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Home My WebLink About08-2322THIS IS AN ARBITRATION CASE ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED JAMES W. ADELMAN, ESQUIRE Mail@morrisadelman.com IDENTIFICATION #02604 MORRIS & ADELMAN, P.C. PO BOX 30477 Philadelphia PA 19103-8477 (215) 568-5621 ATTORNEY FOR PLAINTIFF Fabrikant Receivables LLC Fabrikant Receivables LLC COURT OF COMMON PLEAS Three Times Square 11th Floor CUMBERLAND COUNTY New York NY 10036 CIVIL DIVISION VS. Bailey's Diamond Center Inc. 423 Carlisle Plaza Mall Carlisle PA 17013 NO. 0$- a39A 'Wit krp. COMPLAINT-CIVIL ACTION 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Av Carlisle PA 17013 717/249-3166 Please send all correspondence to our post office box. JWA0206.2 1. Plaintiff is Fabrikant Receivables LLC, as successor in interest to M. Fabrikant & Sons Inc. Defendant(s) is Bailey's Diamond Center Inc. COUNT I 16 2. At the oral request of Defendant(s), Plaintiff sold and delivered to Defendant(s) goods and merchandise, at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit "A". 3. Defendant(s) received and accepted the goods described in Exhibit "A". 4. The prices, including service and/or other charges, if any, which are set forth in Exhibit "A", are the fair, reasonable and market prices and the prices which Defendant(s) agreed to pay. 5. All credits, if any, to which Defendant(s) is entitled are set forth in Exhibit "A". 6. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum of $1,528.80 with interest at 18% from November 9, 2006 and costs on Count I. Please send all correspondence to our post office box. JWA0206.2 COUNT II 7. Paragraphs 1 through 6 are incorporated by reference. 8. On or before November 9, 2006, Plaintiff delivered goods to Defendant at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, true and correct copies of which are shown as Exhibit "A". 9. Defendant received and accepted the goods shown on Exhibit "A", and benefitted thereby. 10. Defendant received the benefit of the goods from Plaintiff and it is unconscionable for Defendant to receive those benefits without making restitution to Plaintiff. 11. It can be inferred from the acts in the light of the surrounding circumstances that Defendant implied that it would pay Plaintiff for the goods. 12. Under the circumstances of the case, the ordinary course of dealing and the common understanding of man, there is shown a mutual intention by Plaintiff to sell and Defendant to pay for the goods. Please send all correspondence to our post office box. JWA0206.2 13. Under the circumstances, the goods were delivered to Defendant under an implied promise to pay. 14. All conditions precedent to the present action have occurred or been performed. 15. Defendant is liable to the Plaintiff in the sum of $1,528.80 under the theory of quantum valebant, quantum meruit, quasi contract, implied contract, goods had and received, and/or unjust enrichment. WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum of $1,528.80 with interest at 18% from November 9, 2006 and costs on Count II. RRIS &/ADEL;4AN, 1 . C. B V4kMES W. ADELMAN, ESQUIRE torneys For Plaintiff Post Office Box 30477 Philadelphia PA 19103-8477 215/568-5621 Please send all correspondence to our post office box. JWA0206.2 1 Feb. 6. 2008 1:07PM No.1126 P. 2/12 t7771 stafcs that helshe is I A b n Lt s' Es-?JVA-AUCS' L L C- G ?-; (,? ?l Cll.. of and that the facts set forth in the foregoing . QgmnlaiW are true and correct to the best of hi.sJ her personal knowledge or information and beW and that this statement is made subject to the penalties of 18 PaL C.S.A. 4904 relating to unsworn falsification to authorities. Dated: UeAt. Z 12 CCC ' 7 g-ust6, Rrl?Cr7 R c: SG10 of A cCLEnti Rec-v ,rrbles Qf hl. h{e-nIc ?