HomeMy WebLinkAbout99-03665j
I?
J
H
M
V
Q
L
.N
t
s
e)
v
M
o?
FISHER AUTO PARTS, INC.
Plaintiff
V.
STEVEN KELLY, Individually and Trading As
KELLY'S AUTO & TRUCK SERVICE.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. let - ?(o
: CIVIL DIVISION-LAW
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 SHOUL D TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A L AWYEg
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE T FORTH BELOW TO FIN Ol T
WHERE. YOU CAN rzET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
FISHER AUTO PARTS, INC. IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. ; NO. g g. 3 4 s Gr -1re-1
STEVEN KELLY, Individually and Trading As :
KELLY'S AUTO & TRUCK SERVICE : CIVIL DIVISION - LAW
Defendant .
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, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS
($9,550.66) along with costs of this suit and interest thereon at the rate of eighteen percent
(18%) per annum from May 1, 1999 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 1731 South 19th Street, Harrisburg, Dauphin County, Pennsylvania 17104.
2. The Defendant, STEVEN KELLY, an adult individual, trading and doing
business as KELLY'S AUTO & TRUCK SERVICE, has an office and place of business at
3303 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On the dates, in the amounts, and for the prices set forth in a true and correct
copy of the Plaintiff's Invoice, at the special instance and request of the Defendant, sold and
F:\USER\KATHY\CMPLAINT\25068FIS.HER
delivered goods, wares and merchandise to the total amount of NINE THOUSAND, FIVE
HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66).
4. Due to the voluminous nature of Plaintiffs Invoices, said Invoices are not
attached hereto as an Exhibit, but are available for Defendant's review and copying at
Plaintiffs attorney's offices.
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. The balance due and owing by Defendant to Plaintiff is the sum of NINE
THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66), as
appears by the Statement of Account hereto attached, made a part hereof and marked as
Exhibit "A".
7. 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.
F: \USER\KATHY\CMPLAINT\25068F IS. HER 2
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of NINE
THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66)
along with costs of this suit and interest thereon at the rate of eighteen percent (18%) per
annum from May 1, 1999.
Respectfully submitted,
& IMBLUM, P.C.
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\KATHY\CMPLAINT\25068FIS.HER
ZIgIHxa
x?
t9
1 Y
I
one?a+wuoi
? ? ? gqMCI
SS
P a
N
w O
N to 0
M Q M m
.1
(L H m
.a i.- U
O
~
? C ((??
6 W U1
,0
> .1
w M _n
HS CD
~ ~
U U7
M
w J
3
IC
Jp
10
a .
i
o W
p
i3 Z (7
o a q
d M o
w
6 N
MM1I7 M •
?=
= j:6 , .
Y PP ?FG07 O
?m E `wo`\ tocw WUW
P-
Q C M
Y a u N ro
00 .
t
p 1) M
?-Wq,ww
de
w
QIL
IL
U?
in
w
' _-1
i
. u
I
1 '
{
VEQIBI? CATIAN
i
i
i
I
i
It Dosdld Ztmmarsan, store lop, Niaor of Fisher Auto Parts, Inc„ veft that the
etaMmmb made in the afongoing dogauent am true and correct. I undontand Out Me
Aa/amenti berein are made subject to i*e "Use of is Pe. C. S. N904, relating to unworn
blNOeadw to authorities
PARTS, INC.
&on soperviwr
Detail, /?l S
i
F;IUSER\KATHYICMPLAINT\25068FIS.HER
.? A
Ilr ?1?
= cr
Y
I =j oµ1 /'?,
cj?
\P/
U
v z
0
E
.". `?!`
o U O O k i
w L 4 m
0
? m W? rx y
3 9 W F O ?
s m
Z a
` Y, °
> Z u n m
H
a
°
? $
¢
r ? i ? S
fQ
?
6 6 O ^J ( Y [O
SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-03665 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FISHER AUTO PARTS INC
VS.
KELLY STEVEN ET AL
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: KELLY STEVEN
but was unable to locate Him in his bailiwick. He therefore returns
the COMPLAINT AND NOTICE
NOT FOUND , as to the within named defendant
KELLY STEVEN
DEFT CLOSED HIS BUSINESS THREE WEEKS AGO AND MOVED
TO THE ETTERS AREA IN YORK COUNTY.
