HomeMy WebLinkAbout14-2929 Supreme Court-of Pennsylvania
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G
GHULAM M. NAZ, IN THE COURT OF COMMONS PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. a9 019 G 1/i L
CHAUDHRY UMAR FARUQ MAAN, CIVIL ACTION—LAW
Defendant.
JURY TRIAL DEMANDED
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 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 LAWYER REFERRAL SERVICE
32 S. BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
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GHULAM M. NAZ, IN THE COURT OF COMMONS PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
CHAUDHRY UMAR FARUQ MAAN, CIVIL ACTION—LAW
Defendant.
JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mis adelante en las siguientes piginas, debe tomar accion dentro de los
promos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de,y objecciones a,las demandas presentadas aqui en contra suya. Se le advierte
de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin
usted y un fallo por cualquier surra de dinero reclamada en la demanda o cualquier otra reclamacion
o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mis aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO,LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 S. BEDFORD STREET
CARLISLE, PA 17013
(800) 990-9108
Caldwell&Kearns,P.C. Peter M. Good,Esq.
3631 North Front Street I.D.No. 64316
Harrisburg,PA 17110 Jessica E.Mercy,Esq.
(717) 232-7661 (phone) I.D.No.206405
(717)232-2766 (fax)
pgood@cklegal.net
jmercy@cklegal.net
Attorneys for Plaintiff
GHULAM M. NAZ, IN THE COURT OF COMMONS PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
CHAUDHRY UMAR FARUQ MAAN, CIVIL ACTION—LAW
Defendant.
JURY TRIAL DEMANDED
COMPLAINT
AND NOW COMES, Plaintiff Ghulam M. Naz, by and through his attorneys, Caldwell &
Kearns, P.C., to file the within Complaint against Defendant Chaudhry Umar Faruq Maan by
averring as follows:
Parties:
1. Plaintiff Ghulam M. Naz (hereinafter "Plaintiff) is an adult individual who resides at
622 Cedar Ridge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant Chaudhry Umar Faruq Maan (hereinafter "Defendant") is an adult
individual who resides at 1002 Louise Lane, Mechanicsburg, Cumberland County, Pennsylvania
17050.
Jurisdiction and Venue:
3. This Court has jurisdiction over the parties and the subject matter of the instant
dispute.
4. Venue is appropriate in Cumberland County, Pennsylvania under Pennsylvania Rule
of Civil Procedure 1006, as the contract that is the subject matter of this Complaint was made and
1
entered into in Cumberland County.
Facts:
5. In or about 2009, Plaintiff entered into an oral contract (hereinafter "Contract #1")
with Defendant, whereby Plaintiff agreed to provide Defendant with various credit cards for
Defendant's personal use and Defendant agreed to make all monthly payments and pay. all
outstanding balances of both principal and interest on such credit cards.
6. In furtherance of Contract #1, Plaintiff obtained three (3) credit cards in Plaintiff's
name and provided them to Defendant for Defendant's own personal use: (1) a DIRECT
MERCHANTS BANK MasterCard, account number ending 3111; (2) a Capital One Platinum
MasterCard, account number ending 1360; and (3) a Juniper/Barclaycard Visa, account number
ending 9665.
7. From 2009 through the present, Defendant exclusively utilized the credit cards for
his own personal use.
8. The current outstanding balance of principal and interest on all three (3) of the credit
cards utilized exclusively by Defendant for his own personal use is approximately $14,000.00.
9. Despite repeated demands, Defendant has failed and refused and continues to fail
and refuse to make monthly payments or pay the outstanding balances of principal and interest on
the three (3) credit cards.
10. As a result of Defendant's failure to make monthly payments or pay the outstanding
balances of principal and interest, Plaintiff has made monthly payments on all three (3) of the credit
cards in the approximate amount of$4,800.00.
11. Interest continues to accrue on the outstanding balances of each of the three (3)
credit cards and Defendant continues to make monthly payments on all three (3) of the credit cards.
12. In or about 2009, Plaintiff entered into a second oral contract (hereinafter "Contract
2
#2") with Defendant, whereby Plaintiff agreed to provide Defendant with an interest free loan in
the amount$28,000.00 and Defendant agreed to repay such loan no later than December 31, 2013.
13. In furtherance of Contract#2,Plaintiff loaned $28,000.00 to Defendant.
14. Despite repeated demands, Defendant has failed and refused and continues to fail
and refuse to repay the $28,000.00 loan to Plaintiff.
15. As of the date hereof, Defendant owes Plaintiff approximately $46,800.00, which
amount represents: (1) the approximate outstanding balance of $14,000.00 on the three (3) credit
cards utilized exclusively by Defendant for his own personal use; (2) the monthly payments made by
Plaintiff on the three (3) credit cards in the approximate amount of$4,800.00;and (3) the $28,000.00
loaned by Plaintiff to Defendant.
