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Home My WebLink About05-5400 F. \FILE$\DA. T AflLE\Highlands' Tire\Currenl\ 112\ 112.com Created: 7127105 1019AM Revised 10/11105 3:21PM 11065.73 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/dlb/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION. LAW : NO. 05 - ~4OD {{c>~L~fJL"'1 v. CARLISLE AUTO BODY & COLLISION, INC., 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 persona\1y 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/dfb/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW : NO. 05 - .='lj 0-0 6;u,- u..-. Plaintiff CARLISLE AUTO BODY & COLLISION, INC., Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/dfb/a 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., t/d/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 Carlisle Auto Body & Collision, Inc., is a business entity with a last known address of 519 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3, Plaintiffsold parts and provided service to Defendant on various dates. The total cost for parts and service was Seventy Hundred Seventy Dollars ($770.00). 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 anlount 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 Carlisle Auto Body & Collision, Inc. in the amount of Seven Hundred Seventy Dollars ($770.00), 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 Plaintifffor 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 Seven Hundred Seventy Dollars ($770.00), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Carlisle Auto Body & Collision, Inc. in the amount of Seven Hundred Seventy Dollars ($770.00), plus interest, attorneys' fees and costs of suit. MARL 0 DEARDORFF WILLIAMS & OTTO By: Car . Risch Attorney I.D, 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: $)A\ - $S Attorneys for Plaintiff MICHELIN. BFGOODRICH . BRIDGESTONE . UNIROYAL' MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOllY PIKE' CARLISLE, PA 17013 ""'" ,(TEl g,~?I:.13~g'l'C 1< :oCI.()"::!'.. II". I I HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT HOLLY PIKE. CARLISLE. PA 17013 (717) 243,1382 .". ; 0",'0 He:!!.. \ .\'" F>Ij-::E '"I:,'i "," 1,,';, r:'.::,qf::-:' j ""'(i:).:::; pl.Pi:)!")(:)i'lP .....17/243....:1.3(:12 STATEMENTOFACCOUNT ~ PLEASE RETUAN THIS PORTION WITH YOUR PAYMENT ~ L{~j;,~1. } ~:;l...L :CI:lf;Y',:~~ 1.:nL.j .J~':;J .:n'..j 5:1.9 ~:~(:ll.J'I'J"! 1'~Al'I(:)VE::F~ ~:;'l' L:("IF;:i . J ::::;L..L" r:'(.! J ".:':-'O:L :.';:; PAYMENT DUE By 10TH OF MONTH ~~:.'i !:'~'/fl\0n'i~:: ()6/29/()5 f(JY $ ?~~:,,0 PAYMENT DUE By 10TH OF MONTH AMOUNT REMITTED IF PAYING BY INVOICE - CHECK INDIVIDUAL INVOICES PAID F'r''.../" Jnvc):l.u',; :;:'::::::.~:~,,?' J)'~j'~{~i2 ~':\ ..;:.--.\.-,.." ,.- .....c',::.,../O:. ',?{;'.:'{':..I:.'.'I ,. ;:;'l'-V" Inv')],L{':-:' ~';~)2; !:'r'\),.:[n'J(~~,C~' :l.::',',7..' ,,:T>' 1 <},:')" :1.<:) 1':.I~? .. :~:.:; j. '.7 I..:':o.:'"~ ~.', ~::, ;:t :l. '/ ~':) " :!. (: :t .;..... './ () ~:::;)' .:':\ 1 ',:.:"..? u.":\,/ :J. ':?"::'" JO ,"; ii' '77(} "I II fJi \1\f I ' . . TOTAL Z-li)-...~)() 'n.l.'. j" ~.- (,cn ~. L\.'f:fr ,)..1 I' '.}'.' .',;"" i;;;' .,',':-:. .' (', .:),) .') f)1":. ." ..~-!' - . -~:. vice charge of 1 1/2% per month 18% APR will be added to all overdue accounts. Also : for all legal and collection fees. IOUNT DUE IN THE FUTURE '.'..0:11) F',::..'/ nD!;,I:: /:::;0" ()O j::'.:':,."/ nD;.....! ...../ '....1 (""j EXHIBIT "A" VERIFICATION I, Beth Wenrich, 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. 9 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 artJlld m"uch Beth Wenrich Dated: /O/n / (; r \J -{q t:J lr( 7"- \l::- ll:.. lr1. CI1 - -. Q e- ~ ~ V"\ ~ ~ !() r b -f- ~ (~> ~"CI ,-' ~~ i~'~)\Q -'""l ;..:.-:,"~ _~, ;',~)'l'T:; f';:) ~,; j') ~.~ J~',- SHERIFF'S RETURN - REGULAR CASE NO: 2005-05400 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS CARLISLE AUTO BODY & COLLISON 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 CARLISLE AUTO BODY & COLLISION INC the DEFENDANT , at 0935:00 HOURS, on the 21st day of October 2005 at 519 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to VINCENT SCALAVINO, OWNER 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 ;;:p'};;;i!;~Oi:',L.c ~ R, Thomas Kline me this Ate '1 - day of 10/24/2005 MDW&OBY'~ \rd- . <O{'~~ V /. fl., . eputy Sheriff Sworn and Subscribed to before 'n-,<,t~- <,)OP~ A.D. (' . f/~6ti/ry , 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, tld/b/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 05 - 5400 CIVIL TERM CARLISLE AUTO BODY & COLLISION, INC" Defendant PRAECIPE To the Prothonotary: Please mark the above action settled and discontinued. ~c(i(ir ~L~S & OTTO Carl C. Risch, Esquire Attorney l.D, No. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 1'-\ Date: November , 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 SallIe in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Carlisle Auto Body & Collision, Inc. 519 South Hanover Street Carlisle,PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By M. Price T East High Street Carlisle, P A 17013 (717) 243-3341 Dated: November \ '-\ ,2005 o c, ,..., C::> c~ Zn -- -,.~ () ~n -' .'..c ('n G.-~ ...l-., - -"" --~ ~-"," -"" r:;1 .;:': (..:1 ::<. ~ -