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HomeMy WebLinkAbout07-1182 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYKES LINES LIMITED, LLC a division of CP SHIPS USA, LLC, CIVIL DIVISION Plaintiff, VS. BROCO, INC. doing business as BROCO SUPPLY, Defendant. No. O'7 - //00 COMPLAINT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID #91730 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 00065433 10ebruary-15, 2007 Page 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LYKES LINES LIMITED, LLC a division of CIVIL DIVISION CP SHIPS USA, LLC, Plaintiff, No. vs. BROCO, INC. doing business as BROCO SUPPLY, Defendant. NOTICE AND COMPLAINT NOTICE TO DEFEND 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 upon you, 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 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, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone number: 717-249-3166 February 1 S, 2007 Page 3 COMPLAINT Plaintiff is a limited liability company having offices in Tampa, Florida. 2. Defendant is a corporation having its offices and place of business at 5267 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. At the special instance and request of Defendant, Plaintiff provided Defendant with certain shipping services, as is more specifically shown by Plaintiffs Invoices, true and correct copies of which are attached hereto, marked Exhibit "1" collectively, and made a part hereof. 4. Defendant received, accepted, and benefited from the aforementioned shipping services. 5. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 6. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 7. Plaintiff avers that the balance due amounts to $5,766.00, as is more specifically shown by Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "2", and made a part hereof. February 15, 2007 Page 4 Plaintiff claims legal interest at the rate of six percent (6%) per annum as damages on the liquidated debt from March 5, 2004. 9. Plaintiff avers that interest at the aforesaid rate amounts to $1,020.82 to February 15, 2007. 10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $6,786.82, with continuing legal interest thereon at the rate of 1.5% per month and costs. Respectfully submitted, BERNSTEIN LAW FIRM, P.C. 7 By: Christopher M. Boback, Esquire Attorney for Plaintiff PA I.D. #91730 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. C0065433 '',??• 1, 2?!l'6 11 : SAM CP/DOWNERS LYKES LINES LIMITED, LLCYKES LINES LIMITED, LLC TAMPA. FL WWW.LYKESLINES.COM rustamar No 447176 Customer Name: SROCO SUPPLY 145 CARLISLE STREET KARRISBURG PA 17112-0000 JNITED STASES INVOICE NO. 131 P. 3 PAGE: 1 ISSUED BY/REMIT TO: LYKES LINTS LIMITED, LLC PO BOX 930661 ATLANTA, GA 31193-0681 WHEN SENDING PAYMENTS VIA OVERNIGHT BTRST VNION/WACHOVIA LOCKSOX PROCESSING CENTER P.O. BOY 930681 3SH ATLANTA AVENUE HAPEVILLE, GA 30354 WHEN SENDING PMTS VIA WIRE TRAVSFZR FIRST UNION BANK OF TAMPA ABA #063 000 021 LYKRS LINES LIMITED, LLC DEPOSITORY ACCOUNT ACCOUNT #209 000 215 6616 BILLING INQUIRIES (813) 276-4600 LYKES ENERGIZER Voyage 016N Invoice Date: 5/27/04 Fort 0! Load:rg: CPT CAPE TOWN Fort of Diecharge: PHL PHXLXDELPHIa RP Invoice #1 C07286616 focume- Number: CPTRL042160 Ve-.sel Operation Date: 4/01/04 Prepared By . SCORYIN Cu Btom°_z Reference No.: ; -c a^eirg charge added as per B/L, per tariff EXHIBIT Total USD 925.00 USD Q+ ?? ?