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HomeMy WebLinkAbout05-1496 F :\FILES\DA T AFILE\GenerallCllrrentl8369 ,29 ,,.;omlrnah Created: 11105/01 09:49:53 AM Revised: 03/20/05 07:09:25 PM 8369.29 Carl C. Risch, Esquire LD, Number 75901 Christopher E. Rice, Esquire LD. Number 90916 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs JOHN GROSS & COMPANY, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05- /'11(.. CIVIL ACTION DARYL K. and MELISSA J. DISSINGER dlb/a DARRYLZ HOMETOWN GRILLE, DARRYLZ INC., DARYL K. DISSINGER and MELISSA J. DISSINGER, individually, : and J,c, DUNPHY'S PUB, INC. Defendants 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 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, P A 17013 (717) 249-3166 JOHN GROSS & COMPANY, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO CIVIL ACTION DARYL K. and MELISSA J. DISSINGER d/b/a DARRYLZ HOMETOWN GRILLE, DARRYLZ INC" DARYL K. DISSINGER and MELISSA J. DISSINGER, individually, : and J.e. DUNPHY'S PUB, INC. Defendants COMPLAINT AND NOW, comes Plaintiff, John Gross & Company, Inc" by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, John Gross & Company, Inc., is a Pennsylvania corporation with a principal place of business at 400 Cheryl Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 2, Defendant Daryl K. and Melissa J. Dissinger d/b/a Darrylz Hometown Grille are located at 2303 Forest Lane, Harrisburg, Dauphin County, Pennsylvania. 3, Defendant Darrylz, Inc, is a Pennsylvania company with a place of registered address at 2303 Forest Lane, Harrisburg, Dauphin County, Pennsylvania. 4, Defendant Daryl K. and Melissa J, Dissinger are adult individuals residing at 2303 Forest Lane, Harrisburg, Dauphin County, Pennsylvania. 5. DefendantJ,C. Dunphy's Pub, Inc., d/b/a Darrylz is a Pennsylvania business with an address at 173 South Enola Drive, Enola, Pennsylvania. 6. On March 14, 2005, Plaintiff received a credit application signed by Defendant Melissa J. Dissinger, as President of Defendant lC. Dunphy's Pub, Inc. A copy of the credit application is attached hereto as Exhibit "A." 7. Pursuant to the credit application, Defendants requested that Plaintiff provide goods and services to them. 8, Throughout 2004 and 2005, Plaintiff provided goods and services to Defendants. A portion of those goods and services were for a total value of$15,911.99. 9. Defendants have failed to make payments for these goods and services to the Plaintiffs place of business in Cumberland County. 10. On or about December 31, 2004, Defendants issued a bad check in the amount of $803,81 to pay for an outstanding balance. A true and correct copy of the check is attached hereto as Exhibit "B." 11. Plaintiff incurred a service charge in the amount of$25 .00 because Defendants' check was returned stating insufficient funds. 12. As of February 4,2005, there was an outstanding balance on Defendants' account of $16,740.80, including interest at 1.5% per month on past due amounts aged over 30 days as agreed to in paragraph 2 of the Credit Application attached hereto as Exhibit "A." 13, The credit application clearly indicates that John Gross & Company, Inc. is located in Cumberland County, Pennsylvania, and all payments made by Defendants on the account were received in Cumberland County, Pennsylvania, under the agreement between the parties, 14. The credit application indicates that Plaintiff is entitled to reasonable attorney's fees and costs if the account is turned over for collection. 15. Despite repeated demand, no payment has been made by the Defendants for amounts due. COUNT 1 - BREACH OF CONTRACT 16. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 15 as if fully set forth. 17, Defendants have breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided under the credit agreement. WHEREFORE, Plaintiff, John Gross & Company, Inc" demands judgment against the Defendants in the amount of$16,740.80, plus 1.5% interest per month, attorneys fees, and costs. COUNT II - QUANTUM MERUIT 18, Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 17 as if fully set forth, 19. The Defendants are liable to the Plaintiff andlor have been unjustly enriched in the amount of $16,740.80. WHEREFORE, Plaintiff, John Gross & Company, Inc., demands judgment against the Defendants in the amount of$16,740,80, plus 1.5% interest per month, attorneys fees, and costs, COUNT III - FRAUD 20. