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Home My WebLink About05-4082 F,WILES\DA T AFILE\Highl1ll1d<' TireIClltrent\S3\83com2 Created' 7!27!fl54:4IPM Revised: 7/2B!()5 924AM 1106583 David R. Galloway, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Plaintiff CARLISLE CAR & TRUCK, INC, tJd/b/a : IN THE COURT OF COMMON PLEAS OF HIGHLANDS' TIRE & SERVICE : CUMBERLAND COUNTY, PENNSYLVANIA CENTERS, Plaintiff : CIVIL ACTION - LAW : NO, 00'; ~oZJ.... ~.J~ v, ROBERT WOLFINGER, d/b/a R.W. LOGGING CONTRACTORS, 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 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, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW : NO. ~S" - ,/0~..2.. G<..Vc.l. J~ v. ROBERT WOLFINGER, d/b/a RW. LOGGING CONTRACTORS, Defendant : JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., tld/b/aHighlands' Tire and Service Centers, by and through its attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff Carlisle Car and Truck, Inc., tld/b/a 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 Robert Wolfinger, d/b/a R W. Logging Contractors is a place of business with a last known address of 421 S. Potomac Street, Waynesboro, Washington County, Pennsylvania 17268. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was Five Hundred Twenty-Three Dollars and Thirty Cents ($523.30). 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 I through 6 ofthis 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 Robert Wolfinger, d/b/a R. W. Logging Contractors in the amount of Five Hundred Twenty-Three Dollars and Thirty Cents ($523.30), plus interest, attorneys' fees and costs of suit. COUNT II IN QUANTUM MERUIT 9. Plaintiffhereby incorporates by reference the averments contained in Paragraphs I 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. II. Defendant has been unjustly enriched by accepting said service and/or parts without paying Plaintiffreasonable compensation therefor. 12. The total amount by which Defendant has become enriched is Five Hundred Twenty- Three Dollars and Thirty Cents ($523.30), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Robert Wolfinger, d/b/a R.W. Logging Contractors in the amount of Five Hundred Twenty-Three Dollars and Thirty Cents ($523.30), plus interest, attorneys' fees and costs of suit. MARTSON DEARDO F WILLIAMS & OTTO BY~ David R. Galloway Attorney LD. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: August 10, 2005 Attorneys for Plaintiff MICHELIN' BFGOOORICH . BRIOGESTONE . UNIf10YAl . MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 C...',PLE,LE d1.~?\<f.l~t.1yWllCK SERVICE" II-IC. L::I'.'o/ HOLLY l"ll<C ct,Fd...1m..E Pf.'" 1/0:1.::; T'e].e~)t'(:)I')P 71.7/243".1.3~32 , , HIGHLANDS' TIRE & SERVICE CE~ 1257 MT HOLLY PIKE. CARLlSLe PA (717) 243-1382 P -i:.lJ] i;:.~ :I. STATEMENT OF ACCOUNT PLEASE RETURN THIS PORTION WITH YOUR PAYMENT ~lr'l/()"' "Wl'IOC> " ..." >.). . .) r< ..," 6\' ~ r~" W .1...0GOIi'10 COl-ITt\ACTII-IO ,Q21 n" POTDlvlt,C B'fJ:~~EET I}.I(~ ',(I".IEbElnr;~n~, F'(:'l 1 '?~:~6D AMOUNT REMlTIEO IF PAYING BY INVOICE - CHECK lNOtvlOUAllNVOICES PAID 52:'5.. ~:)() 'O'l/(VI :I. 700~VI .;\ F'rv.. Invoi ce ll'-lrE~n t 0,,00 Over' 30 0.00 Over 6 0..00 TOJAl 523..30 KM , \ '"' , . . TOTAL 5~:~::)" 30 charge of 1 1/2% per month 18% APR wiU be added to all overdue accounts. Also dllegal and colle.ction fees. T DUE IN THE FUTURE O,,()O Pt:\Y now:: ::~2::>..~30 Pay n()w ~:\~~:.:)" :":')0 EXHIBIT "Au VERIFICATION I, JERRY ZARY, Controller of Carlisle Car & Truck, Inc, t1d/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 18 Pa. C.S. 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, t/d/b/a Highlands' Tire and Service Centers fjE;,~ ~ Ie , C 01 r Dated: August 10, 2005 G ;b ~ C'\~... -"'~ v, ~ 'u~) "'^' 6"- -1 lN. }.J ~ ~ 'fi- ~ G) l...-'~ ~~;. ~4. ..<.. q, 9<~ {"'?:: .- -::]J'S o 9\Ql '.,.c~ .,..,. o<;:f. ~-;' ~~ .;.io'" /_. ~ <;~ ~ .