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Home My WebLink About05-5462 F \fILES\DA T AFlLE\Highlands' Tire\Ctlrrent\58\58 ,com Created 7/27/05 1019AM Revised ]0/11/054]7PM 1106573 Carl C. Risch, Esquire MARTS ON 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, PENNSYL VANIA CARLISLE CAR & TRUCK, INC, tldlbla HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff CIVIL ACTION - LAW : NO. 05 - 5l/6;) C~ v. ANTHONY M. BRIDA, 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 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, t1dfb/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW /l './ ........-- : NO. 05 - ~/r'.2 ~ Ie-- Plaintiff ANTHONY M. BRIDA, INC., Defendant COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/d/b/a 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., t1dfb/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 Anthony M. Brida, Inc., is a business entity with an address of P.O. Box 340, Glassboro, New Jersey 08028. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was One Thousand Five Hundred Eighty-six Dollars ($1,586.00). 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 Anthony M. Brida, Inc., in the amount of One Thousand Five Hundred Eighty-six Dollars ($1,586.00), 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 One Thousand Five Hundred Eighty-six Dollars ($1,586.00), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Anthony M. Brida, Inc. in the amount of One Thousand Five Hundred Eighty-six Dollars ($1,586.00), plus interest, attorneys' fees and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO By: @DD Carl C. Risch Attorney LD. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: lU vl.,-()':" Attorneys for Plaintiff MICHELIN' lEE. BRIDGESTONE . DUNLOP TIRES HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 CAr,LISL.E ~~W f-.tib13jl~UCK SEHVICE, It~C.. L,'ci)' HOL.L.Y 1"'11<1::: C{;1f;~L.I~:)LE Pt... 1/01;"; TelepllOr}e 717/243-1382 I I HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT HOLLY PIKE. CARLISLE, PA 17013 (717) 243-1382 Pdqf:'~ :L STATEMENT OF ACCOUNT PLEASE RETURN THIS PORTION WITH YOUR PAYMENT ~ ANTHONY I~.. BHIDA It-Ie.. F' .. 0" BOX ;':li.lO GLfl~:}SE~CH:~O:1 !\I~J OB02n unA i,l.'''. t Pay"'.",", t ,: Of.I/~,: :'.VO~j 'fi:w $ ~!OO.. 00 AMOUNT REMITTED IF PAYING BY INVOICE - CHECK INDIVIDUAL INVOICES PAID .;UI"rE~n ". 0..00 0.00 ,> . vel" 0.0 0.00 V('?F' ....c:., 1586..0 TOTAL 1586.0 BAI p,1\,J( l:- UUI . . TOTAL 1 '.\S6 .. 00 vice charge of 1 1/2% per month 18% APR will be added to all overdue accounts. Also for a111egal and collection fees. OUNT DUE IN THE FUTURE 0.00 Pay now: 1586.00 Pay now 1586..00 EXHIBIT "A" VERIFICATION I, Beth Wenrich, of Carlisle Car & Truck, Inc, t/dIb/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. Ii 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subj ect to criminal penalties. Carlisle Car & Truck, Inc, t/dIb/a Highlands' Tire and Service Centers IJ tt ^ IJ..J UI J1; (jr, Beth Wenrich Dated: \.0\.'\;-0"> F\flLESIDA T AFILE\Highl;lJ1ds' TireICurrenl\58\58 com \~ "'. ~ - , '""' ~. ~ ~ ~> "- ---J . ~ ~~ ~~ \ \\ ~;,~ ~ ~ () -n c.') :-1 C") ~[;i7J ..~; ~ \.LJ ,-(," !") , i'') ~~_: i'-;-l ~:.J __. (,..) ~:G (.,~l .-<: - ~ 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, tldIh/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. : NO. 05 - 5462 ANTHONY M. BRIDA, INC., Defendant AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYL VANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Anthony M. Brida, Inc., P.O. Box 340, Glassboro, NJ 08028, by certified mail, return receipt requested. Attached is the Post Office return receipt signed and dated October 22, 2005. ~yARTScmsB WILLIAMS & aTro Carl C. Risch, Esquire Attorney ID No. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Sworn to and s~1~d before me this day of October, 2005. ~lit,~ ~bhc C ONW ALTH Of PENNSYLVANIA Nolarial Seal .._~ M. Price, Notary Puolic -..... Bora. Cumberland Counly My Commission Exwe.Allg. 18,2007 Member. Pemsylvarua ASSOCl3bQn of Nataries '.. , Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ClKHzvr t( V ;J 0 V~&/ )JLc~) jLiJ 2. Article Number {Transferfrom_1abeIJ PS Form 3811, February 2004 ,1 fj J' t,)/fk6iJJ ,; t-c.1 I' 'PIC L" (>1\ /) (/ . (lUO"'-.