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Home My WebLink About05-5401 F:\FILES\DA T AFLLE\1-lighlands' Tire'<Currenl\I04'1J04.com Created: 7/27/05 10:19AM Re'li~ed', Hll1?105 8,2JAM 110657) 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. DS;- S46/ (!L~tL l~l-V) v. WAY-LIN TRANSPORT, 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 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 CARLISLE CAR & TRUCK, INC, t/dib/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW /? . -, ...,- : NO. 05- S'l~1 ~ I~ v. WAY-LIN TRANSPORT, INC., Defendant COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/dIb/a Highlands' Tire and Service Centers, by and through its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: l. Plaintiff Carlisle Car and Truck, Inc., t/dlb/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 Way-Lin Transport, Inc., is a business entity with a last known address of 15011 Kutztown Road, Kutztown, Berks County, Pennsylvania 19530. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was Four Thousand Three Hundred Twenty-one Dollars ($4,321.00). 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 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 Way-Lin Transport, Inc. in the amount of Four Thousand Three Hundred Twenty-One Dollars ($4,321.00), 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 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 Four Thousand Three Hundred Twenty-one Dollars ($4,321.00), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Way-Lin Transport in the amount of Four Thousand Three Hundred Twenty-one Dollars ($4,321.00), plus interest, attorneys' fees and costs of suit. ~T(OO)RFF WILLIAMS & OTIO Carl C. Risch Attorney J.D. 7590 I 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: $)_ \l _I)'; Attorneys for Plaintiff MICI-iElIN . BFGOODRICH' BRIDGESTONE' UNIROYAL' MEDAUST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE' CARLISLE, PA 17013 Ltd':<'..:l'l"E: ,(j\\:'() A+ib13~!.,C 1< : EP-.,!lCF I' )J'ie., 'I:~?~.:.:!-_/ HUL..(.\" F:'Ij<E: , I HIGHLANDS' TIRE & SERVICE CENTERS I 1257 MT. HOLLY PIKE' CARLISLE. PA 17013 (717) 243.1382 CJ:'J<i.. j '::;1 t"/()'J.:::",; F:' 1~':1. " F'.:;"<,q.:::: ., ., 'l"e].0$!-\(:)!")0 71J/243"'13i~2 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT STATEMENT OF ACCOUNT ~ ~ U:~;(:l PAYMENT DUE BY 10TH OF MONTH ::J!W--L.:t:H TI":{\HbPDI~:T I!K :l5()J.l l<l,)"J'ZT(JWI'1 f~()AD KLJ'I"Z""()WN!i r:'A 1.953() ~t F'aYlnent: 01/26/05 for $ 1.O(}()w(JO Prv"Jnvclicf:~ F' 1'""".J .. In vo i r;::f~' /~:':()/(/~:, ';~':O~)"?:':):-)~:).'. Pt-v.. In".ll~.j. CE' PAYMENT DUE By 10TH OF MONTH AMOUNT flEMITlED IF PAYING BY INVOICE - CHECK INDlvtDUAllNVOICES PAID ::'-::()O/~~:o.qb t.~ ~..~~:: .. 00 ;;;: () () /' ~::; :.:") ~:I <:\ ,S~Y?" 00 ,~:! " () <> o..()() 0,,00 0..00 ~.~:~.;/;~:I. .. oe TQ)~J.j O( 4~~,;t d:,' ~,...',', HA ~r ( I ), . . TOTAl /.1..'5~,~ 1 " 00 " '::.1 ( ., . "-,'.-:. . "-).. ... ~..:. I - ... - " " .~." , ~charge of 11/2% per month J8% APR will be added to all overdue accounts. Also alllegaJ and collection fees. NT DUE IN THE FUTURE <) ,,()() Pay nCH,<J:: .q3;;;:~1..OO Pdj/ no!,v 4321..()() EXHIBIT "A" VERIFICATION !, 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 infonnation 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 infonnation 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, ! may be subject to criminal penalties. Carlisle Car & Truck, Inc, t/dIb/a Highlands' Tire and Service Centers fun lcLUlfUCl"L Beth Wenrich Dated: /0111/0\ r-' 0 (~ -n ,"',~:' -J --kl. 0t :::J 0 (":) 111 CO) rr. B _.