}.`t Jnc. fx %t Fsb l?2nt-l:Per rnte<?tloral..Ltd, To 17dhoro it -May Concera: Please be advised that pursuant to (i) order of the Banlaugtcy Court dated, May 29, 2007, approving a sale of, among other things, the accounts receivable of M. Fabrikant & Sons, Inc. and Fabrilcant Leer International, Ltd. (togefher, the 'Debtors' to WilmingLon bast Company, and (ii) the Asset Purchase Agreement, dated July 12, 2007, between Wilmington Trust Company and the Debtors, Wilmington Trust Company became the legal owner of the Debtors' accounts receivable. As the new owner of the accounts receivable, Wilmington Trust Company is legally entitled to collect the accounts receivable that formerly belonged to the Debtors, and has created the Fabriksnt Receivables LLC (the "LLC') to aide in this collection. Stated another mPay, mwnies preytously owed by you to eUher of the Debtors are now instead awed in full to the LLC, and it has a legal right to coded these rnaxies from yore. Tree LLC has hired University Management Associates & Consultants Corp. to help collect tho accounts receivable. Accordingly, Uhiversi?y Management Associates & Consultants Corp. may contact you regarding the collection of monies you owed to the Debtors. Aay payments made by you to University Management Associates & Consultants Corp, vxill be applied tc reduce your outstanding debt. The documents referenced in the first paragraph, above, are available upon request. If you have any further questions, please contact me at 212 499 3641 or Kristina Wesch of Krainer Levin, Counsel to the secured lenders of the Debtors at 212 715 9264. Sincerely, Eliiot F Chief Liquidating Officer, Fabrikant Receivables LLC c% F TI Consulting, lnc.+Three Times Square, 11`h Floor+New York, NY 10036 212 499 3641[01+212 841 9350 (fl M11517.270.1 Statement of Accounts Acct Nu: 4810 Name: BAILEY'S DIAMOND CENTER Matter Nu: 7/30/2007 • Invoice# Invoice Dt Balance A188350 01/19/2007 -2,000.00 A190242 06/12/2007 -500.00 L10078976 1110912006 4,528.80 Total: 2,028.80 Count: 3 01 uf?`yf?'t 01n ? ,4 0,?17? o w Ott S v v C,P--eZ 1-7 0 /V pvs zcr? `Tu A e CG W Al ? ? v Aso ?? Lie eo ? v / P9. 1 Mt fABRIM ANTWERP SONS * TEL AVIV * BOMBAY ONE ROCKEFELLER PLAZA NEW YORK N.Y. 10020 BILL TO: BAILEY'S DIAMOND CENTER 423 CARLISLE PLAZA MALL CARLISLE, PA 17013 ATTN: TEL: (717) 245-2261 ACCTNO: 4810 Date, 11-09-2006 Invoice No. 10078976 SHIP TO: BAILEYS 16 N. HANOVER STREET CARLISLE, PA 17013 ATTN: BILL BAILEY Ref: 84034 For any product tabdoated from rough diamonds mined from January 1, 2003 onward, the seller warrants that the diamonds have been purchased from legitimate sources not involved In funding conflict and are in compliance with United Nations Resdut ons. The seller hereby guarantees that the diamonds are conflict free, based on personal knowledge and/or wrihen guarantees provided by the supplier of these. diamonds. For any product fabricated from rough diamonds. mined prior to January 1, 2003, the "Ier wanants.that conflict diamonds will not be knowingly sold and that, to the best of their ability, will undertake reasonable rneasurea to help prevent the sale of conflict diamonds In this country. The diamonds described have not been processed using the high pressure / high temperature (HPHT) treatment. have not been clarity enhanced or treated in any way, and are natural (non synthetic) diamonds. 