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Home My WebLink About03-6467MOHAWK FACTORING, INC. Plaintiff CLIFTON W. GRIFFITHS, INDIVIDUALLY AND TRADING AS GRIFF'S FLOORING SPECIALISTS Defendant(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED 1N 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 attorney filing in writing with the Court your defenses or objections to the claims set Ikoth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 MOHAWK FACTORING, INC. Plaintiff CLIFTON W. GRIFFITHS, INDIVIDUALLY AND TRADING AS GR1FF'S FLOORING SPECIALISTS Defendant(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03 - de q(o? : CIVIL DIVISION- LAW COMPLAINT The Plaintiff, MOHAWK FACTORING, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings tbis act/on ofAssumpsit agaiust the Defendaut to recover the sum of FOURTEEN THOUSAND, TWO HUNDRED NINETY-SIX DOLLARS AND EIGHTY-THREE CENTS ($14,296.83), along with interest thereon from October 20, 2003 upon a cause of action of which the following is a statement: I. Tile Plaintiff, MOHAWK FACTORING, INC., is a corporation organized aud existing under tile laws of the State of Georgia, having its principal office and place of business at 160 South Industrial Boulevard, Calhoun, Georgia 30701. 2. The Defendaut, CLIFTON W. GR1FFITH, is au adult iadividual trading and doiag business as GR1FF'S FLOORING SPECIALISTS with an office and place of business at 5205 Simpson Ferry Road, Mechanicsburg, Cumberland Couuty, Pennsylvania 17050. 3. Plaiutiff, at the special instance and oral request of tile Defendant, sold and delivered goods, wares and mercbaudise to the Defendaut. 4. Plaintiff's Invoices are not attached to tbis pleading due to the volumhtous uature of same. Said Invoices will be made available to Defendant or Defendant's Couusel for iuspection and copying in Plaintiff's attorney's offices upon written request by Defendant or Defendant's Couusel to Plaintiffs Counsel. 5. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. 6. The balance due and owing by Defendant to Plaintiff is the sum of Eleven Thousand, Nine Hundred Fourteen Dollars aud Three Cents ($11,914.03), as appears by Plaintiff's Statement of Account hereto attached, marked as Exhibit "A" and made a part hereof. 7. Due to the default of Defendant, and pursuant to the terms and conditions of the Credit Application executed by Defendant, along with a Personal Guaranty, hereto attached, marked Exhibit "B" and made a part hereof, attorney's fees in the total amount of Two Thousand, Three Hundred Eighty-Two Dollars and Eighty Cents ($2,382.80) have been added to said account. 8. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FOURTEEN THOUSAND, TWO HUNDRED NINETY-SIX DOLLARS AND EIGHTY-THREE CENTS ($14,296.83), along with interest thereon from October 20, 2003. Respectfully submitted, Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\STACY\CCP COMPLAINTS\WORKL29861 .wpd:06Nov03 2 ACCT NBR: 173808 GRIFFS FLOORING SPECIALISTS ATTN: ACCOUNTS PAYABLE MOHAWK 10/20/2003 PAGE: 1 5205 SIMPSON FERRY ROAD MECHANICSI~URG, PA 17050 DEAR VALUED CUSTOMER, Below is a listing of all outstanding items on your account. Please let me know if you have any questions. DOC NBR TRAN, DOC DATE DUE DATE C8298796 INV 11/15/2002 12/30/2002 C8399070 INV 1 t/21/2002 01/05/2003 C8515192 INV 12/02/2002 01/06/2003 C8515193 INV 12/02/2002 01/16/2003 C8640833 INV 12/10/2002 01/24/2003 C8662050 INV 12/11/2002 01/15/2003 C8777376 INV 12/20/2002 01/24/2003 C9042946 INV 01/17/2003 03/03/2003 $9178046 INV 01/2g/2003 02/28/2003 C9~221687 INV 01/31/2003 0311712003 ORIG ITEM AMT 1,896.01 1,387.21 1,844.40 1,637.86 1,163.94 1,160.70 1,696.00 139.67 168.39 1,819.85 ri'EM BALANCE 1,896.01 1,387.21 1,844.40 1,637.86 1,163.94 1,160.70 1,696.00 139.67 168.39 1,819.85 USD USO USD USO USO USO USD USD USO USD AGA clc, i~25572 C/B 08/19/2003 08/21/03 (1,000.00) (1,000.00) USD TOTAL BALANCE 11,914.03 ~00-427-4900" Fax 706-517-8806 P.O. Box 800 * 23[ ~ . FAX ~O SERVE AS ORIGINAL~--'-~~ CARPETS MO~ C~T CO~~ ~CLUDING ~ DIVISIONS A~ ~8~ (~UA~Y A~ CO~ELY SELLER) C~ff AP~ICATION AND ~NAL ) TUE 16:03 [TX/RI NO 6718] NOU-:~ ~-2003 20: 5~ P. 0~ f~l~ifi~tion t~ authtwitie~. 