ... , :.
DP+•frid•F1.6 ...: N PP 7,,,::':..•. 20 .1
85.00:::'-S6 46-. 7.0.:•:.:.•. 0.00 .::. ......:. •
La.4 . !mt. p t • :::. 06/19/13.".09/23/02.•::6
nt• Q -TB.:-;.-.:: SUPPRESSED::.::': -::,. L:::.•.... •....
• .• •' -•:. -.- Dry kic PA22301335.':,':
1.509.41 :•:Cust:t.I,TB:::.•::, 0.00 :::•::••::;..:• .:.:::..
85.00-::Fapta::.: :.:INS '..L • 09/24/02 -':.
3,379.59 '•:St,tus•:::':;::;::•• W • BA :•- LL BA:. 06/18/13 :-.•:.::....:::
10 •; DDs : •:: ;. 08/10/69
F/C.Yr:.' 2013:::•:-.:... {:Mail::
.... ':IVI G' FB2010•. :
Li3st'Aged
206-64:9457
05/18/13
04/18/13
03/18/13
02/18/13
02/12/13
01/18/13
12/18/12
11/18/12
10/26/12
10/18/12
09/18/12
08/16/12
08/10/12
'1.107/16/12
'i.106/18/12
•':I
AG F= 22.69
AG 0= 4.15 U=
AG 0= 4.06 U=
AG 0= 4.17 U=
ISPMT
AG 0= 4.14 U=
AG D= 4.06 U=
AG D= 4.06 U=
ISPMT
AG 0= 4.15 U=
AG 0= 4.08 U=
AG 0= 4.11 U=
PYMNT
AG 0= 4.08 U=
AG D= 4.08 U=
7.01 P=
6.90 P=
7.04 P=
65.00-
7.01 P=
6.90 P=
6.86 P=
85.00-
7.01 P=
6.90 P=
6.94 P=
85.00-
6.90 P=
6.89 P=
5.36 C=
5.27 C=
5.38 C=
6263
5.36 C=
5.27 C=
5.24 C=
2376
5.36 C=
5.27 C=
5.31 C=
4403
5.27 C=
5.27 C=
0.70
0.69
0.71
0.70
0.69
0.69
0.70
0.69
0.70
0.69
0.69
L= 35.00 F= 22.33
L= 35.00 F= 21.98
F= 22.44
1020 812055
L= 35.00 F= 22.32
L= 35.00 F= 21.97
F= 21.86
1020 301038
L= 35.00 F= 22.33
L= 35.00 F= 21.97
F= 22.12
4600 777777
L= 35.00 F= 21.97
F= 21.96
•
1,509.41 •�
1,466.72
1,412.17
1,338.25
1,298.51
1,383.51
1,308.98
1,235.07
1,196.36 .Y
1,281.36
1,206.81
1,132.90
1,093.72
1,178.72
1,104.81
Pioduckiiorr•Dafabase • QGLJR.T16` •• '
creditdb.
ti Credit Plan Detail
AD D SHEETZ
too Agi
249P 24.99% 07/19/08 06/16/13 1,509.41
Balance Termed Total 1,509.41
IN03 00.00% 05/09/06 06/16/13
249R 22.90% 11/19/04 06/18/13
INFR 00.00% 09/17/03 06/16/13
229R 22.90% 09/24/02 06/18/13
Credit Plan Total
11004
1,509.41
1,509.41
1,069.63
1,069.83
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
1,509.41 1,509.41 1,069.63
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,069.63 0.00
85.00
65.00
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09/21/2006 11:48
0277-1-5117-048886
C s t. Name: BR SHEETZ
LO H PURCHASES/RETURNS
Dpt SkU Dsc Retail Sold
1 001 9299037 ADV 799.00 499.99
GUARANTEE #7433-6804
14YG SOLITAIRE EARRIH
SLSPRSN 005495
1 600 9299037 0.00 69.99
ESP 499.99
SLSPRSN 305495
STJETOT .569.98
SALES TAX 6.0000 34.20
TOTAL 604.18
PPP=N TOTAL DOW' PAYMENT 0.00
******9776 REG CREDIT PLAN 604.18
CREDIT AUTHORIZATION AS0O1O96
SLSPRSN 305495
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0.5/08/2008 11:56
0277-2-9980-000881
Cus t Name: BR SHEETZ
LO N PURCHASES/RETURNS
Dpt Sku Dsc Retail Sold
1 001 200190609 AD? 749.00 549.99
GUARANTEE #3943-9914
14E G SOLITAIRE EAfiRIN
SLSPRSN 303102
STJBTOT .549.99
SALES TAX 6.0000 33.00
TOTAL 582.99
PPP=N TOTAL DOWN PAYMENT 0.00
******9770 IF95 CREDIT PLAN .582.99
PAYMENT ON THE PURCHASE IS 195.00
CREDIT AUTHORIZATION VMS9150905
SLSPRSN 303102
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Account Notes:
77 63180 Dc 05/1:Z
1+C
7i7“318 ISDN :. •JS/1fi
rD EsS 705 MACAATHUR DR
PHCN7 1 i"., 0 4E 012 c PHONZ 2
.-2YELDY7R Y.LHPDESI OWNS -I i r
Lr v.
H74S 717771 IN L-;~ HIS Alr1._ r_i
70 -
i
1 la L�+a-1 .Ln
Li7Jt u b'i:
CA .Lsi S LE r Fn :L70131582
71791G484EENIS ry.D•N_ 3 . 1746 3 5 3Nia
zOL7CE Di ET
134 SUNSET DR ',CUNT ::CL1Y SP .IY\LS A
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Custom Data Segment -- Webpage
EMPLOYMENT INFO
"_. Fields rrisrked v,ith sn asterisk ere rsquirec.
•
PRIMARY OCCUPATION
PRIMARY EMP CITY
AMFSIAT
PRIMARY EMP ZIP
sPitti.tARy. EMp
SECONDARY EMPLOYER
•
..E:tcp0Ak^e'brcklp,k-r-A
•
2TCT 5I
KAY'
JEWELERS
16
SSN
q
5
A T
C Y
C F'
t.-14NDIVIDUAL ACCOUNT: In one name and based
solely on your own credit worthiness. Applicant it
married, may apply for an individual account.
f I JOINT ACCOUNT: Is based on credit worthiness of both
applicant and joint applicant. Both may use the account and will
be liable and responsible for payments. Both must sign below.
I I COSIGNED ACCOUNT: Cosigner and applicant must each
compete separate applications Only applicant will be permitted to
use the account, but both will be table and responsible for payments.
T C
11O110E `Alimony c
Id support or separate maintenance need not be revealed if you do not wish to re to obtain credit
�J a
Y 1 / V V
Name:
�Z
I. Are you a U.S. Citizen Y you in the military? \Y N'
3. Do you have establish edit
."
E Receiver at Merchandise C�� `�"
N or Second Reference:
Home -7T i
P Address: /� f
���...!!!
e ��Q /% [%
{r n
3 Name Phon
Apt: Phone: ? Billed Under �%
Name:
F
RCity, State. Zip Cade:
, PA / Zi/
Rent/Bay/ Monthly Length
Other: Payment: of Time:
A Address, City,State, Zip Code:
P (Il different frm primary applicant)
S Statement Mailing Address:
0 (If different than above)
Mother's I A
Maiden Name:1
141 J..
DL
State:
N Previous Address:
A Hat current address less than 3 .sand
JE
Zip Length
Ci : State: Code: of Time:
Length of Time:
I Number of5�'
Dependents: SSN:
, /
008: /
e- OL 1 f
DLI: t`/ arp State:
Applicant: X / � 4, �
Alt. Phone: ( )`
-Mall Address: nri e
t 1
Employer: e r Les. r . up.— . -r
.
- - • ....L LZA.1, ) . .- 1-.. , .- y` -t v on: ( n r
I Self -Employed? Y
N
Address:
1
f f
--'"I
a—
.Y Phone:<<• • .,....t. f , --_.k Ext.:
-k—t ., _
Gr Monthly Salary:
- - - ,.ti
Length of Time:
"t Previous Employer:
E (If with current employer less than 1 year)
Length of Time:
N
'Other Income Amount: _ , Source:
Ft Nearest Relative
L Not Living With,� ,,._ii, ! , r, ,,., x.,,6_,,f'1_.
