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Home My WebLink About12-5359 i • r-.s ~ Christopher E. Rice ~,.r' tv Attorney I.D. No. 90916 4~..,. MAKTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER "fen Fast High Street ~ - ~;::a~,. Carlisle, PA 17013 :=b (717) 243-3341 Attorneys for Plaintiff MOLJNTZ JEWELERS, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COiJNTY, PENNSYLVANIA v. : NO. 2012 - CIVIL TERM i TIMOTHY A. CLARK, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set Earth in the following pages, you must take action within twenty (20) days after this Complaint and Notice ire 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 HAUL A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BF,LOW. 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 AC}ENCIES THAT MAY OFFF,R 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 ~~`~6~~ ~ ~ a ?g T F .PILflSClientsb019 :VlountzJewelers\8019A8 ClarkV6019.48 com Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (7l7) 243-3341 Attorneys for Plaintiff MOt1NTZ JEWELERS, L.P. : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COtTNTY, PENNSYLVANIA v. : NO. 2012 - CIVIL TERM TIMOTHY A. CLAKK, 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 3780 Trindle Road, Camp Hill, Cumberland County, Pennsylvania l 7011. 2. Defendant, Timothy A. Clark, is an adult individual residing at 1401 English Drii~e, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On February 14, 2012, Defendant purchased jewelry from Plaintiff totaling $3,795.86, which Defendants paid for by personal check No. 10029. A copy of the invoice is attached as Exhibit "A."' 4. Defendant's check was returned to Plaintiff by his bank marked "Not Sufficient Funds." A copy of the check is attached hereto as Exhibit `B." 5. Plaintiff attempted to contact Defendant by letter. 6. Plaintiff has demanded payment of the balance in the amount of $3,79:5.86, 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. 8. By purchasing the jewelry from Plaintiff, Defendant entered into a written contract as indicated on the receipt (the "Contract"). i COUNTI BREACH OF CONTRACT 9. Plaintiff hereby incorporates by reference averments contained in Paragraphs 1 through 8 of this Complaint. 10. Defendant breached the expressed and/or implied obligations, conditions and terms of the Contract by failing to pay the amount due to Plaintiff. WI~EREFORE, Plaintiff demands judgment against Defendant in the amount of $3,795.86, service fee of $20.00, costs of suit, attorney fees in the amount of $500.00, 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: 1 1. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 10 of this Complaint. 12. Having requested Plaintiff to provide jewelry, and doing so to the benefit of Defendant. Defendant became liable to Plaintiff for said jewelry. 13. Defendant has been unjustly enriched by accepting said jewelry without paying Plaintiff reasonable compensation therefor. 14. The total amount by which Defendant has become enriched is $3,795.86. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,795.86, service fee in the amount of $20.00, costs of suit, attorney fees in the amount of $500.00, and any other relief as the Court deems just and reasonable. COUNT III MISREPRESENTATION AND FRAUD 15. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 14 of this Complaint. 16. On or about February 14, 2012, Defendant Timothy A. Clark issued a check in the amount of $3,795.86. A true and correct copy of the redacted check is attached hereto as Exhibit ``B." 1 7. The check was returned being marked as insufficient funds. 