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HomeMy WebLinkAbout05-4080 Fc\FILES\DA T AFILEI,HighJands' Tirc\CulTen\\8 1\81.com2 Crealed, 7127/05 .1,S8PM Revised 7/28105927AM 1106581 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, tld/b/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : CIVIL ACTION - LAW : NO. 0 S- - 'i 0 g 6 ~~ v. JAY DEAN HOCKENBERRY, a!k/a JD HOCKENBERRY Defendants 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE CAR & TRUCK, INC, t/dlbfa HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff : CIVIL ACTION - LAW : NO. 05- 'tofO c.......-...:..t --J~ v. JAY DEAN HOCKENBERRY, alkJa JD HOCKENBERRY Defendants : JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/dlbfaHighlands' Tire and Service Centers, by and through its attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I. Plaintiff Carlisle Car and Truck, Inc., t/dlbfa Highlands' Tire and Service Centers is a Pennsylvania corporation with a principal place of business at 1257 Mt. Holly Pike, Carlisle, P A 17013. 2. Defendant Jay Dean Hockenberry, alkJa JD Hockenberry, is an adult individual with a last known address of 50 Lonesome Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiffsold parts and provided service to Defendant on various dates. The total cost for parts and service was Two Hundred Fifty-Four Dollars and Forty Cents ($254.40) 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. COUNT I 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 Jay Dean Hockenberry, alk/a JD Hockenberry, in the amount of Two Hundred Fifty-Four Dollars and Forty Cents ($254.40), 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 ofthis 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 Hundred Fifty- Four Dollars and Forty Cents ($254.40), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Jay Dean Hockenberry, alk/a JD Hockenberry, in the amount of Two Hundred Fifty-Four Dollars and Forty Cents ($254.40), plus interest, attorneys' fees and costs of suit. MARTS ON DEARDO WILLIAMS & OTTO Date: August 10, 2005 By ~ David R. Galloway Attorney I.D. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff LI ~3LE CAR & 7 MT. HOLLY LISLE, PA. TRUCK PIKE 17013 HISIIlJlNflS' 8WNJWR~' INC. 01/17/05 MICHELIN BFGOODRICH UNIROYAL KELLY BRIOGESTONE SIGMA AND MANY OTHER BRANDS AVAILABLE 1 :0'3pm 7)243-1382 **** WORK ORDER **** , CASH01 ~ustt' NNo Jp HOCKENBERRY .....us. ame . ~ddress 50 LONESOME RD NEWVILLE, PA 17241 / Vehicle Info Make Model Year Miles Lie. No, : VW : JETTA : 1'3'3'3 0.0 Item Number Oescr,ptlon Quantity' Pnce FE r I Extended iE FLOWMASTER EXHAUST PAYMENT-CASH? MAILEDE TO CUSTOMER 10/20/04 1.00 -1.00 1.00 0.00 0.00 0.00 2'30.00 50.00 0.00 EXHIBIT "A" Received By X A service charge of I 112% per month 18% APR will be added to all overdue accounts. Also liable for all legal and collection fees. PAYMENT DUE 10TH OF EACH MONTH. Sub Total Tax Total 0.00 0.00 0.00 2'30.00 -50.00 0.00 240.00 14.40 Amount Due 254.40 VERIFICATION I, JERRY ZARY, Controller of Carlisle Car & Truck, Inc, 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 bymy 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 ofthis 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. 94904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Carlisle Car & Truck, Inc, tld/b/a Highlands' Tire and Service Centers ~:t~ troller Dated: August 10, 2005 0 0;;,.; Q. ~...~ ~ ::?::Q 12 2: fl'r::: G~ -0'"'" - -'J1: ~ Cl '9,C> "._J :.r::;" l\~ ?" 95 - :;;; ts"n , , ~ ?;; .C4 ~ :2 ~ ~ ~ - <t\ ~ ~ ~ ...l ~ t ~ ).) r ~ - --- SHERIFF'S RETURN - REGULAR CASE NO: 2005-04080 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS HOCKENBERRY JAY DEAN ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOCKENBERRY JAY DEAN AKA J D HOCKENBERRY the DEFENDANT , at 1010:00 HOURS, on the 25th day of August , 2005 at 50 LONESOME ROAD NEWVILLE, PA 17241 by handing to JAY HOCKENBERRY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18,00 6.40 ,37 10.00 .00 34.77 c.."