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HomeMy WebLinkAbout08-3314Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff V. DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 33/1,/ CIVIL TERM 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 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F:\F1LES\Clients\6019 7022\6019.44.com Created: 10/12/05 8:41AM Revised: 5/27/08 4:29PM Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff V. DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - j3 1 Y CIVIL TERM COMPLAINT AND NOW, comes Plaintiff Mountz Jewelers, L.P., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Mountz Jewelers, L.P., is a Pennsylvania limited partnership with a place of business at 1160 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17301. 2. Defendants, Darin Conner a/k/a Darin Connors and Litia R. Connors a/k/a Litia R. Conner, are adult individuals residing at 429 North Market Street, Apt. 2, York, York County, Pennsylvania 17401-3892. 3. On or about October of 2007, Plaintiff extended credit to Defendants for the purchase of jewelry totaling One Thousand Three Hundred Twenty-eight and 02/100 ($1,328.02). A copy of the invoice is attached hereto as Exhibit "A." 4. Plaintiff's periodic interest rate on all unpaid balances is 1.5% per month. 5. Plaintiff issued invoices and monthly statements to Defendants for all jewelry purchased on credit. 6. Defendants made one payment on October 2, 2007, in the amount of $1,250.44, which check was returned by Community Banks marked "Not Sufficient Funds". A copy of said check is attached as Exhibit "B". 7. Plaintiff has demanded and Defendants have failed to pay the amount due. 8. Plaintiff has fulfilled, performed and complied with all express and/or implied obligations and conditions agreed upon for the sale of the jewelry. 9. As of March 12, 2008, the principal and interest due and payable by Defendants to Plaintiff was One Thousand Three Hundred Twenty-eight and 02/100 Dollars ($1,328.02), with interest accruing thereafter at 1.5% per month, attorney fees and late charges. COUNTI BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference averments contained in Paragraphs 1 through 10 of this complaint. 11. Defendants breached the expressed and/or implied obligations, conditions and terms of the contract by failing to pay the amount due to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of One Thousand Three Hundred Twenty-eight and 02/100 Dollars ($1,328.02), plus interest at 1.5% per month, late charges, costs of suit and any other relief as the Court deems just and reasonable. COUNT II IN QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Plaintiff, Mountz Jewelers, L.P., and Defendants, Darin Conners and Litia R. Connors does not exist, which is denied, Plaintiff pleads the following: 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Having requested Plaintiff to provide jewelry, and doing so to the benefit of Defendants, Defendants became liable to Plaintiff for said jewelry. 14. Defendants have been unjustly enriched by accepting said jewelry without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Defendants have become enriched is One Thousand Three Hundred Twenty-eight and 02/100 Dollars ($1,328.02). WHEREFORE, Plaintiff demands judgment against Defendants Darin Conners and Litia R. Connors One Thousand Three Hundred Twenty-eight and 02/100 ($1,328.02), plus interest at 1.5% per month, late charges, costs of suit and any other relief as the Court deems just and reasonable. MARTSON LAW OFFICES Date: By: ? Christopher E. Rice, Esquire Attorney I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff In making this communication, we are advising you this firm is attempting to collect a debt for Mountz Jewelers, L.P. Any information gained from this communication will be used for that purpose. EXHIBIT "A" ACCOUNT SUMMARY (as of 03/01/2008) New Balance $1,328.02 Minimum payment Due $0.00 Payment Due Date 03/1212008 Statement Date 03/17/2008 Darin and Lydia Connors 429 W Market Street Apt 2 York, Pa 17401-3892 Transaction Date Qty Transaction Description ' 02/29/2008 1.0 Finance Charges 59?sy Account Purchases Previous Balance $1,308.39 Balance , $1,308.39 Amount ' $19.63 1.50% 2 $19.63 ants & C:red Its lvew rurcn"ex; '_'r wn ubc ,..