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 19 as if fully set forth. 21. Defendants, their agents or employees drafted a check made payable to Plaintiff in the amount of$803.81. 22. Plaintiffwas induced by Defendants' check to provide both goods and services before and after the issuance of the check. 22, Defendants did not have sufficient funds to cover the amount of the check. 23. Plaintiff reasonably believed that the check would cover balance on Defendants' invoice. 24. The check was returned to Plaintiff from its bank because of insufficient funds, 25. Defendants committed fraud by issuing a check to Plaintiff to pay for an outstanding balance without having the necessary funds to cover the check and inducing Plaintiffs to provide both goods and services. 26. Defendants made, uttered, drew, or delivered the check knowing that there were insufficient funds in the account. 27. Defendants made, uttered, drew, or delivered the check with the intent to defraud. 28. Defendants are in violation of any and all statutory and common laws related to the issuance of a fraudulent check. WHEREFORE, Plaintiff, John Gross & Company, Inc., demands judgment against the Defendants in the amount of $16,740.80, plus 1.5% interest per month, attorneys fees, and costs. COUNT IV - CONVERSION 29. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 28 as if fully set forth. 30. Defendants interfered with Plaintiffs right of possession in the goods. 31. It is believed, and therefore averred that Defendants used the goods for sale as part of its restaurant business. . 32. Defendants intended to use the goods knowing that they lacked any ownership or title in the goods. 33. As a result of Defendants conversion of the goods, Plaintiff suffered the loss of such goods to the extent that such goods cannot be returned to Plaintiff. 34. The conversion and interference was so substantial that Plaintiff is entitled to the value of the goods. WHEREFORE, Plaintiff, John Gross & Company, Inc., demands judgment against the Defendants in the amount of $16,740.80, plus 1,5% interest per month, attorneys fees, and costs, MARTSON DEARDORFF WILLIAMS & OTTO Date: March 16, 2005 (I/i/. C LL<'-L- / /2. By --r-- Carl C. Risch, Esquire ID Number 75901 Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneysfor Plaintiff John Gross & Company, Inc. YF,Rllffi.u~Qt!: 'fie,,, :F.:n',; (Witl;?, Co'' 'Jp1.~nl is based upon infonmtioll wbkh has been galhcr~d by my COlUlsel in rhG r" op:t'I::l,lioH (,flh', 1:'I\",:\,i!. Th~ lallzuage of the document is that of counsel and not my own. 1. hw,\ r~',(llbc (1I)C1li'n(~.(lt rmd to the t,"1:e'l,t that it is unsed upon information which I hAv~ given to HW r,)\\tisd, it is t".l~ nnd ,on:ect \Q the best of my knowledge, infonnatiCl!1, find belief, To the extent th"t the (('Ilk,..,t t,[ tI,,, <bc;ument is \lmt of couni'd, 1 hlive relied upon ':01U1sd in making this verif'kot.i<f;\. Thi, ,(,1;':' ""'",,t "11:\ wlifi,;iltio" "": ma<le 5nbj~ct 'to the p~nalties of 18 Pa. C.S, Section 4904 l'c'h:ti.ng to lm'iWorn f,.ilsi1icritio.ll to authorities, which provides that if I make knowingly false ,a,v,<~nncX('t" I n)"y b(.\ subj,'d to criminal penalties. l~#i~. '\'l-1---::-':::~".____.__ ~oss John Gross "Cornp;my, Inc. 0> 01 ~ !';::- '-;I ~ \ "" ~ ....... ~ .z ~ - ~ ~ <:> " (;) <>0 )- () s; "- '''Ued rp('. ;? :~r< 2~' ' (i' .:<; :;-. t-'-:--~, "j:,~ '7:;~ ~~ ~."1 -<. r-' ,,'" c.-'-"' <_n ::s:: P" :;0 N @ ~ :tl-n n'p "'CJef' :;)9 '2,0 ~~~j n,n :~\ -I.;'" :;;.1. ..... -0 :;J:: ~ N 0.> SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01496 P COMMON~EALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY INC VS DISSINGER DARYL K ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who eing duly sworn according to law, says, that he made a diligent sear hand and inquiry for the within named DEFENDANT , to wit: DISSINGER DARYL K DBA DARRYLZ HOMETOWN GRILLE but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefor County, Pennsylvani , to serve the within COMPLAINT & NOTICE On April 6th , 2005 , this office was In receipt of t e / attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 48.00 .74 85.74 04/06/2005 MDW&O Sworn ,and ~subscribe~ before this ~ day of \-/ ( ,- d--6o ~ A.. ~. < ~. -L/1pr ,b ~r0 mas Kline ff of Cumberland County me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01496 P COMMON~EALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY INC VS DISSINGER DARYL K ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who eing duly sworn according to law, says, that he made a diligent sear hand , to wit: and inquiry for the within named DEFENDANT DISSINGER MELISSA J D/B/A but was unable to locate Her deputized the sheriff of DAUPHIN DARRYLZ HOMETOWN GRILLE in his bailiwick. He therefor County, pennsylvani , to serve the within COMPLAINT & NOTICE On April 6th , 2005 , this office was in receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/06/2005 MDW&O omas Kline iff of Cumberland County Sworn and subscribed to before me of :^-r-t 1 A. ~l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01496 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY INC VS DISSINGER DARYL K ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who eing duly sworn according to law, says, that he made a diligent sear hand and inquiry for the within named DEFENDANT , to wit: DARRYLZ HOMETOWN GRILLE but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefo County, Penn sylvan , , to serve the within COMPLAINT & NOTICE On April 6th , 2005 , this office was in receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/06/2005 MDW&O Sworn and subscribed this (~.t1- C/O:; day of omas Kline iff of Cumberland County me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01496 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY INC VS DISSINGER DARYL K ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who elng duly sworn according to law, says, that he made a diligent sear hand and inquiry for the within named DEFENDANT DISSINGER DARYL K but was unable to locate Him deputized the sheriff of DAUPHIN , to wit: in his bailiwick. He therefor serve the within COMPLAINT & NOTICE County, pennsylvani , to On April 6th , 2005 , this office was In receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/06/2005 MDW&O Sworn and subscribed 0 before me this ( ~ (;h day ~ ) of \tOt l ~1Y County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01496 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHN GROSS & COMPANY INC VS DISSINGER DARYL K ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who eing duly sworn according to law, says, that he made a diligent sear hand and inquiry for the within named DEFENDANT , to wit: DISSINGER MELISSA J but was unable to locate Her in his bailiwick. He therefo deputized the sheriff of DAUPHIN County, pennsylvan'a, to serve the within COMPLAINT & NOTICE On April 6th , 2005 , this office was in receipt of he attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/06/2005 MDW&O mas Kline ff of Cumberland County Sworn and subscribed to before me this ~ day of ~ , '>oS A.D, /~ . :~~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-01496 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN GROSS & COMPANY INC VS DISSINGER DARYL K ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who bing duly sworn according to law, says, that he made a diligent sear hand inquiry for the within named DEFENDANT JC DUNPHY'S PUB INC b twas unable to locate Them In his bailiwick. He therefore returns t e COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , JC DUNPHY'S PUB INC 173 SOUTH ENOLA DRIVE ENOLA, PA 17025 GIVEN ADDRESS IS VACANT AND POSTED FOR SALE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 11.10 5.00 10.00 .00 32.10 R. Thomas Kline ff of Cumberland County this ( ~-U.. ./ \~~ A. (" day of h\ Sworn and subscribed to ~o s 'n Tb~ Court of Common Pleas of Cu.mberland County, PenllS lvania John Gross & Canpany Inc VS. Daryl K Dissinger et al ERVE: Daryl K. Dissinger d/b/a Darrylz Hometown Grlill:J.e 05-1496 civil ow, March 23, 2005 , I, SHERIFF OF CUMBERLAND COUNTY ,PA,do ereby deputize the Sheriff of Dauphin . County to execute this 'I rit, this eputation being made at the request and risk of the Plaintiff. ~' a' ~~,..