Sheriff's Costs: So answers: /
Docketing 18.00
Service 9.30
Affidavit .00
Surcharge 8.00 n mas in S eri
$313"0 06%21/1999K AND IMBLUM
Sworn and subscribed to before me
this dld- day of
19 (^ A.D.
y
?j `-Fro on ary
SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-03665 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FISHER AUTO PARTS INC
VS.
KELLY STEVEN ET AL
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: KELLY STEVEN T/A KELLY'S AUTO
AND TRUCK SERVICE
but was unable to locate Him in his bailiwick. He therefore returns
the COMPLAINT AND NOTICE
NOT FOUND , as to the within named defendant
KELLY STEVEN T/A KELLY'S AUTO AND TRUCK SERVICE
DEFT CLOSED HIS BUSINESS 3 WEEKS AGO AND MOVED TO
THE ETTERS AREA. EXACT ADDRESS NOT AVAILABLE.
Sheriff's Costs: So answer j
Docketing 6.00 /
Affidavit .00 / r
Surcharge 8.00 m s in eri
$Tg-.OU OKNUPP/KODAK & IMBLUM
6/21999
Sworn and subscribed to before me
this 21a4- day of
19gq A.D.
o n navy a
FISHER AUTO PARTS, INC.
Plaintiff
v.
STEVEN KELLY, Individually and Trading As
KELLY'S AUTO & TRUCK SERVICE
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. qej - ?IoG?
CIVIL DIVISION -LAW
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 LA ']4YER
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
TRUE COPY FROM RECORD
ieetltigly wtlereut 1 here unto set MY mw
of -
CGrlbteFt
. nie\
FISHER AUTO PARTS, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.
STEVEN KELLY, Individually and Trading As :
KELLY'S AUTO & TRUCK SERVICE : CIVIL DIVISION -LAW
Defendant
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, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS
($9,550.66) along with costs of this suit and interest thereon at the rate of eighteen percent
(18%) per annum from May 1, 1999 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 1731 South 19th Street, Harrisburg, Dauphin County, Pennsylvania 17104.
2. The Defendant, STEVEN KELLY, an adult individual, trading and doing
business as KELLY'S AUTO & TRUCK SERVICE, has an office and place of business at
3303 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On the dates, in the amounts, and for the prices set forth in a true and correct
copy of the Plaintiff's Invoice, at the special instance and request of the Defendant, sold and
F:\USER\KATHY\CMPLAINT\25068FIS.HER
delivered goods, wares and merchandise to the total amount of NINE THOUSAND, FIVE
HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66).
4. Due to the voluminous nature of Plaintiffs Invoices, said Invoices are not
attached hereto as ao EY!Aibit, but are available for Defendant's review and copying at
Plaintiffs attorney's offices.
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. The balance due and owing by Defendant to Plaintiff is the sum of NINE
THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66), as
appears by the Statement of Account hereto attached, made a part hereof and marked as
Exhibit "A".
7. 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.
F:\USER\KATHY\CMPLAINT\25068FIS.HER 2
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of NINE
THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66)
along with costs of this suit and interest thereon at the rate of eighteen percent (18%) per
annum from May 1, 1999.
Respectfully submitted,
& IMBLUM, P.C.
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\KATHY\CMPLAINT\25068FIS.HER
a
a
H
oft, "ON VfMA
P ILA
P
O
L I M
M
ti
r
Y
U
7
14 w
~Z
Q6 ?
F W
N
NS S
J I?
X ? U
X ZISIHX:l
P
NS
? Q
M L
U A3?+ W
P
4W¢ Se
•
> O
N ?
i N
+
H N
(L I- co
= J Q 7
O
072 ?
a c N
i i=
¢d
rn .
' r
U
L
3LF-? W
Z
2 WO
O
U W Z3U
N .Mp C)
fV
o
W W
T
3cc
?mII
Y
N (tm
d?
U
M
WN
tA
I ItJ
PP Z AN ' O
w
.4
~N .y
.
4
ZU 0
aiL
C <
O
P<
h
? .V1
i
Is Donald Ztmmermaa, Store qupervtaor of Fisher Auto Parts, Inc., vft* that the
statements made in the aforspin8 dogaa:ent are true and correct. I undcrotand that fate
I
statements berein are made subject to tow penalties of 18 Pe. C. S.1{904, relating to unswon
t'alslticatin to authorities.