-,-, $0.00 $0.00 $19.63 $0.00 $1,328.02 EXHIBIT "B" Oct 1 p Mountz Jewelers DATE 10-11-07 ?du CAA Man maef-.farm 1nee.s T-sr CO mVanr MdT•s quiCkt ine. P.O. Box 767, Buftal0, NV 14240 Buffalo (716) 626-1900 Outside Of The auffaro Area (B00) 724-2440 AMOUNT OF CHECK(S) RETURNED $ 1,250.44 NUMBER OF ITEMS N 1 MOUNTZ JEWELERS 153 N HANOVER ST CARLISLE Dear Customer: PAGE 1 OF 1 Your account, number 146994 , has been charged for the total value of the following items which were deposited and subsequently returned for the reasons indicated below. Fees incurred as a result of these transactions will be reflected in your monthly service charges. If-you have any questions, please call your relationship " nagQr or call puickLine at the phone number listed above. DETAILED LISTING OF RETURNED DEPOSITED ITEMS aEf'OSft POLAR REAS6!( MOP 1]ATE: AMOUNT, iFfiR fiETURN' N 100907 1,250.44 NSF 00 *053000206a 10/11/2007 6435612068 0 0 Th i s I s a LEGAL COPY o f ti your check. You can use i t ti- the same way You would use the original check. or, 1?1 I" RETURN REASON-A C3 ru rA Ln NOT SUFFICIENT A FUNDS n o- m Ln r4 O z C3 MM PA M f-q m 0 Ir P .i t co S <BA>IE(i _, fM?C£1i TNfpRtlR??b{f - , L 0313-1041 000110500000457 LIM R CONNORS a o? 814 CEDAR VUAGE Oq. YORK, PA 17400 P 123 s Oat ? w+a ?No 0?r x:0313 W 1 it: i 500000457~ p A 3 41:0 3 1 3 10 4 13+: i 10 500000 4 5700 123 PA 17013 . r 1000 10'0000 L 2 5044' nr .sr,• VERIFICATION I, Terr4nce Ebersole, acknowledge that I have the authority to execute this Verification on behalf of Mountz Jewelers, L.P., and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and. Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Mountz elers, L.P. 0 ?-? rya .. - Ti p co G? O 't, "Ti Cfl SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS L P VS CONNER DARIN AKA DARIN CONNORS R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CONNER DARIN AKA DARIN CONNORS but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 14th , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So answ-T- Docketing / 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 30.04 Sheriff of Cumberland County Postage 3.12 70.16 ? 711&167 07/14/2008 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS L P VS CONNER DARIN AKA DARIN CONNORS R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT CONNORS LITIA R AKA LITIA R CONNER to wit: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 14th , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So answers- _ Docketing 6.00 ?- Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00- ? fi????o g ?,, 16.00 07/14/2008 MARTSON LAW OFFICES Sworn and subscribe to before me this day of , A.D. 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 1 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFF/S/ Mountz Jewelers LP 3 DEFENDANT/S/ 2 COURT NUMBER 2,Q jj je331,Q._ r j X& 4. IYP- r)c WRIT OR COMPLAIN F Darin Conner et al C I CA , 08-331 lcvl SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Darin Conner aka Darin Connors 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY, BORO, TWP . STATE A ODE) AT MtyV 7. INDICATE SERVICE: U PERSONAL 0 PERSON IN CHARGE JKDEPUTIZE 0 LMand 0-1-SrCLASS MAIL O POSTED ? OTHER NOW May 30 20 08 I, SHERIFF OFI?COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this return there ing to law. This deputization being made at the request and risk of the plaintiff., r- 0 ` SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OUT OF CO. Ctnnberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY CUMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE CHRISTOPHER E. RICE, TEN EAST HIGH ST., CARLISLE, PA 17013 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF ?0 TELEPHONE NUMBER I11 DATE FILED -243-3341 15-28-20 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 115. Expiration/Hearing Date of COMDIaint as indicated above. RA I nn n n r r I V fn C. n c n )A fie r n7 n n n n 21. ATTEMPTS IDate I_ Time Miles I CInt. Date ..r I 9 I ?Tim J? I Miles I Intl I Date I Time I Miles I Int I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. 22 PER NEIGHBOR WHO STATED THAT THEY MOVED OUT MAY 31. POST OFFICE CHECK NOT BACK BY EXPIRATION DATE. 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due Refund Check No $150.00 =Q e0 ?io 34. Foreign County Costs 35. Advance costs 36 Service osts 37 Notary Cert. 38. Mleage/Postage/Not Found 39 Total Costs- 1 40. Costs Due or Refund h SO ANSWERS 41. AFFIRMED and subscribed to bef re me thi J U L Y Q8 u. Signature of 45. PATE 42 day of ay . 