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Home My WebLink About05-5396 F. \FILES\DA T AF1LE\Highlands' Tire\Current\ 1 07\ I 07 ,com Crealed 7/27/05 10:19AM Rev'lsed. 101111057:57AM 1106573 Carl C. Risch, Esquire MARTS ON 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- S3?b {tulL<-Y92-~ v, GRANT FORSYTHE. 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 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 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 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, tldlbla HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW : NO. 05 - fS'lc, GuJ I..u- v, GRANT FORSYTHE, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., tJdlblaHighlands' Tire and Service Centers, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: I, Plaintiff Carlisle Car and Truck, Inc., tJdlbla 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 Grant Forsythe is an adult individual with a last known residence of I 000 Meeting House Road, Carlisle, Cumberland County, Pennsylvania 17013, 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was One Thousand One Hundred Thirty-two Dollars and Ninety Cents ($1,132,90). 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 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 Grant Forsythe in the amount of One Thousand One Hundred Thirty-two Dollars and Ninety Cents ($1,132,90), plus interest, attorneys' fees and costs of suit. COUNT II IN QUANTUM MERUIT 9. Plaintiff hereby incorporates by reference the averments contained in Paragraphs ] through 8 of this Complaint. ]0. 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, ] ]. 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 One Thousand One Hundred Thirty-two Dollars and Ninety Cents ($1,132,90), exclusive of interest and costs, WHEREFORE, Plaintiff demands judgment against Defendant Grant Forsythe in the amount of One Thousand One Hundred Thirty-two Dollars and Ninety Cents ($1,132.90), plus interest, attorneys' fees and costs of suit. MARTSO DEARDORFF WILLIAMS & OTTO By: Carl C. Risch Attorney LD. 7590] T en East High Street Carlisle, P A 17013 (717) 243-334] Date: \\l - \ I-OC, Attorneys for Plaintiff MI(:HHIN . BFGOODRICH . BRIDGESTONE. UNIROYAL. MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE' CARLISLE, PA 17013 (717) 243-1382 , I HIGHLANDS' TIRE & SERVICE CENTERS I 1257 MT HOLLY PIKE' CARLISLE. PA 17013 (717) 243-1382 r> ,":\ (I (.:. 1 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT STATEMENT OF ACCOUNT ~ ~ C':;F;~(:'l!".i'r FUF:F;\....i. j..j E:: 1000 i"iL:!TIHCi HUI..JbL: 1:0) (~A!:~I..:I:~~~l...E:.~ I:~A :!.7():l3 PAYMENT DUE BY 1 QTH OF MONTH PAYMENT DUE By 10TH OF MONTH AMOUNT REMITIEO If PAYING BY INVOICE - CHECK INDrVIDUAllNVQICES PAID ''',-' (", 1,1\ ()..(il) O,,()( 0..00 :l :I.:-~~~~" 9( TQ'TAL l"'.'l,o;.'>'J',\.e. . .~ ~,lol!_..."7 P.i-\L,\N( I lJI . . l~r~ .@ ...'..' ~-~ .~ " ce charge of 1 1f2% per month 18% APR will be added 10 all overdue accounts. Also ",)( aU legal and collection fees. UNT DUE IN THE FUTURE () "f)() P,:))! rHjlAl:: t :I.:S'.~:~" ':;;:'0 P.::...~:/ nOlAl :I. :l..:S~,:::" ')0 EXHIBIT "A" VERIFICATION I, Beth Wenrich, 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, 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/dlb/a Highlands' Tire and Service Centers ~j hJA..kvurh et Wennch Dated: jtJ)'f/O( D .(Q iCJ U"\ .\I::. 7'l Ul - U1 ~ - ...0 (f'l \j ;s> lf1 ~J ~ ~ VJ ~ b ,I: t-.-' 0 ~~~~ -n 01 --\ l'\ ;~'..~.';'.. g -' .'. c' tI) --r: \_~() ",Ii ~? ';<~~ - ~ "0 :...(. SHERIFF'S RETURN - REGULAR CASE NO: 2005-05396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS FORSYTHE GRANT WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FORSYTHE GRANT the DEFENDANT , at 0918:00 HOURS, on the 24th day of October ,2005 at 1000 MEETING HOUSE ROAD CARLISLE, PA 17013 by handing to GRANT FORSYTHE 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 4,80 .37 10,00 .00 33,17 ~~n-_~~ R. Thomas Kline 10/25/2005 MDW&O Sworn and Subscribed to before By: 4l!;;i'~ V7 . eputy Sheriff me this l~L..tt.. J day of 71 jf ~ ./ ".~7il:;;:?Z A, D, 7-->'1 P;;Jx/n"'oiry -. .' 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 v. : NO. 05 - 5396 GRANT FORSYTHE, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of$l, 132,90 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 November 14, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe, Dated: December 8, 2005 MARTSON DEARDORFF WILLIAMS & OTTO r fTW\() By ~~ Attorney I.D, 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff " ,,' F\FILES\DA T AFILE\Highlands' TireICurrent\I07\107. JOday 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, t1d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff CIVIL ACTION - LAW v, : NO, 05 - 5396 GRANT FORSYTHE, Defendant TO: GRANT FORSYTHE, DEFENDANT 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 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO c.~:..Q.. By Carl C, Risch, Esquire !.D. 7590 I Ten East High Street Carlisle, PAl 70 13 (717) 243-3341 Date: November 14, 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: Grant Forsythe 1000 Meeting House Road Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO By M, Price T East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 8, 2005 " -, eP R ~ ~ ~ I>.