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HomeMy WebLinkAbout05-5334F\FILES\DATAFILE\Gencral\Current\6019.)5 com l/mar Created'. 5/19/05 036PM R,,,,ed. 10112/05 931AM 6014]5 Carl C. Risch 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. CARL BRONITSKY , Defendant CIVIL ACTION -LAW NO.05 -S33y CIVIL TERM 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 ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F \F I LES\DATAFILE\Gen,,ahCunentlW 19 35 com I C,eamd. 10112105 935AM Revised 10/12/05 935AM Carl C. Risch 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. CARL BRONITSKY , Defendant CIVIL ACTION - LAW NO. 05 - 55 3Y CIVIL TERM COMPLAINT AND NOW, comes Plaintiff Mountz Jewelers, L.P., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 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 Carl Bronitsky is an adult individual with a last known address of 2424 S. Pinyon Village Drive, Apache Junction, Arizona 85218-1922. 3. On or about September 7, 2001, on or about February 14, 2002, and again on or about September 17, 2002, Plaintiff extended credit to Defendant for the purchase of jewelry totaling Thirteen Thousand Twenty-Four and 75/100 Dollars ($13,024.75). A copy of each invoice is attached hereto as Exhibit "A." 4. Plaintiff's 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. Defendant has not paid Plaintiff since May 16, 2003. 7. Plaintiff has demanded and Defendant has failed to pay the amount due. 8. Plaintiff has fulfilled, performed and complied with all express and/or implied obligations and conditions agreed upon for the sale of the jewelry. 9. As of March 31, 2005, the principal and interest due and payable by Defendant to Plaintiff was Thirteen Thousand Four Hundred Fifty-Nine and 33/100 Dollars ($13,459.33), with interest accruing thereafter at 18% per annum. COUNTI BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference averments contained in Paragraphs 1 through 9 of this complaint. 11. 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 Carl Bronitsky in the amount of Thirteen Thousand Four Hundred Fifty-Nine and 33/100 Dollars ($13,459.33), 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, if this Honorable Court should determine that an express contract between Plaintiff Mountz Jewelers, L.P., and Defendant Carl Bronitsky does not exist, which is denied, Plaintiff pleads the following: 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 of this Complaint. 13. Having requested Plaintiff to provide jewelry, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said jewelry. 14. Defendant has been unjustly enriched by accepting said jewelry without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Defendant has become enriched is Thirteen Thousand Four Hundred Fifty-Nine and 33/100 Dollars ($13,459.33). WHEREFORE, Plaintiff demands judgment against Defendant Carl Bronitsky in the amount of Thirteen Thousand Four Hundred Fifty-Nine and 331100 Dollars ($13,459.33), plus interest at 18% per annum, costs of suit and any other relief as the Court deems just and reasonable. MARTSON DEA ORFF WILLIAMS & OTTO By: Carl C. Risch Attorney I.D. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 12, 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. VERIFICATION I, Ronald Leitzel, acknowledge that I have the authority to execute this Verification on behalf ofMountz 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 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Mountz ewelers, L.P. Ronald Leitzel Dated: October 12005 "64 `tiT°' Ul ?-, sll- I-IN F TILESVDATAFILEAGenem1ACmremV6019 35 com I/mar Created'. 5/19/05 0.36PM Revised'. 12/13/05 8'.51AM 6019 35 Carl C. Risch 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 CIVIL ACTION - LAW V. CARL BRONITSKY , Defendant To the Prothonotary: NO. 05 - 5334 CIVIL TERM PRAECIPE Please reinstate the Complaint in the above action. MARTSO DEA 1ORFF WILLIAMS & OTTO By: Carl C. Risch Attorney I.D. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 13, 2005 Attorneys for Plaintiff ;.. z: ", <;?? Carl C. Risch 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. 05 - 5334 CIVIL TERM CARL BRONITSKY , Defendant AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Carl Bronitsky, 2601 East Roosevelt Street, Phoenix, Arizona 85008-4956, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated December 16, 2005. MARTSON DEARDORFF WILLIAMS & OTTO BY W _ Carl C. Risch, Esquire Attorney ID No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this -e [ Sf- day of December, 2005. A Not ublic CMONWEALIIf OP PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle 80rc, Cumberland County My Commission Expires Aug. 18, 2007 Mem"r Penrsvron^_4swiation of Notaries r ¦ Complete items 1, 2, and 3. Also complete 't'[ . item 4 if Restricted Delivery is desired. \». 