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Home My WebLink About05-4081 F:\FlLES1.DA T AF!LE\Highlands' Tire\Currenl\ 73\ 73com2 Created: 7/27/05 \(),19AM Revised 7!28/()S 931AM 1106513 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Plaintiff CARLISLE CAR & TRUCK, INC, Vd/b/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW \ _ /..0 ~ : NO. os-- tyo<6( ~ v. BRIAN FRY, Defendant : 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 CARLISLE CAR & TRUCK, INC, Vd/b/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. ()s- 4o~/ c:..-v,'/ - II- ~'~ BRIAN FRY, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes PlaintiffCarlis1e Car and Truck, Ine., t/dIb/aHighlands' 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/dIb/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 Brian Fry is an adult individual with a last known residence of 411 Forge Road, Cumberland County, Boiling Springs, Pennsylvania 17007. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was Two Hundred Eighty Dollars and Seventy-Four Cents ($280.74). 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 Brian Fry in the amount of Two Hundred Eighty Dollars and Seventy-Four Cents ($280.74), plus interest, attorneys' fees and costs of suit. COUNT II IN QUANTUM MERUIT 9. Plaintiff hereby incorporates by reference the averments contained in Paragraphs I 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 Hundred Eighty Dollars and Seventy-Four Cents ($280.74), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Brian Fry in the amount of Two Hundred Eighty Dollars and Seventy-Four Cents ($280.74), plus interest, attorneys' fees and costs of suit. MARTS ON DE By0 David R. Galloway Attorney LD. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 F WILLIAMS & OTTO Date: August 10, 2005 Attorneys for Plaintiff LISLE CAR & TRUCK INC, 7 MT. HOLLY PIKE LISLE, PA. 17013 H.... i'.' i~..' 'II.! .1'- . II.N. . .1))(1." "'RE &....SERVfC.'. .uni ". '. CENTERS 01/17/05 MICHELIN BFGOODRICH UNIROYAL KELLY BRIDGESTONE SIGMA AND MANY OTHER BRANDS AVAILABLE 1 :llpm 7)243-13B2 **** WORK ORDER **** Cu,!. No. CASH01 Cust. Name BRIAN FRY Addr, 411 FORGE RD es BOILING SPRINGS, PA 17007 717/25B-&7B2 717/ Make Model Vehicle Info Year Miles Lie. No. : GMC : SUBURBAN : 1991 .la0B13.0 , FGV9929 Item Numbm I DeSCription I Quantity Price I FET: I Extended NSP STATE INSPECTION-SAFETY CHECK 1.00 lB.00 0.00 0.00 lB.00 'E BRAKES,LF-10/R,RR-B/R 1. 00 0.00 0.00 0.00 0.00 'E TIRES,RF-14/32NDS,RR-10/32NDS 1. 00 0.00 0.00 0.00 0.00 'E MECH-DAN 1.00 0.00 0.00 0.00 0.00 )2729 L T265/75R16 LRC TRAIL AP ORWL MED 2.00 104.71 0.27 0.00 209.96 ,00& METAL VALVE 2.00 4.50 0.00 0.00 9.00 \015 COMPUTER WHEEL BALANCE LIGHT TRUCK 2.00 9.00 0.00 0.00 lB.00 ~2 PA Tl RE FEE 2.00 1. 00 0.00 0.00 2.00 .T CASING DISPOSAL LIGHT TRUCK TIRE 2.00 4.00 0.00 0.00 a.00 IOL CUSTOMER DENIED ROAD HAZARD 2.00 0.00 0.00 0.00 0.00 'E MAILED TO CUSTOMER 06/29/04 1. 00 0.00 0.00 0.00 0.00 E MAILED TO CUSTOMER 07/09/04 1.00 0.00 0.00 0.00 0.00 E GAVE JERRY THE INFO ON THIS... 1.00 0.00 0.00 0.00 0.00 EX'UBIT "A" Received By X A. service charge of 1 1/2% per month 18%,APR wit! be added to all overdue accounts. Also iable for all legal and collection fees. PAYMENT DUE lOTH OF EACH MONTH. Sub Total TIP' DIscount FE r I Part'" Labor Other Tax Total 209.42 0.54 Am,."'.... ..... 9.00 36.00 10.00 0.00 264.% 15.7B VERIFICATION I, JERRY ZARY, Controller of Carlisle Car & Truck, Inc, tld/b/a Highlands' Tire and Service Centers (hereinafter "Highlands"), acknowledge that I have the authority to execule 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 preparalion ofthis 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 18 Pa, CoSo S 4904 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, Vd/b/a Highlands' Tire and Service Centers J~AC oUY C Her Dated: August 10, 2005 J:::::::, - ~ -1 <.N )-> (A o ~~~ "L> ~ ~ ., " .~,' :2 () \f.~ - u\ (/' . \ ~ 'i'-- tA C><I 9 Q. ~ "" ~"I-:Q 7 c::- (;1 -o~ ~ -- C"S 0 (: C) ,,?-'" ,-(j "7" (z?- -;;; q 6 A -(:...... ~ ?:'l .2; v::> - --- SHERIFF'S RETURN - REGULAR CASE NO: 2005-04081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC T AL VS FRY BRIAN SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FRY BRIAN the DEFENDANT , at 1335:00 HOURS, on the 2nd day of September, 2005 at 411 FORGE ROAD BOILING SPRINGS, PA 17007 by handing to BRIAN FRY 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 18.00 4.00 .37 10.00 .00 32.37 So Answers: ~/~~~ R. Thomas Kline 09/06/2005 MDW&O Sworn and Subscribed to before By: ~u!v ri: me this of A.D. F \fILES\DA T AFlLE\Highlands' Tire\Current\ 73\ 73, pra Created 7!6/Q5 IO:lIAM Revised: 1()/l2/Q5 822AM 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, Plaintiff v. BRIAN FRY, Defendant To the Prothonotary_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-4081 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE Please mark the above captioned action settled and discontinued. Date: October 12, 2005 MARTSON DEARDORFF WILLIAMS & OTTO By CQT;Q Carl C. Risch, Esquire Attorney I.D. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff o ('--. r--> "" c:;;) --' co c~ -, ::'::1 .<'.'~ N ~ --\ :c.~ \-ne; ......-,1,1 ,.,,-, :~3)~) j .-. ...r; .~2F) 25rn .c-l Jij :.< -J