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Home My WebLink About05-3170 f:\FILES\DATAFILE\G=a!\ClltTerrt\6019,36.coml/drg Created 51l91050,36PM Revised 6120105221PM 60J936 David R. Galloway MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. OS-. 3 J '10 (A..:J I.l.-v-- STAN LAZUSKY, aJkla STAN SHELLHAMMER aIkIa STAN SHELLHAMMER LAZUSKY, Defendant JURY TRIAL OF TWELVE 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 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, 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 ELIGillLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 David R. Galloway MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 05- 31'10 G;.,d/..e...-- STAN LAZUSKY, a!kIa STAN SHELLHAMMER a!kIa STAN SHELLHAMMER LAZUSKY, Defendant mRY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Mountz Jewelers, L.P., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I. Plaintiff Mountz Jewelers, L.P., is a Pennsylvania limited partnership with a place of business at 3780 Trindle Road, Camp Hill, Pennsylvania 17011. 2. Defendant Stan Lazusky, also known as Stan Shellhammer and Stan Shellhammer Lazusky, is an adult individual with a last known address of 225 South 19th Street, Camp Hill, Pennsylvania 17011. 3. On or about February 2, 2000, and again on or about February 13, 2002, Plaintiff extended credit to Defendant for the purchase of jewelry totaling Twenty-Seven Thousand Three Hundred Forty-Eight Dollars ($27,348). A copy of each invoice is attached hereto as Exhibit "A." 4. Plaintiffs periodic interest rate on all unpaid balances is 1.5% or 18% per annum. 5. Plaintiff issued invoices and monthly statements to Defendant for all jewelry purchased on credit. 6. On or about September 8, 2004, Defendant made a $1,000 payment to Plaintiff and agreed to pay $200 per month thereafter, plus interest, to satisfy the remaining balance due to Plaintiff. A copy of that written agreement is attached hereto as Exhibit "B." 7. Defendant has not paid Plaintiff since September 8, 2004. 8. Plaintiff has demanded and Defendant has failed to pay the amount due. 9. Plaintiff has fulfilled, performed and complied with all express and/or implied obligations and conditions agreed upon for the sale of the jewelry. 10. As of April 30, 2005, the principal and interest due and payable by Defendant to Plaintiff was Eleven Thousand Five Hundred Two and 85/100 Dollars ($11,502.85), with interest accruing thereafter at 18% per annum. COUNT I BREACH OF CONTRACT II. Plaintiff hereby incorporates by reference averments contained in Paragraphs 1 through 10 of this complaint. 12. Defendant breached the expressed and/or implied obligations, conditions and terms of the contract by failing to pay the amount due to Plaintiff, WHEREFORE, Plaintiff demands judgment against Defendant Stan Lazusky, also known as Stan Shellhammer and Stan Shellhammer Lazusky, in the amount of Eleven Thousand Five Hundred Two and 85/100 Dollars ($11,502.85), plus interest at 18% per annum, costs of suit and any other relief as the Court deems just and reasonable. COUNT II IN QUANTUM MERUIT In the alternative, ifthis Honorable Court should determine that an express contract between Plaintiff Mountz Jewelers, L.P., and Defendant Stan Lazusky, also known as Stan Shellhammer and Stan Shellhammer Lazusky, does not exist, which is denied, Plaintiff pleads the following: 13. Plaintiff hereby incorporates by reference the avennents contaihed in Paragraphs 1 through 12 of this Complaint. 14. Having requested Plaintiff to provide jewelry, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said jewelry. 15. Defendant has been unjustly enriched by accepting said jewelry without paying Plaintiff reasonable compensation therefor. 