COUNT
Breach of Contract
Ghulam M. NaZ v. Chaudhry Umar Faruq Maan
16. Plaintiff hereby incorporates by reference paragraphs 1 through 15 of this Complaint
as if set forth fully herein.
17. Plaintiff and Defendant entered into Contract #1, whereby Plaintiff agreed to
provide Defendant with various credit cards for Defendant's personal use and Defendant agreed to
make all monthly payments and pay all outstanding balances of both principal and interest on such
credit cards.
18. Plaintiff provided Defendant with three (3) credit cards and Defendant exclusively
utilized the credit cards for his own personal use.
19. Defendant breached Contract #1 by failing to either make monthly payments or pay
the outstanding balances of principal and interest on the three (3) credit cards.
20. As of the date hereof, Plaintiff has suffered damages in the approximate amount of
$18,800.00, plus incidental and consequential damages as a direct and proximate result of
3
Defendant's breach of Contract#1.
21. Defendant will continue to incur additional damages as a direct and proximate result
of Defendant's breach of Contract #1 because interest continues to accrue on the outstanding
balances of each of the three (3) credit cards and Defendant will be required to continue to make
monthly payments on all three (3) of the credit cards.
WHEREFORE, Plaintiff Ghulam M. Naz respectfully requests that this Honorable Court
enter judgment in his favor and against Defendant Chaudhry Umar Faruq Maan in an amount in
excess of$50,000.00, together with interest, the costs of this action, attorneys' fees and such other
relief that this Court may deem reasonable and just.
COUNT II
Breach of Contract
Ghulam M. Na.Z v. Chaudhry Umar Faruq Maan
22. Plaintiff hereby incorporates by reference paragraphs 1 through 21 of this Complaint
as if set forth fully herein.
23. Plaintiff and Defendant entered into Contract #2, whereby Plaintiff agreed to
provide Defendant with an interest free loan in the amount $28,000.00 and Defendant agreed to
repay such loan no later than December 31, 2013.
24. Plaintiff loaned Defendant $28,000.00 and Defendant accepted such loan from
Plaintiff.
25. Defendant breached Contract #2 by failing to repay the $28,000.00 loan to Plaintiff
on or before December 31, 2013.
26. As a direct and proximate result of Defendant's breach of Contract #2, Plaintiff has
suffered damages in the amount of$28,000.00 plus incidental and consequential damages.
WHEREFORE, Plaintiff Ghulam M. Naz respectfully requests that this Honorable Court
enter judgment in his favor and against Defendant Chaudhry Umar Faruq Maan in an amount in
4
excess of$50,000.00, together with interest, the costs of this action, attorneys' fees and such other
relief that this Court may deem reasonable and just.
COUNT III
Unjust Enrichment
Ghulam M. Na.Z P. Chaudhry Umar Famq Maan
27. Plaintiff hereby incorporates by reference paragraphs 1 through 26 of this Complaint
as if set forth fully herein.
28. Defendant received a benefit from Plaintiff in that: (1) Plaintiff provided him with
three (3) credit cards that he utilized exclusively for his own personal and that have a current
outstanding balance in the approximate amount of$14,000.00; (2) Plaintiff made monthly payments
on all three (3) of the credit cards in the approximate amount of$4,800.00; and (3) Plaintiff loaned
him$28,000.00.
29. Defendant is estopped from denying the presence of an implied contract as he
received and accepted the benefit provided to him by Plaintiff.
30. Defendant promised to make all monthly payments and pay all outstanding balances
of both principal and interest on the three (3) credit cards and to repay the $28,000.00 loan, but now
that the benefit has been conferred upon him, Defendant refuses to do so despite repeated demands
from Plaintiff.
31. Defendant appreciated the benefit provided to him by Plaintiff and has been unjustly
enriched in the approximate amount of$46,800.00.
32. Defendant will continue to appreciate a benefit provided to him by Plaintiff and will
continue to be unjustly enriched because interest continues to accrue on the outstanding balances of
each of the three (3) credit cards and Defendant will be required to continue to make monthly
payments on all three (3) of the credit cards.
WHEREFORE, Plaintiff Ghulam M. Naz respectfully requests that this Honorable Court
5
enter judgment in his favor and against Defendant Chaudhry Umar Faruq Maan in an amount in
excess of$50,000.00, together with interest, the costs of this action, attorneys' fees and such other
relief that this Court may deem reasonable and just.
COUNT IV
Fraud
Ghulam M. Na.Z P. Chaudhry Umar Faruq Maan
33. Plaintiff hereby incorporates by reference paragraphs 1 through 32 of this Complaint
as if set forth fully herein.
34. In or about 2009, Defendant made representations to Plaintiff that he would make
all monthly payments and pay all outstanding balances of both principal and interest on the three (3)
credit cards and to repay the $28,000.00 loan.
35. Such representations were material to Plaintiff providing Defendant with the three
(3) credit cards for his own personal use and to Plaintiff loaning the $28,000.00 to Defendant.
