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Home My WebLink About06-0914Carl 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/d/b/a HIGHLANDS' TIRE & SERVICE CENTERS, Plaintiff V. R & J PAVING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 9{y NOTICE You have been sued in court. Ifyou 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 ajudgment maybe 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 MAY 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F T(LES\OATAFILE\Hi,h1.rds' T,, \T....r,%126\126 wm Created 2/8/06 9:09AM Revised'. 2/14/06 9'. I6AM 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/d/b/a IN THE COURT OF COMMON PLEAS OF HIGHLANDS' TIRE & SERVICE CUMBERLAND COUNTY, PENNSYLVANIA CENTERS, Plaintiff : CIVIL ACTION -LAW L Gv P ??» V. : NO. 06 - '71Y R & J PAVING, 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: 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, PA 17013. 2. Defendant R & J Paving, Inc., is a business entity with an address of 6276 Route 309, New Tripoli, Lehigh County, Pennsylvania 18066. 3. Plaintiff sold parts and provided service to Defendant on various dates. The total cost for parts and service was One Thousand Six Hundred Twenty-four Dollars and Forty-seven Cents ($1,624.47). 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. COUNTI BREACH OF CONTRACT Plaintiff hereby incorporates by reference averments contained in Paragraphs 1 through 6 of this complaint. 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 R & J Paving, Inc., in the amount of One Thousand Six Hundred Twenty-four Dollars and Forty-seven Cents ($1,624.47), plus interest, attorneys' fees and costs of suit. COUNT II IN QUANTUM MERUIT 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 Twenty-four Dollars and Forty-seven Cents ($1,624.47), exclusive of interest and costs. WHEREFORE, Plaintiffdemands judgment against Defendant R & J Paving, Inc., in the amount of One Thousand Six Hundred Twenty-four Dollars and Forty-seven Cents ($1,624.47), plus interest, attorneys' fees and costs of suit. MARTSON DEARDORFF WILLIAMS & OTTO By: Cal Carl C. Risch Attorney I.D. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Z , t5,0(, Attorneys for Plaintiff MICHELIN • BFGOODRICH • BRIDGESTONE • UNIROYAL • MEDALIST HIGHLANDS' TIRE & SERVICE CENTERS 1257 MT. HOLLY PIKE • CARLISLE, PA 17013 (717) 243-1382 ;F11tL..:C`sl...l:i: f)ND r I IGK '31:::L,'V1, 1:::,,:I*IIC.. 1215" I:;i l1;'L..:I:':>I._ Iii: 1['i'.I .. 1.:'0:1.:5 STATEMENT OF ACCOUNT R' 8: .7 PAk.,'ING INC.. I"??ll.!aIJ ..I.14::I:PLiL..:C., I"i^I :Lf.:3t)tr? I...n.::>"!:. 1=':ay;nran4":: 12:02/05 for $ 2',5;3„82 HIGHLANDS' TIRE & SERVICE CENTER 1257 MT. HOLLY PIKE • CARLISLE, PA 1701 (717) 243-1382 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT i I s i 12/07/0 AMOUNT REMITTED IF PAYING BY INVOICE -- CHECK INDIVIDUAL INVOICES PAID PAYMENT DUE BY 10TH • • 04/1670' 2008930 Prv..IIn vt]i ce 1.'-73..84 531.8 6/O' i "'009646A PI""v..:II)voice 46-11 46,.1. 06/01/0 5 2010040 Prv..Invai.ce 157..81 157.8' 0' i 20:LO724• Prv.Invoice 256..52 256..5' f)1:2.5 01 201.1560 Pr"v..Inva:Lc:e 1070.::=9 1070.3 1.0/04%0: I 20135:i32< F'i,v...1nvn:i.ce 39..'75 39.7. CNi I' flrl t. IJve r' ?? 04•el 6( AveY' 9f} [IVeI'" 1. ,•f TOTAL 0.00 39..111 0.00 L 51_'•4.1 1624.4 service charge of 1 12%per month 19% APR will be added to all overdue accounts. Also Ible for all legal and collection fees. AMOUNT DUE IN THE FUTURE '_'f)09646a 46.11. " 010040,:, :1.',:r'7 .. Of 2010724a '56 ;5.:'. ?`f71.7.'S60<n. 1.070.. ?'9 12 0133,;2ca 391175 TOTAL 1624.47 'I .?'?`tl !1'! I::•:a ?.? nrvv.l 'I f.':>O. t]'7 EXHIBIT "A" 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 behalfof 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, Ihave relied upon counsel in making this Verification. This statement and Veri fication are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities, which provides that ifI knowingly make false averments, I may be subject to criminal penalties. Carlisle Car & Truck, Inc, t/d/b/a Highlands' Tire and Service Centers Beth Wenrich Dated: F W ILESDATAFILE\Hlyhlands' Tire\Curren6 120126 cm ?l <-? (? ?' ?_J ?4 -? ?? ... G- ? _? ?, ?_ ?_ C.J ? i _ ?? n w "' r?? c') ?_ ? r 5.? -? ? ? "? ?? , ?? ry ,vAy ? - 1 „`\ Vii. N _, ? ? ` \, ` c .? .. t , t\7 ! ? G SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CAR & TRUCK INC T/D/B VS R & J PAVING INC R. Thomas Kline 4 - 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: I T -T'-N- -T/ but was unable to locate Them deputized the sheriff of LEHIGH in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On October 24th , 2006 this office was in receipt of the attached return from LEHIGH Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R' Thomas Kline Dep Lehigh County 42.00 Sheriff of Cumberland County Postage .63 79.63 ?/ //-oL-l7G 10/24/2006 MDW&O Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Car & Truck Inc tdba Highlands Tire & Service Centers vs. ' R&J Paving Inc No. 06-914 civil Now, February 16, 2006 , I,'SHERIFF OF CUMBERLAND COUNTY, PA, 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 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 Sworn and subscribed before ' me this day of , 20 10 COSTS SERVICE - MILEAGE _ AFFIDAVIT County, PA $ z?z? ?. ?- _, Y . Curtis R. Long Prothonotary office of the Vrotbonotarp Cutttbertanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor - q? CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573