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Home My WebLink About99-00965 5. At such time as the tmck was delivered to Molor Tmck an authorized representative of Defendant did authorize the repair at the reasonable and posted prices for repairs and parts payable in full upon completion, 6. Plaintiff did thereafter perfol1n said work and repairs to said vehicle as more specifically set forth and described on repair order number 168222, a true and correct copy which is attached hereto, marked Exhibit "An and made a part hercofby reference thereto, 7, Upon completion, Motor Truck did submit said repair invoice with detail to Defendant in the amount of $16,256.52, who did approve same and did remit to Motor Tmck Equipment Company by wire service, the amount of $9,700.00. however and deliver a certified check in the amount of $2,763.68, the balance of the invoice, or $7,000.00 being assumed as a Catapillar warranty claim. 8. Upon receipt of said wire transfer and check, Plaintiffpennitted Defendant to remove and did release said truck from Plaintiffs custody and control. 9. Thereafter, Defendant did, without approval or notice to Motor Tmck Equipment Company, reverse the wire transfer withdrawing without authorization from Plaintiff whatsoever the funds previously transmitted to Plainti ff Motor Truck Equipment Company. 10. Plaintiffhas thereafter repeatedly made demands of said $9,700.00 but Defendant has failed and/or refused to pay said sum or any portion thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of$9,700.00. plus interest and costs of suit. COUNT II II. The averments of paragraphs I through 10 are incorporated herein by reference thcroto as if fully sct forth, 12. The Plaintiff has sent to Dcfendant repeated statcments of the balance oflhe sum due and Defendant has nol complaincd or objected to any portion or part thereof in writing, Such contacts included a facsimile of May 28, 1998. 13. By virtue of Defendant's failure to timely object with any specificity to said amount due, said amount due became an account stated. WHEREFORE, Plaintiffdemandsjudgment against Defendant in the sum of$9,700.00, plus interest and costs of suit. COUNT 111 14. The averments of paragraphs I through 13 are incorporated herein by reference thereto as if fully set forth. 15. The actions of Defendant Freezer Express. Inc" in reversing the wire transfer was an fraudulent act and therefore deceitful in obtaining services and the repaired vehicle without paying the fair, full and reasonable compensation therefore and, as agreed, 16, In addition to the loss of the said $9,700.00 plus interest, Plaintiff Motor Truck Equipment Company has incurred certain costs and expenses to include reasonable attorneys' fees which is believed will eventually total $2,000.00. WHEREFORE, Plaintiff demands judgment against Defendant in the sum not to exceed $11,700.00, which is within the limits established for submission to such matters to compulsory arbitration. COUNT IV 17, The averments of paragraphs 1 through 17 are incorporated herein by reference thereto as if fully set forth. Exhibit A 7179639q~ ,- " SerVIce Writer 'Urilt'N'~: ...../ , '" CUllo"1er No. Cu.iomer ~errie AddilllB . REPAiR ORDER WRiTE UP System R.O, ...Y' Manual R.O, HJ'11'~~ ~ \ ~ Hold Estimate \ /0-" Miloago G Lsil 7 c.. t.j Delivery Delo . ~~:: ~o~~~I~~~G tttJj~~0S9 If If If 3~?' IHUB ""i Phone'Number Pui~'h:Ite"O;d8r 'No: , ,-..,,:'1;'~ 'I . Memo" "'"::'~.~'" , ,,;'.:'Mlimo ., : ..'r,'"',~:; ',' .... ,.^- ." l::~+~"~El>AIRS' '::., , . . .... - i :;t( irci~'\''''7(JZ(}7'wd t/i.AL} I ':.:..:,'~ ~ti'~i-~;'.., ' , , ,i'...,. .1~:I:'"','''.. , ,II ':...~~~.~:.,;,.:... . ":':':3::"':~1~::~'" . '. . ':';T.ype-ico~'" ' , ,",~~~~ - - - ~'Jte<d= ~L1rrne:::~ ~ i 'r: " ',rt:."':' II '.,' I' Type: Code , . , ,,..' Conditlo'n 3 . 