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Home My WebLink About05-5461 . F\flLESIDATAFILE\Highlands' TirelCurrenl\11411 14.com Created 7/27/05 10:19AM Revised 10111/05402PM 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, tld/b/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. : NO. 05 - 5lf~1 t;J FLYING J INC. d/b/a FLYING J TRAVEL PLAZA, 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 MA Y BE ABLE TO PROVIDE YOU WITH INFORMA nON 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/dlb/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW :NO.05- Sl.ft./ ~rw- Plaintiff FL YING J INC. d/b/a FLYING J TRAVEL PLAZA, Defendant COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/dlb/aHighlands' 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/dlb/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 Flying J Inc. d/b/a Flying J Travel Plaza is a business entity with an address of 1501 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was One Thousand One Hundred Twenty-nine Dollars and Thirty-four Cents ($1,129.34). 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 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 Flying J Inc. d/b/a Flying J Travel Plaza in the amount of One Thousand One Hundred Twenty-nine Dollars and Thirty-four Cents ($1,129.34), 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 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 One Thousand One Hundred Twenty-nine Dollars and Thirty-four Cents ($1,129.34), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Flying J Inc. d/b/a Flying J Travel Plaza in the amount of One Thousand One Hundred Twenty-nine Dollars and Thirty-four Cents ($1,129.34), plus interest, attorneys' fees and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO By: (({D) Carl C. Risch Attorney I.D. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: \O"~ -uS Attorneys for Plaintiff MICHEUN . BFGOODRICH . BRIDGESTONE . UNIROYAL. MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 :: /.\ F: LIb L. r::: (~~~~:~) ~1,n~)13~~ i...J C i< ::::) [: F \,' I C; E: ~\ I \""-.\ C; . ... .;! i"lULu!. .\/ ::::. I l<F .,_..... ........ .'d' .:(.'\\'-'~\.,._.L ;:::;L.',:::. ";',", . -relephaf10 '71.7/243--;,382 STATEMENTOFACCOUNT ~.."...,..,.......... ...'._" .'_'. _.;,.... _.1." '."-' ,,_... ....t.' ...."...1 ,.. ,....,..'....'\..' F!..._YING IJ TRAVEL_ PL,.AZA AlT. J CARE SERVICE CENTER 1901 HARRISBlJRG PIKE CAI~LISLE, f':'A 1.7013 ast Paymerlt~ 11/26/04 for $ 333.16 PAYMENT DUE BY 1 DTH OF MONTH \":""'\':;"'" J_ I I HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT HOLLY PIKE. CARLISLE, PA 17012 (717) 243.1382 PLEASE RETURN THIS PORTION WITH YOUR PAYMENl ~ PAYMENT DUE BY 10TH OF MONTH AMOUNT REMITTED IF PAYING BY INVOICE - CHECK INDIVIDUAL INVOICES PAID F'j'-'v" I n'v'oi ce ::::'../Of3/0;:, :L'7ri':'.?9~? ,'\ F'I'''\/~ In\/oic:c~ 4/0f.)/O~\ lt~O;S:.l.O "t. Pr'\!" Tn\/c::;ic.E~ (3;5 ~ 00 ~':;;~l(}" 7::::-, c ~j " 00 (3~j ~ O( 1. /9?92 ,::;'t :.::;~IO,,7:: J.FjOblO t:',- :'.:::;''::'0" 7::::: L..ur-I'-€'?n'.~ 0,,00 . V~"-:'l"-' ..>U 0,,00 l \!C~\. ::>U 1,..1'-1(-';';\'" 70 ...h/\=2' I"" 0,,00 350,,73 778,,6 rvice 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 0.00 F' ,,?-.'}i n(")v~;: EXHmIT IIA" 112C."f" ~.:,.q. F'a.y nDV-,l 1. .L;~"? " ::::; ,q. VERlFICA TlON I, Beth Wenrich, of Carlisle Car & Truck, Inc, t/dlbla 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/dlbla Highlands' Tire and Service Centers 131i JL tJ.) 1/IJuI1) Beth Wenrich Dated: \0''>0'; F \FILES\DATAF1LE\Highlands' TirelCurrentll14\1 14com ~ ~ 'G ~ ~~ \ .\ ~ .~ ,~ ~~ ~~ ~0 ~ n c., ~ c:: r-':~, '-") ij~ ~'n o --\ :'."'\ ~ ;=r __ r~~' l..C) . l=~ --""1 f-j -", f') ~I ~ . Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 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 - LAW v. : NO. 05 - 5461 CIVIL FLYING J INC. d/b/a FLYING J TRAVEL PLAZA, Defendant PRAECIPE To the Prothonotary: Please mark the above action settled and discontinued. MARTSON DEARDORFF WILLIAMS & OTTO By Carl lsch, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 7, 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 same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Flying J Inc. 1104 Country Hills Drive Ogden, UT 84403 MARTSON DEARDORFF WILLIAMS & OTTO By M 10 Ea High Street Carlisle, P A 17013 (717) 243-3341 Date: November 7, 2005 o (:" f~. C> <0-- -oi ~ -;::~ C:~ ..'#' c:: v- -1 \ --' ??' -'-'~ -- -- -,.'- "-:J '...:=-- -- (..>:' SHERIFF'S RETURN - REGULAR CASE NO: 2005-05461 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS FLYING J INC DBA FLYING J TRAV BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FLYING J INC D/B/A FLYING J TRAVEL PLAZA the DEFENDANT , at 1521:00 HOURS, on the 27th day of October , 2005 at 1501 HARRISBURG PIKE CARLISLE, PA 17013 by handing to TRACY STERLING, GENERAL MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 4.80 .37 10.00 .00 33.17 -""'1 ._",..c;/ ,/'" .0' _~ ,-,L// . ""- "/ . .,- ....;:'~...P"';.:~~~-,:.:'~~ /f~#~~ , R. Thomas Kline 10/28/2005 MDW&O Sworn and Subscribed to before By: me this qs.- day of n.VH~ ':<0-05 A.D. (!.~ , ~r~1