~i 1- 'i !'\ - -J II( -0 _,c" - C)< -'~ -- ~ r;: 6'" --C ~ j'.,) "0 ~ 0'\ ~ -l 3- - . . SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2005-05401 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS WAY-LIN TRANSPORT INC 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: WAY-LIN TRANSPORT INC but was unable to locate Them in his bailiwick. He therefore deputized the sherif:E of BERKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 30th, 2005 , this office wa~3 in receipt of the attached return from BERKS Sheriff's Costs: Docketing Out of County Surcharge Dep Berks County Postage 18.00 9.00 10.00 41.46 .37 78.83 11/30/2005 MDW&O So answerE3:__'-~ .---/ ......~~ ~/A .. _~~<_,...------ R:.~h~~Kl:~7- Sheriff of Cumberlahd County Sworn and subscribed to before me I e .~ day of A2..tO~ this ~'''/!~ P . . not y , Please mail return o:E service to Cumber-land ~unty Sheriff. Thank you. In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Car & Truck Inc tjd/b/a Highlands' Tire & Service Centers VS. Way-Lin Transport Inc No. 05-5401 civil Now, October 20. 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. /?p17 &-'~. .~~?""",-",ff<4~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within at ::0 m o fT1 - <: m o f~.. 'F-. CH :'::: _, I upon C', ,- , . -'~-, f'....:,- .r:- -<:~ co l. 'I( by handing to ['.-,i c~~ rT = ." CXl ( a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE APFIDA VIT $ $ Berks County Sherifrs Office 633 Court Street Reading, PA 19601-3582 (610) 478-6240 AFFIDAVIT OF SERVICE Docket No: 05-5401 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me RICKY SCHLOUCH, Deputy for Barry J. Jozwiak, Sheriff of Berks County, 633 Court Street, Reading, Pennsylvania 19601, who being duly sworn according to law, deposes and says that on, 10/27/200510:45:00, he/she served the annexed COMPLAINT upon WAY-L1N TRANSPORT, INC, within named defendant, by handing a copy thereof to LINDA WANNER, the PERSON IN CHARGE at: 15011 KUTZTOWN ROAD, KUTZTOWN, PA 19530, BERKS COUNTY and made known to LINDA WANNER the contents thereof. 4i.-!~ RICKY SCHLOUCH # 016 NOTARIAL SEAL'--'" Tammy Rodriguez, Notary Public Reading, Berks Count) Myoommll.llbn "pi~, OCln~r.6,l007 Service made as set forth above. So Answers, Sheriffs Costs in Above Proceedings ~I CC OJ DEPOSIT , 41 4 \0 ACTUAL COST~ASE ~ S"'. "0,'-1 AMOUNT OF ~IDUE fJ~ ~ af~ SHERIFF OF BEj(KS COUNTY, PA Barry J. Jozwiak All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him/her and receive from the party instuting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he/she shall be obligated be law to make return thereof. Sec. 2. Act of June 20,1911, p.L.I10n Service Comments: SECRET ARY F :\FILES\DA T AFILE\Highlands' Tire\Current\ 1 04\ I 04 praecipe Created: 7/27/05 1019AM Revised: 1ll1810S 8:20AM 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, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW : NO. 05-5401 v. W A Y-LIN TRANSPORT, INC., Defendant PRAECIPE To the Prothonotary: Please mark the above action settled and discontinued. MARTSON DEARDORFF WILLIAMS & OTTO CDrD By Carl C. Risch Attorney J.D. 75901 10 East High Street Carlisle, P A 17013 (717) 243-3341 / Date: '\:..- \'^,- \)"') Attorneys for Plaintiff o ~ !",' .-< "-> "" t.:::. ~.:n D ,'"71 c-;, f'., o ~ ::rr o -/1 ::;! Fii.:tl r- 17 fr; ~:) ')-' ~.7C) -'-'-'r-, .(~~2 ?} :51/1 ~,;:! :~I .-<;; '2 '" \C