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HomeMy WebLinkAbout03-1682FISHER AUTO PARTS, INC. Plaintiff Vo : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BIG DOG AUTO SALES, INC. Trading and Doing: CIVIL DIVISION - LAW Business As CARTOWNE SERVICE CENTER : Defendant : NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 or (800) 990-9108 FISHER AUTO PARTS, INC. Plaintiff ' IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA BIG DOG AUTO SALES, INC. Trading and Doing · CIVIL DIVISION - LAW Business As CARTOWNE SERVICE CENTER · Defendant · COMPLAINT The Plaintiff, FISHER AUTO PARTS, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of NINE THOUSAND, THIRTY-ONE DOLLARS AND TWENTY-SEVEN CENTS ($9,031.27), along with interest thereon from January 1,2003, at the rate of One and One-Half (1.50%) percent per month upon a cause of action of which the following is a statement: 1. The Plaintiff, FISHER AUTO PARTS, INC., is a corporation organized and existing under the laws of the Commonwealth of Virginia, having an office and place of business at 174 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, BIG DOG AUTO SALES, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having an office and place of business at 1073 Harrisburg Pike, Carlisle, Cumberland county, Pennsylvania 17013, and is trading and doing business as CARTOWNE SERVICE CENTER. F:\USER\BONNIEJO\COMP\WORK\29156com.wpd:04Mar03 3. On or about July 2, 1999, in an effort to induce Plaintiff to extend credit to the business known as Cartowne Service Center, Defendant's agent did complete and execute Plaintiff's Credit Application. A true and correct copy of said Application is attached hereto, marked as Exhibit "A" and made a part hereof. 4. In the ordinary course of business, Plaintiff did, at the special instance and oral request of the Defendant, sell and deliver goods, wares and merchandise thereby creating an outstanding balance due and owing, including interest as allowed by the terms of the Credit Application attached hereto at Exhibit "A", in the amount of Seven Thousand, Five Hundred Twenty-Six Dollars and Six Cents ($7,526.06), as set forth on Plaintiff's Statement of Account attached hereto, marked as Exhibit "B" and made a part hereof. 5. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintiff therefor. 6. Due to Defendant's default in payment of said amount due and owing as aforesaid, and pursuant to the terms and conditions of Plaintiff' s Credit Application attached hereto as Exhibit "A", attorney's fees have been added to said account in the total amount of One Thousand, Five Hundred Five Dollars and Twenty-One Cents ($1,505.21). 7. The balance due and owing by Defendant to Plaintiff is the sum of Nine Thousand, Thirty-One Dollars and Twenty-Seven Cents ($9,031.27). F:\USER\BONNIEJO\COMP\WORKL29156com.wpd:04Mar03 2 8. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of NINE THOUSAND, THIRTY-ONE DOLLARS AND TWENTY-SEVEN CENTS ($9,031.27), together with interest thereon from January 1, 2003, at the rate of One and One-Half (1.50%) percent per month. Respectfully submitted, Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\COMP\WORK\29156com.wpd:04Mar03 3 Federated FISHER Auto Parts P,O. BOX 2246 STAUNTON, VA 24402-2246 · , ..... ': : ~ Atone ...... r'l ~:.~C'"r i Cqq .,:~f: ]: ~:. N!::: ,:2: ~ ~ E,'~~: ',q b',' .........., .... ' " 7' i L..