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Home My WebLink About09-15006 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 98732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LIBERATOR PERFORMANCE SALES & SERVICE, INC., Plaintiff V. J.H. BRANDT ASSOCIATES, INC., and J.H. BRANDT, an individual, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2009 - 15-06 CIVIL TERM : CIVIL ACTION - LAW NOTICE TO DEFEND 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 89732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF LIBERATOR PERFORMANCE SALES & SERVICE, INC., Plaintiff V. J.H. BRANDT ASSOCIATES, INC., and J.H. BRANDT, an individual, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2009 -1,566 CIVIL TERM CIVIL ACTION - LAW COMPLAINT NOW comes the plaintiff, Liberator Performance Sales & Service, Inc., by its attorney, Stacy B. Wolf, Esquire, and presents the following Complaint, representing as follows: 1. The Plaintiff is Liberator Performance Sales & Service, Inc. (hereinafter referred to as "Plaintiff"), a Pennsylvania corporation doing business at 1970 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendants are J.H Brandt Associates, Inc., a Pennsylvania corporation doing business at 657 Forge Road, Carlisle, Cumberland County, Pennsylvania 17013 and JH Brandt, the individual owner of J.R Brandt Associates, Inc. (hereinafter referred to as "Defendants"). 3. From 2004 until 2008, Defendants regularly brought their company automobiles to Plaintiff's repair shop for service. 4. Plaintiff serviced Defendants' automobiles and provided invoices to Defendants for services rendered. 5. Beginning in November, 2007, Defendants stopped making payments on their outstanding invoices owed to Plaintiff. 6. Defendants have not paid the following invoices: November 12, 2007 in the amount of $2,448.60; November 20, 2007 in the amount of $498.20; December 4, 2007 in the amount of $1,000.00; January 2, 2008 in the amount of $477.00; and April 10, 2008 in the amount of $15,319.12. True and correct copies of Plaintiff's outstanding invoices are attached hereto as Exlubit A. 7. The invoices submitted to Defendants that have not been paid total $19,742.92. 8. Defendants have not paid any amount to Plaintiff in accordance with their oral agreement to compensate Plaintiff for services rendered. 9. Plaintiff is entitled to payment for work performed in accordance with the oral agreement between the parties. COUNT I - BREACH OF CONTRACT 10. Plaintiff incorporates by reference paragraphs 1 through 9 as if set forth in full herein. 11. Plaintiff performed services on behalf of Defendants. 12. The work performed was done by Plaintiff at the request of Defendants. 13. Defendants expressly agreed to pay Plaintiff. 14. Defendants' failure to pay Plaintiff constitutes a breach of the parties' agreement. 15. Defendants' breach of their oral agreement to pay Plaintiff for services related to Defendants' company automobiles has caused the damages suffered by Plaintiff. WHEREFORE, Plaintiff, Liberator Performance Sales & Service, Inc., prays that this Honorable Court enter judgment for the Plaintiff and against Defendants, JH Brandt Associates, Inc. and J.H. Brandt, an individual, in the amount of $19,742.92, together with interest and costs of this action and any additional relief the Court deems appropriate and just. Respectfully Submitted, WOLF & WOLF March /0. 2009 BY: ' ?TACY B. OLF, ESQUI Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 LIBERATOR PERFORMANCE SALES & f+ r. n r.FT/" r. TA rr 1970 Spring Road Carlisle, PA 17013 Phone # 717-249-2255 Fax# 717-249-2042 EIN#25-1.873415 Bill To J.H Brandt Assoc. 657 FORGE ROAD CARLISLE PA 17013 Invoice Date Invoice # 11/12/2007 12162 P.O. No. Terms Project Due on receipt Quantity Description Rate Amount 1 ALTERNATOR 400.00 400.OOT 1 VACCUM PUMP 145.00 145.OOT 1 #I AND #7 INJECTOR 600.00 600.OOT 1 ICP SENSOR 145.00 145.OOT LIGHTS' 250.00 250.OOT R&R VACUUM PUMP 60.00 60.OOT R&R ALTERNATOR 150.00 150.OOT R&R 2 INJECTORS AND O-RINGS 350.00 350.OOT n Q-D TOP SENSOR 180.00 180.OOT LIGHTS 30.00 30.OOT I >RD F350 s Tax I I 6.00% 138.60 L5% AFTER 30 DAYS OF INVOICE DATEM!!!!!!!! Total $2,448.60 EXH161-F A LIBERATOR PERFORMANCE SALES & VVhT"T.