--('J D. Is delivery address d t from item 1? 0 Yes If YES. enter detivery address below: 0 No """''A ~c'C4l'~;) 3. Seryice Type ~ed Mail 0 Express Mall , 0 Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 0390 0003 2636 5375 Domestic Return Receipt 10259S.o2-M-1540 LJ1 l'- fTl LJ1 U.S. Postal Service".! CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Ins.urance Coverage Provided) ..D 'fTl '..D ru fTl D D D ,p',," IV' ,'" i t''4 Gl~BGilb tr 01028' Postage $ Certified Fee Return Receipt Fee (Endorsement Required) o Restricted Delivery Fee [J"" (Endorsement Required) fTl D Total Postage & Fees , q,(f) $~3<l $lt?57 S- $0.00 n"'''',:,''~ , , U1ol',~ '_"', ^) ./~r" PO'.'!&I '- I" "20 L \ "", I" \ ','!'" .,. -""i; .r' tQ(~.. $ $ ~ LJ1 D D ['- ...' L: , . . . 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, t/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. : NO. 05 - 5462 ANTHONY M. BRIDA, INC., Defendant TO: ANTHONY M. BRIDA, INC., DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT '1M ,2006, the following Judgment was entered against You are hereby notified that on April you in the above-captioned case: Judgment in favor of Plaintiff and against Defendant in the amount of $1,586.00, plus reasonable attorneys' fees, costs of suit and interest from date of judgment at 6% per annum for Defendant's failure to file an answer to the Complaint. tl (~"T.;' rbthonotary R -t~o I I hereby certifY that the name and address ofthe proper person to receive this notice under Pa. R. Civ. P. 236 is: Anthony M. Brida, Inc. P.O. Box 340 Glassboro, NJ 08028 F :\FILES\DA T AFILEIHighlands' TirelCurrentl5815 8.pra. default Created: 4/3106 4:20PM Revised: 4/3/06 4:20PM Carl C. Risch, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CARLISLE CAR & TRUCK, INC, t/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. : NO. 05 - 5462 ANTHONY M. BRIDA, INC., Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of$l ,586.00, 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 fOITI1 attached hereto) was mailed to Defendant at its last known address on February 8, 2006, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: April 4, 2006 MARTSON DEARDORFF WILLIAMS & OTTO ( 0]j) By "- Carl C. Risch Attorney LD. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Carl C. Risch, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 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 v. : NO. 05 - 5462 ANTHONY M. BRIDA, INC., Defendant TO: ANTHONY M. BRIDA, INC. DATE: FEBRUARY 8, 2006 P.O. Box 340, Glassboro, NJ 08028 IMPORT ANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY ORBY ATTORNEY AND FILE IN WRITING WlTHTHE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (J 0) DA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VEALA WYER, 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 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 MARTSON DEARDORFF WILLIAMS & OTTO e~J2... By Carl C. Risch, Esquire '. . ' 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: Anthony M. Brida, Inc. P.O. Box 340 Glassboro, NJ 08028 MARTSON DEARDORFF WILLIAMS & OTTO BL~ 'ICe Q~ M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: f/ ~6 0v-h-// ~~ --meU- - . J>Lc;.. t'}L/ pi ~51,--co/( 71- r (7(76 J ~.rpJ 11-' I\-; 7:> 'r' I" \..! U .1./ ~';o '1- :","i F:\FILES\DA T AFll..E\Highhmds' Tire\Current\58\58.pra_S8tisfy Created: 4/3/06 4:20PM Revised: 6/21/06 3:24PM 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/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 05 - 5462 ANTHONY M. BRIDA, INC., Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned judgment satisfied and issue a certificate reflecting the same. Dated: June 22, 2006 By Carl C. Risch Attorney LD. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff (') >~\ r<~ N - (;: .r::: U.'~