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Home My WebLink About05-5395F] FILESIDATAFILMSMadU Twd Currwt\95V95-com Created. 7127/05 10'.19" Revised 10/10/05 3.16PM 1106573 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. CDLS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OS- 0l ?n SS3QS01L 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 Defendant CARLISLE CAR & TRUCK, INC, tldlbla IN THE COURT OF COMMON PLEAS OF HIGHLANDS' TIRE & SERVICE CUMBERLAND COUNTY, PENNSYLVANIA CENTERS, Plaintiff CIVIL ACTION - LAW. NO. 05- S3 S%.5 C?"`- V. CDLS, Defendant COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/dfbla 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., tld/bfa 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 CDLS is a business entity with a last known address of 3440 Lehigh Street, Allentown, Lehigh County, Pennsylvania 18013. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was Two Thousand Nine Hundred Twenty-two and Seventy-six Cents ($2,422.76). 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 CDLS in the amount of Two Thousand Nine Hundred Twenty-two and Seventy-six Cents ($2,922.76), plus interest, attorneys' fees and costs of suit. COUNT 11 IN QUANTUMMERUIT 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 Nine Hundred Twenty-two and Seventy-six Cents ($2,922.76), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant CDLS in the amount of Two Thousand Nine Hundred Twenty-two and Seventy-six Cents ($2,922.76), plus interest, attorneys' fees and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO By W Carl C. Risch Attorney I.D. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: \() - 1-1 _105 Attorneys for Plaintiff MICHELIN • LEE • BRIDGESTONE • DUNLOP TIRES HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE a CARLISLE, PA 17013 CARL.:I:SII.' f9)1'7P A 513-,tJCK PA., 5.701.:i> 1"az:Lr::y:;.x;nta 7:1.7/243- :.382 STATEMENT OF ACCOUNT 07/:1.1/0' 4C1.01 Ci CDL.S BOX `J!5 t':11:::.il'9F?t•I`:31J1:L..L..Iii:,, t°'fd :L£ii?):ii;:i l.lfiiA ast Pikymen't.- 07/08/04 for a 500..00 I'-'age :1. HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT HOLLY PIKE • CARLISLE, PA 17013 (717)243-1382 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT 47/11/05 4C 1.01.8 AMOUNT REMITTED IF PAYING By INVOICE - CHECK INDIVIDUAL INVOICES PAID 3111510 2000180 Prv.Invoice 1120. 6 620.5 4/02/0 2000595 Pry. Invoice 1120.56 1.120_5 8/0610 2003297 Prv. Invoice 354_18 354.1 9/28/0 2004661 Prv_Invoice 471.59 471..5 9/20/0 =:'.004662- Prv.Invoice 355.87 355.8 Curren 0..0(7 ver' 301 0.(70 ver' 0.,00 Over ver :e 0.00 2922.76 TOTAL 2922.7 vice charge of 1 IRq per month 18% APR will be added w all overdue accounts. Also for all legal and colleaion fees. IOUNT DUE IN THE FUTURE 0.. 00 Pay maw:. L a )s .:? 2000595a 1.9.2()..56 2003297a 354.1£3 2004661a 47:...59 2004662a 355.87 TOTAL 2922.76 2922.76 Pay now 29:22.,76 EXHIBIT "A" 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 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. § 4904 relating to unworn 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 Jerry, ary Con oller Dated: /!// `/ 6 (ry -•J i 't^ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05395 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS CDLS 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: CDLS but was unable to locate Them deputized the sheriff of LEHIGH serve the within COMPLAINT & NOTICE County, Pennsylvania, to On November 14th , 2005 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs Docketing Out of County Surcharge Dep Lehigh Co Postage 18.00 9.00 10.00 30.00 .37 11/14/2005 MDW&O So answers: i - _ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of I V dJLm 7.. D. thon ary in his bailiwick. He therefore 'In The Court of Common Fleas of Cumberland County, Pennsylvania Carlisle Car & Truck Inc t/d/b/a Highlands' Tire & Service Centers vs. CDLS 05-5395 civil No. Now, October 20, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20_, at o'clock within M. served the upon at by handing to a and made known to Sworn and subscribed before me this _ day of 20 copy of the original So answers, the contents thereof. Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA -r i I I , t Ilt'Ir ra,l ai lli (I r ll? i f? f Serv/c ?r,: , r., _c ; _Ir-1 ?Addres5 is ion ci Atari /? I'! . I,;f?? ;r .: 7r R:/ttJ l?re.l?1A.J 4E?f 6,?y`038 E:r f e J /O1/'1 Q/ ?r nI r: ? T -761 SeavrcC : 5 /°FF„XFCf2 ClnuE OFamnNSvrccE . _, _ ..- _ _ ..__... . .___... r}ohe TS T//k _Vncna,i F 7 Nov vs X533 T 1. L... f-i( t is I: ?h! T a ; p l 11-3 15Y,?_ Ir I'Ir ?Ir?-rl is i .: . r!,. III ;'E k?`r +:! '?-'_r. }..F'•ljt i ii= t t.;_. _.._ - _, t o F =?C t_! 6..1! (I i 1-ii1 ! F- I_ (..1 F JO OFF 1,11-1 t . ,..- .._ ..r.._ ._. ,'f• I I L. P'r, yt' t.!(- I I'.;.r': ?J {:tE.Yd I IT 1 tArti y Run(jm N' (IF fl- OF: FTP i ;r i ?! :I I:.IaT yo R? I I ! r I I ? I... tl i...? 1 ., F TII.ESIDATA ]UWighlands'Tire\Current\95\95. praeeipe Created. 7/27/05 10.19AM Revised. 11/28/05 1024AM Ht*5D 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. CDLS, To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 5395 PRAECIPE Please reinstate the Complaint in the above captioned matter. MARTSON DEARDORFF WILLIAMS & OTTO BY nD Carl C. Risch Attorney I.D. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Defendant Date: November 28, 2005 Attorneys for Plaintiff C'` r..? ?iri __? 9 .C _ ' . , c ?? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05395 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS 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: CDLS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LEHIGH County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 19th , 2005 this office was in receipt of the attached return from LEHIGH Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Postage 1.20 Sheriff of Cumberland County Dep Lehigh County 30.00 V V L V 12/19/2005 MDW&O Sworn and subscribed to before me this ?.t4 day ofC A.D. Protho ar In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Car & Truck Inc t/d/b/a Highlands Tire & Service Centers vs. CDLS Now, November 29, 2005 No. 05-5395 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of 20 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 13 OEC ?s _ 1`?'?I- _ I fl(_FSiDATAFJI,E 6 ,gldanda Tire%CurreatA45\95. amd com Crtaled. ]12)/05 IQ OAM Revised: 4/11/06 9:04AM II06i73 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 05-5395 V. AILEEN BRENNAN, d/b/a CDLS and CDLS TRANSPORT, Defendant 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 maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or reliefrequested 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 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. AILEEN BRENNAN, d/b/a CDLS and CDLS TRANSPORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 05-5395 AMENDED COMPLAINT ANDNOW, 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: Plaintiff Carlisle Car and Truck, Inc., t/d/b/a Highlands' Tire and Service Centers is a Pennsylvania corporation with aprincipal place of business at 1257 Mt. Holly Pike, Carlisle, PA 17013. Aileen Brennan, d/b/a CDLS and CDLS Transport, is an adult individual with an address of 4177 Mink Road, Emmaus, Lehigh County, Pennsylvania 18049. Plaintiff sold parts and provided service to Defendant on various dates. The total costfor parts and service was Two Thousand Nine Hundred Twenty-two and Seventy-six Cents ($2,922.76). 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. Plaintiffhas fulfilled, performed and complied with all obligations and conditions agreed upon for the parts and service. COUNTI BREACH OF CONTRACT Plaintiffhereby incorporates by reference averments contained in Paragraphs 1 through 6 of this complaint. Defendant breached the expressed and implied obligations, conditions and terms ofthe contract by failing to pay the amount stated herein. