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Home My WebLink About05-5435 F\FlLES\DA T AF1LE\Highlands' Tire\Currenl\99\99com Created, 7/27/05 10:19AM Revised: 10/10/05 450PM 11065.73 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/dIb/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW t7 -,A Iv- : NO. 05- 5l.jj5' ~ v. PHILADELPHIA TIRE SERVICE a/kla PHILADELPHIA GENERAL TIRE 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 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, t/d1b/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO. O)-S~3~ ~ '-h- v. PHILADELPHIA TIRE SERVICE a/k/a PHILADELPHIA GENERAL TIRE SERVICE, Defendant COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/d!b/aHigWands' 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/d1b/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 Philadelphia Tire Service a/k/a Philadelphia General Tire Service, is a business entity with a last known address of 3375 Richmond Street, Philadelphia, Philadelphia County, Pennsylvania 19134. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was One Thousand Six Hundred Thirty-four Dollars and Ninety-two Cents ($1,634.92). 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 Philadelphia Tire Service aIkIa Philadelphia General Tire Service in the amount of One Thousand Six Hundred Thirty-four and Ninety-two Cents ($1,634.92), 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 and/or parts without paying Plaintiff reasonable compensation therefor. 12. The total amount by which Defendant has become enriched is One Thousand Six Hundred Thirty-four and Ninety-two Cents ($1,634.92), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Philadelphia Tire Service alk/a Philadelphia General Tire Service in the amount of One Thousand Six Hundred Thirty-four Dollars and Ninety-two Cents ($1,634.92), plus interest, attorneys' fees and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO ( (OW By Carl C. Risch Attorney LD. 75901 10 East High Street Carlisle, PAl 70 13 (717) 243-3341 Date: \ ()- \\ -OS Attorneys for Plaintiff MICHELIN. BFGOODRICH . BRIOGESTONE . UNIROYAL' MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 1.:(''\'<\. :i".::!. :'., I{H'n ?'jj.:h13~i2.:uC.I<' '.:';L:>:\!Ii:::\:"" H..le" J::?~:.:l'./ j..j(j!...L."( PII<.E i:::(:;f..:L. I ::"::;L..r:: !-';'::"j" :L ',/Ot::::; e:Lel)11()~')0 7:L7/243-.:1.3f;? STATEMENT OF ACCOUNT ~ ::"H): L{-"-il)EL.::'HI (."1 i:.EI---iE:F:f\L "t'I;'.:E :~;EF~VJCF 337j 1:~:I:(::!'1~1()I~I) ~3'1'1:~j~:i~:'I \::-HJ.L.t)I)E::I...F'H\{:!~; f.'{:, l:):L~:')q 1...1 F: f:-1 ~~~t F:'aymerlt: OJ./02/04 -i:oy' $ l~69.,OO PAYMENT DUE By 10TH OF MONTH P-::I,CjiE' , I HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 (717) 243-1382 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT ~/,..,.......". ". ..". - .... ) PAYMENT DUE By 10TH OF MONTH AMOUNT REMITTED If PAYING BY INVOICE ~ CHECK INDIVIDUAL INVOICES PAID 1,/ ::::;<>/0:.:, :\:':',;(')(.'t"7 Pr......." Inv(.'Jicf.':' :::;.,~~;o9.. 'i"'::'~ Bi::.O:)..\?D -,,/ i,,:'~:' ,J i.).,:, ~:::,,~~eo ~,') ~.~' 1'-',,' .. In '-..lO 'I, Ci::,' ~~~ 4":") .. 00 .'.r ;-, '- ,..' /.. .. v -. M ','::. .. .~_..' i,;" ;)(:' f") (""1 0.. O( 0.. 00 :i.1.>:.:\.q.. 9:~' ice charge of 1 112% per month 18% APR will be added to all overdue accoun~s. Also for aU legal and collection fees. lUNT DUE IN THE FUTURE (.1" ()() F' .;:!, >/ n CJl.~J :: EXHIBIT "A" f:69..9c ::::;:3b47' ~':\ ~:l.!,6 " Of 5::):::0 ~,~l i::t TOTAL :L6~,ll . 'to ~,?";~6.. 00 H-4L \,f'{ f JI . . TOTAL 16:'5''-i ,,9~: :i..~)~34" (?~:': p;:\~/ rH)I,.~J 16..::;4,,(,"J~':: 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. 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 &ULlA.J.L-I'Lru:-GL Beth Wenrich Dated: fo} ''1 10r- ,<~ C) =' "':'> -11 c,::"" ~ 0 .-1 ::r:-]1. ~ (') I~'~) r,'--c ~ .-\ ;:-; ~ c:'; j CO - \J'" -:1 -"~ t'S " v", -' ()r-n j:-" -C> ..S> "'\ r:~" .'-{ ...., t~ .... ......" ~~ ~ -.'l v-, v C Carl C. Risch, Esquire Ten East High St. Carlisle, PA 17013 717-243-3341 V. ) ) ) ) ) ) ) Commonwealth of Pennsylvania Cumberland County Court of Common Pleas Docket/Index # 05-5435 CARLISLE CAR & TRUCK, INC. PHilADELPHIA TIRE SERVICE AlKlA PHILADELPHIA GENERAL TIRE SERVICE Affidavit of Service Commonwealth of Pennsylvania SS: County of Philadelphia I, George Phillips being duly sworn according to law upon my oath, depose and say, that deponent is not a party to this action, has no direct personal interest in this litigation and is over 18 years of age. That on October 21, 2005 at 2:15 PM, deponent served the within named Complaint upon Philadelphia Tire Service a/k/a Philadelphia General Tire Service, Defendant. Said service was effected at Philadelphia Tire Service a/kla Philadelphia General Tire Service, 3375 Richmond SI., Philadelphia, PA 19134, in the following manner; By delivering thereat a true copy of each to Ms. Robinson personally. Ms. Robinson stated that she was the Manager thereof, an authorized person to accept service of process. Ms. Robinson is described to the best of deponent's ability at the time and circumstances of service as follows: Sex: Female Skin: Caucasian Hair: Blonde Age(Approx): 30 Ht.(Approx): 5' 3" Wt.(Approx): 130-140 Ibs Sworn to before me on October 26, 2005 aR~ I hereby affirm that the information contained in the Affidavit of Service is true a d rect. This affirmation is made subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to uth i ies. No ari Seal Regin A. Richman, Notary Public Falls Twp., Bucks County My Commission Expires: December 12, 2005. George Phillips, Process Server Dennis Richman's Services For The Professional, Inc. 1617 JFK Boulevard, Suite 820 Philadelphia, PA 19103 (215) 977-9393, (215) 977-9806 (Fax) DRS # 36675 ("") ~~ ~, ...., = = "-" z c:::.> ...c I W ~ :r::o rnr::: -oill -r:J'-~ '0)(; ~-t~ \:~~i~ ,.,r ":={ :e:: :!2 --n ~. -" '-:? \LJ 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, t1d1b/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff v. PHILADELPHIA TIRE SERVICE alk/a PHILADELPHIA GENERAL TIRE SERVICE, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05 - 5435 PRAECIPE Please mark the above action settled and discontinued. Date: December 21, 2005 ~:RWRFF WIlliAMS & OlTO Carl C. Risch, squire Attorney I.D. No. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff ,...., => o:.~_? c.r' C) rn ,0 1" -c ~ o -n ..... 'J:-n rnp ~CJ ;r:'\ :vc(' (::-:1C]. - -.. :\~ ;:~~>P (,j ~g. .~, r;:? s~-