16. The total amount by which Defendant has become enriched is Eleven Thousand Five Hundred Two and 85/100 Dollars ($11,502.85). WHEREFORE, Plaintiff demands judgment against Defendant Stan Lazusky, also known as Stan Shellhammer and Stan Shellhammer Lazusky in the amount of Eleven Thousand Five Hundred Two Dollars and 85/100 ($11,502.85), plus interest at 18% per annum, costs of suit and any other relief as the Court deems just and reasonable. MARTSON DEARD WILLIAMS & OTTO By David R. Gallowa Attorney 1.D, 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: June 20, 2005 Attorneys for Plaintiff In making this communication, we are advising you this firm is attempting to collect a debt for Mountz Jewelers, L.P. Any information gained from this communication will be used for that purpose. .,.. ..CYC'W PAP,. \..",0:C1""'-' I I , " @J l\O~X STAN SHELLHAMMER EXCELLENCE IN SEARCH INC 225 S 19'" STREET CAMP HILL, PA 17011 !Layaway 117m 1-8714 ITEM IDENTIFIER DP QBJO-OOO04-00 1-002 18 Paid By: .MQ\1~~1~4 DESCRIPTION 3.38CT RBS S12, I LOOSE DIAMOND Subtotal Plus Tax Transac:tiOll Total Payment Rec'd Balance 21000.00 1260.00 22260.00 0.00 22260.00 Camp Hill, PA 17011 (717) 763-1199 www.moun1zjewelers.com Date of Sale: 02/0212000 Receipt #: CAOO023894 Salesperson: DH Account #: SHE8714-301 Q1Y PRICE I 29500.00 . EXT 21000.00 X RECEIVED 6V All claims and rf;l1um9d goods MUST be accompanied by this ret;$Ipl C~adlt Issued only, NO casl1 refundS. '7~~ EXHIBIT "A" ~ ~ ROfJr.~ .MQl)~~1:4 y. "'.; -, ,-.:-;-,-. Camp Hill, PA 17011 (717) 763,1199 WVN/.mountzjewelefS.com STAN SHELLHAMMER EXCELLENCE IN SEARCH TNe 215 S 19m STREET CAMP HILL, PA l101l fLayaway 117n31-8714 ITEM IDENTIFIER DP AOBO-o3547-001-002 19 @TRADE 42 Paid By: ~ DESCRIPTION .96CIW 18KYG PLAT DIA SMT I PEAR TRADE OF ORIGINAL MTG QTY I I , Date of Sale: 0211312002 Receipt #: CAOO049763 Salesperson: DH Account#: SHE8714-201 PRICE 6250.00 -250.00 . EXT 5050.00 -250.00 SubtolaI Plus Tll1C Transaction Total Paylllent Roo'd Balance 4800,00 288.00 5088.00 0.00 5088.00 - All claims and retumed gooas MUST be aecompanled by this ~1p1. Cfecllt issued onlY, NO cash refunds. X RECEIVED BY 1~t/l " IIMQV~E\~ 3780 Trindle Road CAMP HILL. PA 17011 (717)763-1199 DATE /12I/S!< NAME A.oORESS . SOLO BV ANNIVERSARY BIRTHDAY AR'nCLE.Ilind.COMPUTER..NUM8ER AMCUfI" --.t';;06 dO . SPECIAL INSTRUCTIONS: AMOUNT OF SALE TAX TOTAL Me I N NUMB AMOUNT PAID CASH ON Acel BAlANCE RESPONSIBLE FOR PAYMENT: All claims and returned goods MUST be accompanied by this receipt. 2 315 6 Cre(j,\issued only, NO cash refunds'7~ I ~ EXHIBIT "B" VERIFICATION I, Ronald Leitzel, 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 my 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 my 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 Pac C.S. S 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties, Mountz Jewelers, L.P. --'- Dated: June _, 2005 ~~ ~. d U' c <. ~.~ " "Q ~ ~ ...... j .. ~ . . .... d .~ -, ;;~ :< o ':. ~; "> c:? = OJ, c.... c:: ;~-,,.. o ..,., -I :r:." 1"11F r'\ -orn (\ .....\ ?:;'? tj -'----j!.i~ 5 ~0 -('") ,~)ITI :; c_ ~..... ;~ 1',) :c~ <D ...., SHERIFF'S RETURN - REGULAR CASE NO: 2005-03170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS LP VS LAZUSKY STAN AKA STAN SHELLHAM SGT. JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LAZUSKY STAN AKA STAN SHELL- HAMMER AKA STAN SHELLHAMMER LA the DEFENDANT , at 1238:00 HOURS, on the 5th day of July 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to STAN LAZUSKY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 11.10 .37 10.00 .00 39.47 r~'V~~ R. Thomas Kline 07/05/2005 MDW&O me this /7.. Ie.- day of 0-Ck,J~ fl':II.~A.D,.c P othonotary , '--r"'J 06~~ Dep ty Sheriff Sworn and Subscribed to before By: .' Carl C, Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P" Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : NO, 05-3 I 70 STAN LAZUSKY, a/k1a STAN SHELLHAMMER a/k1a STAN SHELLHAMMER LAZUSKY, Defendant : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Stan Lazusky, a/k1a Stan ShelIhammer, a/k1a Stan ShelIhammer Lazusky in the amount of$ll,502,85, plus interest, costs of suit, interest from the date of payment and storage fees, I do hereby certifY that written notice of intention to file this Praecipe was mailed to the Defendants at the address indicated thereon, on August 25, 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 crroo Date: October 12,2005 Carl C. Risch, Esquire l.D, Number 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff F\FILES\DA T AfILE\Genera[\Cu<rent\60 19.36 IOdaynolice C<<:3l.