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Home My WebLink About05-1856 F:\l'ILES\DA T AFILE\GeneraJICurrentl J 068 J .8. com/mah Created: JII05101 09A9:53 AM Revised: 04/JJ/0510:40:09AM Carl C. Risch, Esquire LD. Number 75901 Christopher E. Rice, Esquire LD. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff D.L. SPITLER LUMBER d/b/a, SOFA SELECTIONS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. Of; - IP[;k, {!;u<{ <-r~ CIVIL ACTION . I ROSE M. STRAUSER, Defendant 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 10se money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MA Y 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, PA 17013 (717) 249-3166 D.L. SPITLER LUMBER d/b/a, SOFA SELECTIONS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. (J5- 11S" CNIL ACTION ROSE M. STRAUSER, Defendant COMPLAINT AND NOW, comes Plaintiff, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, D.L. Spitler Lumber Company d/b/a Sofa Selections, is a Pennsylvania corporation, with a business address of 6435 Carlisle Pike, Mechanicsburg, Cumberlqnd County, Pennsylvania 17050. 2. Defendant, Rose M. Strauser, is an adult individual residing at 29 West McClure Street, New Bloomfield, Perry County, Pennsylvania, and is employed at Trindle Bowling Center, 4695 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant purchased furniture, including, but not limited to, a sofa, chair, and sleeper from Plaintiff totaling $1,436.48. Defendant agreed to pay the same. 4. On or about October 14, 2004, Plaintiff delivered the furniture to Defendant at her residence. 5. Upon delivery of the furniture to Defendant's residence, Defendant was to pay the entire amount owed. 6. Defendant accepted the furniture, but only paid $705.28, a portion of the total amount due. 7. As of today' s date, Defendant has failed to pay the remaining balance for the furniture to the Plaintiff. 8. As of April 11, 2005, there was an outstanding balance on Defendant's account of $731.20, including interest at 21.6% per month as agreed to by Defendant according to the invoice. 9. Despite repeated demand and promises to pay by Defendant, no payment has been made by the Defendant for amount due. COUNT I - BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if fully set forth. 11. Defendant has breached an expressed or implied agreement to pay for the furniture provided by Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of$731.20, plus 21.6% interest per month from the date of delivery, costs of suit, and liquidated damages. COUNT II - QUANTUM MERUIT 12. Plaintiff hereby incorporates by reference the averments contained in paragraphs I through 11 as if fully set forth. 13. The Defendant is liable to the Plaintiff and/or have been unjustly enriched in the amount of $731.20. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of$731.20, plus 21.6% interest per month from the date of delivery, costs of suit, and liquidated damages. COUNT III - CONVERSION 14. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 13 as if fully set forth. 15. Defendant interfered with Plaintiff s right of possession in the furniture. 16. Defendant intended to use the furniture knowing that she lacked any ownership or title in the furniture. 17. As a result of Defendant's conversion of the furniture, Plaintiff suffered the loss of such goods to the extent that such goods cannot be returned to Plaintiff and resold at the same price. 18. The conversion and interference was so substantial that Plaintiff is entitled to the value of the goods. WHEREFORE, Plaintiffdemands judgment against the Defendant in the amount of$731.20, plus 21.6% interest per month from the date of delivery, costs of suit, and liquidated damages. MARTS ON DEARDORFF WILLIAMS & OTTO /J /'1 ( GL~ >12- By Carl C. Risch, Esquire ID Number 75901 Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: Aprilll,2005 VERIFICATION Christopher E. Rice, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Plaitniff in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. lL ~ c; ~ T( ~ ~ G"'" ~ p4 "t-. 0 Irt -:t:\) ~~ r~ r c Sf. "'1""< \~-){."\ ~~/-' _.E.", ~ ('~.... \- ,...- ~;~.(': :;i~~:.~ ::2 ~ q, ~ -:iyC\ 'l'Q \"(\ -;;0 :'1.q ~ ::: e\ L? if. -'" ~~ :Q ~, c';. l'1 .J'" '/~,;;-r\ -:;;. c~ ._ "7 t.f\ -:1.. U\ - ---- SHERIFF'S RETURN - REGULAR CASE NO: 2005-01856 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DL SPITLER LUMBER D/B/A SOFA S VS STRAUSER ROSE M RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according 0 law, says, the within COMPLAINT & NOTICE was served upon STRAUSER ROSE M th DEFENDANT , at 1830:00 HOURS, on the 12th day of April 2005 at TRINDLE BOWLING CENTER 4695 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 by handing to ROSE STRAUSER a true and attested copy of COMPLAINT & NOTICE together ith and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.88 .00 10.00 .00 36.88 .~.. I R. Thomas ~.....,./_-<,,,, #.,~ ~,,,,. ...-:,,..-" .>,~ Kline 04/13/2005 MDW&O Sworn and Subscribed to before By: /'1 .11 ,-l-/?; . .------~- ,.. me this ..~o ,;),00-.5- ~"L:. lfl'.,lQ~~ Proth notary ~.~ day of ~ A.D. Deputy Sheriff I Carl C. Risch, Esquire I.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 Plaintiff D.L. SPITLER LUMBER d/b/a, SOFA SELECTIONS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 05-1856 CIVIL TERM : CIVIL ACTION ROSE M. STRAUSER, Defendant TO: ROSE M. STRAUSER, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the di.&! day of (~IL~ , 2005, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $731.20, plus interest, attorney's fees, and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff(s) Complaint. Date: Q)~L.~ dl, :2uo{ I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Rose M. Strauser 29 West McClure Street New Bloomfield PA 17068 " . Carl C. Risch, Esquire l.D. Number 75901 Christopher E. Rice, Esquire 1.0. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attomeys for Plaintiff D.L. SPITLER LUMBER d/b/a, SOFA SELECTIONS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-1856 C1VIL TERM CIVIL ACTION ROSE M. STRAUSER, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of$73 1.20, 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 Defendant at the address indicated thereon, on August 17,2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTS ON, DEARDORFF, WILLIAMS & OTTO By ~4L ~ ~. Christopher E. Rice, Esquire LD. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: October 21, 2005 J '" . F\fILES\DA 1 AFlLE\General\Currenl\ J 0681. 9. I OdaYllOtice Created: 8/]7/05 8:05AM Revised: 8117105 8:06AM ~gU./1J Carl C. Risch, Esquire LD. Number 75901 Christopher E. Rice, Esquire I.D, Number 90916 MARTSON DEARDORFF W1LLlAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff D.L. SPITLER LUMBER d/b/a, SOFA SELECTIONS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05-1856 CIVIL TERM : CIVIL ACTION ROSE M. STRAUSER, Defendant IMPORTANT NOTICE TO: ROSE M. STRAUSER DATE OF NOTICE: August 17, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN 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 MAYBE ENTERED AGAINST YOU WIIHOUT 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 LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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, P A j 7013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO C,i... .. :.r"f&.( t l- "= ,1..... By Christopher E. Rice, Esquire Attorneys for Plaintiff - , . CERTIFICATE OF SERVICE I, 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: Rose M. Strauser 29 West McClure Street New Bloomfield, PA 17068 MARTSON DEARDORFF WILLIAMS & OTTO By ~)il . U,:t:v. M. Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 21,2005 .'~' ;s:- ..J. <, ,,'O, t ("') J ~ 'f 1',"" V\ r "" ..... -- c \)l "'" .. \ '" ,~-) " c. C' (' c'; ~ - C , 'v - (:, '^' -_._.__.,._~