[ t..: L.q., ~=;:': '1'. A ? ~::~ % PER MONTH FINANCE CHARGE, 'i a % PER ANNUM FISHER auto. parts, inc. 512 GREENVILLE AVE. P.O, aOX 2246 STAUNTON. VA 24401 CREDIT APPLICATION STORE AGREEMENTTHE INFORMATION CONTAINED IN THIS APPUCATION.IS SUBMITTED AS A 8AS15 FOR CONSIDERATION DF CREDIT EXTENSION BY FISHER AUTO PARTS· INC. (FISHER) SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: · SUOMJTTED APPLICATIONS BECOME PROPERTY OF FISHER TO BE USED IN INVESTIGATING AND VERIFYING APPUCANT'S CREDIT AND FINANCIAL RESPONSIBIMTY. ALL APPUCATIONS WILL BE TREATED IN STRICTEST CONFIOENCE. - ALL PURCHASES ARE PAYABLE IN FULL UPON RECEIPT OF THE MONTHLY BILLING STATEMENT, ANY BALANCE REMAINING UNPAID AFTER 30 DAYS FROM THE STATEMENT DATE WILL INCUR A LATE CHARGE NOT EXCEEDING THE LAWFUL RATES ESTABLISHED BY THE STATE IN WHICH THE PURCHASE WAS MADE. AS SHOWN IN THE CHART ON THE REVERSE Sl0E. · APPLICANT ASSUMES FULL RESPONSIBILITY FOR AND AGREES TO .pAY THE TOTAL AMOUNT OF ALL OBLIC..~ATtONS AR~ING FROM MERCHANDISE OR SERVICES RECEIVED TOGETHER WITH ALL COLLECTION COS TS AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES· SUIT FEES OR COURT COSTS INCURRED· LEaL ENTI~ CI~-STATE-~IP YEAH PIHM P~ENT FIRM ~DORESS . ~HONE NO. NAME ~L SECURITY ~0. TI~E ~= ACCOUNT NO. STREET ADORES~CI~TAT~P ...... ~_~E STREET ADORES~CI~TAT~p ACCOUNT NO. I1~ pUR¢~ T~EMPT ~YES ~NO ISUB~EO? ~YES ~nO IOROERNEEOED/ ~YES "PL~SE S~8~IT FINANCIAL STATEMENT I~ AV~LE" ~,~VED ~E5 ~ NO C~ DATE BY: $ 12 GREENVI£1 I= AVENUE' P.O. BOX 2246 STAUNTON. VIRGINIA 24402-2246 (703) 885-8901 FAX; (703) 885-1808 GUARANTEE In consi(lera~on ol P';isher Auto Pans Inc.. herein after Callecl 'Fisher", extending creOit to f ),herein alter called "Customer",. for Ihe purchase of products-sold 13Y. Fisher, the undersigned cloes hereby unconditionally guarantee Ihe perlormance and paymenl ol the lull indebtedness incurred by Ihe Cuslomer Io Fisher, toqelher wilh all cost, expenses and attorney lees incurred by Fisher in connection with delault ol Customer. Any liability oI the undersigned hereunder shall nol be aflected by or sttall it be necessary to procure consent of Ihe unclersigned or give any notice in relerence to any indulgence, compromise, settlements, extensions or variations ot terms ot any obligalion alfectecl wilh or the discharge or release of any obligation of the customer by operations ol law or otheP~vise. The undersigned hereby does expressly waive and dispense with notice of acceptance ot the guarantee, nolice of non-paymenl or non-periormance, not~ce ol amounls ot indebtedness outstanding al anytime, protests, demancls, prosecutions of Collections. loreclosure and possessory remedies. ' e~ ' This is a continuing guarantee and shall remain in lull force and effect until receipt by Fisher al its office located at 512 Greenville Avenue. Siaunton, Virginia 24401, of written notice by Ihe undersigned terminating or moclilying same. providecl, however lhat such nolice shall not operate Id release the undersigned from any lial3ilily hereunOer wilh respect lo any obligation prior to Fisher actual receipt o! such notice. . The ot31igalJon ot all parties sigr~ng this guarantee, where more Ihan one, snail be joint and several. This guarantee sttall bind and inure to Ihe benefit.of the heirs,~'adminislrators, successors and assign o! the undersigned and Fisher. respectively. This Guaranty ot Paymenl. il entered inlo by an officer of Ihe customer, is