~'" :2-J , , Sheriff of Cumberland County, Pfl Affidavit of Service ow, ,20 _,at o'clock M. se :ved the ithin . . on . handing to copy of the original d made lmown to the contents the eof. So answers, Sheriff of eu nty, PA COSTS om and subscribed before SERVICE $ this day of , .20 1\.1ILEAGE '- AFFIDAVIT $ I N h d N w up at by a an Sw me . In T~e Court of Common Pleas of Cumberland County, Peons) lvania John. Gross & Company Inc VS. Daryl K Dissinger et al SERVE: Melissa J. Dissinger d/b/a Darrylz H~etown No. Gn.lle 05-1496 civil Now, March 23, 2005 . . , I, SHERlFF OF CUMBERLAND COUNTY, ) A, do hereby deputize the Sheriff of Dauphin . County to execute this VI rit, this deputation being made at the request and risk of the Plaintiff. ~~~"'~#J Sheriff of Cum berland County, P A Affidavit of Service . Now, ,20-, at o'clock M. ser ed the within upon . at by handing to a copy of the original and made lrnown to the contents mer of. So answers, Sheriff of Cou ty, PA Sworn and subscribed before me this _ day of .20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ $ , In The Court of 'Common Pleas of Cumberland County, Penns3lvania John Gross & Company Inc VS. Daryl K Dissinger et al Darry1z Inc SERVE : No. 05-1496 civil March 2.3 '. _2005 Now, , I, SHERIFF OF CUMBERLAND COUNTY, ~ A, do hereby deputize the Sheriff of Dauphin County to execute this \'\ rit, this deputation being made at the request and risk of the Plaintiff. ~~=-:/1it!-J Sheriff of Cumberland County, PA Affidavit of Service N ow, w ithin . up on at by handing to . ,20_, at o'clock M. serhed the a . copy of the original . and made lmown to the contents ther of. So answers, Sheriff of Co ty, PA Sworn and subscribed before me this _ day of . 20 COSTS SERVICE MILEAGE AFFIDAVIT . $ $ In The Court of Common Pleas of Cumberland County, Penns Ivania John Gross & Canpany Inc vs. DaIyl K Dissinger et al SERVE: Daryl K. Dissinger No. 05-1496 civil Now, March 23, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, A, do hereby deputize the Sheriff of Dauphin County to execute this deputation being made at the request and risk of the Plaintiff. ~~#~ Sheriff of Cum berland County, P A Affidavit of Service Now, ,20 ,at 0' clock M. se ed the within upon at by handing to a copy of the original and made mown to the contents ther of. So answers, Sheriff of Co nty, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ In The Court of Common Pleas of Cumberland County, Penns) Ivania John Gross & Canpany Inc VS. Daryl K Dissinger et al SERVE: Melissa J. Dissinger No. 05-1496 civil Now, March 23, 2005 . , I, SHERIFF OF CUMBERLAND COUNTY, D A, do hereby deputize the Sheriff of Dauphin . County to execute this v.. rit, this deputation being made at the request and risk ofthe Plaintiff. ~~#-.4 SheriffofCurnherland County, PA Affidavit of Service Now, ,20_, at o' clock M. set "ed the within upon at by handing to . a copy of the original and rnade known to the contents thel of. So answers, Sheriff of Co nty, PA Sworn and subscribed before me this _ day of COSTS SERVICE MILEAGE AFFIDAVIT $ ,20 . $ @ffice J.lf tlp~ ~4pxiff William T. Tully Solicitor J. Daniel B sile Chief Dcp Mary Jane Snyder Real Estate Deputy Michael W. nehar! Assistant Chief cputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JOHN GROSS & COMPANY INC. vs County of Dauphin DISSINGER DARYL AND MELISSA Sheriff's Return No.0527-T - -2005 OTHER COUNTY NO. 05-1496 AND NOW:March 25, 2005 at 10:14AM served the within NOTICE &, COMPLAINT upon DISSINGER DARYL AND MELISSA by personally handing D/B/A DARRYLZ HOMETOWN GRILLE & DARRYLZ to MELISSA DISSINGER CO OWNER 3 true attested copy ies} of the original NOTICE & COMPLAINT and maki g known to him/her the contents thereof at 2303 FOREST LANE HARRISBURG, PA 00000-0000 Sworn and subscribed to So Answers I JK~ before me this 29TH day of MARCH, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Ex-pires Sept. I, 2006 Sherilif ~f Da~Phi~ ~ounty, P /~i' ~. tJid By (1_ Deputy Sheriff Sheriff's Costs:$48.00 PD 03 24/2005 RCPT NO 2052 5 9uu~~ TF @ffire of tlp~ ~1rPt'iff William T. Tully Solicitor J. Daniel B sile Chief Dep y Mary Jane Snyder Real Estate Deputy Michael W. nehart Assistant Chief eputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255.2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JOHN GROSS & COMPANY INC. vs County of Dauphin DISSINGER