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HomeMy WebLinkAbout07-2332~ ~ F:\FILES\DATAFILE\General\Cwrent\12531\Complaint Creaced: 3/5/03 ?:'_329 PM Revisad. J/19,'07 3.IO:Iti PM Hubert X. Gilroy, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Michael J. Collins, Esquire Attorney I.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attornevs for Plaintiff 1-81 -CARLISLE FUEL STOP, INC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D 7- 07.3 3 ~. l~t-~-( ~~.•--- CIVIL ACTION-LAW GURINDER P. SINGH, Defendant 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 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Hubert X. Gilroy, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Michael J. Collins, Esquire Attorney I.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 AIIOYYlEyS fDY PlClll2hff 1-81 -CARLISLE FUEL STOP, INC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6 7• ~ 33z ~' ~,r 1 T~ r~ CIVIL ACTION-LAW GURINDER P. SINGH, Defendant COMPLAINT AND NOW, comes Plaintiff, 1-81 -Carlisle Fuel Stop, Inc. (hereinafter "Plaintiff'), by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff I-81 is a Pennsylvania corporation with a principal place of business at 1550 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant Gurinder P. Singh (hereinafter "Defendant") is an adult individual whose last known address is 95-30 110`'' St., Richmond Hill, Queens County, New York, 11418. below. COUNTI BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein by reference as if set forth in full 4. Defendant opened a Receivables Account (hereinafter "Account") with Plaintiff to pay supplies and services provided and rendered to Defendant by Plaintiff. 6. Defendant, by opening the Account and using the goods and services provided by Plaintiff, agreed to pay Plaintiff for all charges made to the Account. 7. Defendant received and accepted all goods and services provided by Plaintiff and thereby agreed to payment for said goods and services. 8. Between June, 2005 and November, 2005, Defendant ran up a balance of $10,239.14. 9. Defendant defaulted on the repayment of the Account by not paying the balance when due. 10. To date the balance remains unpaid, despite numerous demands by the Plaintiff for repayment.. 11. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $10,239.14, plus late fees, costs of suit and interest from date of judgment. COUNT II IN QUANTUM MERUIT In the alternative, if this Honorable Court should determine that an express contract between the parties does not exist, which is denied, Plaintiff pleads the following: 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in full. 13. Because Plaintiffloaned goods and services to Defendant, to the benefit of Defendant, Defendant became liable to Plaintiff for said money. 14. Defendant was unjustly enriched by accepting said goods and services without paying Plaintiff reasonable compensation therefor. 15. The total amount by which Defendant has become enriched is $10,239.14. 16. Plaintiff demanded payment of the above sums but Defendant failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $10,239.14, until Defendant's obligation is paid in full, plus late fees, costs of suit and interest from date of judgment. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER By Hubert .Gilroy, Esquire I. D. tuber 90916 Michael J. Collins, Esquire I. D. Number 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~ ~ (_~`~ Attorneys for Plaintiff ~- L......i l This a debt collecting firm. Any information obtained will be used for that purpose. VERIFICATION I, ARSHWINDER GREWAL, President of 1-81 -Carlisle Fuel Stop, Inc., acknowledge that I have the authority to execute this Verification on behalf of 1-81 -Carlisle Fuel Stop, Inc. and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that this Complaint is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, infornation and belief. To the extent that the content of this Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. 1-81 -Carlisle Fuel Stop, Inc. J Arshwinder Grewal President Dated: 1 ~~ ~~ F:\F1LES\DATAFILE\GeneraftCurtrnt\12531 \Complaint CJ -v ~ ~ _ ~ ~ O .~~~~.' ~ ~ ~=~ w ,~j ~p `~, - _ , N C~ .