20 43 Dep. Sheriff t^Ke""rf / NOTARY 46. Signature of York 47 DATE County Sheriff K RICHARD P. K E SHEI-1 48 Signature of Foreign 49 DATE County Sheriff W, 1 ACKNUWLt:UUt KtUtIP I UP- I Ht SMtKII-1•-b Kt I UKN WUNA I UKt 151 LATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY . Sheriffs Office 4. BLUE - Sheriffs Office 16. HOW SERVED PERSONAL( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. I hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) 16. NAME AND TITLE OF INDIVIDUAL SERVED l LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service Vcs" rG'TS ? W8 Z N1.1' 0 06' E , 03AI 2 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-96D1 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ l Mountz Jewelers LP 2 COURT NUMBER 08-3314 civil 4. IT F't OF VVKI I UK GUMYLAIN 1 3 DEFENDANT/S/ N O T I C E , C I C A Darin Conner et al Notice and Canplaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD •Litia R. Connors aka Litia R. Conner 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO, TWP, STAT NO ZIP COD AT 1 k M ov I> 7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE DEPUTIZE ? CET MIL a 1ST CLAS AIL U POSTED U OTHER Ma 30 77LTLL. NOW y 20 I, SHERIFF OF ? COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute ty0 i. aloe r?n th O according to law. This deputization being made at the request and risk of the plaintiff. 7 SHERIFF OF OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC10 U T 0 F C 0 Cumberland Please mail return of service to Ctmlberland county sheriff. Thank you. ADV FEE PAID BY CUMBERLAND CC SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUR TEN EAST HIuH STREET, CARLISLE, PA 17013 K 1 U It , t M-243-33 ELEPHONE NUMBER 11. DATE FILED 41 15-28-2008 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicted above. M J M C G I L L Y C S O 16-2-2008 6-27-2008 16. HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. I hereby certify, and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date of Service 120 Time of Service 21. ATTEMPTSI Date I Ir ,l Miles I Int. I Date liGmw M I s I G tt I Dale I Time I Miles I Int. I Date I Time I Miles I Int. I Date l Time Miles Int Date Time Miles Int. 22. REMARKS: PER NEIGHBOR WHO STATED THAT THEY MOVED OUT MAY 31. WE DID A POST OFFICE CHECK AND IT DID NOT COME BACK BY EXPIRATION DATE. 23. Advance Costs 24 Service Costs 25. N/F 26 Mileage 1 27. Postage 28 Sub ToP 29. Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. Mileage/Postage/Not Found 38 39 Total Costs 40 Costs Due or Refund 41 AFFIRMED and subscribed to loaf re me thi h SO ANSWERS . JULY f 42 d 20 U 43 4a. Signature of 45. DATE . ay o , Dep. Sheriff PF#S*W / NOTARY 46. Signature of York 47 DATE County Sheriff RICHARD P. U B R, SH_RIF 7-9-2008 48 Signature of Foreign 49 DATE County Sheriff nC JnCRlrr J RC I VRn JIVfV'11 ?/RC 151. DAf t KEGEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office REI Vd ?Vll IS Z lid Z Nfil' 43AI303k Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants : NO. 2008 - 33 /1 CIVIL TERM NOTICE' You have been sued in court. If you wish to defend against the claims set forth 'n th'er' following pages, you must take action within twenty (20) days after this Complaint and NMke art served, by entering a written appearance personally or by attorney and filing in writing with thvcou# your defenses or objections to the claims set forth against you. You are warned that if you fail to did 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRUE C--""' D In Testimony whereof, f svt my hand and the seal of said Court at tr i.Ja, Pa. This ....ak ..... day of.......... 5r Prothonotarf F:\FILES\Clients16019 7022\6019.44.com Created: 10/12/05 8:41AM Revised: 5/27/08 4:29PM Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008 - CIVIL TERM DARIN CONNER &Wa DARIN CONNORS and LITIA R. CONNORS &Wa LITIA R. CONNER, Defendants COMPLAINT AND NOW, comes Plaintiff Mountz Jewelers, L.P., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Mountz Jewelers, L.P., is a Pennsylvania limited partnership with a place of business at 1160 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17301. 2. Defendants, Darin Conner a/k/a Darin Connors and Litia R. Connors aWa Litia R. Conner, are adult individuals residing at 429 North Market Street, Apt. 2, York, York County, Pennsylvania 17401-3892. 