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Home My WebLink About06-6616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff No: ct. - I..~LIo eLl.> L ~ 'lL.'7l KING1S JEWELRY vs. COMPLAINT IN CIVIL ACTION ERIC C FUNK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05568825 CEPit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KING'S JEWELRY Plaintiff vs. Civil Action No ERIC C FUNK Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, KING'S JEWELRY is a corporation with offices at P.O.BOX 630 NEW CASTLE , PA 16103 . 2. Defendant is adult individual(s} residing at the address listed below: ERIC C FUNK 1370 NEWVILLE RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 99090017459 . 4. Defendant made use of said credit card and has a current balance due of $803.01 , as of October 11, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 18.000% per annum on the unpaid balance from October 11, 2006 . A copy of Plaintiff's APPLICATION is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , ERIC C FUNK , INDIVIDUALLY , in the amount of $803.01 with continuing interest thereon at the rate of 18.000% per annum from October 11, 2006 plus costs. This law firm is a debt collector, our client and any information o~ C. Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. eventh Avenue, Suite 2718 burgh, PA 15219 434-7955 FAX. 412-338-7130 05 68825 CEPit CXC to collect this debt for be used for that purpose. , 10/02/2006 10:35 717709111 ~~H OO~ o~ ~~~ ~~ ~i" lid i . 0 or I ~I(i i i j. ~ i ~ { ! i r/) i ~ ! r/) ! Ifi~ii~ 3' Eii R s.8 .... t...................... > KINGS JEWELRY CB09 PAGE 01 nlRi~ ~ ~SI'j1 ~Ci ~ .:....]11~ ~ 11:11" ~ ~ !l!.~" ff"s. ~ .. ~ !lt~1 ~l" :& ~ .s,Jg f r.lJ f: 2' ~ !~ .J.U ~~ !~ id ~ l' E II lrrs ~If.t~ r f r AIG.I r if I~ I ~ a~ . 1.1 I. :t)"si 1 irEi'll. a. n ~~ i t. l~lt~ (. lij-fH. :r M t~IJi fJ. ,. Ii 1. l!=' . II I .: t "li~ ~B . ~d ::J:.( ~ ~ ~ ~l =:~~ I~' ~. 'OM -. '-< i ~ig -'J jt~ g, fa ..- l>> i' . t Hi f s~... 11 HI ..' [ ~~ i VI ! I ~ r!ri~ Bal'" Qi i ~ ~ (J ~ R """'..c. ,...... ~ ~~ '-'~~ \ -...l ~ : -b R CI) i ~ ~ f ~ ~ t-. __ ......~ ~~ _tJttJ ~ I ~ ~ VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is <;<A y r't0'1St) (NAME) 1> ) '(lA (~\)t\.- ~ ,v ((l.A J. , I (TITLE) of /< 1 fI,~ ~ .:[ f tv'\ Lt.,! (COMPANY) , plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ~j Qj2~) . (SIGNATURE) This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. . . WWR#05568825 -:J:) ~ "'- ~ ~ f' o ~ .,~ ~ 1..) . ~ & ~~ L P:: 1- (~ ~.; ~ s'~ ...-'"~~ cS .....e':;: () -fl -f -r- rn" 1'"~ ~..~~ ~~ ~ r .<~-n .:'::::: ,,-- c...) ~_~~;~ M ~~l .r.- )c.,,' o ~ G SHERIFF'S RETURN - REGULAR CASE NO: 2006-06616 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING'S JEWELRY VS FUNK ERIC C GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FUNK ERIC C the DEFENDANT , at 2035:00 HOURS, on the 7th day of December, 2006 at 1370 NEWVILLE ROAD CARLISLE, PA 17013 by handing to ERIC FUNK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ~o~ \' ,I ~ 18.00 4.40 .00 10.00 .00 32.40 So Answers: r~d'<~ R. Thomas Kline 12/12/2006 WELTMAN WEINBERG REIS Sworn and Subscibed to By: ~ ~ . ~ Deputy S iff before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KING'S JEWELRY Plaintiff No.: 06-6616 CIVIL TERM VS. PRAECIPE FOR DEF AUL T JUDGMENT ERIC C FUNK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 W ehman, Weinberg & Reis Co., L.P .A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#05568825 Judgment Amount $ 841.42 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION KING'S JEWELRY Plaintiff vs. Civil Action No. : 06-6616 CIVIL TERM ERIC C FUNK Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ERIC C FUNK above named, in the default of an Answer, in the amount of $841.42 computed as follows: Amount claimed in Complaint $803.01 Interest from OCTOBER 11,2006 to JANUARY 16, 2007 at the legal interest rate of 18.00% per annum $38.41 TOTAL $841.42 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with P A RC.