?" /.# ~d:;"""",~,;~ R. Thomas Kline 08/26/2005 MDW&O me this )/ day of B~t-B j",o Deputy Sheriff Sworn and Subscribed to before A.D. Of Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CARLISLE CAR & TRUCK, INC, tld/b/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff : CIVIL ACTION - LA W : NO. 05-4080 CIVIL TERM v. JAY DEAN HOCKENBERRY, aIkIa J.D. HOCKENBERRY Defendant : JURY TRIAL OF TWELVE DEMANDED TO: JAY DEAN HOCKENBERRY a/k1a J. D. HOCKENBERRY, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on October ;J..k, 2005, the following Judgment was entered against you in the above-captioned case: Judgment inn favor of Plaintiff and against Defendant in the amount of $254.40 plus reasonable attorneys' fees, costs of suit and interest from date of judgment at 6% per annum for Defendant's failure to file an answer to the Complaint. /t . ~---l J ^.t t:j Prothonotary K:h U J I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Jay Dean Hockenberry a/k!a J. D. Hockenberry 50 Lonesome Road Newville, PA 17241 Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CARLISLE CAR & TRUCK, INC, t/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LA W : NO. 05-4080 CIVIL TERM v. JAY DEAN HOCKENBERRY, a/kla J.D. HOCKENBERRY Defendant : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $254.40 plus reasonable attorneys' fees, costs of suit and interest from date of judgment at 6% per annum for Defendant's failure to file an answer to the Complaint. I hereby certifY that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to Defendant at his last known address on October 7, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. F WILLIAMS & OTTO By Dated: October 26, 2005 Carl . isch Attorney LD. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for PlaintitI F \flLES\DAT AF1LE\Highlands' Tire\Curren\\S l\g!. (ada~'nolice Created U61US 1U)IAM R"vi5<'d \Om05 !!40AM Carl C. Risch, 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, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plainliff : CIVIL ACTION - LAW : NO. 05-4080 CIVIL TERM v. JAY DEAN HOCKENBERRY. aJkla J.D. HOCKENBERRY Defendants : JURY TRIAL OF TWELVE DEMANDED TO: Jay Dean Hockenberry a/kJa J. D. Hockenberry IMPORT ANT NOTICE 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 MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carl isle, P A 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO e~~Q By Carl C. Risch, Esquire 1.0. 7590 I Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 7, 2005 Attorneys for Plaintiff By~l\~~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: MARTSON DEARDORFF WILLIAMS & OTTO Dated: October 26, 2005 ~~ ~ '?- ;'--, C;\ -' ...~ ( , ~ '.:_' - c ~ R .. Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE CAR & TRUCK, INC, tJdlb/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff : CIVIL ACTION - LAW : NO. 05-4080 CIVIL TERM v. JAY DEAN HOCKENBERRY, aIkIa J.D. HOCKENBERRY Defendants : JURY TRIAL OF TWELVE DEMANDED PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) (2) (3) (4) directed to the Sheriff of Cumberland County; against Jay Dean Hockenberry aIkIa J. D. Hockenberry, having an address of 50 Lonesome Road, Newville, P A 17214. Index this writ against Jay Dean Hockenberry aIkIa J. D. Hockenberry, Defendant. The amount due Attorney's Fees Interest from 10/26/05 at the rate of$.07 per day Costs to be added Total $254.4.Q $100.00 $ * $--* $-- Direct the Cumberland County Sheriffto execute upon any and all personal property that is owned by the above Defendant. * To be determined by the Sheriff of Cumberland County MARTSON DEARDORFF WILLIAMS & OTTO ) By: Carl C. Risch, Esquire I.D. Number 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: December 27,2005 ~ -- ~ <.I.J -l 0J --. - C"'- D - \"'\) \' s-. d ,..J ....j ( \..)