- r., TAT/ 1970 Spring Road Carlisle, PA 17013 Phone # 717-249-2255 Fax# 717-249-2042 EIN#25-1873415 Bill To 7.H Brandt Assoc. 657 FORGE ROAD CARLISLE PA 17013 Invoice Date Invoice # 11/20/2007 11866 P.O. No. Terms Project Due on receipt Quantity Description Rate Amount 2 FRONT SHOCKS 80.00 160.OOT 2 REAR SHOCKS 80.00 160.OOT R&R FRONT AND REAR SHOCKS 150.00 150.OOT 2003 FORD F350 00% 6 28.20 Pa. Sales Tax . INTEREST WILL BE CHARGED 1.5% AFTER 30 DAYS OF INVOICE DATE!!!!!!!!!!! 20 498 Total $ . LIBERATOR PERFORMANCE SALES & 0T'7) LrT/'T' TAT/' 1970 Spring Road Carlisle, PA 17013 Phone # 717-249-2255 Fax# 717-249-2042 EIN#25-1873415 Bill To ].H Brandt Assoc. 657 FORGE ROAD CARLISLE PA 17013 Invoice Date Invoice # 12/4/2007 11609 P.O. No. Terms Project Due on receipt Quantity Description Rate Amount RENTAL OF TRAILER 6-27-07 TO 11-27-07 $200.00 PER MONTH Pa. Sales Tax 1,000.00 6.00% 1,000.00 0.00 INTEREST WILL BE CHARGED 1.5% AFTER 30 DAYS OF INVOICE DATE!!!!!!!!!!! Total $1,000.00 J.H Brandt Assoc. 657 FORGE ROAD CARLISLE PA 17013 1970 Spring Road Carlisle, PA 17013 Phone # 717-249-2255 Fax# 717-249-2042 EIN#25-1873415 Bill To Quantity Description IISTARTER R&R STARTER, CHARGE BATTERY 2003 FORD F350 Pa. Sales Tax P.O. No. Invoice Date Invoice # 1/2/2008 12316 Terms Due on receipt T Rate Project Amount 350.00 350.OOT 100.00 1 OO.OOT 6.00%1 27.00 INTEREST WILL BE CHARGED 1.5% AFTER 30 DAYS OF INVOICE DATE!!!!!!!!!!! Total $477.00 Invoice EIN#25-1873415 I Bill To J.H Brandt Assoc. 657 FORGE ROAD CARLISLE PA 17013 Due on receipt Quantity Description I Rate Amount 1 FUEL PUMP 400.00 400.OOT 1 NEW MOTOR 8,500.00 8,500.OOT I BACK PRESSURE TUBE 60.00 60.OOT I BEARING KIT 200.00 200.OOT I INPUT SHAFT 350.00 350.OOT 1 FLY WHEEL 110.00 110.OOT PILOT BEARING 20.00 20.OOT I CLUTCH 650.00 650.OOT 1 RADIATOR 315.00 315.OOT 1 BACK UP-SWITCH 45.00 45.OOT I SPEED SENSOR 35.00 35.OOT 4 CANS 134A 15.00 60.OOT 1 AIR FILTER 50.00 50.OOT OIL 30.00 30.OOT 1 OIL FILTER 15.00 15.OOT 4 GALLON ANTI-FREEZE 20.00 80.OOT 8 QTS ATF 5.25 42.OOT 12 CLEANER 5.00 60.OOT CHANGE OIL FILTER CART AND OIL 30.00 30.OOT R&R MOTOR 1,500.00 1,500.00T R&R RADIATOR 200.00 200.OOT CHARGE A/C 0.00 0.00 REPAIR TRANSMISSION AN INSTALL CLUTCH 500.00 500.OOT R&R IMPUT SHAFT AN BEARING 1,200.00 1,200.OOT 1999 FORD F450 Pa. Sales Tax 6.00% 867.12 Date ft4wa # 4/10/2008 12600 P.O. No. Terms I Project 4TEREST WILL BE CHARGED 1.5% AFTER 30 DAYS OF INVOICE DATE!!!!!!!!!!! Total $15,319.12 VERIFICATION I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ,J March 10, 2009 Lavana B. Shaw Liberator Performance Sales & Service, Inc. Plaintiff N ' `-- r7l -r m = E Q Sheriffs Office of Cumberland County R Thomas Kline a ptr st cumber Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy orsCE i HE $"IRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/12/2009 02:37 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2009 at 1437 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: J.H. Brandt Associates, by making known unto Jay Brandt, adult in charge, at 657 Forge Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/12/2009 02:37 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2009 at 1437 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jay Brandt, by making known unto Jay Brandt personally, at 657 Forge Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $48.50 (PAID) March 13, 2009 SO ANSWERS, ?r R THOMAS KLINE, SHERIFF Deputy' Sheriff Docket No. 2009-1500 Liberator Performance v J.H. Brandt Associates ?? '= 9 t? 