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Home My WebLink About09-8382Christopher 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. JENNIFER E. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 7 3 E-;-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 FAFILESThents\6019 Mountz Jewelers%019.46.com Created: 10/12/05 8:41AM Revised: 12/4/09 10:44AM 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. 2009 - F 38z CIVIL TERM JENNIFER E. YOUNG, Defendant 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 17013. 2. Defendant, Jennifer E. Young, is an adult individual residing at 607 Heritage Court, Mechanicsburg Cumberland County, Pennsylvania 17050. 3. On August 18, 2009, Defendant purchased jewelry from Plaintiff totaling $1,696.00 which Defendant paid for by her personal check No. 392. A copy of the invoice is attached as Exhibit "A." 4. Defendant's check was returned to Plaintiff by her bank marked "Not Sufficient Funds." A copy of the check is attached hereto as Exhibit "B." 5. Plaintiff attempted to contact Defendant by telephone, email and letter. 6. Plaintiff has demanded payment of the balance in the amount of $1,696.00 plus $20.00 for the service fee and Defendant has failed to pay the amount due. 7. Plaintiff has fulfilled, performed and complied with all express and/or implied obligations and conditions agreed upon for the sale of the jewelry. COUNTI BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference averments contained in Paragraphs 1 through 7 of this complaint. 9. Defendant 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 Defendant in the amount of $1,696.00, service fee of $20.00, 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 and Defendant does not exist, which is denied, Plaintiff pleads the following: 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 of this Complaint. 11. Having requested Plaintiff to provide jewelry, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said jewelry. 12. Defendant has been unjustly enriched by accepting said jewelry without paying Plaintiff reasonable compensation therefor. 13. The total amount by which Defendant has become enriched is $1,696.00. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,696.00, service fee in the amount of $20.00, costs of suit, and any other relief as the Court deems just and reasonable. MARTSON LAW OFFICES By: 0?4 s 6--, Christopher E. Rice, Esquire Attorney I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: /01-0/c e 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" °C) o ?d ?o g boA ve i, pis if/ iN 6u U a E 0 v? ? a 0 F W ? 0¢. c ti U ? u n E u ? g a o oNo 3 w? q ? N d r ar !y ? ? bD ?D p n v r o F- g o g g 64 604 iR i9 x U ° H c o H ? y h 0. 0 0 0 w?a jb. 1? a u g F E ? 3??N uCY?N ; O F A fa ON u om .. -Sd In Sd a M a a p 7 x V 1` co f EXHIBIT `B" *0S2000113* 08/27/2009 17- 000006504393006 0 This is a LEGAL COPY of your r`u -? O check. You may use it the same ld i l h i Q _r na way you wou e or g use t ru m Check. N. 0-' R FFI IE T F N S C0 M NOT U N DS ?? D Ln . C30 c'e deIof1rt O C Item tof t 00 (1i C3 ru 0 d JENNIFER E YOUNG ?aot 2118319M " 3 9 2 607 HUMAGE COURT £+ . ? ? • O'? MECHANICSSURG,PA 17050 DATE i $ } t2 9 w w DMWC 8 -=-- MEMO N r. 1:2313822L.11: 21831,`1200016 0 2 Loll: 2 3 138 2 24 LI: 2 L8 319 200000 39 2 1110000 1 6 9 60001' 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 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 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. Mount welers, L.P F OLESTHents\60(9 Mountz Jewelers16019.46.com c Q 111u13 L?L ; "- t 7 8, 5 RECEIVED NOV 2 0 2009 MARTSON °F David D. Buell 414, 1Wenee 7(7 Simpson Prothonotary 15` Deputy Prothonotary �' ,° f « z k F I '�� `� ly 7(irS. Soonage, ESQ t. Irene E. Morrow r Solicitor 1754 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, <Pennsy(vania 69-83P2._ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717 240-6195 • Fax(717)240-6573