�J a
Y 1 / V V
Relationship
to Applicant , _ _ _ _. r
C -N--'‘--1- > 4,,s, %
Phone: ( )/u•c Q ...1...._.)
r I/ .. . v r ,
,You:
E Address: / r Y . ! , ) `1 t Y
."
E Receiver at Merchandise C�� `�"
N or Second Reference:
Relationship
to Applicant
, 7
I Phone: ( )
C
L Address:
Name:
Relationship
to Applicant:
Rent/Buy/
Other:
Are you a U.S. Citizen?
Y N
A Address, City,State, Zip Code:
P (Il different frm primary applicant)
Length
of Time:
. P
I Phone: ( ) SSN: DOB: DLk:
DL
State:
N C Employer Name
'I A and Address: Self -Employed? V N
N
T Phone: ( ) Work EA.:
Gross Monthly Salary:
Length of Time:
'Other Income Amount: Source:
You may investigate my credit record and obtain a consumer report in connection with this application and later to connection with an update, renewal, extension of credit or
collection of the account. Upon request. I will be told whether or not a consumer report was requested and, it such a report was requested, I will be told the 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 P.O. BOX 3680, AKRON, OH 44309-3680. STATE LAW REQUIRES US TO GIVE THE FOLLOWING NOTICES: California Residents: Atter 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 $200 until the full payment price of those goods is paid. Wisconsin Residents: Marital Agreement Notice - No provision of
marital property agreement, unilateral statement under Sec. 766.59 Wis. Stats., or court decree under Sec. 766.70 Wis. Stats., will adversely affect our rights unless we are furnished
a copy of the agreement, statement or decree, or we have actual knowledge of its terms, before credit is granted or the account is opened. We are required to ask married
residents of Wisconsin for the following information:
Name of Spouse: Address of Spouse:
BEFORE SIGNING BELOW, I MD HAVE READ TIE DISCLOSURES THAT APPEAR ON THIS APPLICATION AND THE KAY
JEWELERS RETAIL • '. • ;' : �1T AI>,R�IT, THE OF WINCH ARE INCORPORQ® BY REFBIENIE IN AND MADE
A PART OE THIS :.... i r AND I (WEI HAVE IECBVED A THAT A6REENE IT
Applicant: X / � 4, �
_ � - .. - - / - - /
Date: 01 Joint Applicant: X _ , _, y
. . . ,
Credit Line:
Account Number.
0300-13S-0000 (R:7/02) 680891
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Sterling Jewelers Inc. a Delaware
•
Corporation DBA KAY JEWELERS, : CIVIL DIVISION
vs.
BRAD D SHEETZ,
•
•
Plaintiff :
Defendant
•
: NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I, Michael F. Ratchford, Esquire, hereby certify that I caused a true and correct copy of Plaintiffs
Complaint was served via first class United States Mail, postage prepaid on the date set forth below upon the
following:
HAROLD SHEPLEY
209 West patriot Street
Somerset, PA 15501
Date: May 5, 2014
Edwin A. Abrahamsen & Associates,
By:
Mic ael F. ' atchford, Esqu e
Attorney I.D. Nos.: 86285
120 N Keyser Avenue
Scranton, PA 18504
(570) 558-5510
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION-LAW
NO: 14-2518 CIVIL
PRAECIPE TO ENTER APPEARANCE
Filed on Behalf of Defendant:
BRAD D SHEETZ
Counsel of Record:
Robert D. Klingensmith, Esquire
PA I.D. # 313960
HAROLD SHEPLEY & ASSOCIATES, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION-LAW
NO: 14-2518 CIVIL
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of ROBERT D. KLINGENSMITH, ESQUIRE and the law
firm of HAROLD SHEPLEY & ASSOCIATES, LLC, on behalf of the Defendant, BRAD D
SHEETZ, in the above captioned matter.
Date
Robert D. Klingensmith, Esquire
Attorney for the Defendant
Harold Shepley and Associates, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC, A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION-LAW
NO: 14-2518 CIVIL
PRELIMINARY OBJECTIONS
rTl
r-
cn
Filed on Behalf of Defendant:
BRAD D SHEETZ
Counsel of Record:
Robert D. Klingensmith, Esquire
PA I.D. # 313960
C:)
2:7
HAROLD SHEPLEY & ASSOCIATES, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION-LAW
•
NO: 14-2518 CIVIL
DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028
AND NOW, comes the Defendant, BRAD D SHEETZ, by and through her attorney,
Robert D. Klingensmith, Esquire of Harold Shepley & Associates, LLC, and files the following
Preliminary Objections to Plaintiff's Complaint:
1. Plaintiff filed a Complaint in Civil Action against Defendant demanding damages
in the amount of $1,663.39.
2. Plaintiff's Complaint fails to conform to law or rule of court under Pa. R.C.P.
1028(a)(2).
3. Plaintiff's Complaint contains insufficient specificity in its pleading under Pa.R.C.P.
1028(a)(3).
4. Plaintiff's Complaint contains irrelevant appeal information and judgment form the
Magisterial District Court which should be removed and struck from the Complaint.
Count I Pa.R.C.P. 1028(a)(2) Attorney Verification
5. Pa.R.C.P. 1024(c) requires that all pleadings setting forth allegations be verified by the
pleading party.
6. In the instant case the verification attached to the complaint was signed by the Attorney
of record in the above captioned case.
7. In general, an attorney verification will be insufficient unless the parties lack sufficient
knowledge or information or are outside the jurisdiction of the court and the verification cannot
be obtained in time allowed for filing.
8. The verification signed in this case states that the verification was signed by the Attorney
acting for the party because they had permission to do so.
9. There has been no indication in the verification that the parties lack sufficient knowledge
of the matter, in fact all of the information came from the party in this case.
10. Furthermore, although Plaintiff is outside the jurisdiction of this court, there is no
indication that the party to this lawsuit could not sign the verification in time to file the pleading.
In fact, Defendant was never contacted to extend the time needed to file the Complaint. If such
time was needed, the Defendant would have been happy to extend such time to Plaintiff.
11. Therefore, Plaintiff's Complaint fails to conform to law or rule of court under Pa.R.C.P.
1028(a)(2).
WHEREFORE, Defendant respectfully requests that the Court order Plaintiff to file an
Amended Complaint or dismiss this action with prejudice.
Count II Pa.R.C.P. 1028(a)(3) Insufficiency of the Pleadings
12. Pa.R.C.P. 1019 (a) requires that the material facts on which a cause of action or defense
is based shall be stated in a concise and summary form.
13. Pa. R.C.P. 1019(0 requires that averments of time, place and items of special damages
shall be specifically stated.
14. Plaintiff in this matter claims that the Defendant opened and used a credit account issued
by Plaintiff.
15. The earliest statement attached to the Complaint is from April 2013 and shows a
previous balance of $1,338.25.
16. Without showing what items were purchased that resulted in the amount allegedly owed,
the Plaintiff can not possibly move forward with its suit.
17. The Complaint has failed to plead the various transactions and purchases which resulted
in the alleged debt due.
18. Pursuant to Pa.R.C.P. 1019(0 Plaintiff has failed to provide information of the time and
places any items were allegedly bought on the credit card.
19. By failing to include documentation of what items were purchased, when those items
were bought and the amount of each purchase, Defendant is unable to ascertain the validity of
the amount owed on the account.
20. Plaintiff has also failed to provide documentation of any cash advances made by Plaintiff.
21. Plaintiff has failed to provide a concise summary of the payments made by the Defendant
on the alleged account.
22. None of the statements attached to the Complaint show a payment from the Defendant.
23. Furthermore, Plaintiff has failed to attach a copy of the original account agreement and
all amendments to any such agreement, or provide a reason why the original agreement is and all
amendments to said agreement are not accessible and set forth the substances of the writings
(Pa.R.C.P. 1019(i). The agreement attached to the Complaint is dated from 2010 and since the
earliest statement is from 2010 that shows a large previous balance it is the Defendant's position
that the agreement attached is not the original agreement said to govern the terms of the
relationship when the alleged account was allegedly opened.
