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HomeMy WebLinkAbout00-05718 , '"'-'.'," "',- ,< - , " "",u.\~ i" ",""i.. '_'f "r--"""" ' '",';' , ' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Maryfrances Cassell, Plaintiff v. Docket No. t:O - 57/{ ta;J Kartic C. Dass, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action with twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 249-3166 "'~, '- '.. '.~ , ",", - \ " -- '~-" ~,-, " -- -', ,,' ,,> ,',;, 0' - ^ ." C.'" .,,"- .--,"- '__;0 ~", r",__", ,', L ". """ '."""<,,,,,-.:u,;',' ',--' --'',,.;-:"'~\ - "'--."i',,-_.',__'e, J ,-,;' ';.> "-""'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Maryfrances Cassell, Plaintiff v. Docket No. Kartic C. Dass, Defendant NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandes expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abagado y archivar en la corteen forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 249-3166 -Co"~ ''"''", 4' -"^'''-'' ~';;;;,,^;., ,^ eo ,);,..':,J :--, ":i-- h,,'" '. -'C.",\,,] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Maryfrances Cassell, Plaintiff v. Docket No. Kartic C. Dass, Defendant Complaint I. Plaintiff is an adult individual currently residing at P.O. Box 33, Mt. Joy, Lancaster County, Pennsylvania 17552. 2. Defendant is an adult individual with a business address at all times hereunder and to the present of P.O. Box 125, North Enola Drive, Enola, Cumberland County, Pennsylvania 17025-0245. 3. Defendant is a Certified Public Accountant. 4. On or about December 17,1996, Plaintiff, while attending a tax seminar was approached by Defendant and engaged in a conversation relative to the tax implications of a legal settlement. In order to further explain, Defendant requested that Plaintiff meet him in his accounting office in Enola, Pennsylvania, bringing with her all books and records. 5. On or about December 20, 1996, Plaintiff met with Defendant. At that time Defendant reviewed all of the books and records of Plaintiff, informing Plaintiff that if she were to receive a legal settlement there would be large tax implications due to the manner in which she had arranged a certain corporation previously formed by Plaintiff. -1- , . " ~, _--'~" '-c _ _,._ "' ~.>:." ;,".~.."'. ;."" i>'.;;~_"o';; .". ;. ".> _ _ "" .;.;;',~'- :,c%, ,;;l.,:", ,~. '" ;,. '/," " '.c. .,k'.,>,_;_ ;;;--'''''';;:'1 ~ '" _~~ 6. At said meeting, Defendant offered to prepare any necessary corporate minutes, proper accounting entries and proper accOlmting for tax returns. 7. Upon completion of the aforesaid work, Defendant rendered a bill which Plaintiff paid. 8. During the course of the meeting, Defendant engaged in discussions with Plaintiff relative to certain ongoing litigation/negotiations between Plaintiff and the Lancaster Mennonite Conference. 9. During said meeting, Defendant represented that he had attended college with a member of the Board of Directors of the Lancaster Mennonite Conference. Count I Breach of Contract 10. Defendant represented that he could serve as a liaison between Plaintiff and the member ofthe Board of Director and the Lancaster Mennonite Conference and could obtain a prompt resolution of the litigation through an "out-of-court" settlement. 11. Defendant represented that he was aware that a fund in the approximate amount of $800,000 had been set aside to pay plaintiff and that he could facilitate the payment of those funds to plaintiff. 12. In exchange for securing the "out-of-court" settlement, Defendant requested a contingent fee of $64,000 to be paid only when the funds were transferred to plaintiff. 13. As an expression of good faith, Defendant requested that Plaintiff make a down -2- II,"" e,,-,--.-- ~., ~ -, ~ -" .' 'v' . ~'. ,,-;__..:>_ L __ <-,,", ,-. " -, '''d.',';,_' ~' ';""'1 payment on the $64,000 contingent fee in the amount of $4,000, which funds were to have been placed in Defendant's escrow account, and repaid if no settlement was achieved. 14. In full reliance upon Defendant's statements and his position within the community as a Certified Public Accountant, and based upon her prior dealings with Defendant, Plaintiff, on September 17, 1997, presented Defendant with a check in the amount of $4,000 15. At the time of the tendering of the check, Defendant reassured Plaintiff that the funds would be placed into Defendant's escrow account and be repaid in full if an out-of-court settlement did not occur. 16. During the remainder of 1997, the entirety of 1998, and most of 1999, Plaintiff called Defendant seeking information relative to the progress Defendant was making in the resolution of the litigation between Plaintiff and the Lancaster Mennonite conference. 