DARYL AND MELISSA Sheriff's Return No. 0527-T - -2005 OTHER COUNTY NO. 05-1496 AND NOW:March 25, 2005 at 10: 14AM served the within NOTICE & COMPLAINT upon DISSINGER DARYL K INDIV. by personally handing to MELISSA DISSINGER WIFE OF DEFT 1 true attested copy ies) of the original NOTICE & COMPLAINT and maki g known to him/her the contents thereof at 2303 FOREST LANE HARRISBURG, PA 00000-0000 Sworn and subscribed to So Answers, :;K~ Sheriff of Dauphin County, P . ~G7&- before me this 29TH day of MARCH, 2005 ~~/ By NOT ARIItL SEAL MARY JANE SNYDER, Notary Public Highspirc, Dauphin County My Commission -Expires Sept. 1,2006 Sheriff's Costs:$48.00 PD 03 24/2005 RCPT NO 2052 5 TF/WS @ffb:e af f4~ ~4priff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin J, Daniel B sile Chicf Dcpu y Michael W, R nehart Assistant Chief eputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255.2660 fme (717) 255-2889 Jack Lotwick Sheriff JOHN GROSS & COMPANY INC. vs DISSINGER DARYL AND MELISSA Sheriff's Return NO. 0527-T - -2005 OTHER COUNTY NO. 05-1496 AND NOW:March 25, 2005 at 10:14AM served the within NOTICE & COMPLAINT upon DISSINGER MELISSA J INDIVID by personally handing to MELISSA J DISSINGER DEFT 1 true attested copy ies) of the original NOTICE & COMPLAINT and maki g known to him/her the contents thereof at 2303 FOREST LANE HARRISBURG, PA 00000-0000 Sworn and subscribed to So Answers, JK~ before me this 29TH day of MARCH, 2005 ~tdJ NOTARIN~ SEAL MARY JANE SNYDER, Notary Public Highspirc, Dauphin County My Commission Expires Sept. 1,2006 Sheriff of Dauphin County, P . By Sheriff's 03 24/2005 TF/WS Carl C. Risch, Esquire J.D. Number 75901 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 7]7-243-3341 Attorneys for Plaintiffs JOHN GROSS & COMPANY, INC" Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO. 05-1496 CIVIL TERM DARYL K. and MELISSA J. DISSINGER d/b/a DARRYLZ HOMETOWN GRILLE, DARRYLZ INC" DARYL K. DISSINGER and MELISSA J, DISSINGER, individually, and J,C. DUNPHY'S PUB, INC, Defendants PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants Daryl K. and Melissa J, Dissinger dlb/a Darrylz Hometown Grille; Darrylz, Inc.; and Daryl K. Dissinger and MelissaJ. Dissinger, individually, in the amount of$16, 740,80, plus interest, attorney's fees, and costs of suit as prayed for in the Complaint, 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 Defendants at the address indicated herein, on May 2, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO By CLJ~. F. ~ Christopher E. Rice, Esquire J.D. Number 90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: July 18, 2005 F:\FILES\DATAFILE\GtneralICwrrenIIB36929, J Odaynotice/mah Created: IJlOS/OI09:49:S3AM Revised' 0510210510:33:17 AM: 8369.29 Carl C. Risch, Esquire LD. Number 75901 Christopher E. Rice, Esquire I,D. Number 90916 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs ~v'lr" '8' \~) tj_::~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOHN GROSS & COMPANY, INe., Plaintiff v. NO, 05-1496 CNIL TERM DARYL K. and MELISSA J. DISSINGER d/b/a DARRYLZ HOMETOWN GRILLE, DARRYLZ INC., DARYL K. DISSINGER and MELISSA J. DISSINGER, individually, and J,e. DUNPHY'S PUB, INC. Defendants TO: Daryl K. and Melissa J. Dissinger d/b/a Darrylz Hometown Grille Date: May 2,2005 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 mDGMENT 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T 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 DEARDORFF WILLIAMS & OTTO By Christopher E. Rice, Esquire F:\FILES\DA TAFILEIGeneralICurrentI8369.29. IOdaynoticdmah Creat~d IlI05/0! 09:49.53 AM Revised: 05/02J0510:33:17AM 8369.29 Carl C. Risch, Esquire J.D. Number 75901 Christopher E. Rice, Esquire I.D. Number 90916 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs e(Q)~v JOHN GROSS & COMPANY, INe., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYL VANIA v. NO. 05-1496 CNIL TERM DARYL K and MELISSA J. DISSINGER dlbla DARRYLZ HOMETOWN GRILLE, DARRYLZ INe., DARYL K. DISSINGER and MELISSA J. DISSINGER, individually, and J.C. DUNPHY'S PUB, INC. Defendants TO: Darrylz, Inc. Date: May 2, 2005 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 CAl'\[ . PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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, P A 17013 TeJephone:(7l7) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By Christopher E. Rice, Esquire F:\FILESIDA T AFILEIGenera!ICurren!