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Home My WebLink About05-5397 F \FILES\DA T AFILE\Highlands' TirelCurrentl98198,com Created 7/27/05 10:19AM Revised lDllOlOS 331PM 11065,73 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/bla HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW c....-.. ; NO. CJS-SJ97 t!t'oi-L I~ v. NORTH AMERICA FLEET SERVICE, 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 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 MA Y 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 170 I 3 Telephone (717) 249-3166 CARLISLE CAR & TRUCK, INC, t/d/bla HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW -r- : NO. oS-53'!1 ~ 1....- v. NORTH AMERICA FLEET SERVICE, Defendant COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., tld/bla Highlands' 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., t/d/bla 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 North America Fleet Service is a business entity with a last known address of 1853 West Kilgore Avenue, Muncie, Indiana 47304. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was One Thousand Eighty-four and Eighty Cents ($1,084.80). 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 North America Fleet Service in the amount of One Thousand Eighty-four and Eighty Cents ($1,084.80), 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 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. II. 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 Eighty- four and Eighty Cents ($1,084.80), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant North America Fleet Service in the amount of One Thousand Eighty-four and Eighty Cents ($1,084.80), plus interest, attorneys' fees and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO B,JW Attorney LD. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: \O.'l'o") Attorneys for Plaintiff MICHELIN. LEE. BRIDGESTONE . DUNLOP TIRES HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 cr-~F(LISL.E d~W f-.141)13fl~ucl( SEFNICE" INC.. :!.? ~.'.','/ HULl... Y F'II<1:': C,,"PL. :iSL.E F'i~.. :1.701:; Telepll()ne 717/243--:L3E~2 I I HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 170" (717) 243.1382 Pa(.:.j(~'~ :l STATEMENTOFACCOUNT PLEASE RETURN THIS PQRll0N WITH YOUR PAYMENT ~ NORTH (~MERICA FL.EET SERVICE 1853 Wu KII_.GC)R~~ AVE",. lylUHCIE ~l II'-! f.~"/:::)()4 ~.:i,S;t PaYfIlf.-:-nt:: ()~:~/~.:~O/04 "fOlr' $- 146..:':\() AMOUNT REMlTIED IF PAYING BY INVOICE - CHECK INDIVIDUAL INVOICES PAID F'n,l. Invoice F',"v.. Invoi ce F".............InvoicE. ...t{ jr F€~n . 0"00 vel'" "':l} 477..00 Vl~i" 6 . vel"" ..J[:. 607" 8( TOTAL 1084.,8 f3A ;-\. ~( f JIJI . . TOTAL 1084.,130 !Vice charge of 11/2% per month 18% APR will be added loall overdue accounts, Also ~ for a11legal and collection fees. IOUNT DUE IN THE FUTURE 0.,00 F'<.:,.y now:: 1084.80 P".y now :l084..BO 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. ~ 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 .Jy-;t J1 b hlVU dl Beth Wenrich Dated: /cjnjol/ ~ ICJ (:) ~ \l 7[. - B 6"'" U1 ~ ~ tI\ ~ ~ ~ ,- ?J Q l:..~ c~ " C ~ %]~ ~. ':~~-~):- \:\ r:-? -~ ~s :-<. -l - -------- Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE CAR & TRUCK, INC, tfdlb/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff CIVIL ACTION - LAW : NO. 05 - 5397 v. NORTH AMERICA FLEET SERVICE, Defendant AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy ofthe Complaint in the above captioned matter was mailed to North America Fleet Service, 1853 West Kilgore Avenue, Muncie, IN 47305, by certified mail, return receipt requested. Attached is the Post Office return receipt signed and dated October 20, 2005. ~:RTS~F WTLLlAMS & OTTO Carl C. Risch, Esquire Attorney ID No. 7590 I Ten East High Street Carlisle, P A 17013 (717) 243-3341 Sworn to and su;;Jzed ~:~, Q~Y orOctok,,200S N~ 'OMMONWEA HI OF PENNSYLVANIA NoIari8l$ea1 . Mary M. Price, Notary PubliC carlls1e BolO, c\imbell8n<l Couni& MyCo"'mlslionEXpl....AU9.18, 7 Member, Pennsylvania Assotiatiol"'.ol Notaries .... . SENDER COMPLETE THIS SECT/ON . . . . Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: // (}Jj,; al/<.I;itC:<l" ~. 1'-V<~---6- /:5<;) 'LL1,(;L K(~'d (!t-IH-i<( /~"lIkt6. ) ]:f& tj ].SCr A. Signature -- 0 Agent o Addressee x ,/ -;;0 D. Is delivery address different from item 1? Yes If YES. enter delivery address below: 0 No 3. Service Type 'tskt.ertlfled Mall 6 Registered o Insured Mall q Express Mail o Return Rectript for Merchandise o C.O.D. 4. Restricted Deffvery1 (Extra reel DYes 2. Article Number (Transfer from service label) ~ PS Form 3811, February 2004 7005 0390 0003 2636 5351 Domestic Return Receipt 102595-02.M-1540 r'l U1 fTl U1 U.S. Postal Service", CERTIFIED MAIL R~CEIPT (Domestic Mail Only; No Insurance Coverage ProvIded) ..n fTl ..n ru fTl o o o o lr fTl o Postage $ Certified Fee $2.30 OO~-_.. '. ~ P1:1' Return Receipt Fee $1.75 l ~ ~ ':1 (Endorsement Required) ,,0' ./ Restricted Oe1\very Fee $0.00 "-'1/" I (Endorsement Required) '~I ,...../ ,~_""o< Total Postage & Fees $ $~.65 10/1812005 U1 o o r- (') c ~ '""'C'Ul """,,,-",-, .....:::' o 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, tldlb/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW : NO. 05 - 5397 v. NORTH AMERICA FLEET SERVICE, Defendant TO: NORTH AMERICA FLEET SERVICE, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on December .1 J...J-, 2005, the following Judgment was entered against you in the above-captioned case: Judgment in favor of Plaintiff and against Defendant in the amount of $1 ,084.80 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. ~/?J?, , Prothonotary J r-' I hereby certifY that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: North America Fleet Service 1853 West Kilgore Avenue Muncie, IN 47305 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/dlb/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW NO. 05 - 5397 v. NORTH AMERICA FLEET SERVICE, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of$1 ,084.80, 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 its last known address on December 5, 2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSr)p~ARDORFF WILLIAMS & OTTO wff) By Dated: December 21,2005 Carl C. Risch Attorney LD. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 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, PENNSYL VANIA Plaintiff : CIVIL ACTION - LAW : NO. 05 - 5397 v. NORTH AMERICA FLEET SERVICE, Defendant TO: NORTH AMERICA FLEET SERVICE DATE: DECEMBER 7, 2005 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 MAYBE 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 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(7l7) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO Date: December 5, 2005 By Carl C. Risch, Esquire Attorney LD. 75901 Ten East High Street Carlisle, PAl 70 13 (717) 243-3341 Attorneys for Plaintiff c.~.c12~ .' CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON 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: North America Fleet Service 1853 West Kilgore Avenue Muncie, IN 47305 MARTSON DEARDORFF WILLIAMS & OTTO By ,Q~ M. Price East High Street Carlisle, P A 17013 (717) 243-3341 Dated: December 21, 2005 \ }: "'- ~ ~) CD ~ jl - t, ~ ir., ~ ~, \~ \..> \/', ...:;:, ..(> v~ 6 ~ c> '- '" I,.., - \) ""- ,...., 0 0 = 11 ,"':> ~.,,-. 2-.. .---' 0 :t:--n r-r1 p1F <' -ntr' ('.:l .,',':;J - '~.-:.\(:" .......,1 . --'"I -' '~-<~ (') ~- ,-i"\1 r;-? "') .--\ . E:. U1 '':< .-"~. 0