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HomeMy WebLinkAbout10-0670DIAMOND IMPORTS, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C-7". NO. VS. ; r.CAPITAL CITY JEWELERS, INC. Defendant Civil Action -Law 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOU 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 St. Carlisle, Pennsylvania 17013 1-800-990-9108 OR 717-249-3166 61 L) f `` 1 DIAMOND IMPORTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. CAPITAL CITY JEWELERS, INC. : Defendant : Civil Action -Law COMPLAINT AND NOW, on this,!' e';44 day of 2010, comes the Plaintiff, Diamond Imports, Inc., by it's attorney, Anthony L. DeLuca, Esquire, and files this Complaint based upon the following: 1. The Plaintiff, Diamond Imports, Inc., is a California Corporation, organized and existing under the laws of the state of California with its principal place of business at 888 Brannan Street, Ste 3110, San Francisco, California 94103. 2. The Defendant, Capital City Jewelers, Inc., is a Pennsylvania Corporation, organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 144 South 32nd Street, Camp Hill, Cumberland County, Pennsylvania. 3. On the dates and invoices the summary of which is attached hereto and incorporated herein by reference as Exhibit "A", the Defendant ordered from the Plaintiff certain goods, wares, and merchandise which, at the specific request of Defendant, were sold and delivered to the Defendant. 4. Defendant received and accepted the aforementioned good, wares, and merchandise. 5. The prices charged by the Plaintiff were fair, reasonable and market prices which prevailed at the time of the transactions. 6. Plaintiff avers that the outstanding balance owed by the Defendant, allowing for credits, is $8,375.25. 7. Plaintiff avers that it is entitled to interest on the unpaid balance of one and one- half (1 %2 %) percent per month. 8. Although repeatedly requested to do so by the Plaintiff, Defendant has willfully failed and refused to pay the amount due and owing the Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court grant Judgment against the Defendant in the amount of $8,375.25 together with interest and costs of suit. Respectfully submitted, `r Anthony L. DZa, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Attorney ID#18067 jar 20 201C 5: 16PM lOfOZr'20C9 14:20 F0 Jewelers Board of Trade 14014672211 p.2 im 006/003 -?-el states that he/She is tie 14? Of Diamond Imports, Inc., a California Corporation, and ft the facts set fob in the f °MQinS Complaint are true ertd correct to the best of his/her knowledge, infartnation and belie& and that this ,W=ent is Made subject to the peOdties of 18 PA C.S.A. 490,4 rcla* to Msworn fialariflcation to authorities. Dated: *Q:9LC-) ' ?'?'"??•'2"'='O 11:35 415-431-1419 DIAMOND IMPORT PAGE 02/10 Diamond Imports, Inc. 888 Brannan St., Suite 3110 San Francisco, CA 94103 800-675-4047 Fax: 415-431-1419 Statement -BILL TO' Account No: 7298 C61p,tal Caty Jewelers, [ac. 144 South 32Nd St. (Camp FH.i11 Sboppiug C Camp Hill FA 17011. Andrew Shipping as Billing Invoice:_ 49219 24785 1_1/26/2007 AT2yut Due: ?- $4,372.05 12/11/2007 4J372.05 Shi )in as Billin TOTALS: 54,372.05 $4, Invoice: 49467 24885 1/2/2008 Amount Due: $5,543.20 1/17/2008 5,543. 20 l TOTALS: SS_541.2n rIr Totals are Noi Invoice Amount ----- . $9,915.25 Date: 115/ 1/2008 717 ??.us I $0.001 05 $55 .20 43.20 $0.00 $5,5 .20 Crd: oa Past Due Amt EXHIBIT "A" * Copyright DJW, h,c. 2008 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~:, ,~e~ _ : ,rtf =r~iF ~1~.~L3-~i.~Fr=i~~ :~~ ~~c ~~~~~~n~a~r Diamond Imports, Inc. vs. Capital City Jewelers, Inc. 2QIQ FED -$ P~ 12~ C~0 CLthv~~ . ,~, ~,~ ~._tw,,i~;,~ Case Number 2010-670 SHERIFF'S RETURN OF SERVICE 01/28/2010 03:01 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2010 at 1501 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Capital City Jewelers, Inc., by making known unto Andrew Hiester, Owner of Capital City Jewelers, Inc. at Camp Hill Shopping Center, 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 February 03, 2010 SO AN ERS, O NY R ANDERSON, SHERIFF ~,r`` ~'- Deputy eriff ~i f;nu"*}'Suitr S`sdf. l~elecsu't. Inc. G `? t?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV _ CIVIL DIVISION Z ? ` PRAECIPE FOR WRIT OF EXECUTION _e * Gc:) p ? ? Confessed Judgment Caption: v' P / 'w o,vd _'?Z70y/o 1"f -TJ '?fJc' ' J Other vs- ? a j??a 1 G r ?f- ?/ ?T-PCV??t'?' S ?Z"iv c'` % Per&.E.26r? csf -C7 O -n .-a M? o© Z O-n Zn w O r'n c1r D W ? File No. f.0 16 - G 70 Amount Due & V? Interest Atty's Comm 3 If/o /#a. /'/d_n'A-- 'P/-1U,e - Sv X 131 Costs Ga ,o O THE SAID COURT: OTHP O ?Pk f?lOA Y TV61fi/ TO The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of e::n1or P,- la'UC/ County, for debt, interest and costs, upon the following described property of the defendant (s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant s) described in the attached exhibit. Date /,S' zo? D Signature: Print Name: ?l 9y Cdr 00 n Na. SG i, if Adlu I?l/ • L/ Lf .n-' J Address: pendens against real estate of the a-,?I 7 ?e?vGa Attorney for: Telephone:/'J- Supreme Court ID No: /ion r'e# 19, If-h WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-670 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DIAMOND IMPORTS, INC. Plaintiff (s) From CAPITAL CITY JEWELERS, INC. AT 3401 HARTZDALE DRICE SUITE 131, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL JEWELRY, GOLD, SILVER, PLATINUM, CASH, COMPUTERS, MOTOR VEHICLES, EQUIPTMENT, RINGS, WATCHES, BRACELET, NECKLACES. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$8,375.25 Interest Atty's Comm % Atty Paid $171.44 Plaintiff Paid L.L. $.50 Due Prothy $2.00 Other Costs Date: 12/15/10 (Seal) REQUESTING PARTY: Name ANTHONY L. DeLUCA, ESQUIRE Address: 113 FRONT STREET BOILING SPRINGS, PA 17007 Attorney for: PLANTIFF Telephone: 717-258-6844 Supreme Court ID No. 18067 David Buell, Proth By: Deputy DIAMOND IMPORTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2010-670 CAPITAL CITY JEWELERS, INC. : Defendant : Civil Action -Law c CZS - a Z - PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD r- -? ' ' r '_ 2 te ;- > c TO THE PROTHONOTARY OF THE SAID COURT: Please enter a Judgment by Default for Failure to Plead against the defendant in the above captioned matter in the amount of $8,375.25 together with interest and costs of suit. Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Attorney, for Plaintiff TO: David D. Buell, Prothonotary DATE: December 1, 2010 #jy Gi) Y44? /040 y acv Zbf xk-fiu 4W4 ? Lug-