`• i3. [")06 1 iAM CP/DOWNERS -LYKES LINES LIMITED, LLC TAMPA, FL WWW,LYKESLINES,COM .ustomer No 447176 Customer Name: 3R000 SUPP:,Y 345 CARLISLE STREET ++P,RAISBURG PA 17112-0000 :2:ITED STATES ??sael, Voyace: Port of :,fading: Port of Discharge: Document. NLTnber: Ver;se:l Operation Date: Customer Reference No.: INVOICE LYRES ENERGIZER 019H CPT CAPE TOWN PHL PHILADELPE:A CPTRL037280 1/10/04 NO. 131 P. 4 PAGE: Z ISSUED BY/REMIT TO: LYRES LINES LIMITED, LLC PO BOX 930681 ATLANTA, GA 31193-0681 WHEN SENDING PAYMENTS VIA OVERNIGHT FxRSr UNION/WACHOVTA LOCKBOX PROCESSING CENTER P.O. SOX 930681 3555 ATLANTA AVENUE EAPEVILLE, GA 30354 WHEN SENDING PMTS VIA WIRE TRANSFFR FIRST UNION BANK OF TAMPA A8A #063 000 021 LYRES LINES LIMITED, LLC DEPOSITORY ACCOUNT ACCOUNT #209 000 275 6616 BILLING INQUIRIES (813) 276-4600 Invoice Date: 4/30/04 RP Invoice #: 00719$651 Prepared By SCORBIN zotai USD 1204.00 USD p h'V 13.2666 1:24. AM CUDOWNERS LYKES LINES LIMITED, LLLINES LIMITED, LLC TAMPA, FL WWYN'.LYKESLINES.COM Customer No 447176 Customer Name: RROCO SUPPLY 345 CARLISLE STREET HARRISEURG PA 17112-0000 :KITED STATES Y?38e1. VoyanO! Part of :.oadiag: Port of Discharge: :ocumeD: Wamber: V?SSC: Operation Date: Customer Reference NO.: INVOICE LYKIS ENERGIZER 015N CPC CAPE TOWN PHL PHILADELPHIA CPTRLD37280 1/10/04 NO. 731 P. 5 PAGE: 1 ISSUED BY/REMIT TO: LYKES LINES LIMITED, LLC PO SOX 930661 ATLANTA, GA 31193-0691 10M SENDING PAYMENTS VIA OVERNIOXT FIRST UNION/WACXOVIA LOCKB08 PROCESSING CENTER P.O. BOX 930601 3535 ATLANTA AVENUE HAPEVILLE, GA 30354 WHEN SENDING PMTS VIA WIRE TRANSFER FIRST UNION BANK OF TAMPA ARA #063 OOD 021 LY)MS LINES LIMITED, LLC DEPOSITORY ACCOUNT ACCOUNT 0209 000 275 6616 BILLING INQUIRIES (313) 276-4600 Invoice Date: 3/10/04 RP Invoice #: 006679530 Prepared By $CORBIN rotai USP 1204.00 USD f?'?`•'? 7 I:26AM WDOWNERS - INVOICE LYKES LINES LIMITED, LLC TAMPA, FL WWW.LYKESLiNES.COM ^'ustomer No 447176 Customer Name: 5R000 SUPPLY 545 CARLISLE STREET HARRISBURG PA. 17112-0000 UNITED STATES 'J?Y ac, G ' Port of Loading: Port of Discharge: Document Number; Vessel Operation Date: Ca.Cnmer Reference No.: NO. 731 '. 6 PAGE: 1 ISSUED j3Y/REMIT TO: LYRES LINES LIMITED, LLC PO BOX 930681 ATLANTA, GA 31193-0681 Vi= SENDING PAYMENTS VxA OVERNIGHT FIRST UNION/WACHOVI-x LOCKBOX PROCESSING CENTER P.O. BOX 939681 3585 ATLANTA AVENUE X"EVILLE, GA 30354 WHEN SENDING PMTS VIA WIRE TRANSFER FIRST UNION SANK OF TAMPA ABA #063 000 021 LYRES LINES LIMITED, LLC DEPOSITORY ACCOUNT ACCOUNT #209 000 275 6616 BILLING INQUIRIES (813) 276-4600 LYRES ENERGIZER 015N Invoice Date: 3/06/04 CPT CAPE TOWN PHL PHILADELPHIA RP Invoice #: 006860324 CPTRL037Z80 1/10/04 PrePArtd By SCORBIN Total USD 1204.00 USD 11.26AM CP/DOWNER'S LYKES LINES LIMITED, LLC TAMPA, FL WWW.LYKESUNES.COM Customer No 441116 Customer Name: SROCO SUPPLY 34S CARLISLE STREET ILWISBUP,G PA 17112-0000 UNITZD STATSS easel ??o ? Ql3e Fort o: Loading; Fort of DiScharge; Document Number: VesS91 Jperation Date: INVOICE NO, 131 P.1E: 1 ISSUED BY/REMIT TO: LYRES LINES LIMITED, LLC PO BOX 930681 ATLANTA, GA 31193-0681 WWI SENDING PAYMENTS VIA OVERNIGHT FIRST UNION/WACROVIA LOCSBOX PROCESSING C£NTHR P.O. BOX 930681 3585 ATLANTA AVENUE iAPEVILLE, GA 30354 WHEN SENDING PMTS VIA WIRE TRAN6F'9R FIRST VNION BANK OF TAMPA ABA #063 000 021 LYRES LINES LIMITED, LLC DEPOSITORY ACCOUNT ACCOUNT #209 000 275 6616 BILLING INQUIRIES (513) 276-4600 LYKES ENERGIZER 01SN Xnvoiaa Date! 3/0$/04 CPT CAPE TOWN PHL PHILADELPHIA RP Irvoice #! 006$43979 CPTRL037250 1/10/04 Customer Reference No.; F-oce? :ag charge added aS per B/L, per tariff PFepared By SCOaBIN Total USD 1229.00 USD SCAN Fr) JAN 1 7 2007 U. n 2 i06 11: 2 AM h 4 t 4 V CP/DOWNERS NO, 131 P. 2 EXHIBIT a February 16, 2007 Page 7 VERIFICATION The undersigned does hereby verify under penalty of perjury, that he/she is the Director of Collections of CP Ships Plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. /& Aa ? ? ?" ? (Sign in Blue Ink) c ct? r ? O 1 ?? Y71 Q:7: V J Ln Leslie D. Jacobson The Law Offices of Leslie D. Jacobson Attorneys for Defendant 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 LYKES LINES LIMITED, LLC A DIVISION OF CP SHIPS USA, LLC PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1182 Civil Term BROCO, INC. D/B/A BROCO SUPPLY DEFENDANT DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW COMES, Defendant Broco, Inc., by and through its attorneys the Law Offices of Leslie David Jacobson, and hereby responds to Plaintiff s Complaint, and in support thereof states as follows: 1. Admitted on information and belief. 