3. On or about October of 2007, Plaintiff extended credit to Defendants for the purchase of jewelry totaling One Thousand Three Hundred Twenty-eight and 02/100 ($1,328.02). A copy of the invoice is attached hereto as Exhibit "A." 4. Plaintiff's periodic interest rate on all unpaid balances is 1.5% per month. 5. Plaintiff issued invoices and monthly statements to Defendants for all jewelry purchased on credit. 6. Defendants made one payment on October 2, 2007, in the amount of $1,250.44, which check was returned by Community Banks marked "Not Sufficient Funds". A copy of said check is attached as Exhibit "B". 7. Plaintiff has demanded and Defendants have failed to pay the amount due. 8. Plaintiff has fulfilled, performed and complied with all express and/or implied obligations and conditions agreed upon for the sale of the jewelry. 9. As of March 12, 2008, the principal and interest due and payable by Defendants to Plaintiff was One Thousand Three Hundred Twenty-eight and 02/100 Dollars ($1,328.02), with interest accruing thereafter at 1.5% per month, attorney fees and late charges. COUNTI BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference averments contained in Paragraphs 1 through 10 of this complaint. 11. Defendants breached the expressed and/or implied obligations, conditions and terms of the contract by failing to pay the amount due to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of One Thousand Three Hundred Twenty-eight and 02/100 Dollars ($1,328.02), plus interest at 1.5% per month, late charges, costs of suit and any other relief as the Court deems just and reasonable. COUNT II IN QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Plaintiff, Mountz Jewelers, L.P., and Defendants, Darin Conners and Litia R. Connors does not exist, which is denied, Plaintiff pleads the following: 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Having requested Plaintiff to provide jewelry, and doing so to the benefit of Defendants, Defendants became liable to Plaintiff for said jewelry. 14. Defendants have been unjustly enriched by accepting said jewelry without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Defendants have become enriched is One Thousand Three Hundred Twenty-eight and 02/100 Dollars ($1,328.02). WHEREFORE, Plaintiff demands judgment against Defendants Darin Conners and Litia R. Connors One Thousand Three Hundred Twenty-eight and 02/100 ($1,328.02), plus interest at 1.5% per month, late charges, costs of suit and any other relief as the Court deems just and reasonable. MARTSON LAW OFFICES Date: By: Christopher E. Rice, Esquire Attorney I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff In making this communication, we are advising you this firm is attempting to collect a debt for Mountz Jewelers, L.P. Any information gained from this communication will be used for that purpose. EXHIBIT "A" ACCOUNT SUMMARY (as of 03/01/2008) New Balance $1,328.02 Minimum payment Due $0.00 Payment Due Date 03/12/2008 Statement Date 03/17/2008 Darin and Lydia Connors 429 W Market Street Apt 2 York, Pa 17401-3892 Transaction Date Qty Transaction Description Amount 02129/2008 1.0 Finance Charges $19.63 Syys y FINANCINGINFORNIATION: Account Balance Finance Rate Billing Cycle Finance Charges Purchases $1.308.39 1.50% 2 $19.63 Previous Balance $1.308.39 Pmts & Credits New Purchases $0.00 $0.00 Finance Charges $19.63 Late Fee $0.00 $1.328.02 ice EXHIBIT "B" F MM&T ManwaNwe•a awn Crone •?tr ufrCA rtr P.O. Box 767, Buffalo, NY 14440 MOUNTZ JEWELERS 153 N HANOVER ST CARLISLE Dear Customer: PA 17013 r•? MdT's QuiCkOne: Buf?aio (Its) 626-1900 Outside Of The Buffalo Area MOW 724-2440 AMOUNT OF CHECK(S) RETURNED $ 1,250.44 NUMBER OF ITEMS N 1 DATE 10-11-07 ? ? 4r S?N"? Your account, number 146994 , has been charged for the total value of the following items which were deposited and subsequently returned for the reasons indicated below, Fees incurred as a result of these transactions will be reffectcd in your monthly service charges. If.you have any questions, please call your relationship " nager or call puickLine at the phone nUmber listed above, DETAILED LISTING OF RETURNED DEPOSITED ITEMS 1 7-777 DEPOSi7 D()lkAfl REASON # FMACE- ANIt Ki1K8R INfDRMA JbN DATE; AMOUNT. FOR .RETURN! NGMBE#F: ROUT IN0 100907 1,250,44 NSF 0010000897 1 0313-1041 000110500000457 *053000206* 10/11/2007 N 6435612068 0 This is a LEGAL COPY o f u r your check You can use the same way you wou I d \ i t Q- use the original check o IN . ?f` RETURN REASON-A C3 M A Ln NOT SUFFICIENT -o FUNDS Ln P9 D' M ?n ?o ? ? MM m a m W Lft R C<Mt4ORS 21107 814 CEDAR VIUAGE M 1Z3 YORK PA 17100 A O V`'O? 14fsnaa w ; _ />`f1 oorr..e a ?