~ C- ~ ~"~ ~' b do `° W 0 ~ ~ ~ v -c Hubert X. Gilroy, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Seth T. Mosebey, Esquire Attorney I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 1-81 -CARLISLE FUEL STOP, INC, TN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. GURINDER P. SINGH, Defendant NO. 07-2332 CIVIL ACTION-LAW PRAECIPE To the Prothonotary: Please reinstate the Complaint in the above-referenced matter. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER B Y Hubert X. Gilroy; Esquire I. D. Number 90916 Seth T. Mosebey, Esquire I. D. Number 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 7 /l I ~~' 7 Attorneys for Plaintiff ~.. ~ ~ ei ~ ~ -rp ~~~~ ~ ~ -rs © ~. ~ f l ~' ....~~ ` J v 1 ~ 1,'"r ' . .,,~,.Y ~ __ D -~" f ~.-a ., -~ ~~ ~ Hubert X. Gilroy, Esquire Attorney LD. No. 299813 MARTSON DEARD(~RFF WILLIAMS OTTO GILROY & FALLER Seth T. Mosebey, Esquire Attorney LD. No. 203~p46 Ten East High Street Carlisle, PA 17013 (717) 243-3341 1-81 -CARLISLE FLT)~L STOP, INC, IN THE COURT OF COMMON PLEAS OF ~'laintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-2332 CNIL ACTION-LAW GURINDER P. SING, Defendant TO: GURINDER P~ SINGH, DEFENDANT N~TICE OF ENTRY OF DEFAULT JUDGMENT You are hereby~,notified that on the ~ day of U~lJ~J~tr , 2007, the following Judgment was entered I against you in the above-captioned action: judgment in the amount of $10,239.14, plus interes~ and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint'. Date: DG'~"d ~tc' ~'~ ~ 6~7 /.S l f ', Prothonotary ~( I hereby certify t at the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Gurinder P. Singh 95-30110t'' Street Richmond Hill, NY 11418 Hubert X. Gilroy, Esquire Attorney I.D. No. 299 3 MARTSON DEARDC~RFF WILLIAMS OTTO GILROY & FALLER Seth T. Mosebey, Esquire Attorney LD. No. 203b46 Ten East High Street Carlisle, PA 17013 (717) 243-3341 1-81 -CARLISLE FULL STOP, INC, ~laintiff v. GURINDER P. SINGI-~, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2332 CNIL ACTION-LAW PRAECIPE Enter default j~dgment in the above-captioned action in favor of Plaintiff and against Defendant in the amoun~ of $10,239.14, plus interest and costs of suit as prayed for in the Complaint, for failure to file an An~wer to Plaintiff s Complaint. I do hereby certify that written notices of intention to file this Praecipe were mailed to the Defendant at the address indicated thereon, on September 18, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By ~~ Seth T. Mosebey, E quire I.D. Number 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: %I~/t~~ :~, ~. - - , '~ __ ~:- Hubert X. Gilroy, Esquire Attorney I.D. No. 2994$ MARTSON DEARDO F WILLIAMS OTTO GILROY & FALLER Seth T. Mosebey, Esqu re Attorney LD. No. 2030, 6 Ten East High Street Carlisle, PA 17013 (717) 243-3341 ', Attorneys for Plaintiff 'j 1-81 -CARLISLE FUE$. STOP, INC, : IN THE COURT OF COMMON PLEAS OF (Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. !~ NO. 07-2332 CIVIL ACTION-LAW GURINDER P. SINGH,', , ~efendant , I IMPORTANT NOTICE TO: GURINDER P. SINGH DATE OF NOTICE: Sertenher lt, 2007 95-30 110"' Strut, Richmond Hill, NY 11418 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR ACT WITHIN TEN (1 t ENTERED AGAINST Y OTHER IMPORTANT F YOU SHOULD' A LAWYER, GO TO C PROVIDE YOU WITH I 1F YOU CANN PROVIDE YOU WITH I) TO ELIGIBLE PERSON OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ~U WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR [GHTS. AKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE [Z TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN ~1FORMATION ABOUT HIIZING A LAWYER. )T AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO (FORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES BY ~ .~ J . ~ .z.~ ~~ Seth T. Mosebey, Es ire I. D. Number 203046 Attorneys for Plaintiff Hubert X. Gilroy, Esgt~i~ Attorney I.D. No. 299 3 MARTSON DEARD F Seth T. Mosebey, Esq ii Attorney I.D. No. 203 ~ Ten East High Street Carlisle, PA 17013 !, (717) 243-3341 i 1-81 -CARLISLE FU v. GURINDER P. SING: COMMONWEALTH COUNTY OF CUMB Seth T. Moseb authority to make this and belief, the Defend that he has knowledge Hill, NY 11418. Said WILLIAMS OTTO GILROY & FALLER ;L STOP, INC, IN THE COURT OF COMMON PLEAS OF 'laintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.07-2332 CNIL ACTION-LAW I, AFFIDAVIT AS TO MILITARY SERVICE pF PENNSYLVANIA ) :SS. AND ) Esquire, being duly sworn according to law, deposes and says that he has fidavit on behalf of his client, and to the best of his knowledge, information t above named is not in the military service of the United States of America, at the said Defendant's last known address is: 95-30110"' Street, Richmond Defendant's place of employment is unknown. ~8.