24. This lack of a writing is not sufficient under Pa.R.C.P. 1019(i).
25. As a result, Plaintiff's Complaint contains insufficient specificity as required under
Pa. R.C.P 1028(3).
WHEREFORE, Defendant respectfully requests that the Court order Plaintiff to file an
Amended Complaint or dismiss this action with prejudice.
Respectfully submitted,
tcL
Robert D. Klingensmith, Esquire
PA I.D.# 313960
Harold Shepley & Associates, LLC
209 West Patriot Street
Somerset, PA 15501
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS •
Plaintiff
•
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14 -2518 CIVIL
CERTIFICATE OF SERVICE
I served this Petition to Enter Appearance, Preliminary Objections and Brief in Support
of Preliminary Objections by U.S. Mail, postage prepaid, at 120 N. Keyser Avenue, Scranton,
PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the Plaintiff, Sterling Jewelers on
May 27, 2014.
I declare under penalty of perjury that this information is true.
Date: May 27, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
•
•
•
CIVIL ACTION -LAW
NO: 14 -2518 CIVIL
Order of Court
On this day of , , upon consideration of defendant(s)'
preliminary objections, it is hereby ORDERED that plaintiff(s)' complaint is stricken.
Plaintiff(s) is (are) granted days leave to file an amended complaint. If the plaintiff(s)
fail(s) to file an amended complaint within days of the date of this order, upon
praecipe of defendant(s), the Prothonotary, shall dismiss the case with prejudice.
BY THE COURT
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
V.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
—cJ
CD -11
CD t -
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for
the next Argument Court.
1. Matter to be, Argued: Defendant's Preliminary Objections
2. Counsel who will argue the cases:
Michael Ratchford, Esquire
Attorney for Plaintiff
120 N. Keyser Avenue
Scranton, PA 18504
(800) 503-1665
Dated: 8-5-14
Robert Klingensmith
Attorney for Defendant
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
3 I will notify all parties in writing within two days that this case has been listed
for argument.
4. Argument Court Date: September 26, 2014
BY:
Robert Klingensmith, Esquire
Attorney for Defendant
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not
the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If Argument is continued new briefs must be filed with the COURT ADMINISTATOR (not
the Prothonotary) after the case is relisted.
Cow 57/0
R-ti6 scoq
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
V.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Praecipe for Argument by U.S. Mail, postage prepaid, at 120 N. Keyser
Avenue, Scranton, PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the Plaintiff,
Sterling Jewelers on August 5, 2014.
I declare under penalty of perjury that this information is true.
Date: August 5, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Sterling Jewelers Inc. a Delaware
corporation DBA KAY JEWELERS : CIVIL ACTION
Plaintiff :
vs.
BRAD D SHEETZ : NO: 14-2518 CIVIL
Defendant :
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 to
Defend 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 ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Sterling Jewelers Inc. a Delaware
corporation DBA KAY JEWELERS : CIVIL ACTION
Plaintiff :
vs.
BRAD D SHEETZ : NO: 14-2518 CIVIL
Defendant :
AK13020
AMENDED COMPLAINT
Plaintiff, Sterling Jewelers Inc. a Delaware corporation DBA KAY JEWELERS, by and
through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as
follows:
1. Plaintiff, Sterling Jewelers Inc. a Delaware corporation DBA KAY JEWELERS,
(hereinafter "Plaintiff') is a corporation with a principal place of business located at 375 Ghent
Road Akron, Ohio 44333.
2. The Defendant BRAD D SHEETZ (hereinafter "Defendant") is an adult individual
residing at 705 MACARTHUR DR CARLISLE PA 17013-1582.
3. Defendant applied for a credit card with Plaintiff on or about September 23, 2002.
A true and correct copy of the application submitted by Defendant is attached hereto, incorporated
herein, and marked as Exhibit "A."
4. In response to the application submitted by Defendant, defendant was issued and
received an extension of credit from Plaintiff and was assigned an account number ending in
9778.
5. On September 21, 2006, Defendant used the account ending in 9778, for a purchase
in the amount of $604.18. A true and correct copy of the receipt for that purchase is attached
hereto, incorporated herein, and marked as Exhibit "B."
6. On May 8, 2008, Defendant use the account ending in 9778 for a purchase in the
amount of $582.99. A true and correct copy of the receipt for that purchase is attached hereto,
incorporated herein, and marked as Exhibit "C."
7. The Defendant was mailed account statements relative to the Defendant's use of the
subject credit card. True and correct copies of the last 3 account statements sent to Defendant are
attached hereto, incorporated herein and marked Exhibit "D."
8. Defendants use of the account, and payments made on the outstanding balance,
accepted the obligation of repayment for those purchases. See, Exhibits `B -D."
9. The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due.
10. The Defendant last made payment on February 12, 2013.
11. The total amount due and owing the Plaintiff is $1509.41. See, Exhibit "D."
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $1509.41, plus costs of suit and any other relief as the Court deems just and
appropriate.
Respectfully submitted,
Mich. - R. c ford, squire
Scott J. Best, Esquire
Attorney I.D. Nos.: 86285/93600
120 N. Keyser Ave
Scranton, PA 18504
mratchford@eaa-law.com
Phone: 800-503-1665
Fax: 570-558-5511
VERIFICATION
I, Scott J. Best, attorney for Plaintiff, am fully familiar with the facts set forth in the
within Amended Complaint and am authorized to make this Verification on behalf of Plaintiff. I
am making this Verification as Plaintiff is located outside of this jurisdiction and a Verification
could not be obtained in the time required for this filing. I Verify that the facts set forth in the
within allegations are true and correct to the best of my knowledge, based on electronic
information transmitted and provided to me by Plaintiff, knowing that any false statements are
punishable by law pursuant to 18 C.S.A. 4904.
EXHIBI
A
KAY'
JEWELE R 5
16
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A T
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K.I'1'NOIVIOIIAL ACCOUNT: In one name and based
solely on your own credit worthiness. Applicant if
married, may apply for an individual account.
I I JOINT ACCOUNT: Is based on credit worthiness of both
applicant and joint applicant. Both may use the account and will
be liable and responsible for payments. Both must sign below.
1 I COSIGNED ACCOUNT: Cosigner and applicant must each
compete separate applications Ony applicant will be permitted to
use the account, but both will be liable and responsible for payments.
T ff 1101ICE 'Alimony c
IId support or separate maintenance need not be revealed it you do not wish to re ,an to obtain credit
r` 1. Are you a U.S. Citizen Y you in the military? \YN'
Name: cad ) f-\---2, 13. Do you have establish edi Y
Home �] i
FAddress: 5 j PA 7I "R
JJ
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Rthly.
CI . State, Zip Code: ! /(/ /
D T %70/
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I at Time:
S Statement MailingAddress:
0 (!/different than above)
Mother's (, f►
Malden Name:
N Previous Address:
A If at current address Jess than 3 ears) - _ 1 _
Zip
City: State: Code:
Length
at Time:
I Number of
Dependents: •
SSP OB
j t1�1
OLII: C
OL
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Alt. Phone: ( )
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rt Em 1. or: %arif/1/0 /10 _/), itui / 14 iion:
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r Address: IP (� • • ' • / / er , ,� /� //
Y Phone:%7 7(2f (
Work Ext.:
GrlsMonthIySa1arT ir
Length of Time: ( f
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E (U with current employer less than 1 year)
Length 01 Time:
N
1 'Other Income Amoent: Source:
` /1
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H Net rest R lattth7lYoun l'
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I ooAppll nit
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J/c-rt
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E Receiver al Merchandise
N er Second Relerence:
Relationship
to Applicant
Phone: ( )
0
L Address:
Name:
Relationship
to Applicant:
Rent/Buy/
Other:
Are you a U.S. Citizen?