\8369.29.IOda}ffioticelmah Created: 1l/05101 09:49:53 AM Revised: 05!02/0510:33:17AM 8369.19 Carl e. Risch, Esquire J.D. Number 75901 Christopher E. Rice, Esquire I.D. Number 90916 MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 7I 7.243-3341 Attorneys for Plaintiffs ~@~~ JOHN GROSS & COMPANY, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-1496 CNIL TERM DARYL K. and MELISSA J. DISSINGER d/b/a DARRYLZ HOMETOWN GRILLE, DARRYLZ INe., DARYL K. DISSINGER and MELISSA J, DISSINGER, individuaIly, and re. DUNPHY'S PUB, INe. Defendants TO: Daryl K. Dissinger Date: May 2, 2005 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 MAYBE 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 MARTS ON DEARDORFF WILLIAMS & OTTO By Christopher E. Rice, Esquire F:\FJLES\DA TAFJLElGeneraJICurTentIS369.29.] Odaynoticelmah Created: lJ/05/0109:49:53AM Revised: 05/02l051O:33:17AM 8369.29 Carl e. Risch, Esquire J.D. Number 75901 Christopher E. Rice, Esquire J.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs cg; ((~ r~ f( JOHN GROSS & COMPANY, INe., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYL VANIA v. NO. 05-1496 CIVIL TERM DARYL K and MELISSA J. DISSINGER d/b/a DARRYLZ HOMETOWN GRILLE, DARRYLZ INe., DARYL K DISSINGER and MELISSA J. DISSINGER, individually, and J.e. DUNPHY'S PUB, INe. Defendants TO: Melissa J. Dissinger Date: May 2, 2005 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 LA WYERAT ONCE. IF YOU DO NOTHA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRlNG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 170/3 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By Christopher E. Rice, EsqUIre Carl C, Risch, Esquire 1.0. Number 75901 Christopher E, Rice, Esquire 1.0. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs JOHN GROSS & COMPANY, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1496 CIVIL TERM DARYL K. and MELISSA J, DISSINGER d/b/a DARRYLZ HOMETOWN GRILLE, DARRYLZ INC., DARYL K. DISSINGER and MELISSA J. DISSINGER, individually, and J.C. DUNPHY'S PUB, INC, 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, the Defendant (or business owner if Defendant is a business) is not in the military service of the United States of America, that he has knowledge that the said Defendant is located at: 2303 Forest Lane, Harrisburg, P A 17112. If Defendant is an individual, said Defendant's place of employment is unknown. CL~ >' 12- Christopher E, Rice, Esquire Sworn to and SUbj~i7d before me this ll1:L day of \ ,2005. ~ 'It O~ No Pubhc Carl C. Risch, Esquire J.D, Number 75901 Christopher E. Rice, Esquire J.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 717-243-3341 Attorneys for Plaintiffs JOHN GROSS & COMPANY, INC" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-1496 CIVIL TERM DARYL K. and MELISSA J. DISSINGER d/b/a DARRYLZ HOMETOWN GRILLE, DARRYLZ INC" DARYL K, DISSINGER and MELISSA J. DISSINGER, individually, and ],C. DUNPHY'S PUB, INC, 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 MARTS ON, DEARDORFF, WILLIAMS & OTTO, attorneys for the Plaintiff(s) 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 July 18,2005. CL~L 5' L Christopher E, Rice, Esquire Sworn to and si8lLribed before me this day Of~, 2005, ~G,~ Not ubhc COMMONWlALlH OF PFNNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Bora, Cumberland County My Commission Expires Aug. 18, 2007 Member. Pennsyiva.n;8 AssoCiation of Notanes CERTIFICATE OF SERVICE 1, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Daryl K. Dissinger 2303 Forest Lane Harrisburg, PA 17112 Melissa J, Dissinger 2303 Forest Lane Harrisburg, P A 17112 Daryl K. and Melissa J. Dissinger d/bla Darrylz Hometown Grille 2303 Forest Lane Harrisburg, P A 17112 Darrylz, Inc. 2303 Forest Lane Harrisburg, PA 17112 MARTSON DEARDORFF WILLIAMS & OTTO By (i~ M. Price 1 East High Street Carlisle, PAl 70 13 (717) 243-3341 Dated: July 18, 2005 ); ~ 0 "> c;;) 0 0 (..-;."') --;-0 <:...I, 'T1 "('\ r.._ ::;:l ~ f\=;. c . ftj:D c- I> r- -rylti s:- --c:> C::J ~u:::J '-" I " (., i ~ -c:: )L ..:.:, .J c;;- ~ =:? . ~ -.c: "1 "" .r- 11 :::*:::> .. " - C'.:':i ~ , c;