~ ~. ~~ Seth T. Mosebey, Esquire Sworn to and sub cribs before me this ~ day of , 2007. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. P-foe, Notary Public CarWsie eoro, Gxr~beriartd Cotudy My CorrurWSSion Expir>as Aug.18, 2011 Member, Pennsylvania Association of Notaries _~ -_ , -+ J ,,, ,;~ :.a Hubert X. Gilroy, Esq ire Attorney LD. No. 2993 MARTSON DEARDC~RFF WILLIAMS OTTO GILROY & FALLER Seth T. Mosebey, Esq ire Attorney I.D. No. 203.. 46 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorne s or Plainti 1-81 - CARLISLE F L STOP, INC, IN THE COURT OF COMMON PLEAS OF laintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-2332 CIVIL ACTION-LAW GURINDER P. SING : ~efendant . COMMONWEALTH ~F PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Seth T. Mosebe~, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the abov captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedur , a notice of intention to enter default judgment against the Defendant was given to him by mail on September 18, 2007. ~~{ J . Seth T. Mosebey, Esquire Sworn to and subscril before me this '~ ~~I 1~~~, s Not ublic of , 2007. ~mVNWEALTH OF PENNSYLVAI Notarial Seel oa~ee ~ C~amty / Commission Expires Auy.15,1011 CERTIFICATE OF SERVICE I, Mary M. Prue, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, depositing same in the follows: certify that a copy of the foregoing Praecipe was served this date by Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as Gurinder P. Singh 95-30110"` Street Richmond Hill, NY 11418 MARTSON LAW OFFICES B ` ,~ Y M .Price Ten E st High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~ p~ ~~D f ~~ ~~ ~ I ~~ 1 ~~ ~~ ~ ~ ~l X71' ~ c~ ti H P5~" ~d oQ~~~~ 4 -, l~~ :~ ~ ,. ,, ;,,-v~,,,n,:,:~ n~~~ COURT, GJ,t~r'~~L'~ti~ COUNTY, STATE OF ~ ~t,~1 ~ I~r~n~G ..::4.~ s 1~;....~:~~..1..~.,~ 1.~~. ................. PI ~ i nti ff/~Petiti~erre~r Vs ..~~: ~:.~d~...P....~~n. ........................ Defen~ nt,G~e~eit STATE OF NEW YORK } COUNTY OF QUEENS } SS: ____--- being over t`he age of eigf~te stamens cam a n notice e~rec'atron in the above titled approximately .2~"~ ~~ ~~'s ;~-~c~ upon SHERIFF'S AFFIDAVIT OF SERVICE Sheriff's Case No. t~7UiSg ~(a Index No. v 7 ~- .~3-3 Z _, being duly sworn, affirms that s he is a Deputy Sheriff of the City of New York, n years, is not a party to this action or proceeding, and served the annexed, etttien su~seaa ewer t~e~~~rav~rez~use -~2~+#~--sa>~-aat+ce action or proceeding on the .~ ~~ day of .~.~ -~, - , 20~ 7 , at in the borough of Queens, County of Queens, service was made t-- ,the defendanteadea-t, in the following manner PERSONAL ~ y delivering to and leaving with the above named defendant/respondent SERVICE ersonally a true copy thereof, said person being known as the person entioned and described herein. ALTERNATE ~ y delivering to and leaving with, , PERSON person of suitable age and discretion, who is (RESIDENCE) t the defendant/respondent. A true copy thereof. Said address is the dwelling lace of the parry served. ALTERNATE ~ y delivering to and leaving with, , PERSON , a person at the defendant's/respondent's place (EMPLOYMENT) o employment. MAILED ~ n I mailed the by first class mail to the d lefendant/respondent at his/her last known residence/actual. place of business in a envelope bearing the legend 'PERSONAL AND CONFIDENTIAL" and not i dicating on the outside thereof, by return address or otherwise, that the c mmunication is from an attorney or concerns an action against the d efendant/respondent. CORPORATION ~ B delivering to and leaving with, a true copy thereof. Said person stated he/she was an agent authorized to accept service o legal process. DESCRIPTION T e person served is Mae re-~,-„~,~;nd approximately: A ~e~37 Height~8~~ Weight:.~vE>I_ls Skin: ~~li~ Hair: ~~w k- SWORN BEF RE ME ~-~- This day of rte rd DEPUTY SHERIFF ~ ~ssioner o eels /~~~`+' ~~y Al N@W YOIk N0.4•5035 ~ 2~2vo~ ~~nr rtlt-~t~,~lled in 4ueens, Cty ~m~nlselon Expires 5 ~ ~ _ ~ ~ r.,,t , , f _ ~ ~ (`i --... _' J 4 _ _. _ _.~. i ~ _[ d ~. W ,~'~