„ 1:03 &3 X04 ? r S00000457N 012 2,3 0000 yr' PAGE 1 OF 1 ` 40:0 3 13 104 13i: i i0 S000004 S 711'0 1 2 3 .10000 i 2 5044 VERIFICATION I, Terrence Ebersole, acknowledge that I have the authority to execute this Verification on behalf of Mountz Jewelers, L.P., and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Mountz J elers, L.P. ?`?r LS :8 V bZ ?,VW 06OZ Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008 - 3314 CIVIL TERM DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above-referenced matter. By: MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: / 0)6 106v> Attorneys for Plaintiff ' -7-1 rT -1, C-) til 4 t ..1 5 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS L P VS CONNER DARIN AKA DARIN CONNORS R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CONNER DARIN AKA DARIN CONNORS but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 12th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County Postage Sheriff or Deputy Sheriff who being in his bailiwick. He therefore so answe 18.00 9.00 10.00 R. Thomas Kl' 37.70 Sheriff of Cu?be erland County 2.19 n 76.89 11/12/2008 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS L P VS CONNER DARIN AKA DARIN CONNORS R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CONNORS LITIA R AKA LITIA R CONNER but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 12th , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So answe Docketing 6.00 - --''^ Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? ?r/??foF?, 11/12/2008 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. 00** 010,00 0 ' PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360 - - __ ----- --- ",..?} L 1. t/.a('? 1 OF 2 'COUNTY OF YORK i 0 OFFICE OF THE SHERIFF SER)IC;C%01 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE 1111STMICTIO NS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LNE 1 TMU 12 D4 NOT DETACH ANY COP" 1 PLAINTIFF/S/ Mountz Jewelers LP 2. COURT NUMBER 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/S/ NOTICE, CICA Darin Conner a/k/a Darin Connors et al Notice and Complaint SERVE D NAME OF INDIVIDUAL, CUMPANY, CUKPOKAI ION, E1C TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Darin Conner a/k/a Darin Connors 6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO. TWP, STATE AND ZIP CODE) AT 951 C'--rl i ^ 1 o Roa YGE P 1 Senn 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE EPUTIZE O CERT. MAIL U 1ST CLASS MAIL O POSTED U OTHER NOW October 6 20 08 I, SHERIFF O NTY, PA, do hereby deputize the sheriff of York COUNTY to execute this W i return thereof according to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF CO. Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY CUMBERLAND CO SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wdhout a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURFCHRI STOPHER E. RICE, E S1 TELEPHONE NUMBER 11. DATE FILED TEN EAST HIGH ST., CARLISLE, PA 17013 717-243-3341 10-6-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expirstion/Hearing Date or complaint as indicated above. M J MC G I LL Y C S O 110-8-2008 11-5-2008 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby ceAffy and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 120 Time of Service 21. ATTEMPTSI1?Date S I Time I I il Miles I Int. I Datej Time I `I?s I C Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. PC/ 22. PER POST OFFICE NEW ADDRESS IS 441 SPRUCE DR., EXTON , PA 19341 23. Advance Costs 24. Service Costs 25. N/F 26. Mleag 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due oi(Rekind Check No. 125.00 ©© 10I f!`?j? rQG ??• U. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mileage/Postage/Not Found 39. Total Costs 40. Costs Due or Refund 41. AFFI C341 A A. 6th 41. Signature of 42 I TA4IAL SEAL PR0"fr / NO RY Dep Sheriff 46. Signature of York LISA L. BOWMAN, NOTARY PUBLIC County Sheriff CITY OF YORK, YORK COUNTY RICHARD P. KEUE RrE B R MY COMMISSION EXPIRESAUG. 