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HomeMy WebLinkAbout95-05420 .. . .. , .. CARLISLE CARRIER CORPORATION, : IN THE COURT OF COMMON PLEAS Successor By Merger To CARLISLE : CUMBERLAND COUNTY, PENNSYLVANIA EQUIPMENT COMPANY, INC., Plaintiff : CIVIL ACTION - LAW v. : NO. 95.5420 Equity Term CLOUSE TRUCKING, INC., Defendant PRAECIPE TO THE PROTHONOTARY: PLEASE enter my appearance on behalf of Defendant Clouse Trucking, Inc. In the above-captioned action. Respectfully submitted, CALDWELL & KEARNS JJ By: Ja es . Clippinger, Attom.e I.D. No. 0715 Attorneys for Defendant Trucking, Inc. 3631 North Front Street Harrisburg, PA 17110 717-232-7661 use Dated: November 1, 1995 (60646) 008261.QOO13/Dcccmber6, 1995/RWS/OCP/48871 . CARLISLE CARRIER CORPORATION, SUCCESSOR BY MERGER TO CARLISLE EQUIPMENT COMPANY, INC., Plalntlrr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9J:.~. SJ/~U v. IN EQUITY CLOUSE TRUCKING, INC., Defendant . . PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned matter settled and discontinued. JOHNSON, DUFFIE, STEW ART & WEIDNER By: '/ . ~ ,.,.7. , ....., ~v //,~,/ ," Richard W. Stewart 1.0. No. 18039 30 I Market Street P. O. Box 109 Lemoyne, PA 17043'()109 (717) 761-4540 Attorneys for Plaintiff co ~ c cO 8~ z: '<C :;; .. fs? co 9-tJ I II ~ , tl1 (.., l<l C ~ & ..., CI\ U ~ S ~ m i ~es~ !hm ":i~~ ~ o ~ 0 lJ) S ~ - 00826I-OOOOIICl<:tobcr4, 1995/RWS/DCW/46381 " CARLISLE CARRIER CORPORATION, SUCCESSOR BY MERGER TO CARLISLE EQUIPMENT COMPANY, INC., Plalntlrr . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 15 - j'It'lei C'ftll '~]( ')t'1' ,,- IN EQUITY v. CLOUSE TRUCKING, INC., Defendant . . . . . . . . NOTICE TO DEFEND To the Defendants: 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 defense 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle. PA 17013 (717) :I~9 1m . .,.II/ ( 0- 21"0 008261-OOOOJlOclobcr 4, 1995IRWSIDCW/46381 CARLISLE CARRIER CORPORATION, SUCCESSOR BY MERGER TO CARLISLE EQUIPMENT COMPANY, INC., Plalntlrr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . ('~ -r.~ NO. r;)- !N 3c -~' I v. IN EQUITY . . CLOUSE TRUCKING, INC., Defendant . . . . COMPLAINf I. The Plaintiff. Carlisle Carrier Corporation, Is a Pennsylvania Corporation with a prlnclpal office at 6380 Brackbill Boulevard, Mechanlcsburg, Cumberland County, Pennsylvania. The Plaintiff Is Successor by Merger to Carlisle Equipment Company, Inc. 2. The Defendant, Clouse Trucking, Inc., Is a Pennsylvania Corporation with a principal office at 2075 Rittner Highway, Carlisle. Cumberland County, Pennsylvania. 3. On or about May 25, 1990, the Defendmt, Clouse Trucking, Inc. sold a 1987 Pruehaf trailer Serial No. IH2V04825HHOI6704 to Carlisle Equipment Company. Inc. together with other trailers and tractors for a total consideration of $700,000.00. 4. The Defendant caused the certificate of title to the aforesaid trailer to be transferred to Carlisle Equipment Company, Inc. on or about the same date. A true and correct copy uilhe cenifiCll1ll of title. executod by the Defendant. is attached hereto and is made a part hereof by reference. 5. The said Carlisle Equipment Company, Inc. caused an encumbrance to be placed upon the aforesaid title in favor of the Defendant. Clouse Trucking, to secure repayment on the Note given by Carlisle Equipment Company, Inc. to the Defendant. 6. The Plaintiff has paid all sums due and owing under the aforesaid Note which the encumbrance was given to secure on or about July I. 1994. ,- . OOS261-OOOOIIO<lobcr 4, 1995IRWSlDCW/463SI 7. The Defendant Is required by law, upon the satisfaction of a security interest, to immediately deliver the certllicale of title to the Plaintiff with evidence of satisfaction and release. See 75 Pa.C.S.A. 01135, 8. The Plaintiff has requested that the Defendant satisfy the encumbrance on the certilicate of title on the aforesaid Fruehaf trailer owned by the Plaintiff but the Defendant has failed and refused to do so. TIlEREFORE, the Plaintiff prays that your Honorable Court enter an order: (a) Directing the Defendant to satisfy the encumberance on the certilicate of title to the aforesaid 1987 Fruehaf Serial No. IH2V04825HHOI6704; (b) Deliver the cenllicate of title to the aforesaid Fruehaf Serial No. IH2V04825HHOI6704 to the Plaintiff; and (c) Award the Plaintiff attorney's fees and court costs for the Defendants refusal to satisfy the aforesaid certllicate of title and deliver the certilicate of title to the Plaintiff as required by law. (d) Such other relief as the court deems necessary and proper as a result of Defendant's actions. Respectfully submitted. JOHNSON, DUFFIE, STEWART & WEIDNER By: -r::f{;~;/ /;"~ ,,:/c:,-..J- Richard W. Stewart I.D. No. 18039 301 Market Street p, O. Box 109 Lemoyne, PA 17043'{)109 (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, }) ^ v:c:"\:) \... \U G "\ 2.lE-2 ,~~ ,'t:>F-t T of Carlisle Carrier Corporation, Successor by Merger to Carlisle Equipment Company, Inc., Plaintiff named in the foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of the facts set fonh In the foregoing and that said facts are true and correct to the best of my knowledge formatlon and belief, I understand that false statements made herein are subject to the peirles of 18 Pa.C.S relat to unsworn falsification authorities. (~ /I:>/...../~~ Dated: "'C..1 00826HlOOOIIOc\obcr4, 199'IRWSIDCW/46381 o:M> !!'" 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