17. In June, 1999, Plaintiff requested that Defendant provide her with the name and telephone number ofthe individual with whom Defendant was discussing the resolution and settlement of the litigation. Defendant refused to provide Plaintiff with that information. 18. Plaintiff believes and therefore avers that Defendant was to make periodic progress reports which Defendant refused to provide. 19. Plaintiff at all times was ready, willing and able to perform her obligations under the oral contract. 20. On or about November 11, 1999, Plaintiff forwarded a letter to Defendant terminating the oral contract for failure of Defendant to perform, further requesting Defendant to return all funds currently being held in escrow by Defendant. -3- ~ " -, '-,,-- c----i"'-~~"~, .'-.1 "> ' I ","" -'" ,-j "',',- - ~-"y: 21. On or about November 18, 1999, Defendant informed Plaintiff that he could not secure Plaintiff's funds until after December 17, 1999 when interest on Defendant's escrow account was to be paid. 22. On or about November 18, 1999, Defendant further informed Plaintiff that he would only retum $3,000 to Plaintiff, retaining $1,000 ofthe original amount given to Defendant, plus all interest paid or accrued as a result of Plaintiff's funds being deposited in the account. 23. By letter dated December 4,1999, Plaintiff informed Defendant that she would forego the payment of interest earned on the funds held by Defendant provided that the full $4,000 principle was returned by December 17, 1999. Defendant neverresponded to this letter. 24. On or about December 17, 1999, Plaintiff forwarded a certified letter to Defendant, which letter included copies of Plaintiff's earlier demand for the return of her funds. Said letter was returned by the united States Post Office as having been refused. 25. Defendant has failed and refused to perform in accordance with the agreement in that he has undertaken no effort to secure the resolution of the litigation between Plaintiff and the Lancaster Mennonite Conference, nor has Defendant secured an out-of-court settlement, made periodic reports, or to return all deposits upon termination of the contract without securing a resolution of the matter. 26. By reason of the breach by Defendant, Plaintiff has sustained damages in the sum of $4,000 plus interest from November 1997 to the present. WHEREFORE, Maryfrances Cassell prays that a judgment be entered for her in the amount of $4,000.00 plus interest from November 1997 to date and grant such other relief as this Honorable Court deems appropriate. -4- ",I - '-' ~ - "-- <,'. ---~ '.'~" '_--<'--;i,;:-_, _.n,,' _ -';';' -.' -';'-./'~_:.,;d,,,_",, --.-~,_,__;n".iJ";i _n~ . . Count II Fraud 27. Paragraphs 1 through and including 26 are incorporated herein by reference as if fully set forth herein. 28. Plaintiff believes and based upon such belief alleges that at all times mentioned to the present, that the representations made by Defendant were, in fact, false. 29. Defendant never intended to and did not engage in any effort to secure an out-of- court settlement or other resolution of the litigation between Plaintiff and the Lancaster Mennonite Conference in favor of the Plaintiff herein, but instead intended to secure funds for his own personal use. 30. When Defendant made the misrepresentations set forth herein, he knew them to be false and these representations were made by Defendant with the intent to defraud and deceive Plaintiff and with the intent to induce Plaintiff to act in the marmer herein alleged. 31. Plaintiff, at the time the aforementioned representations were made by Defendant, and at the time that Plaintiff took the actions herein alleged, was ignorant of the falsity of Defendant's representations and believed them to be true. 32. In reliance upon these representations, Plaintiff was induced to and did forward funds to Defendant as a down payment for Defendant's performance. Had Plaintiff known the actual facts, Plaintiff would not have taken such action. 33. Plaintiff's reliance on Defendant's representations was justified because Defendant was: (1) a respected CPA in whom Plaintiff could place Plaintiff's trust and confidence; (2) had previously performed accounting services for Plaintiff; (3) alleged that he was personally -5- _~~_n_' '--"",]- .. "'.- - ,'.._-, c""-'<'" '",.