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Home My WebLink About02-2049ROGER WEIDNER and MELISSA WEIDNER, husband and wife, d/b/a PRUITT TRUCKING, Plaintiffs 1-81 CARLISLE FUEL STOP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- o204~ CIVIL TERM CIVIL ACTION-LAW 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 an 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ROGER WEIDNER and : MELISSA WEIDNER, : husband and wife, d/b/a : PRUITT TRUCKING, : Plaintiffs Vo 1-81 CARLISLE FUEL STOP, INC.,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ,~o ~t ~ CIVIL TERM CIVIL ACTION-LAW COMPLAINT NOW, come Plaintiffs, Roger and Melissa Weidner, d/b/a/Pmitt Trucking, and file the within Complaint and, in support thereof, set forth the following: 1. Roger and Melissa Weidner are adult individuals d/b/a Pmitt Trucking with a residence address of 230 Conrad Lane, Gardners, Adams County, Pennsylvania. 2. Defendant, 1-81 Carlisle Fuel Stop, Inc., is a Pennsylvania corporation with a principal place of business located at 1550 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. Carlisle Fuel entered into an agreement with Pruitt Trucking whereby Pruitt Trucking was to render excavating services to Carlisle Fuel. These services included, but were not limited to, removal of a large pile of debris on the property of Carlisle Fuel. 4. Payment for the services rendered by Pruitt Trucking were to be compensated on an hourly basis. 5. Work commenced in May, 2001 and was completed in June, 2001. 6. Everyday that services were provided by Pruitt Trucking to Carlisle Fuel, a time ticket was provided to Carlisle Fuel for the work rendered and these tickets were signed and accepted by a representative of Carlisle Fuel. True and correct copies of the time tickets are attached hereto as Exhibit "A" and are incorporated. The time tickets stated, in bold letters, the following: 1 1/2% per month added after 30 days. 8. The time tickets were complied to prepare invoices which were mailed to Defendant for the services rendered. True and correct copies of the invoices are attached hereto as Exhibit "B" and are incorporated. 9. Defendant has, without justification, failed and refused to pay the amount due for the services rendered. The amounts billed to Defendant total $9,003.03. 10. Finance charges for the amount unpaid by Defendant total $1,169.52 to April 1, 2002 and continue to accrue at the rate of $4.43 per diem. COUNT I BREACH OF CONTRACT 11. Plaintiffs incorporate paragraphs one through ten as though set forth at length. 12. Defendant agreed to pay Plaintiffs for the services to be rendered. 13. Defendant has breached the agreement by failing to pay for the services rendered. WHEREFORE, Plaintiffs request judgment in their favor and against the Defendant for the sum of $10,172.55 plus interest, costs and expenses and finance charges accruing to the date of award all in an amount requiring compulsory arbitration. Respectfully submitted, scI-i .p David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/pruitt/complaint.pld VERIFICATION I verify that the statements made in the foregoing Roger and Melissa Weidner d/b/a Pruitt Trucking's Complaint Against 1-81 Carlisle Fuel Stop, Inc. 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. ~/R'oger Weidner Melissa Weidner davo/litigation/pruitt.lrueking/mechanics.com EXHIRI~ "A" 'i ~o 0 Z O0 Pruitt Trucking 230 Com'ad Lane G,e, rdners, PA 17324 DATE INVOICE # 6/1/01 200216 BILL TO 1-81 Carlislc Fucl Stop, Inc. Citgo 1550 Harrisburg Pike Carlisle, Pa. 17013 P.O. NO. CHECK NO. DATE QTY DESCRIPTION TICKET NUM... RATE AMOUNT 5-25 1.5 Hours Moveing Cat Loader 0378 50.00 75.00 12 1 Hours Cat Loader 50.00 600.00 5-31 1.5 Ho~rs Movcing Cat Londer 0379 50.00 75.00 13.5 Hours Cat Loader 50.00 675.00 7-2 Finance Chnrgcs on Overdue Bnlnnce 21.38 21.38T 8-2 Finance Chargcs on Overdue Balance 21.71 21.71T 9-1 Finance Charges on Overdue Balance 22.06 22.06T Payment in full duc within 15 days PA. 6% Sales Tax 6.00% 3.91 1 1/2 per month added after 30 days. Total $1,494.06 Pruitt Trucking 230 Conrad Lane Oardners, PA 17324 DATE INVOICE # 6/15101 200221 BILL TO 1-81 Carlisle Fuel Stop, Inc. Citgo 1550 Harrisburg Pike Carlisle, Pa. 17013 P.O. NO. CHECK NO. DATE QTY DESCRIPTION ~ TICKET NUM... RATE AMOUNT 6-7 I Movcing Chargc for Track_hoc 0324 200.00 200.00 10 : Hours Trackhce 100.00 1,000.00 6-8 15 Hours Trackhce 0380 100.00 1,500.00 6-9 15 Hours Tracldme 0381 100.00 1,500.00 5' Hours Cat Loader 50.00 250.00 6-10 17 Hours Trackhce 0382 100.00 1,700.00 6 Hours Cat Loader 50.00 300.00 5 Hours Labor 18.00 90.00 2 Tri-axlc lond{s} of topsoil 195.00 390.00T 6-11 4.5Hours Trackhce 0383 100.00 450.00 3 Hours Cat Loader 50.00 150.00 7-16 Finance Charges on Ovcrduc Balance 113.31 113.31T 8-2 Finance Charges on Overdue Balance 115.13 115.13T 9-1 ?inance Charges on Overdue Balance 116.94 116.94T Payment duc in full within 15 days PA. 6% Sales Tax 6.00% 44.12 I 1/2 per month added after 30 days. Total $7,919. o ROGER WEIDNER and MELISSA WEIDNER, husband and wife, d/b/a PRUITT TRUCKING, Plaintiffs v 1-81 CARLISLE FUEL STOP, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02 - 2049 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of the firm of Broujos & Giiroy, P.C. on behalf of Defendant 1- 81 Carlisle Fuel Stop, Inc. in the above matter. On behalf of the Defendant, I hereby accept service of the Complaint filed in this matter on April 30, 2002. Date: Hubert X. Gdroy, Es~ire Atto .rney for ..Defen~a'nt Broujos & Gliroy~P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 ROGER WEIDNER and MELISSA WEIDNER, husband and wife, d/b/a PRUITT TRUCKING, Plaintiffs 1-81 CARLISLE FUEL STOP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2049 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discominued with prejudice. Date: August /6 ,2002 Respectfully submitted, O'BRIEN, BARIC & SCHEP~R David A. Baric, Esquire ID #44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on August itc ,2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue With Prejudice, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy Four North Hanover Street Carlisle, Pennsylvania 17013 David A. Baric, Esquire DAB/Litigation/Pruitt. Trucking/Discontinue.pra