12, 2009 48. Signature of Foreign r......w. cw?..w 45. DATE 47. DATE 11-6-2008 49 DATE 1 0 0 PENNY PRESS OF YORK, INC. Ph (717) 8434078 Fax (717) 848-1360 • 2 OF 2 LJ `COUNTY OF YORK / OFFICE OF THE SHERIFF SERVICE CALL (7»)77>,-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE 0169TRliCT1CM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE t4MY LNE 1 THRU 12 DO WT MUM AM GC S 1 PLAINTIFFlSI 2. COURT NUMBER Nlrlhri'h+'-7 Jecahralcirc T.U 08-3314 C1Vll 4. 1Yf't OF VVK1t UK UUMr AINi 3. DEFENDANT/S! NOTICE, CICA Darin Conner a/k/a Darin Connors et al Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Litia R. Connors a/k/a Litia R. Conner 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. TWP, STATE AND ZIP CODE) AT , 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE DEPUTIZE CE T. IL O 1ST CLASS MAIL O POSTED ? OTHER NOW October 6 20 08 I, SHERIFF OF COUNTY, PA, d hereby deputize the sheriff of York COUNTY to execute t lee return th cording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF JEWCOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. OUT OF COUNTY Cunberland ADV FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Ctmlberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any bas, destruction, or removal of any property before shentrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE CHRISTOPHER E. RICE, §Q TELEPHONE NUMBER 11. DATE FILED TEN EAST HIGH ST., CARLISLE, PA 17013 717-243-3341 0-6-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF rnAr4C mtcs nhnar rein IMC rw +uc cues W - nn unit wwzwm 78l a ruse Tun It am 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Dale or complaint as indicated above. MJ MCG I LL YC SO 0 - 8 - 2 0 0 8 11-5-2008 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. WAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS Dale Time Miles Int. Date Time Miles Int. Dale Time Miles Int. I Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. "4)5 1??e t > %ol py y ?y 22. REMARKS: PER POST OFFICE CK NEW ADDRESS IS 441 SPRUCE DR., EXTON, PA 19341 23. Advance Costs 124 Service Costs 25. N/F 26. Mileage 127. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 132 Tat. Costs 33 Costs Due or Refund Check No U. Foreign County Costs 35. Advance Costs X. Service Costs 37. Notary Cert. 38. Mdeage/PostagefNol Found 39. Total Costs 40. Costs Due or Refund SO ANSWERS . 6th 41. AFFI 44. Signature of 45. DATE 42. _ Dep. Sheriff NOTARIAL SEAL PRAT+W f NOT RY 46. Signature of York 47. DATE LISA L. BOWMAN, NOTARY PUBLIC County Shenff CITY OF YORK, YORK COUNTY 11- 6 - 2 0 0 8 RICHARD T )XV14??<T-o - MY COMMISSION EXPIRES AUG. 12, 20N 4 8. Signature of Foreign 49 DATE Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff V. DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3314 CIVIL TERM PRAECIPE Please reinstate the Complaint in the above-referenced matter. MARTSON LAW OFFICES By: 0__144 Christopher E. Rice, Esquire Attorney I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1- Z ? _ p 7 Attorneys for Plaintiff 1 r-j V SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS L P VS CONNER DARIN AKA DARIN CONNORS R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CONNORS LITIA R AKA LITIA R CONNER but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 25th , 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 So an R. Thomas Kline Sheriff of Cumberland County -"'.?j 02/25/2009 MARTSON LAW OFFICES Sworn and subscribe to before me this day of A. D. r_ _n - t c C\9 a LL G' 1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS L P VS CONNER DARIN AKA DARIN CONNORS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT CONNER DARIN AKA DARIN CONNORS but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 25th , 2009 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 York county 36.50 Postage .42 J . J G 02/25/2009 MARTSON LAW OFFICES Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore So answe R. Thomas Kline Sheriff of Cumberland County A. D. ice. = Gx_. 