Y N
A Address, City, Slate, Zip Code:
P (I different from primary applicant)
Length
of Time:
O ! Phone: ( )
SSN:
DOB:
DLO:
DL
Slate:
N C Employer Name
1 A and Address: _
Self -Employed? Y et
Pt
T Phone: ( )
Work Ext.:
Gross Monthly Salary:
Length of Time:
'Other Income Amount: Source:
You may investigate my credit record and obtain a consumer report in connection with this application and later in connection with an update, renewal, extension of credit or
collection of the account. Upon request, I will be told whether or not a consumer report was requested and. if such a report was requested, I will be told the name and address
01 the reporting agency that furnished that report. TO FIND OUT ABOUT CHANGES IN THE INFORMATION IN THE AGREEMENT ACCOMPANYING THIS APPLICATION,
WRITE TO US AT P.O. BOX 3680, AKRON, OH 44309-3880. STATE LAW REQUIRES US TO GIVE THE FOLLOWING NOTICES: Calllornla Residents: Atter 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 EQUALLY 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 COMPUANCE WITH THIS LAW. New York Residents:
We have a security interest in goods costing more than $200 until the lull payment price of those goods is paid. Wisconsin Residents: Marital Agreement Notice - No provision of
marital property agreement, unilateral statement under Sec. 766.59 Wis. Stats., or court decree under Sec. 766.70 Wis. Stats.. will adversely affect our rights unless we are furnished
a copy of the agreement, statement or decree, or we have actual knowledge of its terms, before credit ,s granted or the account is opened. We are required to ask married
residents of Wisconsin for the following information:
Name of Spouse: Address of Spouse:
BEFORE SIGNING BELOW, 1 (WE) NAVE BEM T1E DISCLOSURES
EWE= RETAk ' MT AGBEEMBIT, THE OF WINCH
A PART OE TINS ' ;;;;� Nm I (WE) HAVE REPINE) A TNAi
THAT APPEAR ON THIS APPLICATION AND THE KAY
AR N OMPOIEATED BY REEIENcE IN AND MADE
AGREEMENT
Applicant: X ,/�•'� "_ 1 Date: q
(`1,�t 09 778'
Joint Applicant: X Vit[ 3' /
Credit Line:
Account Number.
0300-13S-0000(8:7102) 680891
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Page 1 of 2
KAY
JEWELERS
Every kiss b•nc,l:n:. `Ivi... Kay
kay.corn
Customer Name Brad D Sheelz
Account # 3063709778
Questions? — Visit us at kay.com
Please send billing inquiries and correspondence to:
(do not send payments to this address)
P.O. Box 3680
Akron, OH 44309
Previous Balance
Payments
Other Credits
Purchases and Other Charges
Fees Charged
Interest Charged
$1,338.25
$0.00
$0.00
$0.00
$51.94
$21.98
New Balance
Statement closing date
Days in billing cycle
$1,412.17
03/18/2013
28
0277000038
:neat>If.
New Balance
Balance Payable To Avoid Further Interest Charges
Minimum Payment
Peet Die
Totsal L u
Payment Due Dete
$1,412.17
$1,412.17
$85.00
$.,323.25
$..412.1;
C1403/2313
Late Payment Warning: If we do not receive your minimum payment
by the payment due date listed above, you may have to pay a late
fee of up to $35.00.
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will take you
longer to pay off your balance. For example:
Only the minimum
payment
21 MONTHS
$1,706.78
f you would like information about credit counseling services, call
1-866-477-6322
Your Transactions
Trans Date I Post Date
Description
Amount
03/18/2013 03/19/2013
03/18/2013 03/18/2013
Late Fee for 03/18/2013
Payment Protection Plan
TOTAL FEES FOR THIS PERIOD
$35.00
$16.94
$51.94
Trans Date I Post Date
03/18/2013
I Description
Amount
03/19/2013
Interest Charges
TOTAL INTEREST FOR THIS PERIOD
$21.98
$21.98
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
New Balance $1,412.17...
•;t^t..;'}����t�l�:�:�:�::�iii:;`:;`:�:�:�:�:�iii:�:�ii:�ii::::�.2...t.�.`t.A.\:2:�.
fa; Due $1.412.17
Please make your check payable to KAY JEWELERS
Payment mailing address is for remittance only
KAY JEWELERS
P.O.Box 740425
Cincinnati OH 45274-0425
Address or Employment
Change? Check Box end
complete Reverse Side
PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT
027730637097780014121700085001412172
000038
To review important notices, click here
Payment Mailing Address:
P.O. Box 740425
Cincinnati, OH 45274-0425
#BWNCKTF
# 1300633710997787 #
Brad D Sheetz
705
Macarthur Drive
Carlisle PA 17013-1582
Page 2 of 2
0277000038
Your Transactions
.................
Total fees charged in 2013
$121A5
Total interest charged in 2013
$66.74
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Your Monthly Periodic Rate (MPR) is the monthly interest rate on your account.
Balance Su oc
..............................
.............................
nterost?.
...........................
...........................
...........................
...........................
............................
Purchases:
Penalty 24.99%
24.99%
2.0825%
$1,055.67
$21.98
Messages:
WE HAVE NOT RECEIVED THE TOTAL AMOUNT DUE AS OF THIS STATEMENT DATE.
Visit our wee site kay.com to make your payment online or to speak to a representative
call 1-800-877-8194. We can be reached Monday - Thursday 8am - 11 pm, Friday 8am - 9pm,
Saturday 8am - 5pm and Sunday 12pm - 9pm Eastern Time.
You may pay by phone to receive immediate credit to your account at 1-800-877-3616.
To take advantage of the pay by phone option, your complete account number and the last
4 digits of your social security number will be required. By providing this information to us,
you are authenticating your authorization to an immediate withdrawal from your deposit account.
You will have the option to cancel the payment prior to completing the transaction.
Save up to $1,200 on a very special selection of Diamond Bridal Rings. Stop by any Kay store, or
shop anytime at Kay.com. Just use your Kay charge card. If you can dream it, you can own itl
To review important notices. click here
Page 1 of 2
KAY
JEY1I E E_. E R S
Every kiss begins w h Kay
kay.cor i
Customer Name Brad D Sheetz
Account # 3063709778
Questions? — Visit us at kay.com
Please send billing inquiries and correspondence to:
(do not send payments to this address)
P.O. Box 3680
Akron, OH 44309
.............................
)40.4
Previous Balance
Payments
Other Credits
Purchases and Other Charges
Fees Charged
Interest Charged
..............
$1,412.17
$0.00
$0.00
$0.00
$52.22
$22.33
New Balance
Statement dosing date
Days in billing cyde
$1,486.72
04/18/2013
31
Your Transactions
0277000037
New Balance $1,486.72
Balance Payable To Avoid Further Interest Charges $1,486.72
Minimum Payment $85.00
Pi18t Due $1.4i2.17
Total Due $1,486.72
r:3yrt,at,tni.14«t< J �5..:rr.zls
Late Payment Warning: If we do not receive your minimum payment
by the payment due date listed above, you may have to pay a late
fee of up to $35.00.
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will take you
longer to pay off your balance. For example:
Only the minimum
payment
22 MONTHS
$1,820.12
If you would like information about credit counseling services, call
1-866-477-6322
.................
Trans Date I Post Date I Description
Amount
04/18/2013 04/19/2013 Late Fee for 04/18/2013
04/18/2013 04/18/2013 Payment Protection Plan
TOTAL FEES FOR THIS PERIOD
$35.00
$17.22
$52.22
Trans Date I Post Date f Description
Amount
04/18/2013
04/19/2013
Interest Charges
TOTAL INTEREST FOR THIS PERIOD
$22.33
$22.33
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
..........................
..........................
$1,486.72, _.
:::...:::::..::.....
$1.486.7%
Please make your check payable to KAY JEWELERS
Payment mailing address is for remittance only
KAY JEWELERS
P.O.Box 740425
Cincinnati OH 45274-0425
Address or Employment
Change? Check Box and
complete Reverse Side
PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT
027730637097780014867200085001486724
000037
To review imgrortant notices, click here
Payment Mating Address:
P.O. Box 740425
Cincinnati, OH 45274-0425
K
? S
#BWNCKTF
# 1300643710997786 #
Brad D Sheetz
705
Macarthur Drive
Carlisle PA 17013-1582
Page 2 of 2
0277000037
Your Transactions
Total fees charged in 2013
$173.67
Total interest charged in 2013
$89.07
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Your Monthly Periodic Rate (MPR) is the monthly interest rate on your account.