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ~ WILLIAM T. MOLCZ PA 1.0.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#05568825 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1370 NEWVILLE RD CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KING'S JEWELRY Plaintiff vs. Civil Action No. : 06-6616 CIVIL TERM ERIC C FUNK Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order 0( Judgment was entered against you on.....~' ~Y(~oo7 (xx) Assumpsit Judgment in the amount of$841.42 plus costs. () Trespass Judgment in the amount of$_ plus costs. () Ifnot satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, P A. (xx) Entry of Judgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration Award Prothonotary BY~ PRO ONOT ARY liT\) ERIC C FUNK 1370 NEWVILLE RD CARLISLE,P A 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE eOURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KING'S JEWELRY Plaintiff Ca.se :# ()l;. ~&&I~ CrVIL1fK."\ ERIC e FUNK De!endant(s) IMPORTANT NOTICE TO; ERIC C FUNK 13.70 NEWVILLE RD CARLISLE,PA 1701~ Date of: NoticE;; WWR#; Q556882S i /~/Ol YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOro~TION ABOUT HIRING A LAWYER. IF YOU CAlnJOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFom~TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (71.i) 249~3166 BY: JAME~r BRODT, ESQUIRE PA I_._TJ._ # 2524 WELT~, EINBERG & REIS CO., L.P.A. 271~ KQPRS BLDG. '. 436 7TH AVE. PITrSB GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KING'S JEWELRY Case no: : 06-6616 CIVIL TERM Plaintiff NON-MILlT ARY AFFIDAVIT vs. ERIC C FUNK Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. ~ 521. Affiant further states that based upon investigation it is the affiant's beJiefthat the Defendant, ERIC C FUNK is not in the military service. A ffiant further states that this be lief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, ERIC C FUNK is not in the military service. Further Affiant sayeth naught. wfi~ AFFIANT COMMONWEALTH OF PENNSYLVAN N t . IA W, 0 arial Seal City Ofenp~Y L. Gault, Notary Public M J!t~hwQr. Allegheny Coo YComm,~."''''. c)f,CRS July 15, 2~% This law firm is a debt collector attempting to collect this debt for ou~~~t%faflfdYMl~aA .. ed will be anes used for that purpose. AND SUBSCRIBED in my presence this 11- day . 8.007 . Request for Military Status Page 1 of2 Department of Defense Manpower Data Center . Military Status Report Pursuant to the Servicemembers Civil Relief Act JAN-16-200709:54:10 -< Last Name First/Middle Begin Date I Active Duty Status I Servicel Agency FUNK ERIC Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~~- ~-~ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy ofDOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: hn12) /www.defenselink.mil/fagLpi~LPCQ2SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/16/2007 Request for Military Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BMPQBEJWFGV https:/ /www.dmdc.osd.mil/sera/owa/ sera. pre _Select 1/16/2007 (") 'C!, 0 ~~ ':3 ..(\ ,. c.- ..~: ~;~ ';.-..,pw ~ f'..) x;- -,:J ~ .(.q.. b 4l. 7f\ ~ ?r- 1'"' ~ () ~~~~ \ ~ ~ \ ~.~ f. ~ ( .....r:- -0 _? ~llIo- r:-? en e,..:J