12 S C` J ,s_. Cl cr. - cv "IN COUNTY OF YORK 2 OF 2 ALL OFFICE OF THE SHERIFF S(1;'719 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE VaTi CTONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PUASE TYPE ONLY l.NVE 1 7UM 11 bID NOT DETACH ANY C41111008 1. PLAINTIFF/S/ 2 COURT NUMBER 08-3314 Civil Mol1I1tZ Jewelers Inc 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Darin Conner et al NoticeelS eompIaint SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Litia R. Connors a/k/a Litia R. Conner 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY. BORO, TWP, STATE AND ZIP CODE) AT '5-25 Mtla or MC7y - k 7. INDICATE SERVICE: O PERSONAL O PERSON IN CHARGE DEPUTIZE O CERT. MAIL O 1 ST CLASS MAIL 0 POSTED ? OTHER NOW January 23 2CP 1, SHERIFF OF TY, PA, do h reby deputize the sheriff of York COUNTY to execute this.Ifflu they rding to law. This deputization being made at the request and risk of the plaintiff., .?..,r SHERIFF OF Ve"*C NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE OF (y)o Please mail return of service to CLUnberland County Sheriff. Thank you. AVV FEE PAST} BY CMEMAND 00 S MI" NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURECHRISTOPHER E. RICE, ESQ. 10. TELEPHONE NUMBER 11. DATE FILED TEN EAST HIGH ST., CARLISLE, PA 17013 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS 717-243-3341 1-21-2009 nuwv: t i ms area must oe completed it not" is to be mailed). CUMBERLAND CO SHERIFF 13. 1 sdmowledge receipt of the writ or oerrtplaint as indicated above. MJ MCGILL YCSO 14. DATE RECEIVED 1-26-20 15. ExpirationMearing Date 2'-2U-09 16. HOW SERVED: PERSONAL ( Uroo' RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( OTHER( ) SEE REMARKS BELOW 17. O I hereby cei* FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME D S D / LIST AD PESS HERE 1 T SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time of Service ? /D r 21. S Time Miles Int. Time Miles Int. ate ime Miles Int. Date Time Miles Int. Dale Time Miles IM. Date Time Miles Int. 22. REMARKS: DEF MOVED TO 83 RANDALL AVE., WOODLYN, PA 19094-- 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Cons 33 Costs Due or R"d costs 135. Advance Costs 136. Service Costs 37. Notary Cert. 38. Found , 139, Total Costs 140. Costs Due or Refund No. 1 41. AFFIRMED and subscribed to bef4e me IN s 44. Signature of 45. TE 42. day of - FAWANWE92T'R Dep. Sheriff i L 46. Signature of York 47. DATE NOTARIAL SEAL County Sheriff LISA L. BOWMAN, NOTARY PUBLIC RICHARD P- 4:119E A., , VF?F'? -12-2009 CITY OF YORK, YORK COUNTY 48. Signature of Foreign 49 DATE MY COMMISSION EXPIRES AUG. 12, 2009 County Sheriff 50. 1 A SIGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. NMITE - Isttumg Au Vxw*y 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 FRV CE CALL (717) 771-9601 SHERIFF SERVICE NSTIKJCMNS 1 00 PLEASE TYPE ONLY LINE L THRU 12 PROCESS RECEIPT and AFFIDAVIT OF RETURN NOT DETACH ANY CAW KS 1 PLAINTIFF/S/ 2 COURT NUMBER 08-3314 civil Nountz Jewelers Inc _ 3. DEFENDANT/S/ 4. 1 Trt Ur VVK11 UK L.UMYU IN i tNOTICE, CICA Darin Conner et al Notice & Complain SERVE NAMt Ur INDIVIDUAL, UUMI-ANT, UUKI-UKAI IUN, t 11, 1U JtKVt UK Utbl.K1P-I IUN Ur rKUI-tKI T IU Ot LtVMU, AI IA- KCU, UK JULY Darin Conner a/k/a Darin Connors 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP, STATE AND ZIP CODE) AT 525 Hollcrest Road York, PA 17403 7. INDICATE SERVICE' O PERSONAL O PERSON IN CHARGE EPUTIZE O CERT. MAIL ? 1 ST CLASS MAIL U POSTED O OTHER NOW January 23 20 I, SHERIFF O NTY, PA, do her by deputize the sheriff of York COUNTY to execute this Wri _urn thereof 9 to law. This deputization being made at the request and risk of the plaintik, - - -.? SHERIFF OF WM COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICrM ()j? CO. Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY C . rAM CO SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE CHRISTOPHER E. RICE, ESQ. 10. TELEPHONE NUMBER 11. DATE FILED TEN EAST HIGH ST., CARLISLE, PA 17013 717-243-3341 1-21-09 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF Sig OW FOR USE OF THE SHOW - 00 NOT YM SELM IM LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. ...r ...-,.-. rr r ...-,.... , -1 n n 1% ?^ ^a 16. HOW SERVED: PERSONAL (J6 RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW O 1 hereby and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) 18. AND E INDIVIDUAL SERV LIST AAD RESS HERE NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. 1me Miles Int. Date ime Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. 22. 23. Advance Costs .Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due or efund Check No 125.00 - 00 611 • 00 r 34. Foreign County Coats 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/PostageMot Found 39. otal Costs 40. Costs Due or Refund b b4 41 AFFIRMED ib d b d hi ANSWERS e m t . an scr su e to s 42. day of F1WMMOP# }{ 44. '=C p. of pj2 O DATE 45.1-01V-0i NOTARIAL SEAL 6. Signature of York County Sheriff , 47. DATE LISA L. BOWMAN, NOTARY PUBLIC T,H E' S III RICHARD P- a '; F 2-12-09 CITY OF YORK YORK COUNTY , .. , MY COMMISSION EXPIRES AUG 48. Signature of Foreign 49 GATE . 