-" ';.""" ',-,-/ "',-,,-',",,,'"!:'- :.,-,;, ili . -- ~.., '",- ,;(,,~;,i, acquainted with individuals with authority in the Lancaster Mennonite Conference who could settle the litigation; and (4) professed to know certain facts which would enable Defendant to perform in a marmer satisfactory to Plaintiff, for example, that a fund had been created for payment of Plaintiff. 34. Plaintiff, by relying on Defendant's false and fraudulent representations has been damaged in the sum of not less than $4,000.000 plus interest from November 1997 to date. 35. The aforementioned acts of Defendant were willful, wanton, malicious and oppressive and justify the award of exemplary and punitive damages in the amount of $10,000.00 WHEREFORE, Maryfrances Cassell prays that: (1) a judgment be entered for her in the amount of $4,000.00 plus interest from November 1997 to date; (2) a judgment be entered against the Defendant for exemplary and punitive damages in excess of$10,000; and (3) grant such other relief as this Honorable Court deems appropriate. Count ill Breach of Fiduciarv Duty 36. Paragraphs 1 through and including 35 are incorporated herein by reference as if fuIly set forth herein. 37. At all times herein mentioned, Defendant, having previously performed services for Plaintiff, acted in a fiduciary capacity. 38. At all times herein mentioned, Defendant was a fiduciary of Plaintiff in that Defendant obtained all held funds in escrow for Plaintiff as a down payment. -6- -- -. "~" ,'-- ~'-', ,,~,-,-, -- ,~" ;'--' ;".' "",,"- '_'---)L':"'t,':-':J_:-;',.~L,;',;;~_'_,;i,_;,_,,-~,; ::;'::-~"A","--'~:':.';'" -:';,"-_,>-,,'.~:c___' ,,~-"<-i,'>, . . , 39. Plaintiff relied totally on the representations of Defendant and thereby reposed her entire confidence and trust in Defendant. 40. Defendant, in omitting to perform the acts set forth above, breached the fiduciary duty owed by him to Plaintiff. 41. As a direct and proximate cause result of the breach of the fiduciary duty owed by Defendant to Plaintiff, Plaintiff suffered damages in an amount of$4,000.00 plus interest from November 1997 to date. 42. The aforementioned acts were done by Defendant with an intent to defraud Plaintiff and justify the award of exemplary and punitive damages in the amount of $1 0,000. WHEREFORE, Maryfrances Cassell prays that: (I) a judgment be entered for her in the amount of $4,000.00 plus interest from November 1997 to date; (2) a judgment be entered against the Defendant for exemplary and punitive damages in excess of$lO,OOO; and (3) grant such other relief as this Honorable Court deems appropriate. tfully Submi~1J '/lLt/~ Cr' . Doll, Esquire 2 orth Front Street Second Floor Harrisburg, PAl 71 0 1-1606 (717) 230-9555 Attorney J.D. #22814 Attorney for Plaintiff Maryfrances Cassell -7- . ---...."'-,"",,; _, '__0",,',; "'-_ " J " ' ... VERIFICATION I, Maryfrances Cassell, verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. Section 4904) relating to unsworn falsification to authorities. /h..~_.hA ()AAAnPO Ma~ ances Cassell P.O. Box 33 Mount Joy, PA 17552 if ~.~ .-~lUIi!:lIWiilli:W-ill~!li-{!Wj~iil!><ili;Md;;:~I"-'lfJ,'..d.'UAr!A<tiil:~'\f~ "~', ,- l:i>..-illitiNiil - .<=".~-- -. ~w "~~ """"""":-: .. ~ " .. ~ ~ ~ ~ (") C?' 0 ~ C 0 " ~ ~ ~ -~ ~ vCx.' .~'~ ~~1 , 1 rnpl ;n ~. Ci\ Z:::D -,,:'T\- \\J \ ~, ~~:'~: {:f) -:-,_\(J " , ~ ::~:.',() ~ " ~~CJ -0 -H ~ <- - \ . }>(; :-;1: It;~ ~ Zr, ~ "I'i: :;;c ~ Z W ~ ~ ~ 'D -< ..- ~, - --~~. '" ~,~,,~... ~ ~~ ~ ~ ," ~ ~1IJ~ili:'li!itf,!! SHERIFF'S RETURN -- REGULAR CASE NO: 2000-05718 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASSELL MARYFRANCES VS DASS KARTIC C KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DASS KARTIC C CPA the DEFENDANT , at 0015:05 HOURS, on the 23rd day of August ,2000 at 125 NORTH ENOLA DRIVE ENOLA, PA 17025 by handing to KARTIC DASS 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 So Answers: 18.00 9.92 .00 10.00 .00 37.92 ~~fI-t:~( R. Thomas Kline 08/24/2000 CRAIG A. DOLL Sworn and Subscribed to before By: me this "7~ day of lr.p;"JUA- ;2.rnm A. D . 0T'-C' h,,~,., ,^filj rothonotary , -,-,-' ^-,;d.. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CNIL ACTION - LAW Maryfrances Cassell, Plaintiff v. Docket No. 00-5718 Civil Kartic C. Dass, Defendant PRAECIPE TO THE PROTHONATARY: Please mark the above captioned matter settled and discontinued. Dated: /0/dO ~'/ljJ.d crai~ll 25 N. Front Street Harrisburg, PA 17101 Attorney for Plaintiff 1~~-'S~',:;",: Co" - , ,~ _.1' ,~ <~-; .. "_ ~. , . ,"'_, .'< C _" ,., , . , ~," -,,~ ' " A__~ =,>>'.='" H,>..H"", .-} 0 co C) C 0 ,",! $', CJ " -0("1"; [....'1 ~1 ;_1.1 mr'r C) Z---r-; Z~' '-,ll"! -'-. u:o ;~.-' ~1=: r:::C. ''',) C) :-;;.b-' u;.! )>,..---, =r: :D Z>< , () 5>~ CO t5rn Z ~ );' =<! "n 0 =< ~ ,~~." _n