36. Defendant's representations were false when made because Defendant never had any
intention of making all monthly payments and paying all outstanding balances of both principal and
interest on the three (3) credit cards or repaying the$28,000.00 loan.
37. Defendant's fraudulent mirepresentations were made with the intent of misleading
Plaintiff into relying on them so that Plaintiff would provide him with the three (3) credit cards for
his own personal use and loan him the $28,000.00.
38. Plaintiff justifiably relied on Defendant's fraudulent misrepresentations.
39. As a direct and proximate result of Plaintiff's reliance of Defendant's fraudulent
misrepresentations,Plaintiff has suffered damages in the approximate amount of$46,800.00.
40. Plaintiff will continue to suffer additional damages as a direct and proximate result of
his reliance of Defendant's representations because interest continues to accrue on the outstanding
balances of each of the three (3) credit cards and Defendant will be required to continue to make
6
monthly payments on all three (3) of the credit cards.
WHEREFORE, Plaintiff Ghulam M. Naz respectfully requests that this Honorable Court
enter judgment in his favor and against Defendant Chaudhry Umar Faruq Maan in an amount in
excess of$50,000.00, together with interest, the costs of this action, attorneys' fees and such other
relief that this Court may deem reasonable and just.
Respectfully Submitted,
CALDWELL& KE NS, P.C.
Dated: May ,2014 By:
Peter M. Good, Esquire—I.D. No. 64316
Jessica E. Mercy, Esquire—I.D. No. 206405
3631 North Front Street
Harrisburg,PA 17110
(717) 232-7661
(717) 232-2766
pgood@cklegal.net
jmercy@cklegal.net
Attorneys for Plaintiff
7
VERIFICATION
I, Ghulam M. Naz, verify that the statements contained in the foregoing Complaint are true
and correct to the best of my knowledge, information and belief. I understand that false statements
therein are made subject to the,penalties of 18 Pa. C.S. section 4904,relating to unsworn falsification
to authorities.
Date:
Ghulam M. Naz
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
tixs ori Cgrmibe t
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor .k ?'tJ98ERLAND CU
PENNSYLVANIA
Ghulam M Naz
vs. Case Number
Chaudhry Umar Faruq Maan 2014-2929
SHERIFF'S RETURN OF SERVICE
06/04/2014 08:31 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Chaudhry Umar Faruq Maan, but was unable to locate
the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as
"Not Found"at 1002 Louisa Lane, Hamden Twp, Mehcanicsburg, PA 17050. Deputies were advised by a
neighbor that no one has been at the residence since approximately one week prior to June 4, 2014 and
ten attempts at service were made between May 20, 2014 and June 4, 2014. To this date the
Mechanicsburg Postmaster has not been able to provide a good forwarding address.
SHERIFF COST: $78.69 SO ANSWERS,
June 17, 2014 RONNY R ANDERSON, SHERIFF
Caldwell & Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661 (phone)
(717) 232-2766 (fax)
pgood@cklegal.net
jmercy@cklegal.net
Attorneys for Plaintiff
Peter M. Good, Esq.
I.D. No. 64316
Jessica E. Mercy, Esq.
I.D. No. 206405
GHULAM M. NAZ,
IN THE COURT OF COMMONS PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 14-2929 Civil
CHAUDHRY UMAR FARUQ MAAN, CIVIL ACTION — LAW
Defendant.
. JURY TRIAL DEMANDED
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
In accordance with Pa. R. Civ. P. 401(b), please reinstate the attached Complaint originally
filed on May 14, 2014 in the above -referenced matter upon Defendant Chaudhry Umar Faruq Maan
as service was not accomplished within 30 days of the filing date.
Dated: December 3 , 2014
14228-001/FL*19723
By:
Respectfully Submitted,
CALDWELL KEARNS, P.C.
Peter M. Good, Esquire — I.D. No. 64316
Jessica E. Mercy, Esquire — I.D. No. 206405
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorneys for Plaint
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Jtt C;t1!i ,.
15 J:111 15 PIi 0.
. UIi sFi\L-=ND caRiTY
PENNSYLVANIA.
Ghulam M Naz
vs.
Chaudhry Umar Faruq Maan
Case Number
2014-2929
SHERIFF'S RETURN OF SERVICE
12/22/2014 07:10 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Chaudhry Umar Faruq Maan, but was unable to locate
the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as
"Not Found" at 1002 Louisa Lane, Hampden Township, Mechanicsburg, PA 17050. Deputies were
advised by a neighbor that the defendant informed her that he lives between the address provided and
England. Deputies were unable to make contact with the defendant and per the Mechanicburg
Postmaster mail is still delivered to the address provided.
SHERIFF COST: $51.09 SO ANSWERS,
December 31, 2014
fr.) CountySuite Sheriff, Teleosoft, Inc.
R N R ANDERSON, SHERIFF