Purchases:
Penalty 24.99%
clf�ii#tltPBtCCi
24.99%
!Bliit�C;iti3fB(
2.0825%
rite izsti.
$1,072.61
$22.33
Messages:
WE WANT TO ASSIST YOU...tf you have a hardship and can't pay the total due,
we want to help. Contact one of our specialists to discuss payment options. Our hours are:
Monday - Thursday Sam to 11pm, Friday Sam to 9pm, and Saturday 8am to Noon Eastern Time.
CaII us at 1-800-877-7350 or you can pay online at www.kay.com
You may pay by phone to receive immediate credit to your account at 1-800-877-3616.
To take advantage of the pay by phone option, your complete account number and the last
4 digits of your social security number will be required. By providing this information to us,
you are authenticating your authorization to an immediate withdrawal from your deposit account.
You will have the option to cancel the payment prior to completing the transaction.
Please see the important Credit Card Privacy Policy information provided.
Mom loves getting gifts you create yourself. Shop Kay.com or stop by any Kay store to personalize
your Mother's Day gift. Just use your Kay charge card. If you can dream it, you can own itl
To review imoortent notices, click :!eue
Page 1 of 2
K A ;c
JEWELERS
Every Kiss begins with Kay
kay.corn
Customer Name Brad D Sheetz
Account # 3063709778
Questions? - Visit us at kay.com
Please send billing inquiries and correspondence to:
(do not send payments to this address)
P.O. Box 3680
Akron, OH 44309
Previous Balance
Payments
Other Credits
Purchases and Other Charges
Fees Charged
Interest Charged
$1,486.72
$0.00
$0.00
$0.00
$0.00
$22.69
New Balance
Statement closing date
Days in billing cycle
$1,509.41
05/18/2013
30
Your Transactions
0277000035
.................................................................................................................
..............................................................................................................
New Balance $1,509.41
Balance Payable To Avoid Further Interest Charges $1,509.41
Minimum Payment $85.00
Pas: Due $14.35.72
To:;$ Due $1.509.41
Payment D.te Date 06+13/2013
Late Payment Warning: If we do not receive your minimum payment
by the payment due date listed above, you may have to pay a late
fee of up to $35.00.
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will take you
longer to pay off your balance. For example:
Only the minimum
payment
22 MONTHS
$1,855.10
f you would like information about credit counseling services, call
1-866-477-6322
Trans Date
Post Date I Description
Amount
05/18/2013 05/19/2013
Interest Charges
TOTAL INTEREST FOR THIS PERIOD
$22.69
$22.69
3 �`At�t1S Gni fib»
Total fees charged in 2013
$173.67
Total interest charged in 2013
$111.76
NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION
PLEASE DETACH AND RETURN THIS PORTION wrTH YOUR PAYMENT
New Balance $1.,509.41
Tot?• r..0 :::::::::.::::::: $1.50941
:diff\�islfff:.:>ii?i3.�t�i1.\`\\`»::::.?::
Please make your check payable to KAY JEWELERS
Payment mailing address Is for remitance only
KAY JEWELERS
P.O.Box 740425
Cincinnati OH 45274-0425
Address or Employment
Change? Check Box and
complete Reverse Side
027730637097780015094100085001509419
000035
To review imorortant notices, click here
Payment Mating Address:
P.O. Box 740425
CincimatL OH 45274-0425
K/bY
E W E L .. :? S
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#BWNCKTF
# 1300653710997785 #
Brad D Sheetz
705
Macarthur Drive
Carlisle PA 17013-1582
Page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Your Monthly Periodic Rate (MPR) is the monthly interest rate on your account.
Purchases:
Penalty 24.99%
........................
24.99%
.................................
2.0825%
.................
$1,089.83
0277000035
.................
$22.69
Messages:
"'•ATTENTION"•
The optional Payment Protection Plan on your account has been cancelled since
payments have not been received as agreed, and your account is past due.
****YOUR ACCOUNT IS SERIOUSLY PAST DUE****
The status of your account is reported to the National Credit Reporting Agencies. We may be able to
assist you in meeting your financial obligations. Please contact us about our Payment
Assistance Programs at 1-800-366-6885. We can be reached Monday - Thursday 8am - 11 pm, Friday 8am
9pm, Saturday 8am - 5pm and Sunday 12pm - 9pm Eastern Time.
OR Visit our website, kay.com, to make your payment online.
You may pay by phone to receive immediate credit to your account at 1-800-877-3616.
To take advantage of the pay by phone option, your complete account number and the last
4 digits of your social security number will be required. By providing this information to us,
you are authenticating your authorization to an immediate withdrawal from your deposit account.
You will have the option to cancel the payment prior to completing the transaction.
This time of year there are many occasions that call for a special gift. Kay can help you find
that perfect something to celebrate each one. Click over to Kay.com or stop by any Kay Jewelers.
Just use your Kay charge card. If you can dream it, you can own it!
To review important notices, click here
Ea
20/4
IN THE COURT OF COMMON PLEAS OF e�P AUG J 8 p �' J ��
CUMBERLAND COUNTY, PENNSYLVANIA 9��R
P� 1','P�!�^ Y����CU Urdu
Sterling Jewelers Inc. a Delaware �'"�
corporation DBA KAY JEWELERS CIVIL ACTION
Plaintiff
vs.
NO: 14-2518 CIVIL
BRAD D SHEETZ
Defendant
CERTIFICATE OF SERVICE
I, Scott J. Best, Esquire, hereby certify that I caused a true and correct copy of the
Plaintiffs Amended Complaint was served via first class United States Mail, postage prepaid on
the date set forth below upon the following:
Robert Klingensmith, Esquire
Harold Shepley & Associates
209 West Patriot St
Somerset, PA 15501
Date: 8/14/14
BY:
Ed ''n • • .rah. sen & Associates, P.C.
Michael F. Ratchford, Esquire
Scott J. Best, Esquire
Attorney I.D. Nos.: 86285, 93600
120 N Keyser Avenue
Scranton, PA 18504
(570) 558-5510
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
PRELIMINARY OBJECTION$c")
TO AMENDED COMPLAIN14-: 77-
--t
Filed on Behalf of Defendant:
BRAD D SHEETZ
Counsel of Record:
Robert D. Klingensmith, Esquire
PA I.D. # 313960
HAROLD SHEPLEY & ASSOCIATES, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028
AND NOW, comes the Defendant, BRAD D SHEETZ, by and through her attorney,
Robert D. Klingensmith, Esquire of Harold Shepley & Associates, LLC, and files the following
Preliminary Objections to Plaintiff's Amended Complaint:
1. Plaintiff filed a Complaint in Civil Action against Defendant demanding damages
in the amount of $1,509.41.
2. Plaintiff's Complaint fails to conform to law or rule of court under Pa. R.C.P.
1028(a)(2).
3. Plaintiff's Complaint contains insufficient specificity in its pleading under Pa.R.C.P.
1028(a)(3).
Objection I Pa.R.C.P. 1028(a)(2) Attorney Verification
4. Pa.R.C.P. 1024(c) requires that all pleadings setting forth allegations be verified by the
pleading party.
5. In the instant case the verification attached to the complaint was signed by the Attorney
of record in the above captioned case.
6. In general, an attorney verification will be insufficient unless the parties lack sufficient
knowledge or information or are outside the jurisdiction of the court and the verification cannot
be obtained in time allowed for filing.
7. The verification signed in this case states that the verification was signed by the Attorney
acting for the party because they had permission to do so.
8. There has been no indication in the verification that the parties lack sufficient knowledge
of the matter, in fact all of the information came from the party in this case.
9. Furthermore, although Plaintiff is outside the jurisdiction of this court, there is no
indication that the party to this lawsuit could not sign the verification in time to file the pleading.
In fact, Defendant was never contacted to extend the time needed to file the Complaint. If such
time was needed, the Defendant would have been happy to extend such time to Plaintiff.
10. Therefore, Plaintiff's Complaint fails to conform to law or rule of court under Pa.R.C.P.
1028(a)(2).
