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Home My WebLink About02-5713HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF KICHLER LIGHTING, Plaintiff VS. WEST SHORE LIGHTING CO., ROBIN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CARROLUS and MARY LEE CARROLUS,: Defendants : IN ASSUMPSIT 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 an 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 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 KICHLER LIGHTING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION. LAW ; WEST SHORE LIGHTING CO., ROBIN : NO. O~ ~ ~"%~/~.~ CARROLUS and MARY LEE CARROLUS,: Defendants : IN ASSUMPSIT COMPLAINT NOW comes the plaintiff, by its attorney, Harold S. Irwin, III, Esquire, and files this complaint, representing as follows: 1. Plaintiff Kichler Lighting Company maintains its principal office at 7711 East Pleasant Valley, Cleveland, Ohio 44131-8010. 2. Defendant West Shore Lighting Company maintains its principal office at 5248 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendants Robin Carrolus and Mary Lee Carrolus are adult individuals residing a 4 Andes Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and are the owners and operators of defendant West Shore Lighting Company. 4. On the dates indicated on the statement of account attached hereto as Exhibit "A" and incorporated herein by reference, defendants ordered and plaintiff delivered to defendants various lighting products as indicated on said statement. 5. The prices charged for said building materials were the usual and ordinary prices therefore and the prices which defendants agreed to pay. 6. The defendants have made various payments against the charges on this account as indicated on the statement, but there remains a balance due of $750.51. 7. The plaintiff has made numerous requests of the defendants to pay the balance due, but defendants have refused and neglected to pay the same or any part thereof and continue so to refuse. 8. On February 25, 1976, in consideration of the plaintiff's extension of a line of credit to defendant West Shore Lighting Co., defendants Robin Carrolus and Mary Lee Carrolus personally guaranteed any and all obligations of the West Shore Lighting Co. to plaintiff. A copy of the personal guarantee is attached hereto as Exhibit "B" and incorporated herein by reference. WHEREFORE, plaintiff demands judgment against defendant in the sum of Seven Hundred Fifty and 51/100 ($50.51) Dollars, plus interest and the costs of this action. 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 I hereby verify that l am the __~¢/~)/'~/--~ ~,£¢j ,~ ._~¢¢¢¢...~-/2 of the plaintiff in this action, that I am authorized to execute this affidavit and that the facts in stated in the above complaint are true and correct. I understand that false statements herein are made subject to the penall, ies of Pa.C.S. Section 4904, relating to unsworn falsification to autho,dties. EXHIBIT "A" ~ _z _~ z _~ ~ z z z z z 03/18/02 ~ON 14:47 [TX/RX NO 5593] ~003 EXHIBIT "B" Zn amaeidawaeLon of the aSreemonC by q~- 7.. D, KAehler Co., ~btu ~o~ua SHERIFF'S RETURN - REGULAR CASE NO: 2002-05713 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KICHLER LIGHTING VS WEST SHORE LIGHTING CO ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEST SHORE LIGHTING CO ET ALthe DEFENDANT , at 1642:00 HOURS, on the 12th day of December , 2002 at 5248 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 ROBIN CARROLUS, OWNER by handing to 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 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this 3dC day of '~' ~*'~ -3 A.D. o hanotary . So Answers: R. Thomas Kline 12/13/2002 HAROLD IRWIN III D~puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KICHLER LIGHTING VS WEST SHORE LIGHTING CO ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARROLUS ROBIN the DEFENDANT at 5248 E TRINDLE ROAD , at 1642:00 HOURS, on the 12th day of December , 2002 MECHANICSBURG, PA 17055 by handing to ROBIN CARROLUS 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this ~k day of A. D. / P/roth~ot ary ' 12/13/2002 HAROLD IRWIN III By: ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-05713 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KICHLER LIGHTING VS WEST SHORE LIGHTING CO ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARROLUS MARY LEE the DEFENDANT , at 2020:00 HOURS, on the 12th day of December , 2002 at 4 PENNSWAY ROAD MECHANICSBURG, PA 17055 by handing to MARY LEE CARROLUS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 22.90 Sworn and Subscribed to before me this ~ day of ~ ..... 7 '~ °Wi'3 ~ A.D. Srot~onotary So Answers: R. Thomas Kline 12/13/2002 HAROLD IRWIN III By: ~~ HAROLD S. IRWIN, III, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF KICHLER LIGHTING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION. LAW WEST SHORE LIGHTING CO., ROBIN : NO. 0 2---- ~;? f ] CARROLUS and MARY LEE CARROLUS,: Defendants : IN ASSUMPSIT PRAECIPE TO SETTLE AND DIISCONTINUE To the Prothonotary: Please mark the above case settled and discontinued, wiith prejudice. January 11, 2005 E 64 South Pitt Street Carlisle, PA 17013 717 -243-6090 Supreme Court 10 NO. 29920 (") c.:::: c '" = ,--=> "" ,- C) -TI --j -',- ,.. :!?" I" (...,) .j:-