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Two Thousand Nine Hundred Twenty-two and Seventy-six Cents ($2,922.76), plus interest, attorneys' fees and costs of suit. COUNT If INQUANTUMMERUIT 9. Plaintiffherebyincorporates byreference theaverments contained inParagraphs Ithrough 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 Nine Hundred Twenty-two and Seventy-six Cents ($2,922.76), exclusive of interest and costs. WHEREFORE, Plaintiffdemands judgment against Defendant in the amount of Two Thousand Nine Hundred Twenty-two and Seventy-six Cents ($2,922.76), plus interest, attorneys' fees and costs of sun. MARTSON DEARDORFF WILLIAMS & OTTO By (W)P Carl C. Risch Attorney I.D. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: y.i,-pi, Attorneys for Plaintiff VeRIFlCATiON 1. Jt_RRY ZARY. Controllcr of Carlisle Car & IruCk. Inc, t itrhrj flighlands' Tire and lwmcc Centers (hereinafter "}!ig lauds'"k uknovvled c that I have: the autlx+rity to execute this Vbritictot w on "alf of flighlands :avd certify that the foregoing Complaim is hascd upon inlunnation %thiclt hips born gathered by to} coun,cl is the preparationofthis lawsuit. The hmguagc of Nht Cuahplaint is that of counsel and not ms awn- I havcread the dmunlenl and to the extent that th = Cumplatnt i,S haled upon mfurmation hv$ith I hutvcgivrn to m% counsel, ii is true mdcorrect and ar the hest ofm} "okOodgc, ml'ormatiOn and belief Tothc catent that the lerilens ufthis Cu+nplainr ,e that of counsel, I have relied upon counsel in making this Verifcatinn this atelTlcnl and Vcnficanon are epode sukicct to thk penalties of IN Pa. C -S. b 4904 relating to unshcam Pafsrtieallon to authorities, which pn)004 that u I knowingly make false a,rrmrnts, f may M, suhiect icy crinrn.vl penaltieY Carlisle Cu S Truck, Inc. Ud h`a Highiands' rtrc and Service Comers f n ?crry" C on Her Datcd. /1 /t t/ 6 i 1 .? ,- ;;; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05395 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL , VS CDLS 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: BRENNAN AILEEN but was unable to locate Her deputized the sheriff of LEHIGH in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 1st , 2006 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lehigh County 30.00 Postage 1.17 68.17 05/01/2006 MDW&O So an R. Thomas Klinet Sheriff of Cumberland County Sworn and subscribed to before me this (t 41 day of "Al ?206L D. onot y In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Car & Truck Inc et al vs. Aileen Brennan et al No. 05-5395 civil copy of the original Now, April 12, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 7 Sheriff of Cumberland County, PA Affidavit of Service Now, 20at o'clock M. served the within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this - day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA Q' ? N a y- ?d r x ., - w £ , __j 'A P SHERIFF OFFICE COURTHOUSE - 5TH & HAMILTON STREETS 455 W HAMILTON ST ROOM 106 ALLEWTOWN PA 15101-1614 CARLISLE CAR & TRUCE:., INC DOC#: 2006-CV-1503 VS CASE: 2006•-NC-1224 AILEEN BRENNAN; ET AL EXPIR: 11-May-2006 y` (CUMBERLAND CO--05-5395) DEPOSIT: 30.00 ENTRY: 19-Apr-2006 WRIT AMENDED COMPLAINT AND NOTICE SERVE: AILEEN BRENNAN DBA CDLS AT : 4177 MINK RD EMMAUS, PA 12049 4- n/4 Atrtd -------------------------------- RETURN OF SERVICE 1. NAME OF INDIVIDUAL SERVED: dOSer-o /r.? 6f cc 2. RELATIONSHIP TO DEFENDANT: Oyald 01)3. DATE:-- Z# 20 dG 4. LOCATION OF SERVICE: TIME HOURS: 5. UNABLE TO LOCATE: ( ) NUMBER OF ATTEMPTS TO LOCATE DEFENDANT AT LAST KNOWN ADDRESS- 1 DATE & TIME y-Z4 /ZO L1v? _ 2. DATE & TIME DATE & TIME DATE & TIME 4. DATE & TI 6. DATE & TI ACCEPTANCE OF SERVICE I HEREBY ACCEPT SERVICE OF THE LEGAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE IS ACCEPTED ON BEHALF OF THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SO. PRINTED NAME OF AUTHORIZED AGENT DATE: SIGNATURE OF AUTHORIZED AGENT TIME: INT NAME OF DEPUTY SHERIFF SO ANSWERS __- DE 'UTY SHERIFF r :- --- SHERIFF -t3f"V7?? Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 5- S3 19-5 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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 • Fax (717) 240-6573