~ (.r' @ - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04082 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS WOLFINGER ROBERT ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOLFINGER ROBERT D/B/A R W LOGGING CONTRACTORS but was unable to locate Him in his bailiwick, He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 31st , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage 18.00 9.00 10.00 33.88 .74 71.62 08/31/2005 MDW&O So ans\\7<2rs~_----: " /~4:;;;;Z~;~' ' R, Thomas Kline Sheriff of Cumberland County -.--_.-? Sworn and subscribed to before me this J I ~ ~ {)()~ day of S tt +r-14"\~ ?1~ In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Car & Truck, et. al. VS. Robert Wolfinger, d/b/a R.W. Logging Contractors No. 2005-4082 Civil Now, R/1?/OS , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. '~~~~-f' Sheriff of Cum her land County, PA Affidavit of Service Now, A?/c;'VJr / Z , 2()dS ,at 1,'~...2.. o'clock r; M. served the ~T/C:;~ o~ CO~~/~. within r?PA"..vK,U"'-' ~.v7'y e<J0'/f-r ~_ 00..$-._ /97 T eA/f.'~Y L,.,44--:F ru:k-7'" J"/f: A /"~/~-;t.P /1,A4/ LL-#u L./U'CJ' upon atL,/-2/ s: ~7br1,4c ~ ?v47~c:yR:)~ ~ /7c:x-8 t341f'!fY L,/J~ ~ ~7' CT--e by handing to a .~ T/C,F OF'" ~0-7 copy of the original CLY't,/l::/90/7 84"e~y' L./l~ r:'a:.vr r7;e. and made known to 'the contents thereof. So answers, Sworn and subscribed~ore _ methis n dayof O' ,20~ ./U~~~~d~ ~ ~ ~/.;.,.. aP'" 7t'Shenff of /;;t"4~'u-v County, PAl 7 c2cv t?lf:Pd;Y &uJ' ~ L.0<: /~ COSTS SERVICE MILEAGE AFFIDAVIT $ --._--- ~ ., ~. ",1' f?;4; r1.~ 1<.~: Notal'ial;:':oJ Richard D_ McCarty, Notary Publi,; Chambersburg Bora, r-,anklin County My Commissic' i2';' '''R :.')>~rlw' $ F:\FILES\DA T AF1LE\Righla!lds' TireICurrenl\83\83. pradel/nlm Created: 8/JOrOS 9:08AM Revised: 10120/05 7:58AM ]]065.78 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/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff CIVIL ACTION - LAW : NO. 05-4082 v. ROBERT WOLFINGER, d/b/a R.W. LOGGING CONTRACTORS, 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$523.30 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 certity 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. Dated: October 20, 2005 MARTSON DEARDORFF WILLIAMS & OTTO By l &ro Carl C. Risch Attorney I.D. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff . F\FILES\DA T AFfLE\Highlands' Tire\Currenl\83\83 IOdaynotice Created. 7/6/05 IOIIAM Kevised 10/7/05 1144AM 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 Plaintiff CIVIL ACTION - LAW : NO. 05-4082 v. ROBERT WOLFINGER, d/b/a R.W. LOGGING CONTRACTORS, Defendant : JURY TRIAL OF TWELVE DEMANDED TO: Robert Wolfinger d/b/a R. W. Logging Contractors IMPORTANT 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 MAY 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 LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH IN FORMA TION ABOUT AGENCIES THAT 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 Carlisle, P A 17013 Telephone:(717) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO By \" \,,)){\U) Carl C. RIsch, Esquire ID. 75901 Ten East High Street Carlisle, P A 170 I 3 (717) 243-3341 Date: October 7, 2005 Attorneys for Plaintiff . . . 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 By' Dated: October 20, 2005 ,'" c" . ~, 'de <; 1;- (> -;-i) '\,.:-;. T (,' C; :t-- '(JI::... D .... .-" l'> ~ ,.0 ...i - <.f\ ~ -~ "3 c <;:- c'') ? ~ g 'f; ';::;- y- r '5l- .------ 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, II'!'C, lid;b/a HIGHLANDS' TIRE & SERVICE CENTERS, : II'!' THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW : NO. 05-4082 v. ROBERT WOLFINGER, d/b/a R.W. LOGGING CONTRACTORS, Defendant : JURY TRIAL OF TWELVE DEMANDED TO: ROBERT WOLFINGER, d/b/a R. W. LOGGING CONTRACTORS, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on October~, 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$523.30 plus reasonable attorneys' fees, costs of suit and interest from dale of judgment at 6% per annum for Defendant's failure to tile an answer to the Complaint. (1M ~ prothonot~ I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Robert Wolfinger d/b/a R. W. Logging Contractors 421 South Potomac Street Waynesboro, PA 17268