HomeMy WebLinkAbout06-1254M-D TRUCK SALES : IN THE COURT OF COMMON PLEAS OF
AND SERVICE, INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff : CIVIL ACTION - LAW
V. : NO. 06- l? 5Y CIVIL TERM
PREMIER DELIVERY CO., LLC
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 the pleadings and
Notice are served, 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 pleadings or for any other claim of relief
requested by the Plaintiff. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3t66
Wayne V. Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
M-D TRUCK SALES
AND SERVICE, INC.,
Plaintiff
V.
PREMIER DELIVERY" CO., LLC
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06- /a S?
CIVIL TERM
COMPLAINT
1.
Plaintiff M-D TRUCK SALES AND SERVICE, INC. is a corporation organized
and existing under the laws of the Commonwealth of Pennsylvania, and engaged in the
business of motor vehicle sales, repair and inspection with its main office and principal
place of business located at 7401 Paxton Street, Harrisburg, Dauphin County,
Pennsylvania 17111.
2.
Defendant PREMIER DELIVERY CO., LLC is a Pennsylvania limited liability
company with offices at 812 Kent Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17050.
3.
From June 18, 2004, through April 7, 2005, Plaintiff supplied materials and labor
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
for repairs and maintenance for various motor vehicles owned by Defendant.
4.
Defendant agreed to pay for all of the work performed by Plaintiff in accordance
with Plaintiff's fee schedules therefor.
5.
Defendant made payments on account of Plaintiff's invoices in the total amount of
$11,233.06, leaving a balance on March 11, 2005, in the amount of $8,639.83.
6.
The following invoices were not included within the aforesaid balance of
$8,639.83:
Date Invoice Number mount
1/17/05 3235 $608.17
3/ 1105 3423 1,002.38
3/ 7/05 3393 2,412.25
3/ 7/05 3572 517.80
3/16/05 3630 91182
4/ 7/05 3366 516.75
TOTAL $5,970.17
7.
The prices charged by Plaintiff for the labor and materials supplied were fair and
WAY-NF, F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
reasonable and were the ordinary market prices therefor and the prices that Defendant
promised and agreed to pay to Plaintiff.
-2-
8.
Defendant accepted the work and materials without objection.
9.
The balance due and owing to Plaintiff from Defendant is $14,610.
10.
In spite of repeated demands of Plaintiff for payment, Defendant has failed and
refused to pay the balance due or any part thereof.
WHEREFORE, Plaintiff demands judgment against Defendant in the sum of
$14,610 with costs and interest from April 7, 2005.
Wayne . Shade, Esquire
Supreme Court I.D. #15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
WAYNE F. SHADE.
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
-3-
I, DENNIS V. LANDI, verify that I am the Vice President of M-D Truck Sales and
Service, Inc. herein, that I make this verification on its behalf being authorized to do so
and that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn falsification to authorities.
Date: March 2 , 2006 r--- i?
Dennis V. Landi
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
C? ?
T? crt ?,
t' t
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,.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01254 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
M-D TRUCK SALES AND SERVICE
VS
PREMIER DELIVERY CO LLC
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
PREMIER DELIVERY CO LLC the
DEFENDANT , at 1412:00 HOURS, on the 9th day of March , 2006
at 812 KENT DR
MECHANICSBURG, PA 17050 by handing to
JASON SWAUGER, TREASURER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.44
Postage .39
Surcharge 10.00
.00
39.83
Sworn and Subscribed to before
me this -11A* day of
?Y a.UV . D.
61 -7
rotho ry
So Answers:
R. Thomas Kline
03/10/2006
WAYNE SHADE
By:
/ ?, )o /W; e?
Deputy Sheriff
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
n L - 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