Loading...
HomeMy WebLinkAbout06-5698 o ,. F:\FILESIDA T AFILEIGenerallCurrentl60 19, 39 ,com/mar Created: 5119/05 0:36PM Revised: 9114/06 11 :04AM 6019,35 Christopher E. Rice Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MOUNTZ JEWELERS, L.P. Plaintiff v. : NO. 06 - ~q8" CIVIL TERM DAVID THOMAS, 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 Plaintiffs. You may lose 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, 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 MA Y BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MA Y 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:\FILESIDA T AFILEIGenerallCurrentl60 19 ,39,cOlO Created: 10/12/05 841AM Revised: 9/27/06 3:38PM Christopher E. Rice Attorney J.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 - ~Ioq 8' CIVIL TERM DAVID THOMAS, Defendant COMPLAINT AND NOW, comes Plaintiff Mountz Jewelers, L.P., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. 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 David Thomas is an adult individual residing at 1540 Waterford Drive, Camp Hill, Pennsylvania 17101, and a business address of 6108 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 3. On or about March 26,2005, Plaintiff extended credit to Defendant for the purchase of certain items including, but not limited to,jewehy and a watch, totaling Five Thousand Two Hundred Sixty- three Dollars and 431100 ($5,263.43). A copy of the invoice is attached hereto as Exhibit "A." 4. Plaintiffs periodic interest rate on the unpaid balance is 1.5% or 18% per annum. 5. Plaintiff issued invoices and monthly statements to Defendant for all jewehy purchased on credit. 6. Defendant made a payment in the amount of$5,000.00, which payment was returned and marked "payment stopped." 7. Plaintiff has demanded and Defendant has failed to pay the amount due. 8. Plaintiffhas fulfilled, performed and complied with all express and/or implied obligations and conditions agreed upon for the sale of the jewelry. 9. As of August 2, 2006, the principal and interest due and payable by Defendant to Plaintiff was Five Thousand Nine Hundred Twenty-nine Dollars and 22/100 ($5,929.22), with interest accruing thereafter at 18% per annum. COUNT I BREACH OF CONTRACT 10. Plaintiffhereby incorporates by reference averments contained in Paragraphs 1 through 9 of this complaint. II. 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 in the amount of Five Thousand Nine Hundred Twenty-nine Dollars and 22/1 00 Dollars ($5,929.22), plus interest at 18% per annum, costs of suit and any other relief as the Court deems just and reasonable. COUNT II QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between Plaintiff and Defendant does not exist, which is denied, Plaintiff pleads the following: 12. Plaintiffhereby 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 Five Thousand Nine Hundred Twenty-nine and 221100 Dollars ($5,929.22). WHEREFORE, Plaintiff demands judgment against Defendant David Thomas in the amount of Five Thousand Nine Hundred Twenty-nine and 22/1 00 Dollars ($5,929.22), plus interest at 18% per annum, costs of suit and any other relief as the Court deems just and reasonable. MARTS ON DEARDORFF WILLIAMS & OTTO By:U~$~ Christopher E. Rice Attorney LD. 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: 1- Z 7 - b fr; Attorneys for Plaintiff .@. RO~X ~A"G'lIl.,<f- .MQV~E\~ 3780 Trindle Road Camp Hill, PA 17011 (717) 763-1199 www.mountzjewelers.com r DAVID THOMAS 1540 WATERFORD Date of Sale: 03/26/2005 Receipt H: CA00093215 Salespe"rson: TE Account #: TH06689-201 ~ CAMP HILL, PA 17011- / Ch a"rge 71'7/215-6689 ============~=================================================================== ITEI'! IDENTIFIER ON DP DESCI:;:IPTHJH cny PRICE EXTEHSI ===~===========~================================================================ MDH0-00014-002-002 20 LDS WATCH WHITE MOP DIAL WITH 1 YCC0-00016-005-002 23 16" SS/18KYG DBLE WHEAT CHAIN 1 YAL0-00001-001-002 10 SQ/.56CTW SS/18KY ENHANCER J0X 1 2,.50.00 :'90.00 ~:;00.00 1935.00* 655.50* 2375.00* x . / RECEIVE , i/;'/I/_ Irk;'.r , WII$/, ,,7 lIs,,, ~ 09 i'll-S. '.,;, ,&'&/1#/ ' II/;;. 09,..,\? ~/& :. ----------.:!I .. \ 4 9 Co r.o ill' q&:17' ,-::;;: c;;;l. c~61 6' ~97 '} II ", ~f').J,I:.'ln ~ C;; ,. r I, '~" "J19!f21:1./' ;;;1263.4.. "'7'V/.i." il+,,' ... _~_" ~nd returned goods MUST be acco panTed!2Y Ihis receipt: Credit issued only, NO ca~~ retu@s. Balance ~2b3.43 Subtotal Plus Tax T~ansaction Total 7W11e t ! ~ EXHIBIT "A" VERIFICATION I, Ronald Leitzel, acknowledge that I have the authority to execute this Verification on behalf of MOlmtz 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 ofthis 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 unsworn falsification to authorities, which provides that if! knowingly make false averments, I may be subject to criminal penalties. Dated: . 