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Home My WebLink About05-5547 ,. F\FILESIDA T AFILE\Highlands' TirelCUl'rem\ 112\ t 12com [reated. 7/27/05 IO:19AM Revised 10/1l/Q5338PM 11065.73 6 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, tldfbla HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff CIVIL ACTION - LAW : NO. 05 - 63t-r1 (!~ McCARTHY TIRE SERVICE COMPANY: OF LANCASTER, INC., Defendant v. 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 HA VE 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/dlb/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 05 - ~~''I1 [loa .,.-;---. Plaintiff McCARTHY TIRE SERVICE COMPANY OF LANCASTER, INC., Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., t/d/b/aHighlands' 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/d/b/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 McCarthy Tire Service Company of Lancaster, Inc., is a business entity with an address of340 Kidder Street, Wilkes-Barre, Luzerne County 18703. Defendant also has a place of business at 1004 Stoney Battery Road, Lancaster, Lancaster County, Pennsylvania 17601. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was Two Thousand Seventy Dollars and Fifty-six Cents ($2,070.56). 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, perfonned 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 McCarthy Tire Service Company of Lancaster, Inc., in the amount of Two Thousand Seventy Dollars and Fifty-six Cents ($2,070.56), 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. II. 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 Two Thousand Seventy Dollars and Fifty-six Cents ($2,070.56), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant McCarthy Tire Service of Lancaster, Inc., in the amount of Two Thousand Seventy Dollars and Fifty-six Cents ($2,070.56), plus interest, attorneys' fees and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO By ((QID Carl C. Risch Attorney LD. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: ~\) \."hY~ Attorneys for Plaintiff . MICHELIN. BFGOODRICH . BRIDGESTONE . UNIROYAL. MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 ....... ,~H(,) f,t,~Pil~,,, "c""'..,., iF. , I HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE. CARLISLE, PA 17013 (717) 243.1382 "'..' r", ["" ,; '::': i...ii ii.. r"jC;' '-:>/:i..:- '-i...:t(:::,-'::\ STATEMENT OF ACCOUNT PLEASE RETURN THIS PORTION WITH YOUR PAYMENT ~ -' ,-"": 'i. ./ ::....: (".-', i../;.'.....c..... 'i. .....'.':-:' (-'- - ,...... -...... '. ~ '''': C; C:: (:i F~ !,", i "r T ;::;': F~ /\,i":"i""' r..'.... PAYMENT DUE By 10TH OF MONTH Dr:.: (:': i...J i\j I ') E !::( F; (-i L T i. r-\ L (I ;'~:'rf"-!i iF'; ,--" " "1" ","! ",m, ;--1 1\: t; (-)<:,".-;.-,..-; .: _( 1::;'(::, .i //--,i., ': 'I,':::;T.. F'.:"J.Vijj :::'nt:.: O~.j..' 27 /()i:!. "I"" U r-' + :.:':;1 .<'.,"; ,,'....'... AMOUNT REMITTED IF PAYING BY INVOICE - CHECK INDIVIDUAL INVOICES PAID PAYMENT DUE By 1 QTH OF MONTH INVQI( t NO AMOUNT DU~ v J /(34...:" -I- ':;":'. .'(,l!, ",;['" U,,()O o ()O 0" ()() u" UO ':-"'(', /, I(~: TOTAL 1;~() 7cr" ~i I BALAN( ~ [)lH . . TOTAL 2070 ~ ~.\6 L V" roo," t.J\/t::-;j'" ':.1; w~er' (II) Uve~ 7~) Uver ~.~\J vice charge of 1 112% per month 18% APR will be added to all overdue accounts. Also for a111egal and collection fees. aUNT DUE IN THE FUTURE \)"UU '00 "n; '.J f"J(:)\.\!:: "')(-','7,.-" ii'"; F' ... r"",,"";j/,.j ; ./ '.,,! " ~.:) '::::. EXHIBIT "A" , VERIFICATION I, Beth Wenrich, of Carlisle Car & Truck, Inc, tldlb/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, tldlb/a Highlands' Tire and Service Centers Pul-'1 V.bflNfJJ\ Beth Wenrich Dated: ~\) l,\ -) <; F\FILES\DA TAFILE\Highlands' Tire\Currenl\ 113\] 13.com ~~.~ -0 J ".l -- ' <:Y <.J! :t:\ ~,~ ~ <a' @ ,.' '---:I, ,. -..,-, ---' - . '- .' (:, ., 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, tld/b/a HIGHLANDS' TIRE & SERVICE CENTERS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW v. : NO. 05 - 5547 McCARTHY TIRE SERVICE COMPANY: OF LANCASTER, INC., Defendant PRAECIPE To the Prothonotary: Please mark the above captioned action discontinued. :xmFWILLlAMS & GTro Carl C. Risch, Esquire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: November 2, 2005 Attorneys for Plaintiff r-:> ~ - o ""'" \ N (") C .c_.,.. ~~::' -2..... ~:~{ ~i~: -,' .L___, :< -0 :J,:: t:? o -1 ~ .-4 ::J:-n rn r=: ;'o~ c:\c) :i: :;1 C:)B -:/ rt~ 0' ..-\ -l'>' :p .< SHERIFF'S RETURN - OUT OF COUNTY '- CASE NO: 2005-05547 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ETC VS MCCARTHY TIRE SERVICE CO LANC 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: MCCARTHY TIRE SERVICE COMPANY OF LANCASTER INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LUZERNE County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 15th, 2005 , this office was in receipt of the attached return from LUZERNE Sheriff's Costs: Docketing Out of County Surcharge Dep Luzerne County Postage 18.00 9.00 10_00 26.00 .74 63.74 11/15/2005 MDW&O So answer.s :....~ .,.__~~ .~~"i~c" R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of AfiVUf, kr JUG)" A.~ fi;~~~ -In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Car & Truck Inc t/d/b/a Highland's Tire & Service Centers VS. McCarthy Tire Service Company of Lancaster Inc No. 05-5547 civil Now, October 28, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~(?/ ~ .r ~~?~..4 Sheriff of Cumberland County, P A Affidavit of Service Now, ,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 answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ roD (j70) 8-25-1860 FAX: (570) 825-1849 Luzeme County Sheriff's Department Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 CUMBERLAND COUNTY 05-5547 CARLISLE CAR & mUCK INC ET AL VS MCCARTHY TIRE SERVICE CO OF LANCASTER INC STATE OF PENNSYLVANIA LUZERNE COUNTY, SS: MARY JEAN FARRELL , DEPUTY SHERIFF, for SHERIFF of said county, being duly sworn according to law, deposes and says, that on WEDNESDAY the SECOND day of NOVEMBER 20 ~ at 8:15AM M., prevailing time, he served the within NOTICE & COMPLAINT upon MCCARTHY TIRE SERVICE CO OF LANCASTER INC the within named, by handing to JOHN MCCARTHY the person for the time being in charge at 1HEIR OFFICE AT 340 KIDDER S1REET; WILKES-BARRE in the County of Luzeme, State of Pennsylvania, a true and attested copy and making known the contents thereof. Sworn to and subscribed before me ~# this FOURlH day of NOVEMBER 20 ~ ~Q.~ Prothonotary of Luzerne County Sheriff of Luzeme County by Dep