-:> '-'\ ---.. \' ~ ~ -f--. V\ 0'\-- -- 'l:9 -.J ~ ~ '6 ~ '-' ZJ ..1" , -l 1::. s'] ,...., () = ~; = --ll ('~,~, c:> rn c- 1'-" -J :r:'~ <:5 .r 0;;- ~f\J -------- ~ ~ . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4080 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CAR & TRUCK, INC., tld/b/a HIGHLANDS' TIRE & SERVICE CENTERS Plaintiff (s) From JAY DEAN HOCKENBERRY a/k/a J.D. HOCKENBERRY, 50 LONESOME ROAD, NEWVILLE PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OWNED BY DEFT.. (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 liimlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $254.40 Interest FROM 10/26/05 @ $.07 PER DIEM Atty's Comm % Atty Paid $116.77 Plaintiff Paid Date: DECEMBER 27, 2005 (Seal) REQUESTING PARTY: Name CARL C. RISCH, ESQ. Address: TEN E. HIGH ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-3341 Supreme CODIt ID No. 75901 L.L. $.50 Due Prothy $ 1.00 Other Costs r-~~ CURTIS R. LONG -- 1 Prothonotary By: Deputy Carl C, Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE CAR & TRUCK, INC, t/dfb/a HIGHLANDS' TIRE & SERVICE CENTERS. Plaintiff : CIVIL ACTION - LAW : NO, 05-4080 CIVIL TERM y, JA Y DEAN HOCKENBERRY, a!k/a J,D, HOCKENBERRY Defendants : JURY TRIAL OF TWELVE DEMANDED PRAECIPE To the Prothonotary: Please mark the above captioned matter settled and discontinued, the judgment satisfied, and issue a certificate reflecting the same, Date: March 13,2006 :ART((iORFF WILLIAMS & alTO Carl C, Risch, Esquire 1.0, Number 75901 Ten East High Street Carlisle, PAl 70 13 (717) 243-3341 Attorneys for Plaintiff ~, . R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Mise, Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 5.09 .50 1.00 10.56 20,00 20.00 ,74 75,89 Sworn and Subscribed to before me ..., "'1L"YO~ 2006 A.D..tJr .. P T Y 331~~o- Pd by Defendant ~ . So Answers; ~~ ~4:.., R. Thomas Kline, Sl'ieriff ~c~i~r~rJJ ~ ~ OZ :b -V 97. :nn ~\\\I! ...fi'ljltFa~l\~ 'Vd '>.l~\10~il ;1035\;1;10 ;I~\\13n~ ;> l~\~~~\ \,5'" '*..!S'314\ e...... I"'J~'I!t. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4080 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CAR & TRUCK, INC., tldlb/a HIGHLANDS' TIRE & SERVICE CENTERS Plaintiff(s) From JAY DEAN HOCKENBERRY alkla J.D. HOCKENBERRY, 50 LONESOME ROAD, NEWVILLE PA 17241 (I ) You are directed to levy upon the property of the defendant (s land to sell ANY AND ALL PERSONAL PROPERTY OWNED BY DEFf. . (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(8) is enjoined from paying any debt to or for the account oflhe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $254.40 Interest FROM 10/26/05 @ $.07 PER DIEM Ally's Comm % Ally Paid $116.77 Plaintiff Paid Date: DECEMBER 27, 2005 L.L. $.50 Due Prothy $ 1.00 :t~~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name CARL C. RISCH, ESQ. Addre8s: TEN E. mGH ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-3341 Supreme Court ill No. 75901 .~ , '~~"\': "'-~' '~.,-, :\. .\. ~. ... . DISTRIBUTION ATTY FOR PLTFF: Carl Risch WRIT NO. 2005-4080 Civil Carlisle Car & Truck, Inc" T/D/B/A Highland's Tire & Service Centers -vs- Jay Dean Hockenberry, NKI A J.D. Hockenberry Real Debt Interest Attorney's Comm, Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 254.40 8,40 116,77 $ 379.57 Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postage Advertising Postpone Sale Bad Check Charge Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected $ 18.00 5,09 .50 1.00 10.56 ,74 20,00 20.00 $ $ $ 75,89 455.46 150.00 605.46 DISTRlBUTION Pd. To Pltff, Refund of Adv. Costs Pd. To Prothonotary $ 379,57 150,00 1.50 So Answers: #r __ ,~~.# R. Thomas Kline, Sheriff BYcJQuJh.., ~.