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Home My WebLink About06-0337 , F :\F1LES\DA T AF1LE\Highlands' Tire\Currenl\ 129\ 129 .com Crealcd 7/27/05 I019AM Revised: \/]7/06 8:11AM 11065.73 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 ; NO. (') &,. .:) '3 7 C~l I......... v. : CIVIL ACTION - LAW DAVID E. HOHENSHIL T, INC. and DAVID E. HOHENSHIL T, d/b/a DAVE HOHENSHIL T CRANE, Defendants 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, tldlb/a HIGHLANDS' TIRE & SERVICE CENTERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04,- 331 C~-J, -j..L<---- v. : CIVIL ACTION - LAW DAVID E. HOHENSHIL T, INC. and DAVID E. HOHENSHILT, d/b/a DAVE HOHENSHIL T CRANE, Defendant COMPLAINT AND NOW, comes Plaintiff Carlisle Car and Truck, Inc., tld/b/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/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. Defendants, David E. Hohenshilt, Inc. and David E. Hohenshilt, d/b/a Dave Hohenshilt Crane, are businesses with a last known address of5628 Route 873, Neffs, Lehigh County, Pennsylvania 18065. 3. Plaintiff sold parts and provided service to Defendants on various dates. The total cost for parts and service was Five Hundred Eighty-four Dollars ($584.00). 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 Defendants have failed to pay the amount due. 6. Plaintiffhas fulfilled, performed and complied with all obligations and conditions agreed upon for the parts and service. COUNT I BREACH OF CONTRACT 7. Plaintiffhereby incorporates by reference averments contained in Paragraphs I through 6 of this complaint. 8. Defendants 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 Defendants David E. Hohenshilt, Inc. and David E. Hohenshilt, d/b/a Dave Hohenshilt Crane in the amount of Five Hundred Eighty-four Dollars ($584.00), plus interest, attorneys' fees and costs of suit. COUNT II IN QUANTUM MERUIT 9. Plaintiffhereby incorporates by reference the averments contained in Paragraphs I through 8 of this Complaint. 10. Having requested Plaintiffto perform service and/or to provide parts, and doing so to the benefit of Defendants, Defendants became liable to Plaintifffor said parts service. II. Defendants have been unjustly enriched by accepting said service and/or parts without paying Plaintiff reasonable compensation therefor. 12. The total amount by which Defendants have become enriched is Five Hundred Eighty-four Dollars ($584.00), exclusive of interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant Way-Lin Transport in the amount of Five Hundred Eighty-four Dollars ($584.00), plus interest, attorneys' fees and costs of suit. MARTS ON DEARDORFF WILLIAMS & OTTO carD By Carl C. Risch Attorney J.D. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff '''-.,' ','''''''vu -n'r ' .~..-n MICHELIN' BFGOODRICH . BRIDGESTONE . UNIROYAL. MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE' CARLISLE, PA 17013 (717) 243-1382 CAI'<LI3LE C,<'!F( AI'1f) THUCI< 3ERVICE ,. H,IC" :L:::~,,"? HOLLY PIKE C,"'I':~LI~:;LE Pi',,, 1./0 I. :.'; 're].el)t~(:)r~e 7:1.7/243'-1.3l32 , HIGHLANDS. TIRE & SERVICE CENTE 1257 MT HOLLY PIKE. CARLISLE, PA 17 (717) 243-1382 P <<qt" 1. PLEASE RETURN THIS PORTION WITH YOUR PAYMENT STATEMENT OF ACCOUNT 4HI.O;;? ~ Ub(\ PAYMENT DUE By 10TH OF MONTH DAVE HOHEH:3HILT CHANE I::.., U" BUY:I. BT:, i\!FFF~:~:1 FA :l.B()6~;.) L.~;\~:;t. PE,-ympnt:: ()~;")/~.~::)/O~.) .for. '$ ~.~B6..94 PAYMENT DUE By 10TH OF MONTH AMOUNT REMITTED IF PAYING BY INVOICE - CHECK INDIVIDUAL INVOICES PAID F'lrV.. Invoice 584.0 I:'>\. \ II , . . TOTAL 584.00 CU\.--I""en t O"O( Over. 3 0,.0 Over. 6 0.0 Over- 90 0.00 Ovelr 1.-;;~( 584..0 TOTAL A service charge of 11/2% permonlh 18% APR will be added to all overdue accounts. Also liable for all legal and collection fees. AMOUNT DUE IN THE FUTURE {'I ()() t::.:;'I\/ n'-'lol" '::.nd ()() P.~v nnl'. I:lj:~t.l on Exhibit !lA" 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 thatthe content ofthis 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! knowingly make false averments, I may be subject to criminal penalties. Carlisle Car & Truck, Inc, t/d/b/a Highlands' Tire and Service Centers 1Y./17 !JJ~ Beth Wenrich Dated: F:\F JLES\DA T AF1LEl}liJl:hlands' Tire\Current\ 129\ 129 .com <) r0 f ~ v, "" '"'" 1'-' i'-> -~ \~ ..., ~. ..... ('-'-" '" U\ (."