'Z 1 ° . r rC {? I-M ? N STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF LIBERATOR PERFORMANCE : IN THE COURT OF COMMON PLEAS OF SALES & SERVICE, INC., : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : NO. 2009 -1500 CIVIL TERM J.H. BRANDT ASSOCIATES, INC., and J.H. BRANDT, an individual, Defendants : CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO PA.R.C.P.1037(b) To the Prothonotary: Please enter judgment by default in accordance with Pa.R.C.P.1037(b) in the above matter, (1) For Liberator Performance Sales & Service, Inc., Plaintiff, and against J.R Brandt Associates, Inc. and J.H Brandt, in the amount of $19,742.92 plus interest and costs for Defendants' failure to file within the required time a pleading in response to Plaintiff's Complaint. (2) The undersigned certifies that a written notice of intention to file this praecipe was mailed to Defendants on April 6, 2009 following Defendants' failure to plead in response to Plaintiff's Complaint and more than ten (10) days has passed prior to the filing of this praecipe. A true and correct copy of the Notice has been attached hereto as Exhibit "A." & WOLF April 21, 2009 By: Stacy B. old Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF LIBERATOR PERFORMANCE : IN THE COURT OF COMMON PLEAS OF SALES & SERVICE, INC., : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : NO. 2009 -1500 CIVIL TERM J.H. BRANDT ASSOCIATES, INC., and J.H. BRANDT, an individual, Defendants : CIVIL ACTION - LAW IMPORTANT NOTICE TO: J.H. BRANDT ASSOCIATES, INC. DATE OF NOTICE: April 6, 2009 and J.H. BRANDT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 WOLF & WOLF By: Stacy B. W lf, Esquire 10 West Hikh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff LIBERATOR PERFORMANCE : IN THE COURT OF COMMON PLEAS OF SALES & SERVICE, INC., : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : NO. 2009 -1500 CIVIL TERM J.H. BRANDT ASSOCIATES, INC., and J.H. BRANDT, an individual, Defendants : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing document upon the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL: J.H. Brandt Associates, Inc. J.H. Brandt 657 Forge Road Carlisle, PA 17013 WOLF & WOLF April A/ , 2009 By: f ST CY WOLF, t 9-(4U1 Attorney or Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 1 f THE 2009 APR 21 P 4 2: -0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment LIBERATOR PERFORMANCE [ Other SALES & SERVICE, INC., PLAINTIFF ;File No. 2009-1500 V. Amouvi Due $19,742.92 Interest $5,018.30 (as of 5/8/09) J.H. BRANDT ASSOCIATES, INC., Atty's Comm and J.H. BRANDT, an individual, DEFENDANTS Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant (s) ie-,rw „nr,n >huGin s Rroperty, including but not limited to inventory anti equipment, personal property, including but not limited to -a ea?i.l.es of Defendants at 657 Forge Road, Carlisle, PA 17013. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of. , County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the Possession, custody of control of the said garnishe(s). ? (Indicate) Index this writ against the garnishee (s) as a lis Pend against real estate of the defendant(s) described in the attached exhibit. Date M? R, 2009 Signature: -? Print Name: Stacy 6/ Wolf Es u Address: in West High Street enrliSle, PA 17013 Attorney for: Plaintiff Telephone: 71 7-941 -4436 Supreme Court ID No: 88732 t 0 (- LE?O'FRGE OF THE mC?THt3NOTARY 2009 MAY -8 PM 4, 13 U4. oo PO 4'-"1 48.5o C8F 78. SO 1q. Do " A. so -41617.50 - Pa "rry 44.00 +Due Cc, • 50 cc. cg.?- a41 R3* aaftS U)ri+of Ey, 4MA"-d WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1500 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LIBERATOR PERFORMANCE SALES & SERVICE, INC., Plaintiff (s) From J.H. BRANDT ASSOCIATES, INC., and J.H. BRANDT, an individual, 657 Forge Road, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell business property, including but not limited to inventory and equipment, personal property, including but not limited to automobiles of defendants at 657 Forge Rd, Carlisle, PA 17013. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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. Amount Due $19,742.92 Interest from 5/08/09 -- $5,018.30 Atty's Comm % Atty Paid $167.50 Plaintiff Paid Date: 5/08/09 L.L. $.50 Due Prothy $2.00 Other Costs 676s R. Long on (Seal) By: Deputy REQUESTING PARTY: Name STACY B. WOLF, ESQUIRE Address: WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-241-4436 Supreme Court ID No. 88732