WHEREFORE, Defendant respectfully requests that the Court order Plaintiff to file an
Amended Complaint or dismiss this action with prejudice.
Objection II Pa.R.C.P. 1028(a)(3) Insufficiency of the Pleadings
11. Pa.R.C.P. 1019 (a) requires that the material facts on which a cause of action or defense
is based shall be stated in a concise and summary form.
12. Pa. R.C.P. 1019(0 requires that averments of time, place and items of special damages
shall be specifically stated.
13. Plaintiff in this matter claims that the Defendant opened and used a credit account issued
by Plaintiff.
14. The earliest statement attached to the Complaint is from April 2013 and shows a
previous balance of $1,338.25.
15. Without showing what items were purchased that resulted in the amount allegedly owed,
the Plaintiff can not possibly move forward with its suit.
16. The Complaint has failed to plead the various transactions and purchases which resulted
in the alleged debt due.
17. Pursuant to Pa.R.C.P. 1019(0 Plaintiff has failed to provide information of the time and
places any items were allegedly bought on the credit card.
18. By failing to include documentation of what items were purchased, when those items
were bought and the amount of each purchase, Defendant is unable to ascertain the validity of
the amount owed on the account.
19. Plaintiff has also failed to provide documentation of any cash advances made by Plaintiff.
20. Plaintiff has failed to provide a concise summary of the payments made by the Defendant
on the alleged account.
21. None of the statements attached to the Complaint show a payment from the Defendant.
22. Furthermore, Plaintiff has failed to attach a copy of the original account agreement and
all amendments to any such agreement, or provide a reason why the original agreement is and all
amendments to said agreement are not accessible and set forth the substances of the writings
(Pa.R.C.P. 1019(i). The agreement attached to the Complaint is dated from 2010 and since the
earliest statement is from 2010 that shows a large previous balance it is the Defendant's position
that the agreement attached is not the original agreement said to govern the terms of the
relationship when the alleged account was allegedly opened.
23. This lack of a writing is not sufficient under Pa.R.C.P. 1019(i).
24. As a result, Plaintiff's Complaint contains insufficient specificity as required under
Pa. R.C.P 1028(3).
WHEREFORE, Defendant respectfully requests that the Court order Plaintiff to file an
Amended Complaint or dismiss this action with prejudice.
Respectfully submitted,
Robert D. Klingensmith, Esquire
PA I.D.# 313960
Harold Shepley & Associates, LLC
209 West Patriot Street
Somerset, PA 15501
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A •
Delaware Corporation DBA KAY •
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
•
CERTIFICATE OF SERVICE
I served these Preliminary Objections and Brief in Support of Preliminary Objections by
U.S. Mail, postage prepaid, at 120 N. Keyser Avenue, Scranton, PA 18504 on Michael F.
Ratchford, Esquire, the Attorney for the Plaintiff, Sterling Jewelers on September 4, 2014.
I declare under penalty of perjury that this information is true.
Date: September 4, 2014
LabLC( Qr
„61,1)
Server's Signature
Gretchen Giles - Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
•
Order of Court
On this day of , , upon consideration of defendant(s)'
preliminary objections, it is hereby ORDERED that plaintiff(s)' amended complaint is stricken.
Plaintiff(s) is (are) granted days leave to file a second amended complaint. If the
plaintiff(s) fail(s) to file a second amended complaint within days of the date of this
order, upon praecipe of defendant(s), the Prothonotary, shall dismiss the case with prejudice.
BY THE COURT
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
(-)
rrt
eD
—t
cry
v1
I served this Argument Notice by U.S. Mail, postage prepaid, at 120 N. Keyser Avenue,
Scranton, PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the Plaintiff, Sterling
Jewelers on September 11, 2014.
I declare under penalty of perjury that this information is true.
Date: September 11, 2014
JrtUfl t,c�
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
CP /A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
-7-, N.)
-
r—
< 6
NO: 14-2518 CIVIL
- CD --7-;
r
••
r'
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for
the next Argument Court.
1. Matter to be Argued: Defendant's Preliminary Objections to Plaintiff's
Amended Complaint
2. Counsel who will argue the cases:
Michael Ratchford, Esquire
Attorney for Plaintiff
120 N. Keyser Avenue
Scranton, PA 18504
(800) 503-1665
Robert Klingensmith
Attorney for Defendant
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
3 I will notify all parties in writing within two days that this case has been listed
for argument.
4. Argument Court Date: November 14, 2014
BY:
Dated: 9-25-14
Robert Klingensmith, Esquire
Attorney for Defendant
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not
the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If Argument is continued new briefs must be filed with the COURT ADMINISTATOR (not
the Prothonotary) after the case is relisted.
attth g 19, 7S*
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tb
31i1,30
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Praecipe for Argument by U.S. Mail, postage prepaid, at 120 N. Keyser
Avenue, Scranton, PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the Plaintiff,
Sterling Jewelers on September 24, 2014.
I declare under penalty of perjury that this information is true.
Date: September 24, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
STERLING JEWELERS INC.,
A Delaware Corporation d/b/a
KAY JEWELERS,
Plaintiff
vs.
BRAD D. SHEETZ,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION — LAW
: NO. 14-2518 CIVIL
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT
BEFORE HESS, P.J., MASLAND AND PECK, J.J.
ORDER
AND NOW, this / 1. day of November, 2014, following argument, on agreement
of the parties, the Preliminary Objections of the Defendant to the Plaintiff's Amended Complaint
are DENIED. The Defendant is given sixty (60) days within which to file an answer.
BY THE COURT,
Michael F. Ratchford, Esquire
120 N. Keyser Avenue
Scranton, PA 18504
Plaintiff
Robert D. Klingensmith, Esquire
Harold Shepley & Associates, LLC
209 West Patriot Street
Somerset, PA 15501
For the Defendant
:rlm
t S trZzi'LL
/// 9/fil
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff CIVIL ACTION -LAW
v. NO: 14-2518 CIVIL
PETITON TO WITHDRAW AS
BRAD D SHEETZ COUNSEL
Defendant
Filed on Behalf of Defendant:
BRAD D SHEETZ
Counsel of Record:
Robert D. Klingensmith, Esquire
PA I.D. # 313960
CD
r --
HAROLD SHEPLEY & ASSOCIATES, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
(814) 444-0600 (fax)
rklingensmith@shepleylaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
PETITION TO WITHDRAW AS COUNSEL AND APPOINT PRO SE DEFENDANT
AND NOW comes Robert D. Klingensmith, Esq. who respectfully moves the Court to
issue an order granting leave to withdrawal as counsel for the Defendant, Brad Sheetz and
appoint Brad Sheetz as a pro se Defendant in the above referenced matter.
1) The Defendant, Mr. Sheetz received a lawsuit in the above captioned matter on or
around May 7, 2014.
2) Mr. Sheetz then retained the services of Harold Shepley and Associates, LLC to help
defend the above captioned matter.
3) Counsel for the Defendant filed his appearance as well as Preliminary Objections to the
Complaint on May 27, 2014.
4) The Plaintiff filed an Amended Complaint in which the Defendant filed Preliminary
Objections to which were heard for argument on November 14, 2014.
5) The Preliminary Objections were denied at which point counsel for the Defendant asked
for sixty (60) days to file his Answer which would give the Defendant plenty of time to prepare
this Petition and get ready to proceed pro se. This matter has not been scheduled before a
specific Judge and no Judge has previously ruled on an substantive issues.
6) Mr. Sheetz, prior to the November 14, 2014 argument, has decided to cancel from firm's
representation and decided to no longer go forward with representation for this suit.
7) Granting of this Petition will not delay any proceedings as the Defendant's counsel will
file the Answer and serve Defendant of any notices received. This matter is not scheduled
for any hearings/arguments at the present time.
8) Counsel for the Defendant has been attentive to Defendant's case and has defended said
case up and until this point.
9) At this point, it seems clear that the Defendant does not wish to proceed with the
Defendant's Attorney representing him in the underlyingcase any further. In fact, the Rules of
Professional Conduct outline that Defendant's Counsel can not represent a client who fails to
communicate.
