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Home My WebLink About05-5434 F\F1LESIDA T AFILE\Highlands' TireICurrenI188\88.COM Created 7/27/0510:19AM Revised 10/101053:02PM 1106573 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, tldlbla HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION - LAW : NO. C 5'- 5'-13 'i ~ /4--> v. THEODORE C. MOSER d/b/a T. M. TRUCKING, 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 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/d/bla HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW : NO. 05- 5''1!,'i ~ -r...i-. v. THEODORE C. MOSER d/bla T. M. TRUCKING, Defendant COMPLAINT AND NOW, comes the Plaintiff Carlisle Car and Truck, Inc., t/dlbla 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. DefendantTheodore C. Moser dlbla T. M. Trucking, is an adult individual with a last known address of 605 Park Street, White Mills, Wayne County, Pennsylvania 18473. 3. Plaintiff sold parts and provided service to Defendant on November 29, 2004. The total cost for parts and service was Five Hundred Seventeen Dollars and Sixty-four Cents ($517.64). 4. Plaintiff issued an invoice for the work performed on the date of service. A Statement of Account referencing the 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 Theodore C .Moser dlbla T. M. Trucking in the amount of Five Hundred Seventeen Dollars and Sixty-four Cents ($517.64), 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. 11, Defendant has been unjustly enriched by accepting said service andlor parts without paying Plaintiff reasonable compensation therefor. 12. The total amount by which Defendant has become enriched is Five Hundred Seventeen Dollars and Sixty-four Cents ($517.64), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Theodore C. Moser d/b/a T. M. Trucking in the amount ofFive Hundred Seventeen Dollars and Sixty-four Cents ($517.64), plus interest, attorneys' fees and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO @nO By Carl C. Risch, Esquire Attorney LD. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: \1J'\'l'O--S Attorneys for Plaintiff MICHELIN. LEE. BRIDGESTONE . DUNLOP TIRES I I HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT HOLLY PIKE' CARLISLE, PA 17013 (717) 243.1382 HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 CAFl...lm..E (~r"W t..m)l~UCI< BEFVICE ,. IHC" L:'~.\7 HOLI...Y PII<E C('~F.:LIBl...E Pi;'~I" :L )'O:l.~:'~ "felel)ll(Jlle 7:L7/243--.j.382 F'-:H;)<" :I. PLEASE RETURN "THIS PORTION WITH YOUR PAYMENT STATEMENTOFACCOUNT ~ T ..\'1.. TF:UCI<'.H4G 1"'(11":1< bT I>.lH I TI::: \'1 I I...l...b" 1"'(.', :I. Wr.;::', AMQUN1 REMITTED IF PAYING BY INVOICE ~ CHECK INDIVIDUAL INVOICES PAID f..,.ul~'Y"ent. 0..00 (lye.' 30 0,,00 0..00 vel'-- ~ 517.6 TOTAL 517.6 P,Ali-'.,$'r Dl t . . TOTAL 51'7,,64 .cc charge of 1 112% per month 18% APR will be added to all overdue accounts. Also or aU legal and collection fees. IUNT DUE IN THE FUTURE O"O() P-i:1.Y nDt'J:: ~.):l.7..6I.l Pi:"$l now ~:):1.'7 ..bl.l EXHIBIT "A" VERIFICATION I, JERRY ZARY, Controller of Carlisle Car & Truck, Inc, t/dlb/a Highlands' Tire and Service Centers (hereinafter "Highlands"), acknowledge that 1 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 ofthis 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/bla Highlands' Tire and Service Centers a ADm p j(~ ~tr~: -( 0 Dated: r'~" (:> l~ .:.-;~ ~ (:,; t.i" 0 ~ ~ (", G;j ;.-\ }\ -- CO '-...) ~ IX. .....\"'l - ...'\ -;." !;"' ~ r:? ~ "'" .' 0- '^ c <~:l --0 if, 0) '-' <..r, ~ ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS MOSER THEODORE C ET AL 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: MOSER THEODORE C D/B/A T M TRUCKING but was unable to locate Him in his bailiwi.ck. He therefore deputized the sheriff of WAYNE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 17th, 2005 , this office was in receipt of the attached return from WAYNE Sheriff's Costs: Docketing Out of County Surcharge Dep Wayne County Postage 18.00 9.00 10.00 92.00 .74 129.74 11/17/2005 MDW&O ~;~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ..e " day of ~ 'J ,/ "'^ IYD!.) ~: .