the personal obligation of each ot the undersigned in his or her inclividual capacity. INTEREST RATi~ STATE PER MONTH DE 2.0% -- IL 1.5% - ~ 1.5% KY 1.5% MD 2:0% MO 1.5% NC 1.5% - ,,,NY 1.5% - PA 1.5% .... VA 2.0% - WV 1.5% ,. = Name Slreet Adclress City, State, Zip Signature FROM :F~sk~r RutoParts FRX NO. :717~--249-2118 Rpr. 84 2003 04:09PM ~R 84 '~3 03:56PH KNUPP & KODRK PC Pi I, MELODY KNAUB, Man~cr of FISHBR AUTO PARTS, LNC., ved~ thaz thc smmments ,~ad~/n the afcre§oin$ document are tru~ and correct, [ undcrstmdth~t f~lsc s~atements here/n are made ~ubJec~ ~o ~hc pcnalfic~ , of 18 Pa. C. S. ~4~04, rclat/ng to unsworn/alai~on ~ au~or/t/cs, FISHER AUTO PA~T$, LNC. Melody Knaub 29156 SHERIFF'S RETURN - REGULAR CASE NO: 2003-01682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER AUTO PARTS INC VS BIG DOG AUTO SALES INC T/D/B/A CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BIG DOG AUTO SALES INC T/D/B/A CARTOWNE SERVICE CENTER the DEFENDANT at 1073 HARRISBURG PIKE CARLISLE, PA 17013 , at 0931:00 HOURS, on the 16th day of April , 2003 BRYAN WENGER, SALES PERSON by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~-- day of  o2~0~ A.D. / ~roth0notary ' ' ' So Answers: R. Thomas Kline PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 FISHER AUTO PARTS, INC. IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA writ No. Plaintiff NO. 2003-01682 CIVIL VS Amount due BIG DOG AUTO SALES, INC. InterestFROM DATE OF JUDG. T/A/D/B/A CARTOWNE SERVICE CTR. 1073 HARRISBURG PIKE ntty's Comm. CARLISLE PA 17013 and CostsTO BE DETERMINED$ Defendant(s) Term 20 Term 2003 $ 7,791.30 (06/18/03) $ 111.51 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CI~4BEPJ~AI~D County, Pennsylvania; (2) against BIG DOG AUTO SALES,- (3) and against PNC BANK, N.A. INC. T/A/D/B/A CARTOWNE SERVICE CENTER Defendant (s) Garnishee (s), (4) and index this writ and (a) against BIG DOG AUTO SALES, INC. T/A/D/B/A CARTOWNE SERVICE CENTER (b) against PNC BANK, N.A. Defendant(s) Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVXUPONALLPEBSON~LPROPEI~TYOFABOVE-LISTEDDEFENDANT(S) AT ABOVE-LISTEDADDRESSAND~/~NISH PNC BANK, N.A. 180 NOBLE BLVD.CA~LISLE PA 17013, ACCT~0~738 , DEFENDANT 5001012719 OR ANX OT~ERACCOUNTS UNDER DEFENDANT'S (5) Exemption has (not) been waived. Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 04/01/04 Attorney For Plaintiff(s) ol O© 0 co WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1682 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FISHER AUTO PARTS, INC., Plaintiff (s) From BIG DOG AUTO SALES, INC. T/A~D/B/A CARTOWNE SERVICE CTR, 1073 HARRISBURG PIKE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISH PNC BANK, N.A., 180 NOBLE BLVD. CARLISLE, PA 17013, DEFENDANT ACCT # 031312738 5001012719 OR ANY OTHER ACCOUNTS UNDER DEFENDANT'S NAME. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $7,791.30 L.L. $.50 Interest FROM DATE OF JUDG (06/18/03) Atty's Comm % $111.51 Due Prothy $1.00 Atty Paid $113.95 Other Costs Plaintiff Paid Date: APRIL 2, 2004 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 CURTIS R. LONG Prothonotary Deputy FISHER AUTO PARTS, iNC. Plaintiff BIG DOG AUTO SALES, INC. Defendant : In the Court of COMMON PLEAS of : CUMBERLAND County, Pennsylvania NO. 2003-01682 CIVIL CIVIL DIVISION - LAW PNC BANK, N.A. Garnishee PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please dissolve the attachment against Garnishee, PNC