10) To Defendant's counsel's knowledge, neither Plaintiff's counsel nor the Defendant
objects to this petition. The Defendant has indicated he will sign a mutual consent to withdraw
and that mutual consent is attached to this petition.
11) However, Defendant's Counsel will serve the signed Rule to Show Cause upon the
Plaintiff and the Defendant to show why this Petition should not be granted. Thereafter,
Defendant's Counsel will move to have the Petition Granted by Motion upon the Rule expiring if
that is how this Honorable Court would like to proceed.
WHEREFORE, Defendant's Counsel respectfully requests that this Honorable Court Grant
the underlying Petition to withdraw as counsel.
Date: 1 !'A `
Respectfully submitted,
Robert D. Klingensmith, Esq.
Harold Shepley & Associates, LLC
209 West Patriot Street
Somerset, PA 15501
814-444-0500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Petition to Withdraw as Counsel by U.S. Mail, postage prepaid, at 705
MacArthur Drive, Carlisle, PA 17013 on the Defendant, Brad D Sheetz, at his last known
address on November 25, 2014.
I declare under penalty of perjury that this information is true.
Date: November 25, 2014
(idnAfLb
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
'BRAD D SHEETZ
Defendant
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Petition to Withdraw as Counsel by U.S. Mail, postage prepaid, at 120 N.
Keyser Avenue, Scranton, PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the
Plaintiff, Sterling Jewelers on November 25, 2014.
I declare under penalty of perjury that this information is true.
Date: November 25, 2014
.fiahr)
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
ORDER
AND NOW, this 5- day of , 20 .y, upon consideration of the
• r -
CIVIL ACTION -LAW < > c _
NO: 14-2518 CIVIL _z.o -77 - • �_
>(-77. 99 C.'()
RULE TO SHOW CAUSE - r4
-c
foregoing petition, itis hereby ordered that:
(1) A rule is issued upon all parties to show cause why the petitioner is not entitled
'to the relief requested;
(2) Any party may file an answer to the petition within Z b days of this date;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7.
( epositions shall be completed within days of any response;
(5)
ent is deemed to be not necessary, but in the event the Court deems argument
nec- sary, Argument shall be held on
Cumberland County Courthouse;
in Courtroom of the
(6) Notice of the entry of this order shall be provided to all parties by the Petitioner.
BY THE COURT:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
t, .1
..-..-0 ..- ..
'.'.7.':- .--• « -« -
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..«, .- • r`m., I ' ' ::. -.
•-, • '.
• • •-• .... •
rJi
• «
I served this Order dated December 5, 2014 by U.S. Mail, postage prepaid, at 705
MacArthur Drive, Carlisle, PA 17013 on the Defendant, Brad D Sheetz, at his last known
address on December 11, 2014.
I declare under penalty of perjury that this information is true.
Date: December 11, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A •
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Order dated December 5, 2014 by U.S. Mail, postage prepaid, at 120 N.
Keyser Avenue, Scranton, PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the
Plaintiff, Sterling Jewelers on December 11, 2014.
I declare under penalty of perjury that this information is true.
Date: December 11, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
ri
w
MOTION AND ORDER TO MAKE
RULE ABSOLUTE PURSUANT TO
LR 206.4(C) and Pa.R.C.P. 206.7
Filed on Behalf of Defendant:
Brad D Sheetz
Counsel of Record:
Robert D. Klingensmith, Esquire
PA I.D. # 313960
HAROLD SHEPLEY & ASSOCIATES, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
(814) 444-0600 (fax)
rklingensmith@shepleylaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
CIVIL ACTION -LAW
•
NO: 14-2518 CIVIL
•
•
•
•
MOTION AND ORDER TO MAKE RULE ABSOLUTE PURSUANT TO DAUPHIN
COUNTY LR 206.4(C)(4)(b) and Pa.R.C.P. 206.7
AND NOW comes Robert D. Klingensmith, Esq. who respectfully moves the Court to
issue an order granting leave to withdrawal as counsel for the Defendant, Brad D Sheetz and
appoint Brad D Sheetz as a pro se Defendant in the above referenced matter.
1) Counsel for the Defendant filed a Petition and Rule to Show Cause to withdraw as
counsel with this Honorable Court on or around November 25, 2014. (See Defendant's Exhibit
A).
2) This Honorable Court then issued a Rule to Show Cause on December 5, 2014. (See
Defendant's Exhibit B).
3) Counsel for the Defendant then promptly served the Rule to Show Cause on Plaintiff's
counsel as well as the Defendant and then filed the requisite certificates of service with this
Court. (See Defendant's Exhibit C).
4) Pursuant to the Rule issued by this Court, both Plaintiff's Counsel and the Defendant had
twenty (20) days from the date of the Rule to file a response to the petition with the Court.
5) As of the date of filing for this Motion, no response has been filed and nothing has been
communicated with Counsel for the Defendant.
6) The Petition as filed is now ripe and proper for an Order to be issued.
7) Pursuant to Cumberland County Local Rule 206.4(C) and Pa.R.C.P. 206.7 when no
response has been filed pursuant to a Rule to Show Cause, the proper way to dispose of the Rule
is to file a Motion to make the Rule Absolute and deem all facts of the petition to be admitted.
8) No proceedings will be affected by the signing of this Order and Service of this Order
and any subsequent Orders on this matter will be promptly served on the Defendant.
9) Therefore, Counsel for the Defendant respectfully requests that this Honorable Court
issue the proposed order attached to this Motion and appoint the Defendant Brad Sheetz as a pro
se Defendant.
WHEREFORE, Defendant's Counsel respectfully requests that this Honorable Court Grant
the underlying Motion and appoint the Defendant to be pro se:
Date:
01/Art
Respectfully submitted,
Robert D. Klingensmith, Esq.
Harold Shepley & Associates, LLC
209 West Patriot Street
Somerset, PA 15501
814-444-0500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Petition to Motion to Make Rule Absolute by U.S. Mail, postage prepaid, at
120 N. Keyser Avenue, Scranton, PA 18504 on Michael F. Ratchford, Esquire, the Attorney for
the Plaintiff, Sterling Jewelers on December 29, 2014.
I declare under penalty of perjury that this information is true.
Date: December 29, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Motion to Make Rule Absolute by U.S. Mail, postage prepaid, at 705
MacArthur Drive, Carlisle, PA 17013 on the Defendant, Brad D Sheetz, at his last known
address on December 29, 2014.
I declare under penalty of perjury that this information is true.
Date: December 29, 2014
Avtan
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A .•
Delaware Corporation DBA KAY .•
JEWELERS .•
Plaintiff CIVIL ACTION -LAW
v. •NO: 14-2518 CIVIL
PETITON TO WITHDRAW AS
BRAD D SHEETZ . COUNSEL
Defendant • .
Filed on Behalf of Defendant:
BRAD D SHEETZ
Counsel of Record:
Robert D. Klingensmith, Esquire
PA I.D. # 313960
HAROLD SHEPLEY & ASSOCIATES, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
(814) 444-0600 (fax)
rklingensmith@shepleylaw.com
EXHIBIT A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Petition to Withdraw as Counsel by U.S. Mail, postage prepaid, at 120 N.
Keyser Avenue, Scranton, PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the
Plaintiff, Sterling Jewelers on November 25, 2014.
I declare under penalty of perjury that this information is true.
Date: November 25, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
•
•
CERTIFICATE OF SERVICE
I served this Petition to Withdraw as Counsel by U.S. Mail, postage prepaid, at 705
MacArthur Drive, Carlisle, PA 17013 on the Defendant, Brad D Sheetz, at his last known
address on November 25, 2014.
I declare under penalty of perjury that this information is true.
Date: November 25, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
PETITION TO WITHDRAW AS COUNSEL AND APPOINT PRO SE DEFENDANT
AND NOW comes Robert D. Klingensmith, Esq. who respectfully moves the Court to
issue an order granting leave to withdrawal as counsel for the Defendant, Brad Sheetz and
appoint Brad Sheetz as a pro se Defendant in the above referenced matter.
1) The Defendant, Mr. Sheetz received a lawsuit in the above captioned matter on or
around May 7, 2014.
2) Mr. Sheetz then retained the services of Harold Shepley and Associates, LLC to help
defend the above captioned matter.