., ~ "" s ~ , -' .'-- c-, (_:'-: ': ) :n -~~J i-:; Cf) f'\f ILES\DAT AFILEIRighlands' Tire\Current\ 129\ 129 _ pra Created. 7127105 \O:19AM Revised: 213/06 2:56PM 11065.73 Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE CAR & TRUCK, INC, tld/b/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff : NO. 06 - 337 CIVIL TERM v. : CIVIL ACTION - LAW DAVID E. HOHENSHIL T, INC. and DAVID E. HOHENSHIL T, d/b/a DAVE HOHENSHIL T CRANE, Defendants PRAECIPE To the Prothonotary: Please mark the above captioned action settled and discontinued. :mRFF WILLIAMS & OTTO Carl C. Risch Attorney LD. 75901 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: February 3, 2006 Attorneys for Plaintiff o <;;, ,....., ~ ,-;:? .-::r" --<1 C \j.' \ cP q, -' ~-f, r~"\e. <i\.~-, --\-J"-l" ,,) ,':-., -c.'. ..;;-" "J;'<. ..:;:~;:.{\ '::::'\ t.:;} >,':\:>, ",-0::::. o - -------- 4 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00337 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS HOHENSHILT DAVID E INC 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: DAVID E HOHENSHILT INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LEHIGH County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 14th, 2006 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs: Docketing Out of County Surcharge Dep Lehigh County Postage ..--- - _./ 18.00 9.00 10.00 49.00 .78 86.78 02/14/2006 MDW&O So ansVi",rs-:--5" :~.~..-;:-~-: - R. Tnomas Kl% Sheriff of Cumberland County __7 Sworn and subscribed to before me to }7- day of j~-u.'4\ 7 this :2_ 0,) (" In The Court of Common Pleas of Cuniberland County, Pennsylvania Carlisle Car & Truck Inc et al VS. David E. Hohenshilt Inc et al David E. Hohenshilt Inc SERVE: No. 06-337 civil Now, January 18, 2006 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .. .r~f"J.c~ Sheriff of Cumberland County, PA 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 , COSTS SERVICE MILEAGE AFFIDAVIT $ ,20_ $ f 1~ ,I . , I i~ v lp"t\8D ""', ...'..". D.4vfi /ioHE"NSH i:1.T SO}J 3 FEd 0(, 10"7-$ 562.8 ~ojiE. !73 /liars 2 s- JAAI 06 I'N 0 1& ~ () 2 7 JII'" 06 /tJ{/ L8 J.;wI. y ,! 1/11601 h17 1Tf'(/' &.'r)'~~~~ ~ ':."_.,~";m. .~e..__....'i:--I.,;pi#C~ ..,i. I .' '/./"" '-' i r,. -I' 1ft "-- , 2.,"1 "~.JI i_ I.::/}'/I-: i.!: , , ), J-o. " i,;,-il/'.ji {'L, :' ^ 'I"~ /.ti, iJ _F j ....~"'^'"'1 "J- -'.. /'-'7 " id /'1.:'1.1" ~'+H".. I. (/ '7 .. .1/;1../ ()f, " ~,r.! / , ,f / / ''/'/'''',!', -1" f/..:fr:i.:.7'~,:, ': ,/ J.:..:-- " ':-rc /t:;.! (/;,. " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00337 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC ET AL VS HOHENSHILT DAVID E INC 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: HOHENSHILT DAVID E D/B/A DAVE HOHENSHILT CRANE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LEHIGH County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 14th, 2006 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/14/2006 MDW&O So answeJ::".5: , ,--~.. ? /? ;.> / ." .- ---- _:~~~~;;~_../- :::50/ / /' R. Thomas Klin ~ Sheriff of Cumberla Sworn and subscribed to before me this W. 17/ day ofJ~f J.lJOL , In The Court of Common Plea!! or Cu::nberland County, Pennsylvania Carlisle Car & Truck Inc et pI VS. David E. Hohenshilt Inc et al David E. Hohenshilt d/b/a Dave Hohenshilt Crane -NO. SERVE: 06-337 civil Now, January 18, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lehigh County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~ Sheriff of Cum her land County, PA 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 L'1e contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE IvIILEAGE AFFIDAVIT $ $ )' . '.J., '1 / , . DAvE J. tlOltfAlsf/IL/ $0,.1 06 3 Ffe }02$ ~(l$ air '373 /,,(r"Fj" 2S Jllf'I 06 J4~o LB(b.C) 2.7 Jillv 06 /aJj 18 @VC- J!Io /ft)//I/!rr .~ //$6 . ,:... z - J-OCP LAfl/2 'f {JIJlfClf\ ~.#? fty~ /-:e",,,.:~...'..YI..~ ... ....._.._ -.',,,,,,,,. . ,-~~ '- -t~~#V4A1iF~