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Home My WebLink About05-4079F TILFSVDATAPILEAHighle &'Tire\Cun tA 0A20_coml Cre.¢ 7128/05 9'.55AM Rcv d. 7/28105 1192AM 11065 20 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CARLISLE CAR & TRUCK, INC, t/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff V. MIKE POE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 0J 410 I q c,ex f JURY TRIAL OF TWELVE DEMANDED 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 HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CARLISLE CAR & TRUCK, INC, t/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff V. MIKE POE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. d S_ goo( G.ri-f LAJ,- JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/d/b/a Highlands' Tire and Service Centers, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Carlisle Car and Truck, Inc., t/d/b/a Highlands' Tire and Service Centers is a Pennsylvania corporation with a principal place of business at 1257 Mt. Holly Pike, Carlisle, PA 17013. 2. Defendant Mike Poe, is an adult individual with a last known address of 1436 Freeland Road, Freeland, Baltimore County, Maryland 21053. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was Two Thousand One Hundred Ninety-Six Dollars and Forty-Two Cents ($2,196.42). 4. Plaintiff issued invoices for the work performed on each of these dates of service. A Statement of Account referencing each invoice is attached hereto and labeled as Exhibit "A." 5. Plaintiff has demanded and Defendant has failed to pay the amount due. 6. Plaintiff has fulfilled, performed and complied with all obligations and conditions agreed upon for the parts and service. COUNTI BREACH OF CONTRACT 7. Plaintiff hereby incorporates by reference averments contained in Paragraphs 1 through 6 of this complaint. 8. Defendant breached the expressed and implied obligations, conditions and terms of the contract by failing to pay the amount stated herein. WHEREFORE, Plaintiff demands judgment against Defendant Mike Poe in the amount of Two Thousand One Hundred Ninety-Six Dollars and Forty-Two Cents ($2,196.42), plus interest, attorneys' fees and costs of suit. COUNT II IN QUANTUM MERUIT 9. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 8 of this Complaint. 10. Having requested Plaintiff to perform service and/or to provide parts, and doing so to the benefit of Defendant, Defendant became liable to Plaintiff for said parts service. 11. Defendant has been unjustly enriched by accepting said service and/or parts without paying Plaintiff reasonable compensation therefor. 12. The total amount by which Defendant has become enriched is Two Thousand One Hundred Ninety-Six Dollars and Forty-Two Cents ($2,196.42), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Mike Poe in the amount of Two Thousand One Hundred Ninety-Six Dollars and Forty-Two Cents ($2,196.42), plus interest, attorneys' fees and costs of suit. MARTSON DEAPAORFF WILLIAMS & OTTO David R. Galloway Attorney I.D. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 10, 2005 Attorneys for Plaintiff MICHELIN - BFGOODRICH • BRIDGESTONE • UNIROYAL • MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 125- MT. HOLLY PIKE • CARLISLE, PA 17013 (717) 243-1362 STATEMENT OF ACCOUNT 12:/31/03 6POE10 MIKE POE :21213 RIDGE ROAD F-REELAND, MD 21053 Last Payment: 01/09/03 for S 890.00 11/30/ 16ns4 a Nrv.invoice 1.1/30/_2 1353+ b Prv. Invoice 11!30/.2: 1522 a Prv.Invoice 12/02/ 1564 a Prv. Invoice rer t: uver, 0."0 0 1336. 381.. 32. EXHIBIT "A' 0. v70 0.00 21.9Es. 42 e charge v! 1 In% per" mi h 18% APR will I, nd.lal m all ove.nlue aa-ouuL?. Ako I?or all Icgal vtJ colL:ction ltrs. )UNT DUE IN THE FUTURE 0.00 Pay now VERIFICATION I, JERRY ZARY, Controller of Carlisle Car & Truck, hic, t/d/b/a Highlands' Tire and Service Centers (hereinafter "Highlands"), acknowledge that I have the authority to execute this Verification on behalf of Highlands 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, information 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 1S Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I maybe subject to criminal penalties. Carlisle Car & Truck, Inc, t/d/b/a Highlands' Tire and Service Centers Jerry arj, Con ler Dated: August 10, 2005 6 CN ct, .a Curtis R. Long Prothonotary (Office of the i9rotbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0-1c? - Y612 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 0 Fax (717) 240-6573