PHILADELPHIA – A locally-based designer and printer is looking to recoup well over $100,000 from an apparel retailer and its owner, who it claims collectively breached a working and financial agreement with the parties.

On March 28, Dynamic Advertising Solutions, Inc. of Philadelphia filed suit in the Philadelphia County Court of Common Pleas versus Mindful Wear, LLC (doing business as “Moment Gear” and “MomentGear.Com”) and guarantor Ron Rafie Braunstein (also known as “Rafie Braunstein”), both also of Philadelphia.

On Sept. 16, 2016, Braunstein, the owner and managing member of apparel retailer Moment Gear, completed, executed and submitted a Credit Card Authorization Form with Dynamic Advertising Solutions, a designer and printer of promotional products and apparel.

Similarly, on Nov. 3, 2016, Braunstein completed, executed and submitted a New Account Application with Dynamic for the printing of personalized and customized apparel and accessories for Moment Gear’s Internet sales – and on Nov. 10, 2016, Braunstein completed, executed and submitted to Dynamic a personal guaranty absolutely and unconditionally guaranteeing the prompt payment of Moment Gear’s indebtedness to Dynamic.

Between Nov. 30, 2016 and Dec. 18, 2017, Dynamic sold and delivered to Moment Gear goods of kinds, in the quantities, and for the prices set forth in Dynamic’s Statement of open invoices together with the invoices for the total sum of $69,849.65. As of the date hereof, Moment Gear and Braunstein have failed and refused to pay the outstanding balance due and owing Dynamic from Moment Gear.

For counts of breach of contract and unjust enrichment against Mindful Wear, LLC, the plaintiff is seeking damages of $85,268.03, plus costs as follows:

a.) Principal As Of Nov. 30, 2016 – $69,232.15

b.) Continuing Interest At The Rate Of 18 Percent From Nov. 30, 2016 As Of Feb. 23, 2018 – $15,397.98

c.) Principal As Of Dec. 18, 2017 – $617.50

d.) Continuing Interest At The Rate Of 18 Percent From Dec. 18, 2017 As Of Feb. 23, 2018 – $20.40

e.) Costs – To Be Added  

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Total – $85,268.03

For a count of personal guaranty against Braunstein, the plaintiff is seeking damages of $92,768.03, plus costs as follows:

a.) Principal As Of Nov. 30, 2016 – $69,232.15

b.) Continuing Interest At The Rate Of 18 Percent From Nov. 30, 2016 As Of Feb. 23, 2018 – $15,397.98

c.) Principal As Of Dec. 18, 2017 – $617.50

d.) Continuing Interest At The Rate Of 18 Percent From Dec. 18, 2017 As Of Feb. 23, 2018 – $20.40

e.) Attorney’s Fees – $7,500

f.) Costs – To Be Added  

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Total – $92,768.03

The plaintiff is represented by Joshua B. Ladov and Jill B. Levy of Ladov Law Firm, in Philadelphia.

Philadelphia County Court of Common Pleas case 180303321

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Philadelphia County Court of Common Pleas




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