Dated, ( l?! S°s-9
FISRXR AUTO PARTS, LYC.
oaald Zlm u, Btote 9oporv4or
I
i
F;\USER\KATHY\CMPLAINT\25068FIS.HER
I
o iL
Y
0
a
?
H O
O ? .? O F 0 C
u
s 3 v t O
/? ?? . r W
. u m
? ? r
L L-
FISHER AUTO PARTS, INC.
Plaintiff
V.
STEVEN KELLY, Individually and Trading As
KELLY'S AUTO & TRUCK SERVICE
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
?? ?IObJ
C -e-lLL
: CIVIL DIVISION-LAW
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 A A r A WYE
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
TRW GWY mom p&oo D
In Teltlttllt W rNavd, I here um so tW bld
thh so of -%Vd Rourt * WbN, FL _
FISHER AUTO PARTS, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. . NO.
STEVEN KELLY, Individually and Trading As :
KELLY'S AUTO & TRUCK SERVICE : CIVIL DIVISION -LAW
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, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS
($9,550.66) along with costs of this suit and interest thereon at the rate of eighteen percent
(18%) per annum from May 1, 1999 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 1731 South 19th Street, Harrisburg, Dauphin County, Pennsylvania 17104.
2. The Defendant, STEVEN KELLY, an adult individual, trading and doing
business as KELLY'S AUTO & TRUCK SERVICE, has an office and place of business at
3303 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On the dates, in the amounts, and for the prices set forth in a true and correct
copy of the Plaintiffs Invoice, at the special instance and request of the Defendant, sold and
F:\USER\KATHY\CMPLAINT\25068FIS.HER
delivered goods, wares and merchandise to the total amount of NINE THOUSAND, FIVE
HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66).
4. Due to the voluminous nature of Plaintiff's Invoices, said Invoices are not
attached hereto as an Exhibit, but are available for Defendant's review and copying at
Plaintiff's attorney's offices.
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. The balance due and owing by Defendant to Plaintiff is the sum of NINE
THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66), as
appears by the Statement of Account hereto attached, made a part hereof and marked as
Exhibit "A".
7. 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.
F:\USER\KATHY\CMPLAINT\25068FIS.HER 2
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of NINE
THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND SIXTY-SIX CENTS ($9,550.66)
along with costs of this suit and interest thereon at the rate of eighteen percent (18%) per
annum from May 1, 1999.
Respectfully submitted,
& IMBLUM, P.C.
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\KATHY\CMPLAINT\25068FIS.HER 3
- - ------------
n
s
E o
'
'
_ Q
k
d
i
e? o ,+? ?i ? i m V
Y
G
i W?
i? W H 0 0
w ? ? f ? G n
W
;
W W
}p
0. <
U Z
ff 2
^ j?
F
o r <
y
1S
:r I
? ? ? ? GGO U' ± Y
d 2 O ^? «< Y [O
x ?
?Ef
•
y ¦O
MM VIUOA
r/
v ZISII3Xa
a N ?.
P
C
..i < zz
:i N
y< P O 3
. N
U
P ?+ W 6
. M
?QO m
[L N to
f- U
„? ZJ¢
0 o?z
~
N c UU
Qw o
.hi M ?-+ I Y co
U w w FFh- . i
7 q
3E
2
re w S
!
~z r4r) J3YJ ' 10
z> W)
Lt mzau a
d 9
0 cc ?
°
a w
of o I
w
N rc
w
¢E D MM ?
=
= V
j}6 ..
•
Y PP QW'
Z r O
i
i F-
wm ~\ V) wy?
F Z
Q G M
+?
U .
00
Y
Q
w .-",w nn
W .
d?
w
W
7
WO
C7
<a
U?
01
?
w
a?
N
w
Q
' -y 11
I
I
I . ?•V
i
1
I
1
I '
I
I
i
I
VK*IBICAT14QN
i
i
I
1
I, Donald Wmanermaa, Store gnpervisor of Fisher Auto Pistil, Inc., verily that the
I
statements made in the aforegoing docamint ere true and correct. I understand tbut faits
statements henin are made subject to the penshla of 18 Pe. C. S.1490/, relating to unawarn
faieiiscati". to authorities
AUTO PARTS, INC.
Ston Supervisor
Dated,
I
i
I
I
F;\USER\KATHY\CMPLAINT\25068FIS.HER