-~ r <r;~ ~ --< ~ -:t-f- ~ , ,~::l 1 ~,:.) ,...... \"") C 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, t1d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. : NO. 05 - 5396 GRANT FORSYTHE. Defendant TO: GRANT FORSYTHE, HOCKENBERRY, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on December L, 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 $1,132.90 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 the name and address of the proper person to receive this notice under Pa. R. Civ. p, 236 is: Grant Forsythe 1000 Meeting House Road Carlisle, P A 17013 ~ .. 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, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v, : NO. 05 - 5396 GRANT FORSYTHE, Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (1) (2) directed to the Sheriff of Cumberland County; against Grant Forsythe, having an address of 1 000 Meeting House Road, Carlisle, P A 17013. (3) (4) Index this writ against Grant Forsythe, Defendant. The amount due $U32.90 Interest from 12/08/05 at the rate of $,20 per day $ * $ 150.00 $ * $ Attorney's Fees Costs to be added Total Direct the Cumberland County Sheriff to execute upon any and all personal property that is owned by the above Defendant. * To be determined by the Sheriff of Cumberland County Date: December 22, 2005 :ARTSlOOF WILLIAMS & OTID Carl C. Risch, Esquire J.D. Number 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneysfor Plaintiff L 1:'. =-r ~ ""ti-r- -- ~ ~~ V'"'\ \) - VI ~ ~ I:> \ ~fi ::. i~ ~ ~ ~ ~ ~ I)- ~l t V-- 't' C ~ ~ 1"\ ~ 'iq.. ~w- /l-;.:Olr1W~ irt c> 'In '- C>. c;cc ~\) I > ~-J ~~~%-P'- _ f;rc! -t--, - :. - w~ .~ ~ 'Z~; 0 c:;~, --n c.J I --\ c1 :r:-'l 'Z~; rn i~'~ N ~?i~2 f'0 '-:_:-'~ S~, ;} (::\~~ r:-? .~,~ ~;..., o :::;'.,:. - WRIT OF EXECUTION and/or ATTACHMENT , '.. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5396 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CAR & TRUCK, INC, Tm/B/A HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff (s) From GRANT FORSYTHE, 1000 MEETING HOUSE ROAD, CARLISLE, PA 17013 (I) You are directed to levy upon the property ofthe defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY THAT IS OWNED BY THE ABOVE DEFENDANT. (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) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,132.90 L.L. $,50 Interest FROM 12/8/05 AT THE RATE OF $,20 PER DAY Atty's Comm % Due Prothy $1.00 Other Costs Ally Paid $115.17 Plaintiff Paid Date: DECEMBER 22, 2005 C~I (Seal) Prothonotary ____ By: Deputy REQUESTING PARTY: Name CARL C. RISCH, ESQUIRE Address: TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Comt ID No. 75901 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/dlbla HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. : NO. 05 - 5396 GRANT FORSYTHE. Defendant PRAECIPE To the Prothonotary: Please mark the above captioned matter settled and discontinued, the judgment satisfied, and issue a certificate reflecting the same. Date: April 19, 2006 MARTSON DEARDORFF WILLIAMS & OTTO . (JVl (') By: \0J U./ Carl C, Risch, Esquire LD, Number 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff -,,"~ -:' '~"".'..'-".'..' f~~ '.' ,.- ~,':"-. '''^:-~", r.-~' c~. -':. ---, sO^2 r-1 1 ~~-t R, Thomas Kline, Sheriff dn"A...- By. ClaUdUiA. Brew aleer -~ . 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 22,66 .50 1.00 4.40 20,00 20.00 .74 87.30 Pd by Defendant Sworn and Subscribed to before me <>- '"' '" "" ~ 2006 A.D. OFFIC! Il:b "it 'az 330 ~UIlI 'Va '>"lllflO:l (JtW\llJaw~:) .:l.:l\~3HS 3H1 .:10 3:Jl.:l.:l ~FFICE 'UL.,;3V1'1 (,'S'V de....-. 171 f~ Dr WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CAR & TRUCK, INC, T/DIB/A IDGHLANDS' TIRE & SERVICE CENTERS, Plaintiff(s) From GRANT FORSYTHE, 1000 MEETING HOUSE ROAD, CARLISLE, PA 17013 NO 05-5396 Civil CIVIL ACTION - LAW (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY THAT IS OWNED BY THE ABOVE DEFENDANT. (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) 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 himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $1,132.90 L.L. $.50 Interest FROM 12/8/05 AT THE RATE OF $.20 PER DAY Atty's Comm % Atty Paid $115.17 Plaintiff Paid Date: DECEMBER 22, 2005 Due Prothy $1.00 Other Costs Pro (Seal) By: Deputy REQUESTING PARTY: Name CARL C. RISCH, ESQillRE Address: TEN EAST IDGH STREET CARLISLE, PA 17013 Attomey for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 75901 '. ~' ., . .. DISTRIBUTION ATTY FOR PL TFF: Carl Risch WRIT NO. 2005-5396 Civil Carlisle Car & Truck, Inc, TfDfB/A Highlands Tire & Service Centers -vs- Grant Forsythe Real Debt Interest Attorney's Comm, Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1132.90 24,00 115,17 $ $ 1272,07 Sheriff's 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 22.66 ,50 1.00 4.40 ,74 20.00 20.00 DISTRIBUTION Pd, To Pltff, Refund of Adv, Costs Pd. To Prothonotary $ 1272.07 150,00 1.50 $ $ $ 87.30 1359.37 150,00 1509.37 So Ansii? ~ 1-~#~ R. Thomas Kline, Sheriff / BtQo.u&-~~ ~~