~ pr~~taryl <, ' Please mail return of service to Cumberland County Sheriff. Thank you. In Th.e Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Car & Truck Inc t/d/b/a Highlands' Tire & Service Centers VS. Theodore C. Moser d/b/a T.M. Trucking No. 05-5434 civil }Jovv, October 20, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Wayne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~r ~' ,,' . ~ ~z:;.n"".::o...:<t':.4 .~4' Sheriff of Cumberland County, PA Affidavit of Service }Jovv, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So ansvvers, Sheriff of County, PA Sworn and subscribed before me this day of , 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ " . SHERIFF'S DEPARTMENT WAYNE COUNTY, PENNSYLVANIA COURTHOUSE ANNEX925 COURT STREET, HONESDALE, PA 18431 SHERIFF'S RETURN OF SERVICE Place of Origin: Cumberland County, FA Court Number: 5434-Civil-200S Type of Writ or Complaint: Complaint Plaintiff/sf : Carlisle Car & Truck, Inc., t/d/b/a Highlands' Tire & Service Centers Defendant/s/: Theodore C. Moser d/b/a T. M. Trucking Plaintiff Atty: Martson Deardorff Williams & Otto Name of Entity to Serve: Theodore C. Moser d/b/a T. M. Trucking Address: 605 Park St. I White Mills, PA HI473 Place of Service: 605 Park St. , White Mills, FA HI 4 73 Date and time of Service: October 31, 2005 11: 00 AM I hereby CERTIFY and RETURN that I, Gerrit Vanderwell, Jr., Deputy, have served person in charge, Dorothy Moser, wife of Theodore C., the writ or complaint described upon the above named individual, company, corporation, etc., at the place of service shown abov,~. Witness my hand and seal of office at Honesdale, Pennsylvania this 4th day of November, 2005. So Answers Charles Mo ii, Sheriff. ~ G~c-,-rt R /~ Gerrit Vanderwell, Charles Morelli Sheriff of Wayne County Sworn to and subscribed before me this /4- day of '1rv--. 2005 . ~i:;lu2a..?->0 Q. AJ ~t/,-- COMMONWEALTH OF PENNSYLVANIA r....-~;,~~,,~;~;,~~R~'~~:~:~;~~'c~~~::;G l. ~" . r::.",h '1 ?f'.f)P' .0' '_" r.'I'.';"nb.:', F-'<jn;'"jiVafl;u H;;..K:Ci",<3..)(I 0, r.UH.'.t"I""S ...t} .... 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 : NO. 05 - 5434 CIVIL TERM v. THEODORE C. MOSER dlbla T. M. TRUCKING, Defendant TO: THEODORE C. MOSER d/b/a T. M. TRUCKING, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on December ..2/4 f", 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 $517.64 plus reasonable attomeys' 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. ~t~,~, Prothonotary R ,f~ r I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Theodore C. Moser d/bla T. M. Trucking 605 Park Street White Mills, PA 18473 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 NO. 05 - 5434 CIVIL TERM v. THEODORE C. MOSER d/bla T. M. TRUCKING, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of$517 .64, 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 7,2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date ofthe Praecipe. Dated: December 21,2005 MARTSON DEARDORFF WILLIAMS & OTTO (Q;(J[J Carl C. Risch Attorney I.D. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff By , 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 : NO. 05 - 5434 CIVIL TERM v. THEODORE C. MOSER d/bla T. M. TRUCKING, Defendant TO: THEODORE C. MOSER dlbla T.M. TRUCKING 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 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 MARTS ON DEARDORFF WILLIAMS & OTTO c.w..QC:Y2~ Date: December 7, 2005 By Carl C. Risch, Esquire Attorney LD. 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 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: Theodore C. Moser dlbla T. M. Trucking 605 Park Street White Mills, PA 18473 MARTSON DEARDORFF WILLIAMS & OTTO By ,I~ M. Price East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 21,2005 \ i \, \ " \.., '" ...... ~~ o c,:. r-> = .:.;.;;J c.r> c> r""' l---' '" - ~~j '-. '" , <:> ~', -- ---.:, k; '-. "') -'l ~J V\ \..0" '" "fJ '2> -u :J: o -n .-\ ~:n , r: ~.~,rG ::,,0 () ;.., ,:~....' -~.- J.:. '.~ '. I~.~("'S (~'.)0' ~-\ 2-;5 '-<e r-~ .~ co - -----------