7F I , ~t LfO)j/ C/l"I(f~ C{ d- ;f~.,~ '.':' licanso # Engine Model Engine Seriel ComproDsor l~/ /' CJU _, tiJ~ . &.L ( , I, il :, i I I: 1 i I , , " '/".0 ..,. CP " ,Type Code-, Conai!ion 5 ~ - 8 :It.f ,Type Code. .., o\.. .pr1 ~~ -r f eUlhorlze lhe above repelr work to b~';;'},tIOng wllh necaaaary molerlala, I granl permission to opereto above vehicle for testing, Inspection, or delivery at my risk, An expressed mschonic's lien is ecknowledged on above vehicle to eecure the. unt of Irs. _ /J /J' _ Il /J /" '30 11 . C!)/l&w.tK.{J..A~ cT- r.4n 1-J-8'~'7? Th ~ealo x ressly Isclolma ali warrsntTV7. express or implied, including sny implied warrent;ss of marchantability or fitness for a particular purpoae, ond neither aasumes nor oUlhorizes any person to assume for it any liability In conneclion with the sale of the.e"psrts end/or sorvlce. ,:. OamagOl- 8u,ye(.~hsll not be antllied to rec er from dealer eny con.equentisl damsgee, demage. 10 property, for 1099 of ue9, time(o'fi;;'.or Income, or any olhe ';ciden;O';7DeSler not responsible for ilems ~e: I~ ;~e, Authorized bY~ ~ A l J- I READ AND UNDERST,~ND ALL STATEMENTS AND AUTHOR~ REPAIRS ~ Dele: ". ". ' cJ..)< '. ..nolW'Z ..,.'... 7179639133 96% P.02 -,:1 I. c>, !-~. c, '. :'" "-; '" ~I'l ( ....." \~ '----' 0 U) i' z z ~ ~ 0 ~ ll: ~ ~ ~ z 4: < <( ~ <( " ~ W 0 .J ~ > ~ . f- .J " ~ >- 0 <( Z U) L6 u en 0 z " >- ~ Z < " ...J z W w ...J 0 Z J: 0.. ~ W ~ 0: " 05 3: ~ 0 0 " a: Cl " I- z ::J 0 f- ;;; ...J . <( m 4: . '" U) 0 < I'l a: a: <( :x: , H....9~IL\il'A~ '~IL9 '10 ("IL\il'~1J ;o..IL\il O"I'j~O~ 0' A1rl"ns 1Y~J' 31W15"W VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY FIRST SELECT CORPORATION COURT OF COMMON PLEAS Plaintiff VS. CHARLES L NYE Defendant NO. 2000-965 PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: please enter Judgment in favor of the Plaintiff and against the said Defendant in accordance with the Agreement for Judgment attached hereto, and assess damages as follows: AMOUNT OF JUDGMENT $ 3,327.55 ATTORNEY I S FEES $ 465.00 Plus interest from 11/16/99 to 10/4/00 $ 411.74 LESS PAYMENTS $ 690.38 TOTAL $ 2,513.91 plus costs I certify that I have enclosed a copy of this Praecipe to be mailed to each other party who has appeared in this action or to the attorney of record. "SZ21S~ VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF AND NOW, /) d- is entered as above. , ~? Judgment /5/ ,;i,-;Z; RYC!!lJ;f' PROTHONOTARY IRC- ..1/ THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .. ' VALERIE ROSENBl"UTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF VS CUMBERLAND COUNTY COURT OF COMMON PLEAS ~~ (;) ~ (? FIRST SELECT CORPORATION Plaintiff CHARLES L NYE Defendant NO. 2000-965 PRAECIPE FOR ENTRY OF JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: of Please enter J'G"P' T't!?4?'k~, / Judgment this ;; ?r,!{ day by Agreement 2000. It is hereby agreed between the parties that Judgment be entered in this action in favor of Plaintiff, FIRST SELECT CORPORATION, and against Defendant, CHARLES L NYE, for the principal amount of $2,327.55 plus interest at 19.99% from 11/16/1999, until judgment is entered plus attorney fees of $465.00, less payments of $597.38 plus court costs. PARK LAW ASSOCIATES, P 7' BY: VALER ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff dL~~ CHARLES L NYE r Defendant VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CHARLES L NYE Defendant NO. 2000-965 NOT ICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: Judgment by Default Money Judgment Judgment in Replevin Judgment in Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings X Judgment by Agreement IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PARK LAW ASSOCIATES, P.C. at this telephone number: (215) 348-5200. PROTHONOTARY: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. :.,. 0\ ',- ~ . (.: l".: ~ \J<:) I~ ,. , . . , " \X) . " ~ 11 , , -: ~~j ~ ", , ~ () (" \ ~. . ,:1.1 ~ ......... ( ~ C' ...- " ~ 1- 1- ...~ '~,.J ~ ~ ~ ~