The URL can be used to link to this page

Home My WebLink About05-5399 . F\FILES\DA T AFlLEUiighlands' Tire\Currenl\93\93 com Created 7/27/05 IOl9AM Revised 10/10/052:50PM 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, tld/b/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : CIVIL ACTION - LA W ~ : NO. DS -.s'J/f( r3'ui-L l~ v. BJ.S. ENTERPRISES, 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 LA WYER, 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, tldfb/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW : NO. (J.f'--53 9'1 ~ '1....-. v. B.J.S. ENTERPRISES, Defendant COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., tld/bl a Highlands' 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, PA 17013. 2. Defendant BJ oS. Enterprises is a business entity with a last known address of 112 Skyview Drive, Washington, New Jersey 07882. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was Two Thousand Nine Hundred Fifty-two Dollars and Seventy-one Cents ($2,952.71). 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 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 B.J.S. Enterprises in the amount ofTwo Thousand Nine Hundred Fifty-two Dollars Two and Seventy-one Cents ($2,952.71), 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 Thousand Nine Hundred Fifty-two Dollars and Seventy-one Cents ($2,952.71), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant BJ.S. Enterprises in the amount ofTwo Thousand Nine Hundred Fifty-two Dollars and Seventy-one Cents ($2,952.71), plus interest, attorneys' fees and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO W By Carl C. Risch Attorney J.D. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: I.c \,"uC; Attorneys for Plaintiff MICHELIN' BFGOODRICH . BRIDGESTONE. UNIROYAL. MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS t257 MT. HOLLY PIKE. CARLISLE, PA 170t3 (717) 243-1382 , I HIGHLANDS' TIRE & SERVICE CENTERS 1257 MY HOLLY PIKE. CARLISLE, PA 17012 (717) 243-1382 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT STATEMENT OF ACCOUNT ~ ~ PAYMENT DUE BY 10TH OF MONTH PAVMENT DUE Bv 10TH OF MONTH AMOUNT REMITTED IF PAYING BY INVOICE - CHECK INDIVIDUAL- INVOICES PAm /.). flALI,N( I lJlll . . TOTAL TOTAL rvice charge of 1 I!Z% per month 18% APR will be added to all overdue accounts. Also e {or all legal and collection fees. IOUNT DUE IN THE FUTURE 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 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 ofthis 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 AAD-1~ ~ ~U ~ontrolIer / Dated: It/ l'flt> \/ N (-) """ 0 ...> l. !11 c c:;.:;, 0 \l {~::; ;c;..J-l 'Tl ~ 0 ...., c-:' -, - '- C? -_.; ,'il ~ V) (Y -J (@ lI'\ "Q ~ ~ -;: , S -- 0"- ' - .- f)? ~ N c:.' F:\FILES\DA T AFILEIRigWands' Tire\Current\9J\9J ,aff.serv/mah Created 11I05/OI09A9:S3AM Revised IO/251050J'~9:4SPM 8369,4 Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 170 I3 (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 : NO. 05 - 5399 V. BJ.S. ENTERPRISES, 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 BJ.S. Enterprises, 112 Skyview Drive, Washington, NJ 07882, by certified mail, return receipt requested. Attached is the Post Office return receipt signed and dated July 23, 2005. :Taifi50RFF WiLLIAMS & OlTO Carl C. Risch, Esquire Attorney ID No. 75901 Ten East High Street Carlisle, PA 17013 (7]7) 243-3341 Sworn to and S~{J;d before me this day of October, 2005. ~7t,Q.u, No ubhc COMMONWEALTH OF I'ENNSYLVANIA Notarial Seal MaIy M. Price, Nota<y Public C8IIIIl8 BolO. CumbeItand County MyComn\lUlOnExplmAug.18,2007 Member, Pen.llil.af\;' "~..~Ib .01,..... SENDER CO~lPLFTE 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 10 the back of Ihe maiipiece, or on lhe fronl if space permits. 1. Article Addressed to: J) .J.S, [NTffW ISi3 II J.. 01-( '{\! I ~tN Dr2.\\Jt WA5HINC,JDN, NT 01 '8%d.- A. SIgnature 1l\~:;)FS. ~D xS~ -~ 'D=:.... 8. R"""ived by ( PrintM Name) I C'l1z ~IiVery D. Is deliVery address different: from item 1? '0 Yes If YES, &mer delivery address below: 0 No 3, Service Type Jli{Certtfted Mail D Express Mall o Registered 0 Return Receipt for Merchandise D Insured Meli D G.O.O. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Miele Number (Trsn_rrom__lobeI) PS Form 3811, February 2004 7003 1010 0001 1189 0996 102595-02:-M-1540 : Domestic Return Receipt ...0 n- n- O U.S. Postal Service'M CERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) n- i/''<:-, RW,"^ 'X'd' 'i ,_.,,,,% '~ _HWIli1fJ 67ti H r-', o o o o H o H Postage $ CartifI0tlFee $ . Return Reciept fee .1. 75 (Endorsement RequWed) Restricted Delivery Fee $0.00 (Endorn.ement Required) Total Postage & Fees $ n.~2 0013 12 """1m"", He", 21 01l211200S m o ntTo.' ~ .,-. , R sli<iiin,i,,,", .,.~.."...t:l'm~:@j?K~~.i?:.~...............,....... o,Po',*",,,:''' Il.;l. Sj<::'I IIi G.wDe Ci&:'Siai';:Z1j5;~""'''''''''':''''''';'''''''''''''''''''''''O'1'~~'5."" ':], .-< 4. C, 'u G oj 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, PENNSYLVANIA Plaintiff CIVIL ACTION - LA W : NO. 05-5399 v. BJ.S. ENTERPRISES, Defendant TO: B.J.S. ENTERPRISES, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on October ~ 2006" the following Judgment was entered against you in the above-captioned case: Judgment in favor of Plaintiff and against Defendant in the amount of $702.71 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. Profuon2~~ I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: B.J.S. Enterprises 112 Skyview Drive Washington, NJ 07882 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 - LA W : NO. 05-5399 v. B.J.S. ENTERPRISES, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of$702. 71 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 October 3,2006, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: \~ - \~ - () \.. MARTS ON DEARDORFF WILLIAMS & OTTO By (())(\ . (\ C~ Attorney I.D. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff v" 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, t/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff : CIVIL ACTION - LA W : NO. 05-5399 v. BJ.S. ENTERPRISES, Defendant TO: B.J.S. ENTERPRISES 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) DA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE 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 THA T 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 MARTSON DEARDORFF WILLIAMS & OTTO e~~ Date: October 3, 2006 By Carl C. Risch, Esquire 1.D.75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff . - CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MAR TSON 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: BJ.S. Enterprises 112 Skyview Drive Washington, NJ 07882 MARTSON DEARDORFF WILLIAMS & OTTO By4~D~ M. Price - en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: !o! /IJ~~ (') ....., c: = ~ = .- ' ',~- ~ ~- c:>"' ~ ~ ,~ -ac 0 -I . (r'rt: n ::I: ~ ~:';.;;;' --t ~. ,1':...__ ~ ; ~ (J)) . ,-~ . -,,- ". \.D " r'> <' ~Q " '-... '" ~b -u ;3-d ~ tl(\ ~ ::z:: 25.~ :;r,c ~ ~ ~ -'-i I ~ ~ ~ --t: C) 0.... ~ D<;\ ~