2986] ., T OTt::L P.I]6 SHERIFF'S RETURN CASE NO: 2003-06467 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOHAWK FACTORING INC VS GRIFFITHS CLIFTON W ET AL - REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 2nd day of January 2004 by handing to true and attested copy of COMPLAINT & NOTICE together with says, the within COMPLAINT & NOTICE GRIFFITHS CLIFTON W DEFENDANT at 1620:00 HOURS, at 119 N SPORTING HILL ROAD MECHANICSBURG, PA 17050 CLIFTON GRIFFITHS a and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this fR day of ? /Prothonotary ' ' So Answers: R. Thomas Kline 01/05/2004 KNUPP KODAK By: Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-06467 P COMMONWEALTH OF PENNSYLVANIA: COL~NTY OF CL~4BERL~qD MOHAWK FACTORING INC VS GRIFFITHS CLIFTON W ET AL REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRIFFITHS CLIFTON W T/A GRIFFS FLOORING SPECIALISTS the DEFENDANT , at 1620:00 HOURS, on the 2nd day of January , 2004 at 119 N SPORTING HILL ROAD MECHANICSBURG, PA 17050 by handing to CLIFTON GRIFFITHS, OWNER 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /J day of q_~ ~3~¥ A.D. P~dthonot ary ' So Answers: R. Thomas Kline ~ '~'~-"~ oz/o5/2oo¢ KNUPP KODAK IMB~ By: ~{ Deputy Sheriff MOHAWK FACTORING, INC. Plaintiff CLIFTON W. GRLHq'ITIS, INDIVIDUALLY AND TRADING AS GRIFF'S FLOORING SPECIALISTS Defendant(s) TO: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-06467 CIVIL DIVISION - LAW PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiffand against Defendant(s) CLIFTON W. GRIFFITHS, INDIVIDUALLY AND TRADING AS GRIFF'S FLOORING SPECIALISTS, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $14,296.83 Interest from October 20, 2003 at the legal rate of 6% per annum $285.92 Total $14,582.75 It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s) and his attorney of record, a~er the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached. KNUPP, KOD ,~J.~M, P.C. Robert D. Kodak, Attorney for Plaintiff DATED: ~ ~ udgment entered and damages assessed as above. Prothonotary Robert L. Knupp Robert D. Kodak Gary J. Imblum LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7159 Facsimile: 717/238-7158 email: kki.law~verizon.net January 23, 2004 FILE (1909-1976) Robert H. Maurer (1923-1998) CLIFTON W GRIFFITHS 119 NORTH SPORTING HILL ROAD MECHANICSBURG PA 17050 RE: VS: Mohawk Factoring Inc. Clifton W. Griffiths indiv, and t/a Griff's Flooring Specialists No. 2003-06467, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 29861 Dear Mr. Griffiths: In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. RDK/kqb enclosure CC: Robert D. Kodak, Esq. THIS LE'I-FER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE ATTN ABBE THOMPSON AG ADJUSTMENTS LTD POST OFFICE BOX 9109 PLAINVIEW NY 11803-9109 #548212 MOHAWK FACTORING, INC. Plaintiff CLIFTON W. GRIFFITHS, INDIVIDUALLY AND TRADING AS GRIFF'S FLOORING SPECIALISTS Defendant(s) FILE C6P¥ : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-06467 : CML DMSION - LAW IMPORTANT NOTICE TO: CLIFTON W. GRIFFITHS , Defendant(s) DATE OF NOTICE: JANUARY 23, 2004 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTHBELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE T° PROVIDE YOU WITH INFORMATION ABOUT AGENCJESTHAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 Robert L Knupp Robert D. Kodak Gary J. Imblum LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17'108-1848 Telephone: 717/238-7159 Facsimile: 7171238-7158 emaih kki.law~verizon.net January 23, 2004 COP¥ Robert E. Knupp (1909-1976) Robert H. Mau~er (1923-1998) GRIFFS FLOORING SPECIALISTS 119 NORTH SPORTING HILL ROAD MECHANICSBURG PA 17050 RE: VS: Mohawk Factoring Inc. Clifton W. Griffiths indiv, and tJa Griffs Flooring Specialists No. 2003-06467, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 29861 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esq. RDK/kqb enclosure CC: ATTN ABBE THOMPSON AG ADJUSTMENTS LTD POST OFFICE BOX 9109 PLAINVIEW NY 11803-9109 #548212 MOHAWK FACTORING, INC. Plaintiff CLIFTON W. GRIFFITHS, INDIVIDUALLY AND TRADING AS GRIFF'S FLOORING SPECIALISTS Defendant(s) COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-06467 CML DIVISION - LAW IMPORTANT NOTICE TO: GRIFF'S FLOORING SPECIALISTS , Defendant(s) DATE OF NOTICE: JANUARY 23, 2004 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 (10) DAYS FROM THE DATE OF TIffIS 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 ALAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTHBELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO I-fiRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166