0 r--.) 0 (~ c- (.::::::l ',1 ~~J' o~ ~ '. ' ::;:! ~ ~ r;~; SY ~ -D ~ r-" ~ C) ~ - \1'\ , '- ~J .....J ~..-. ~ 0, C -':~"" " )' ~ -.t ~ r'-) ~;! 4 ~ : '~1 ., --....,.; ~ CO .< ~~ ":J-i= C""" '\- o t) - . Christopher E. Rice Attorney J.D. No. 90916 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 v. : NO. 06 - 5698 CIVIL TERM DA VID THOMAS, Defendant TO: DAVID THOMAS, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the {:} I S day of No oJ (.. ~tr, 2006, the following Judgment was entered against you in the above-captioned action: judgment in the amount of$5,929.22, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiffs Complaint. Date: ~ J..( ~~ , /5/ a~ ,e 02~ Pr'othonotary V 1 I hereby certifY that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. David Thomas 110 Walnut Street Lemoyne, P A 17043 ~ ' Christopher E. Rice Attorney J.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 - 5698 CIVIL TERM DA VID THOMAS, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of$5,929.22, plus interest 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 November 6,2006, 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 ('A. -4L F iC.- Christopher E. Rice, Esquire J.D. Number 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Dated: 1/- 2- I - 0 '" -- ' Christopher E. Rice Attorney J.D. No. 90916 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 v. : NO. 06 - 5698 CIVIL TERM DAVID THOMAS, Defendant IMPORTANT NOTICE TO: Mr. David Thomas DATE OF NOTICE: November 6, 2006 110 Walnut Street, Lemoyne, PA 17043 YOU ARE IN DEF AUL T BECAUSE YOU HA VE 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 MA Y 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 HA VEALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone:(717) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO By&4L- 5'. ~ Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 - ' Christopher E. Rice Attorney 1.0. No. 90916 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 v. : NO. 06 - 5698 CIVIL TERM DA VID THOMAS, Defendant AFFIDAVIT AS TO MIL IT ARY 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 above named is not in the military service ofthe United States of America, that he has knowledge that the said Defendant is now living at: 110 Walnut Street, Lemoyne, P A 17043. Said Defendant's place of employment is unknown. Ct!J,J r f2-- Christopher E. Rice, Esquire Sworn to and subscribed before me this alst day of j)we\'Yl ~r ,2006. ~ ;Pt,()~ No , Public COMMONWEALI H OF PENNSYLVANIA Notarial Seal Mary M, Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2007 Member, Pennsvlvanla ASSOciation of Notaries .--. " Christopher E. Rice Attorney 1.0. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-334 I Attorneys for Plaintiff MOUNTZ JEWELERS, L.P. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 06 - 5698 CIVIL TERM DA VID THOMAS, Defendant COMMONWEAL TH 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 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 November 6, 2006 U4t- 5 /L- Christopher E. Rice, Esquire Sworn to and subscribed before me this ~ day of Wovel'\1 ber ,2006. ~ftt~ NO'rneJ Public COMMONWEAL! h Ui i'ENNSYLVAN1A Notarial Seal Mary M. Price, Notary Public Carlisle Bora, Cumberland County My Commission Expires Aug, 18, 2007 Member, Pennsvlvanla Assoclahon oj Notanes .-i''" 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: Mr. David Thomas 110 Walnut Street Lemoyne, P A 17043 MARTSON DEARDORFF WILLIAMS & OTTO BY~ 1/{ (~~: ary M. Price , en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: II ja/ltJ ~ " l ~ ~~~ ~ ~ ~ '- ....... C)._, ~'-J~ V\ P ,... ~ ~ ~ ~ "( --1 ._~ r--;l f:::) ~=~ ..:.- 1',) ::i::: O~Q -J SHERIFF'S RETURN - REGULAR CASE NO: 2006-05698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOUNTZ JEWELERS L P VS THOMAS DAVID KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THOMAS DAVID the DEFENDANT , at 1818:00 HOURS, on the 13th day of October 2006 at 110 WALNUT STREET LEMOYNE, PA 17043 by handing to DAVID THOMAS 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: Ch 18.00 14.08 .39 10.00 .00 42.47~ 10/16/2006 /I/M/Ov MDW&O to ~,. ' /',:1.#,0';':/ - <;"~,.-,.r .. ,/)<:...._,<:-".-~-.. ///9: .t'Y',~,'.r;; ... _...,2~':...{/,.~ R. Thomas Kline Sworn and Subscibed By: ~41 7u . he '7 before me this day of A.D.