18. Defendant Timothy A. Clark has issued a check that could not be honored. r 19, Defendant Timothy A. Clark knew or should have know that there was not. sufficient funds when the check was issued. 20. Defendant Timothy A. Clark has fraudulently misrepresented to Plaintiff that he could pay for certain goods received from Plaintiff by providing the check. 2 l . Plaintiff relied on the representations of Defendant Timothy A. Clark that. the check would be honored. WHEREFORE, Plaintiffdemands judgment against Defendant Timothy A. Clark in the tdtal amount of $3,795.86, service fee in the amount of $20.00, costs of suit, attorney fees in the amoV~nt of $500.00, and any other relief as this Court deems just and reasonable. MARTSON LAW OFFICES ,~;a By: ~ ~i ~ I ~ Christopher E. Rice, Esquire Attorney LD. 90916 Ten East High Street Carlisle, PA 17013 / (717) 243-3341 Date: ~9~~~'N~ Attorneys for Plaintiff u~ ~ ~ a This is a debt collecting firm attempting to collect a debt for Mountz Jewelers, L.P. Any information obtained will be used for that purpose. Exhibit "A" 05!10!2012 13:40 MOUNTZ JEWELERS CAMP HILL ~'?~()7"; 7~, ="."?031004 iNVO1~Ct: Feb 1.4, 201.2 zz~s.~3 BILL TO CUSTOMER ORDER # ~ awlP TO Clark, Timothy At?d Carta Clark, 7'rmetlty And Carla 4 Sand Pine Court 9 Strad Fire, Caurt Mechanicsbur8, PA 1'050-8500 Mcchxnicsl~urg, PA 17050-8500 Phone: 717.514-2277 Phone: ?]'1.514-2277 INVOICE TODAY'S DATE TERMS INVOICE DATE! SALES P[RSONJ 221833 OS/IO/2012 Immediate Feb 14, 2012 L.JU STACK 1D ITEM DESCRIPTION PHOTO QTY UNIT•PRICE TOTA4PIIICI± HU4TEE BSi33d00W 2dw 14KWG Tannic Bracelet wl83 FtBC 4pg set in 1.00 $3,569.00 $3,569.00 individual finks hidden clasp $ERV-73 SERV-73 CH POS Mist Merchandise 1.p0 $12,00 $12.00 Check ($3,795.86) NOTiS: TOTAL QTYt 2.0 PAGE 1 of 1 SUB TOTAL: $3,581.00 SHIPPING: $0.00 TAX: $214.86 TOTAL: $3,795.86 PAYMfENTB: ($3,795.86) INVOICE ¦ALANCE: 50.00 Exhibit "B" _ _ _ i_ 05!10!2012 13:40 MOUNTZ JEWELERS CAMP HILL ¢AR}7177638953 P.I)02l004 ~540707~58* M..M...~. 4000,QbS@55~C19020 p rnau.~BG~~cOVrarar ~0 ~ t1MflTFiYa. CLACK, M.D. sa~w9o-ats 10029 ~ed~ ra, an wo ~ m. am. ~ RI PN. 7t7.314.22T1 ! `1 ! 2„r ) wey Yw wol0gntl~ Re orpiA.{ ~ ~ ~ 9 C~R~' 1.V1~ RE~T1~iiN~uRFEASON (A 1 ti ~ ~ ~ F`U~DZSerENT G>~ ~ rb~..rar ~"~$~8 rp ~ _ 0 0 ~ ~tN ~N o ~ . ~ ~ Q pr~~ .rM r~ ~ 1~~~ ffGG ~:C)3 i31B407~: i6 ~ODp 2~?fir 00 ~9 ti~:031~1A907~:?r6i000Z5?6a¦002R ,~'0000379~86~~' 1001100"d 5818 LILOro~ 31SI1~ Sa3'13h13~ Z1Nt1oW 6 t ~ l l Z tOZ~O USO 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. § 49!04 relating to unsworn falsification to authoi7ties, which provides that. if I knowingly make false averments, I may be subject to criminal penalties. Mourlt/z~Jewelers, L.P~,'" ~ ~.r U F. ~J~ ILES.CIiems~6019 11ountz Jewelers\601248 ClarkV6019 48.com P FILE[ ,:n l~bcl-~'louniz leu'elers'~n01~~-18 CIark16019.48.pradefault Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALI_,ER MARTSON LAW OFFICES Ten Fast High Street Carlisle, PA 170]3 (717)243-341 Attorneys for Plaintiff MOUNZ L .IEWELERS, L.P. Plaintiff v. TIMOTHY A. CLARK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLF,AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 5359 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant "himothy .A. Clark, ~in the amount of $3,795,86, service fee in the amount of $20.00, costs of suit, attorney fees in the amount of $500.00, and any other relief as this 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 October 4, 2012, 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 Dated: ,-,.._ i ~ _ z Christopher E. Rice, Esquire LD. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~(~I7cC ~-ajl ~~ i 1-:1 ! ~ I~. nt, ~a. ~ pL~inr,i Jcm<Icr,~b019 ,S C1a~48 IOduyrouce Christopher E. Rice Attorney I.D. No. 90916 NIARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER I'en fast Iligh Street Carlisle, P.~~. 17013 .717)243.-341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. : IN THE COURT OF COMMON PI,E,4S OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2012 - 5359 CIVIL TERM TIMOTHY A. CLARK, Defendant TO: TIMOTHY A. CLARK DATE OF NOTICE: October 4, 2012 1401. English Drive Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCEPERSONALLYOR.BYATTORNEYANDFILEIN WRITINGWITHTHECOURT YOUR DF,FENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGA[NST YOL1. UNLESS YOU ACT W[THINTEN(10) DAYS FROMTHE DATEOF THIS NOTICE,A JtJDGMENTMAY 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 H,AVEALAWYER,GOTOORTELEPHONETHEOFFICESETFORTHBELOVI%. -I'HISOFFICE CAN PROVIDE YOU WITH INFORMATION ABOi1T HIRING A LAWYER. II' 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 By: ~,~ ~ ~ ~ y~ ----------- Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Mountz Jewelers, 1_,-P. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 'Ten I-:ast High Street Carlisle, PA 17013 (717)243->341 Attornevs for Plaintiff MOL~NTZ .IF.,WELERS. L.P. Plaintiff v. "TIMOTHY .~. CLARK. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 2012 - X359 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUtiTY OF CUMBERLAND Christopher F,. Rice, Esquire, being duly sworn according to law, deposes and says that he has authorit~~~ to make this affidavit on behalf of his client, and to the best of~ his knowledge, information and belief, Timothy A. Clark, 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: 1401 English Drive, Mechanicsburg, Pennsylvania 17055. Said Defendant's place of employment is unknown. ~~ ' ,, > ''~-, Christopher E.. Rice, Esquire Sworn to and subscribed before me this ~I~~_ day of I (nG,Gi`t't~ .2012. ~ - ~~ s~~ ~ ~~'~ ~ ~ c.~~ N , tar~l I'ub l i c NSYIVANIA ~' CpMMONWEALTti OF PEN Notarial Seal Mary M. Price, Notary Public Carlisle Bono, Cumberland County C9IaAUs~on Expires Aug. 18, 2015 M~- .MANIA ASSOCIATION OF NOTARIES i' CERTIFICATE OF SERVICE 1, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILL[AMS 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 follo~~~s: Timothy A. Clark 1401 English Drive Mechanicsburg, PA 170.55 MARTSON LAW OFFICES . Price ~". Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ' ~ ~~~' ~/~~r1 This is a debt collecting firm attempting to collect a debt for Mountz Jewelers. Any information obtained will be used for that purpose. Christopher E.. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MAKTSON LAW OFFICES Ten Last High Street Carlisle, Pry. 17013 (717) 243-3341 Attorneys C-or Plaintiff MOUNT7_ .IEWELERS, L.P. Plaintiff v. "TIMOTHY A. CLARK, Defendant TO: TIMOTHY A. CLARK IN THE COURT OF COMMON PI_,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 5359 CIVIL TERM NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ~ ~~ day of October, 2012, the following Judgment w-as entered against you in the above-captioned action: judgment in the amount of $3.795.86, service fee in the amount of $20.00, costs of suit, attorney fees in the amount of $500.00, and anv other relief as this Court deems just and reasonable for failure to file an Answer to Plaintiffs Complaint. llate:_ _ _ + y,: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R Civ. P. 236 is: Timothy A. Clark 1401 English Drive Mechanicsburg, PA 17055