BANK, in the above-captioned matter. TO Cumberland County Prothonotary Dated: April 20, 2004 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff SIRLIN GALLOGLY & LESSER, P.C By: Jori C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Garnishee FISHER AUTO PARTS, INC. VS. BIG DOG AUTO SALES, INC. T/A/D/B/A CARTOWNE SERVICE CTR. and PNC BANK, NATIONAL ASSOCIATION, GARNISHF, F, : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO. 03-1682 TO THE PROTHONOTARY: ENTRY OF APPEARANCF. Kindly enter my appearance on behalf of PNC Bank, National Association, Garnishee, in the above-captioned matter. Date: ~/~¢ JON SI!IN ~or Garnishee SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 1529 Walnut Street, Suite 600 Philadelphia, PA 19102 (215) 864-9700 FISHER AUTO PARTS, INC. VS. BIG DOG AUTO SALES, INC. T/A/D/B/A CARTOWNE SERVICE CTR. and PNC BANK, NATIONAL ASSOCIATION, GARNI,gFIF, E Attorney for Garnishee : COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND : NO. 03-1.682 ANgWERS TO INTERROGATORIES IN ATTACHMENT TO: FISHER AUTO PARTS, INC., Plaintiff 1. No. 2. No, Defendant has no relationship with PNC Bank, National Association. Defendant did maintain accounts, which closed on February 5, 2004, May 29, 2003, August 20, 2002, March 24, 2004, and Febmary 12, 2004. 3.-6. No. 7. See answer to number two above. Dated: JON (~. SIRLIN Attom&y~>r Gamishee Fisher Auto Parts, Inc. vs. Big Dog Auto Sales, Inc. t/a/d/b/a Cartowne Service Ctr. And PNC Bank National Association Garnishee VERIFICATION Jack Toth, being duly sworn according to law, deposes and says that he is the Writ Administrator of PNC Bank, National Association, the within garnishee, and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge. Said garnishee understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: 04/19/04 FISHER AUTO PARTS, 1NC. VS. BIG DOG AUTO SALES, INC. T/A/D/B/A CARTOWNE SERVICE CTR. and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 03-1682 ATTORNEY I.D.# ORDER TO DIgCONTINI IE ATTACHMENT EXECI ITION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, ]?NC Bank, National Association, discontinued, upon payment of your costs only. Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2003-01682 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GARNISHEE FISHER AUTO PARTS INC VS BIG DOG AUTO SALES INC T/D/B/A And now VALARIE WEARY Cumberland County, Pennsylvania, to law, at 0011:45 Hours, on the Sheriff or Deputy Sheriff of who being duly sworn according 14th day of April , 2004, attached as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT , BIG DOG AUTO SALES INC T/D/B/A CARTOWNE SERVICE CENTER hands, possession, or control of the within named Garnishee PNC BANK N.A. 180 NOBLE BLVD credits, and , in the CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MARLIES TRIMBUR (BRANCH MANAGER) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 R. Thomas Kline Sheriff of Cumberland County 00 00 0000B So answers: Sworn and subscribed to before me this // ~day of ~ ~ ~ ~ ~ A.D. ProthonOtary ~m- ~--'~ R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 2.24 Advertising Law Library · .50 Prothonotary 1.00 Mileage 3.45 Surcharge 40.00 Levy 40.00 Post Pone Sale Garnishee 9.00 TOTAL $ 114.19 Advance Costs: 150.00 Sheriff's Costs: 114.19 $ 35.81 Refunded to Atty on 05/20/04 Sworn and Subscribed to before me This ~C ~day of ~. Prdthonotary So Answers; R. Thomas Kline, Sheriff