-.:d, &14105 q-lt>AM Revised: 8/25105 2:39PM t>OI9_36 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P" Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3170 STAN LAZUSKY, a1k/a STAN SHELLHAMMER a1k/a STAN SHELLHAMMER LAZUSKY, Defendant JURY TRIAL OF TWELVE DEMANDED TO: STAN LAZUSKY a!k/a STAN SHELLHAMER a!k/a STAN SHELLHAMMER LAZUSKY, Defendant 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, P A 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF Date: August 25, 2005 By David R LD. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff LIAMS & OTTO CERTIFICATE OF SERVICE !, Mary M, Price, an authorized agent of MARTSON 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: Mr. Stan Lazusky P.O. Box 307 Hershey, PA 17033 MARTS ON DEARDORFF WILLIAMS & OTTO By' Ma 10 E t High Street Carlisle, P A 17013 (717) 243-3341 Dated: October 12,2005 (") c- "> 1..::::'::' c;;:;, c.,.., <::) c) o -'1 -I =t:_ n.I..~,: c-:- l!..! -, - I'v ~ - a (Jr Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : NO, 05-3170 STAN LAZUSKY, a/k1a STAN SHELLHAMMER a/k1a STAN SHELLHAMMER LAZUSKY, Defendant JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS, COUNTY OF CUMBERLAND ) Carl C. Risch, 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 above named (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: 225 South 19th Street, Camp Hill, Pennsylvania 17011 and has a mailing address of P.O. Box 307, Hershey, Pennsylvania 17033, If Defendant is an individual, said Defendant's place of employment is unknown, C@Q) Carl C, Risch Sworn to and subscribed before me this ~ day of Ochb e v , 2005, " ( MONWc.ALlll OF PLNNSYL.VANIA Notarial Seal Mory M, Prl"", NOlary Public Carlisle Bora, Cumberland County My CommIssIon Expires Aug. 18, 2007 Men:be; r;,~\,(',>}Vi";l'\a:' A'S$OClahon 01 Notaries o c. ....., ~ ~ U"} o (-) -1 o -n ..... :t;:-n nIp -vC1 .! '--' N .j';..,:"- ~ ::':.;:: '~? c'~ ~~7, ~r\ ::::\ d" ~.D -< o c..T) Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-334 I Attorneys for Plaintiff MOUNTZ JEWELERS, L.P" Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO, 05-3 I 70 STAN LAZUSKY, a/k/a STAN SHELLHAMMER a/k/a STAN SHELLHAMMER LAZUSKY, Defendant JURY TRIAL OF TWELVE DEMANDED COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Carl C. Risch, 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 a default judgment against the Defendant was given to him by mail on October 12,2005, \, Sworn to and subscribed before me this ~ day of ~, 2005, ~ i'tO~ o Public ('OMM(}~IWL\L111 01 I'INNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18,2007 Memh,;r, Peil!\"\/iVilr',lcl !\<:,Silcl;lllnn of Notaries "', C.::l ('" ~ \ ~ <:::;;..} -> ~ <:-" " ~ ~ I;:::::' <\ -, - ~ " f'..' , 1;;:-0. ~ ~ ~. ~ -- ~ -,,- -....j L..;' .. C:J ...... ()' }l Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P., Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : NO, 05-3170 STAN LAZUSKY, alkJa STAN SHELLHAMMER alkJa STAN SHELLHAMMER LAZUSKY, Defendant : JURY TRIAL OF TWELVE DEMANDED TO: STAN LAZUSKY a/k/a STAN SHELLHAMMER a/k/a STAN SHELLHAMMER LAZUSKY NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the /d... day of tOe! ' , 2005, the following Judgment was entered against you in the above-captioned action: judgment in the amount of 11,502,85, plus interest, costs of suit, interest from the date of payment and storage fees for failure to file an Answer to Plaintiff(s) Complaint. Date: tJcl. /;2. ~ /5/ t/4-L~' ?~ Prothonotary /)?L I hereby certify that the name and address of the proper person to receive this notice under Pa, R, Civ, p, 236 is: Stan Lazusky P.O. Box 307 Hershey, PA 17033