1 1.02 TOTAL 4,528.80 DEPT LOT ID QTY WEIGHT DESCRIPTION PRICE PER PRICE PER TOTAL CARAT UNIT/STONE 1 013 713483 1 1,02 4,440.00 4,528.80 PAYMENT TERMS: 30 DAYS SHIPPER: REGISTERED MAIL Visit us at WWW.FABRIKANTDIAMONDS.COM for a complete list of our certified inventory ONE ROCKEFELLER PLAZA 28TH FLOOR NEW YORK, NY 10020 Tel:(212) 757-0790 Fax: (212) 581-4976 I FABRIKAff i ? ?oasPi ?iasrro?cds > o n4 ,/ BILL TO: BAILEY'S DIAMOND CENTER 423 CARLISLE PLAZA MALL CARLISLE, PA 17013 ATTN: TEL: (717) 245-2261 ACCTNO: 4810 SONSC N TEL AVIV ONE ROCKEFELLER PLAZA NEW YORK N.Y. 10020 (212) 757-0790 SHIP TO: BAILEYS 16 N. HANOVER STREET CARLISLE, PA 17013 ATTN: BILL BAILEY Date: 07-07-2006 Memo No. 84034 111111111111111 8 4 9 3 4 Ref: 84034 and shall remain in M. FABRIKANT & SONS, INC., and is to be subject to their order and the merchandise is to be returned on demand. Unfit the goods shall have been returned by the consignee and actually received by M. FASRIKANT & SONS, INC., the consignee shall assume risk from all hazards regardless of the cause of the loss or damage and the consignee will be fully responsible therefor, whether caused by the consignee or by another. In the event of loss or damage, the consignee will pay the amount set opposite each Item which is the stated value. A sale of all or any portion of the described goads will take effect only upon receipt by the consignee from a bona fide purchaser of a price equal to the stated value which shall be received and held by the consignee as a Trustee for BRILLIANT TRADING CO., LLC., and the said consignee shall promptly account therefor, as such Trustee. Receipt of the goods described herein by the consignee constitutes its agreement to the foregoing terms which represent the entire contract pertaining to such goods, and which cannot be varied by oral statements, dealings with respect to other merchandise or contrary customs of the trade. For any product fabricated from rough diamonds coined prior to January 1, 2003, the seller warrants that conflict diamonds will not be knowingly sold and that, to the best of their ability, will undertake reasonable measures to help prevent the sale of conflict diamonds in this country. The dfamonds described have not been processed using the high (HPHT) treatment, have not been clarity enhanced or treated In any way, and are natural (non . synthetic) diamonds. pressure /high temperature DEPT LOT ID QTY WEIGHT DESCRIPTION PRICE PER PRICE PER 1 013 621585 1 1 04 CARAT UNIT/STONE TOTAL 2 013 713483 1 . 1 02 5,325.00 5,538.00 . 4,440.00 4,528.80 2 2.06 TOTAL 10,066.80 PAYMENT TERMS: 30 DAYS SHIPPER: REGISTERED MAIL Visit us at WWW.FABRIKANTDIAMONDS.COM for a complete list of our certified inventory ONE ROCKEFELLER PLAZA 28TH FLOOR NEW YORK, NY 10020 Tel:(212) 757-0790 Fax: (212) 581-4976 -eu IA- ., ?..? SZ, d a -? SA. ?r c, SHERIFF'S RETURN - REGULAR CASE NO: 2008-02322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FABRIKANT RECEIVABLES LLC VS BAILEY'S DIAMOND CENTER INC MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAILEY'S DIAMOND CENTER INC the DEFENDANT , at 1530:00 HOURS, on the 21st day of April , 2008 at 800 E HIGH STREET CARLISLE, PA 17013 by handing to WILLIAM BAILEY, ADULT ADULT IN CHARGE 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: So Answers: Docketing 18.00 Service 5.00 Affidavit . 00 Surcharge 10.00 R. Thomas Kline 00 1412 F(0 g ., 3 04/23/2008 MORRIS & ADELMAN r Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. of .-r I hereby certify that the above names are correct and Precise Business Address of the judgment creditor is Address Three Times Square 11th Floor New York NY 10036 Address of Defendant MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE 423 Carlisle Plaza Mall Carlisle PA 17013 ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P.O. Box 30477 Fabrikant Receivables LLC Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Fabrikant Receivables LLC Three Times Square 11th Floor New York NY 10036 VS. Bailey's Diamond Center Inc. 423 Carlisle Plaza Mall Carlisle PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 08-2322 CIVIL TERM ORDER FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of the Plaintiff, Fabrikant Receivables LLC, and against the Defendant(s), Bailey's Diamond Center Inc., in the above-entitled proceeding in the sum of $1,936.96 for failure to file an Answer, and assess damages as follows: Amount of Claim Interest from November 9, 2006 TOTAL $1,528.80 $1"A08. 