12, 2009 County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHER SIGNATURE s1 nATF RFCF1VFn OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheni fs Office Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 3314 CIVIL TERM DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants TO: DARIN CONNER a/k/a DARIN CONNORS, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the / _e day of April, 2009, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $1,328.02, plus interest at 1.5% per month, late charges, attorney fees, costs of suit and any other relief as the Court deems just and reasonable as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: G? Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Darin Conner a/k/a Darin Connors 525 Hollcrest Road York, PA 17403 Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff V. DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3314 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Darin Conner a/k/a Darin Connors in the amount of $1,328.02, plus interest at 1.5% per month, late charges, attorney fees, costs of suit and any other relief as the Court deems just and reasonable for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on March 9, 2009, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By: 64 _/' ?- -, Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: Lf No F.\FILES\C1ients\6019 Mountz Jewelers\6019.".10daynotice Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008 - 3314 CIVIL TERM DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants TO: DARIN CONNER 525 Hollcrest Road, York, PA 17403 DATE OF NOTICE: March 3, 2009 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 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 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LA OFFICES O'k4rfc, By: - Christopher E. Rice, Esquire This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 3314 CIVIL TERM DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant Darin Conner a/k/a Darin Connors, above named is not in the military service of the United States of America, that he has knowledge that the said Defendant is now living at: 525 Hollcrest Road, York PA 17403. Said Defendant's place of employment is unknown. Sworn to and subscribed before me this Ise' day of 32009. c? 447lublic 0---e4 5- - f? Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Nolar?l Seel Mary M. Price, Notary PtJ* CarM 9 BOA Cumberland County WN Cmrft fon E)qkM Aug. 18, 2011 Alember Perm' *rWo A00ack t"a Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008 - 3314 CIVIL TERM DARIN CONNER &Wa DARIN CONNORS and LITIA R. CONNORS a1k/a LITIA R. CONNER, Defendants COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to him by mail on March 9, 2009. Ce=? ? //t Christopher E. Rice, Esquire Sworn to and subscribed before me this Js4 day of .2009. N t Public COMMON?NEALTH OF PENNSYLVANLk Norm seas ca?Y?le 6µoro cuntxrls?d C My Commie?lon 8*hft Ato 14 21511 6Aetnber, P?nM 808 Aeea*WMm y oI CERTIFICATE-OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Darin Conner 525 Hollcrest Road York, PA 17403 Litia Conner 83 Randall Avenue Woodlyn, PA 19094 MARTSON LAW OFFICES L?l L) A Qa? By: M Price Ten fasi High Street Carlisle, PA 17013 (717) 243-3341 Dated:l (lQ This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. I mill% 19 oo%?=V?g ? 14A Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff V. DARIN CONNER a/k/a DARIN CONNORS and LITIA R. CONNORS a/k/a LITIA R. CONNER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 3314 CIVIL TERM PRAECIPE Please mark the judgment in the above-captioned matter satisfied and the action discontinued. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: arp 3/0 1 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Darin Conner 525 Hollcrest Road York, PA 17403 Litia Conner 83 Randall Avenue Woodlyn, PA 19094 MARTSON LAW OFFICES By: //, - .Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 'j o/d / This a debt collecting firm attempting to collect a debt. Any information obtained will be used for that purpose. OF THr #? ?? ,? ? FAY 2009 AUG 28 PIS 12: 36