3) Counsel for the Defendant filed his appearance as well as Preliminary Objections to the
Complaint on May 27, 2014.
4) The Plaintiff filed an Amended Complaint in which the Defendant filed Preliminary
Objections to which were heard for argument on November 14, 2014.
5) The Preliminary Objections were denied at which point counsel for the Defendant asked
for sixty (60) days to file his Answer which would give the Defendant plenty of time to prepare
this Petition and get ready to proceed pro se. This matter has not been scheduled before a
specific Judge and no Judge has previously ruled on an substantive issues.
6) Mr. Sheetz, prior to the November 14, 2014 argument, has decided to cancel from firm's
representation and decided to no longer go forward with representation for this suit.
7) Granting of this Petition will not delay any proceedings as the Defendant's counsel will
file the Answer and serve Defendant of any notices received. This matter is not scheduled
for any hearings/arguments at the present time.
8) Counsel for the Defendant has been attentive to Defendant's case and has defended said
case up and until this point.
9) At this point, it seems clear that the Defendant does not wish to proceed with the
Defendant's Attorney representing him in the underlying case any further. In fact, the Rules of
Professional Conduct outline that Defendant's Counsel can not represent a client who fails to
communicate.
10) To Defendant's counsel's knowledge, neither Plaintiff's counsel nor the Defendant
objects to this petition. The Defendant has indicated he will sign a mutual consent to withdraw
and that mutual consent is attached to this petition.
11) However, Defendant's Counsel will serve the signed Rule to Show Cause upon the
Plaintiff and the Defendant to show why this Petition should not be granted. Thereafter,
Defendant's Counsel will move to have the Petition Granted by Motion upon the Rule expiring if
that is how this Honorable Court would like to proceed.
WHEREFORE, Defendant's Counsel respectfully requests that this Honorable Court Grant
the underlying Petition to withdraw as counsel.
Date:
Respectfully submitted,
Robert D. Klingensmith, Esq.
Harold Shepley & Associates, LLC
209 West Patriot Street
Somerset, PA 15501
814-444-0500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
•
•
•
•
ORDER
AND NOW, this day of
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
RULE TO SHOW CAUSE
foregoing petition, it is hereby ordered that:
, upon consideration of the
(1) A rule is issued upon all parties to show cause why the petitioner is not entitled
to the relief requested;
(2) Any party may file an answer to the petition within days of this date;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7.
(4) Depositions shall be completed within days of any response;
(5) Argument is deemed to be not necessary, but in the event the Court deems argument
necessary, Argument shall be held on
Cumberland County Courthouse;
in Courtroom of the
(6) Notice of the entry of this order shall be provided to all parties by the Petitioner.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
ORDER
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CIVIL ACTION -LAW
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NO: 14-2518 CIVIL >5.:::::
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RULE TO SHOW CAUSE
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AND NOW, this 5 day of P...44...10Cr- , 20Y,#upon consideration of the
foregoing petition, it is hereby ordered that:
(1) A rule is issued upon all parties to show cause why the petitioner is not entitled
to the relief requested;
(2) Any party may file an answer to the petition within 0 days of this date;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7.
(epositions shall be completed within days of any response;
EXHIBIT B
(5) Lument is deemed to be not necessary, but in the event the Court deems argument
nec sary, Argument shall be held on , in Courtroom of the
Cumberland County Courthouse;
(6) Notice of the entry of this order shall be provided to all parties by the Petitioner.
BY THE COURT:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Order dated December 5, 2014 by U.S. Mail, postage prepaid, at 120 N.
Keyser Avenue, Scranton, PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the
Plaintiff, Sterling Jewelers on December 11, 2014.
I declare under penalty of perjury that this information is true.
Date: December 11, 2014
EXHIBIT C
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Order dated December 5, 2014 by U.S. Mail, postage prepaid, at 705
MacArthur Drive, Carlisle, PA 17013 on the Defendant, Brad D Sheetz, at his last known
address on December 11, 2014.
I declare under penalty of perjury that this information is true.
Date: December 11, 2014
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
ANSWER
Filed on Behalf of Defendant:
BRAD D. SHEETZ
Counsel of Record:
Robert D. Klingensmith, Esquire
PA I.D. # 313960
HAROLD SHEPLEY & ASSOCIATES, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
(814) 444-0600 (fax)
rklingensmith@shepleylaw.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
•
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
ANSWER
AND NOW, comes the Defendant, Brad Sheetz, by and through his attorney, Robert D.
Klingensmith, Esquire of Harold Shepley & Associates, LLC, and files the following Answer to
Plaintiff's Amended Complaint:
1. Admitted.
2. Admitted.
3. Denied. After a reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to whether he used the account at issue to the extent
Plaintiff contends she has. After a reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the terms and conditions of the original agreement,
and whether those terms and conditions were subsequently amended by the Plaintiff.
4. Denied. After a reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to whether he used the account at issue to the extent
Plaintiff contends she has. After a reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the terms and conditions of the original agreement,
and whether those terms and conditions were subsequently amended by the Plaintiff.
5. Admitted.
6. Admitted.
7. Denied. Plaintiff has not produced any writing in which mutual consent illustrates the
validity of paragraph 7 of Plaintiff's Amended Complaint. The Defendant denies owing the
Plaintiff the amount of money they claim is owed. By way of further response it is denied that
the statements are true and accurate copies that illustrate the balance owed in this matter.
8. Denied. Paragraph 8 of Plaintiff's Amended Complaint contains a conclusion of law
in which no response is necessary. In the event a response is necessary it is denied that
Defendant paying any amount constitutes Plaintiff's damages claim. It is disputed that the
Defendant owes the amount claimed owed.
9. Admitted in part and denied in part. Defendant admits refusing to pay the aforesaid
amount, but Defendant denies that the aforesaid amount is owed by Defendant to Plaintiff.
10. Admitted.
11. Denied. After a reasonable investigation, Defendant is without knowledge
or information sufficient to form as to whether he used the account at issue to the extent Plaintiff
contends he has. If Plaintiff can prove the he used the account at issue, then Defendant is
without knowledge of whether Plaintiff suffered monetary damages because Defendant has no
means to determine whether an unpaid balance remains on the alleged account or calculate the
amount of said balance.
WHEREFORE, Defendant respectfully requests that judgment be entered for it on
Plaintiff's claims and the same dismissed with prejudice.
Respectfully submitted,
Robert D. Klingensmith, Esquire
Attorney for the Defendant
Harold Shepley and Associates, LLC
209 West Patriot Street
Somerset, PA 15501
(814) 444-0500
(814) 444-0600 (fax)
rklingensmith@shepleylaw.com
VERIFICATION
Bradley Sheetz, hereby states that 1 am the Defendant in this action and verifies that the
statements made in the forgoing pleading are true and correct to the best of my knowledge,
information and belief.
The undersigned understands that the statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
Bradley Sheetz
Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
CERTIFICATE OF SERVICE
I served this Answer by U.S. Mail, postage prepaid, at 120 N. Keyser Avenue, Scranton,
PA 18504 on Michael F. Ratchford, Esquire, the Attorney for the Plaintiff, Sterling Jewelers on
December 29, 2014.
I declare under penalty of perjury that this information is true.
Date: December 29, 2014
L)).
Server's Signature
Gretchen Giles — Legal Assistant
Printed Name and Title
Harold Shepley & Associates, LLC
209 West Patriot St.
Somerset, PA 15501
Server's Address
4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STERLING JEWELERS INC. A
Delaware Corporation DBA KAY
JEWELERS
Plaintiff
v.
BRAD D SHEETZ
Defendant
•
•
•
•
•
•
•
CIVIL ACTION -LAW
NO: 14-2518 CIVIL
ORDER TO WITHDRAW AS COUNSEL AND APPOINT PRO SE DEFENDANT
AND NOW, this to+ day of 071,6,41 , 20 /..V. , upon the Rule to
Show Cause submitted and attached hereto, it is hereby Ordered that Robert Klingensmith, Esq.
is granted leave to withdraw as counsel to the Defendant in the above referenced matter and the
Defendant be appointed pro se.
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BY THE COURT
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