0 Agent ¦ Print your name and address on the reverse , 0 Addressee so that we can return the card to you. a ameJ C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. ArWO different from item 11 ? Yes 1. Article Addressed to: delivery address below: 0 No CaL ?l Ol 3. Service Type oV ?J(''?v '6JcCer[ified Mail ? Express Mail g certified 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Ree tiftill wYNeryt WA** Fee} 2. Article Number 7005 1160 0002 1108 5201 (Transfer from service tabe9 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 7 a ? , rr U I M .. A dEl Go 19 M PkNIR AZ modo a Postage $ o cenified Fee $2.30 4013 12 l k P O mar av O Return Receipt Fee $1.75 Here (Endorsement Required) t7 Restri ned Delivery Fee $3.50 (Endorsement Required) & F $ 12f33?*5 ees Total Postage - . ?7 S tT ? en O ------------- _ ------ __ Sweet, Apt Np.: arPoBOx - I Q'YNiVIrGS? .. ...... ............. _ Clry. State, ZIP+4 (`) nJ =j cr? 'n no m p:\FILES\DATAFILE\General\Currmtl6019 35. pra. default Created: 1/24106 9:40AM Rerked: 1/24/06 954" Carl C. Risch 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. CARL BRONITSKY, Defendant TO THE PROTHONOTARY: CIVIL ACTION -LAW NO. 05 - 5334 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Carl Bronitsky, in the amount of $13,459.33, plus interest and costs of suit. I do hereby certify that written notice of intention to file this Praecipe was mailed to the Defendant at his address of 2601 East Roosevelt Street, Phoenix, AZ 85008-4956, on January 12, 2006, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO By ?CY Carl C. Risch, Esquire I.D. Number 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 24, 2006 Attorneys for Plaintiff Carl C. Risch MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomevs for Plaintiff MOUNTZ JEWELERS, L.P., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 05 - 5334 CIVIL TERM CARL BRONITSKY , Defendant IMPORTANT NOTICE TO: CARL BRONITSKY, DEFENDANT DATE OF NOTICE: January 12, 2006 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 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 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 MARTSONC?W ILAMS & OTTO By - Carl C. Risch, Esquire CERTIFICATE OF SERVICE I, 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, PA, first class mail, postage prepaid, addressed as follows: Carl Bronitsky 2601 East Roosevelt Street Phoenix, AZ 85008-4956 MARTSON DEARDORFF WILLIAMS & OTTO By A , M Price 10 Ea High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 24, 2006 Carl C. Risch MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attornevs for Plaintiff MOUNTZ JEWELERS, L.P., Plaintiff V. CARL BRONITSKY , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO, 05 - 5334 CIVIL TERM 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 ifDefendant is a business) is not in the military service ofthe United States ofAmerica, that he has knowledge that the said Defendant is located at: 2601 East Roosevelt Street, Phoenix, AZ 85008-4956. If Defendant is an individual, said Defendant's place of employment is unknown. Carl C. Risch Sworn to and subscribed before me this.!z_ day of 2006. r Not ublic COMMONWEALI}I OI I'L:NNSYLVANIA Notarial Seal Mary M. Price, Notary Public Cadisle Boro, Cumberland Coun? My commission Exptres Aug. 18, 2 07 Member pmrmvivame A"=Otmn o! Notarial Carl C. Risch 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. CARL BRONITSKY , Defendant CIVIL ACTION -LAW NO. 05 - 5334 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS Carl C. Risch, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON, DEARDORFF, WILLIAMS & OTTO, attorneys for the Plaintiff(s) in the above captioned matter and that pursuant to the provisions ofthe Pennsylvania Rules of Civil Procedure, a notice of intention to enter a default judgment against the Defendant was given to him by mail on January 12, 2006. c 4 r?Y Carl C. Risch, Esquire Sworn to and subscribed before me this day of 2006. COMMONWEALTH OF PENNSYLVANIA Not Public Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2007 Member. Pennsylvania Assoc,ation of Notarise Carl C. Risch MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 05 - 5334 CIVIL TERM CARL BRONITSKY , Defendant TO: CARL BRONITSKY, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the _ day of ),g j&j ,t f 1 2006, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $13,459.33, plus interest and costs of suit for failure to file an Answer to Plaintiff(s) Complaint. Date: O Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Carl Bronitsky 2601 East Roosevelt Street Phoenix, AZ 85008-4956 r--?. r? 7?1 S? ? ?. r ? ??? ?• 1 ?. __, ?? ?. „ ? ? __? . - r: 4_ F:\FILES\Clients\6019 Mountz Jewelers\6019.35.pra.2/mar Created: 5/19105 0:36PM Revised: 1/13/09 2:48PM 6019.35 Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LLAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P., Plaintiff V. CARL BRONITSKY , Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 5334 CIVIL TERM PRAECIPE Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire Attorney I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ?, ?'? 9 Attorneys for Plaintiff C-1 C r ? n 17 _.