16 $36.96 DAMAGES ASSESS AS ABOVE: ROTHO Y 51a71o8 IS i ADRI6MAIM, PAC. BY: (JAMES W. ADELMAN, ESQUIRE Attorneys For Plaintiff JWA0517.2 ?e 01% MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 P.O. Box 30477 Philadelphia, PA 19103-8477 (215) 568-5621 ATTORNEY FOR PLAINTIFF Fabrikant Receivables LLC Fabrikant Receivables LLC Three Times Square 11th Floor New York NY 10036 VS. Bailey's Diamond Center Inc. 423 Carlisle Plaza Mall Carlisle PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 08-2322 CIVIL TERM CERTIFICATION I hereby certify that I sent a Notice Of Intention to file a default judgment to Defendant(s) by mail pursuant to Pa. R.C.P. 237.1, a true and correct copy of which is attached hereto as Exhibit A MORR & ADEL , P.C. B . S W. ADELMAN, ESQUIRE At rneys For Plaintiff JWA0517.2 MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P.O. Box 30477 Fabrikant Receivables LLC Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Fabrikant Receivables LLC Three Times Square 11th Floor New York NY 10036 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION VS. Bailey's Diamond Center Inc. 423 Carlisle Plaza Mall Carlisle PA 17013 . NO. 08-2322 CIVIL TERM TO: Bailey's Diamond Center Inc. 423 Carlisle Plaza Mall Carlisle PA 17013 DATE OF NOTICE: May 13, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO EN TOMAR LA ACCION EXIGIDA DE SU PARTE EN ESTE CASO. A MENOS DE QUE USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE REGISTRAR UNA SENTENCIA CONTRA USTED, SIN EL BENEFICIO DE UNA AUDIENCIA Y PUEDE PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE AVISO A UN ABOGADO, DEBE COMUNICARSE CON LSIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: I LAWYER REFERENCE SERVICE Cumberland County Bar Associati0 2 Liberty Av Carlisle PA 17013 (Sig ure of Plaintiff or Attorney) 717/249-3166 Please send all correspondence to our post office box. JWA0508.4 ? ? ' -tom ( e It CID =? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY TO: BAILEY'S DIAMOND CENTER INC. 423 Carlisle Plaza Mall Carlisle, PA 17013 FABRIKANT RECEIVABLES LLC Three Times Square, I Vh Floor New York, NY 10036 VS. BAILEY'S DIAMOND CENTER INC. 423 Carlisle Plaza Mall Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 08-2322 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary ( ) Judgment Against Garnishee ( ) Complaint (Confession of Judgment) ( ) Judgment transferred from another jurisdiction 08 (X) Judgment by Default ( ) Money Judgment ( ) Judgment in Replevin ( ) Judgment for Possession ( ) Judgment on Award of Arbitrators ( ) Judgment on Verdict ( ) Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: JAMES W. ADELMAN, ESQUIRE At this telephone number: 215-568-5621 ?-, - `rl r?;:: v r-; J .a ?? :- ?? ","i ... -? __? ? _ , iT Y_,Y •?,? -.., '?' _ ?; `_..' ..; Fad MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 Fabrikant Receivables LLC P.O. Box 30477 Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Fabrikant Receivables LLC Three Times Square 11th Floor New York NY 10036 . VS. . Bailey's Diamond Center Inc. 423 Carlisle Plaza Mall Carlisle PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 08-2322 CIVIL TERM ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above-entitled case satisfied upon payment of your costs only. Y: So Ordered As Above: Prothonotary IS & C. MES W. ADELMAN, ESQUIRE torneys For Plaintiff JWA0614.2 C) ?w