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Home My WebLink About09-3698IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SPIRIDOULA TSARHOUIS Plaintiff V. WILLIAM T. JUPITZ : No. Qq - SOR ?w 1 jerjA Defendant 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 Date: / 6, DEMETRIOS H. TSAROUHIS ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION SPIRIDOULA TSARHOUIS Plaintiff V. WILLIAM T. JUPITZ Defendant No. coq- 3G 9P COMPLAINT Plaintiff, Spiridoula Tsarouhis, by and through her counsel, Demetrios H. Tsarouhis, Esquire, hereby brings this action against Defendant, William T. Jupitz, and avers the following: COUNTI 1. Plaintiff, Spiridoula Tsarouhis, ("Plaintiff'), is an adult individual who resides at 3537 Logan Street, Camp Hill, PA 17011. 2. Plaintiff works as a seamstress. 3. Defendant, William T. Jupitz ("Defendant") is an individual resident of Pennsylvania maintaining a home address of 95 Eastgate Dr., Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant requested Plaintiff to perform alteration and repair work to certain items of clothing. 4. In accordance with Defendant's request, Plaintiff performed the alteration and repair work to the items of clothing. 5. On July 21, 2008, the Plaintiff submitted an invoice to the Defendant for the completed articles. A true and correct copy of the invoice is attached hereto as Exhibit "A" and incorporated herein by reference. 6. The prices charged for the articles are the fair and reasonable prices therefore, and the prices which Defendant agreed to pay. 7. From time to time Defendant received monthly statements of the balance due and owing Plaintiff, and accepted the same without objection. 8. By virtue of the foregoing, there is presently due and owing by Defendant(s) the sum of $925.00. 9. Although demand has been made upon the Defendant(s) for the payment of this sum, Defendant(s) has failed and refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for the following items: a) The sum of $925.00 presently due and owing for the articles provided to Defendant; b) Interest in the amount of 6% per annum since July 21, 2008; C) Reasonable attorney's fees; d) Court Costs; e) Any other relief which this Court deems just and proper. COUNT II 10. Paragraphs 1 through 9 are incorporated by reference. 11. On or before July 21, 2008, Plaintiff performed work upon articles of clothing for the benefit of Defendant of the kinds, in the quantities, and for the prices set forth in Plaintiff's invoice, true and correct copies of which are shown as Exhibit "A". 12. Defendant received and accepted the clothing with the alteration work performed by Plaintiff as shown on Exhibit "A", and benefited thereby. 13. The work performed upon the clothing is worth of $925.00 14. Defendant received the benefit of the work performed upon the clothing by Plaintiff and it is unconscionable for Defendant to receive those benefits without making payment to Plaintiff. 15. It can be inferred from the acts in the light of the surrounding circumstances that Defendant implied that it would pay Plaintiff for the work performed to the clothing. 17. Under the circumstances, the work performed upon the clothing was provided to Defendant under an implied promised to pay the value of the work. 18. All conditions precedent to the present action have occurred or been performed. 19. Defendant is liable to the Plaintiff in the sum of $925.00 under the theory of quantum valebant, quantum meruit, quasi contract, implied contract, services had and received, and/or unjust enrichment. WHEREFORE, Plaintiff demands judgment against the Defendant for the following items: a) The sum of $925.00 presently due and owing for the articles provided to Defendant; b) Interest in the amount of 6% per annum since July 21, 2008; C) Reasonable attorney's fees; d) Court Costs; e) Any other relief which this Court deems just and proper. CTFULL SUBM D, ? 1 DEMETRIOS H. TSAROUHIS DATE: Attorny for Plaintiff 21 S. 9TH Street, Ste. 200 Allentown, Pa 18102 Phone: (610) 439-1500 VERIFICATION I, Spiridoula Tsarouhis, Plaintiff, verify that the statements contained in the aforementioned COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unworn falsification to authorities. Date: b 13100) Spiridoula Tsarouhis q 4?FCC 21149 ,lUtd -4 PIS 12*-03 pcN?1?Y`?YCa ?1NN?Y PD +?-rN 418.50 elc#' 181 jr* aacpa35 Sheriffs Office of Cumberland County R Thomas Kline Sheriff °tAr- ItI`rfa Edward L Schorpp Solicitor Ronny R Anderson Deputy Jody S Smith Chief A"ICE OF „F SNERWF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/05/2009 04:49 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 5, 2009 at 1649 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William T. Jupitz, by making known unto himself personally, defendant at 95 Eastgate Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.94 SO ANS E June 08, 2009 R THOMAS KLINE, SHERIFF 2009-3698 Spiridoula Tsarhouis V William T. Jupitz Deputy Sheriff G Q. 0 r 4c N Gn