2. Admitted in part and denied in part. It is admitted that Defendant was a corporation having its offices and place of business at 5267 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. It is denied that 5267 Simpson Ferry Road is the corporation's current place of business. By way of further response, Broco, Inc., is out business. By way of further response, it is denied that Broco, Inc was doing business as Broco Supply. 3. Denied. It is denied that at the special instances and request of Defendant, Plaintiff provided Defendant with certain shipping services, as is more specifically shown by Plaintiffs Invoices, true and correct copies of which are attached to Plaintiffs Complaint, marked Exhibit "I" collectively, and made part hereof. 4. Denied. It is denied that Defendant received, accepted, and benefited from the aforementioned shipping services. To the extent these are bona-fide charges they are the responsibility of the shipper or other third parties. 5. Denied. It is denied that the price charged by the Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 6. Denied. It is denied that the prices charged by Plaintiff were the prices that Defendant agreed to pay. By way of further response, Defendant and Plaintiff do not have an agreement with the Plaintiff for any shipping services. 7. Denied. It is denied that Defendant owes the Plaintiff a balance due in the amount of $5,766.00, as is more specifically shown by Plaintiff s Statement of Account, a true and correct copy of which is attached to Plaintiff s complaint as exhibit "2". 8. Denied. It is denied that the Plaintiff claims legal interest at the rate of six percent (6%) per annum as damages on the liquidated debt from March 5, 2004. It is further denied that Defendant is obligated to pay defendant any damages or that Plaintiff is entitled to recovery said damages from the Defendant. 9. Denied. It is denied that Plaintiff avers that interest at the aforesaid rate amounts to $1,020.82 to February 15, 2007. It is further denied that Defendant is obligated to pay defendant any damages or that Plaintiff is entitled to recovery said damages from the Defendant. 10. Denied. It is denied that although repeatedly requested to do so by the Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, or any part thereof. By way of further response, Defendant had never been contacted by Plaintiff, nor has ever received the averred invoices. Plaintiff has never made any demand for payment on the invoices from Defendant. 2 WHEREFORE, Defendant prays this Honorable Court enter judgment its favor and against Plaintiff, and for any other relief deemed just and appropriate. Respectfully Submitted, Date: March 19, 2007 THE LAW OFF S OF LES IE VID J OBSON c Leslie D. Jacobson ID# 52673 8150 Derry Street Harrisburg, PA 171 717-909-5858 Attorney for Defendant 3 VERIFICATION L Randy Hirsch do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief: t understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: By. andy Hirsch LYKES LINES LIMITED, LLC A DIVISION OF CP SHIPS USA, LLC PLAINTIFF V. BROCO, INC. D/B/A BROCO SUPPLY DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1182 Civil Term CERTIFICATE OF SERVICE AND NOW, this 19th day of March, 2007, I, Chad Julius, Law Clerk at the Law Offices of Leslie D. Jacobson, attorney for the Defendants, hereby certify that on this day I served the within documents upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Christopher M. Boback Bernstein Law Firm, P.C. Suite 2200 Gulf Tower Pittsburgh, PA 15219 Attorney for Plaintiff By: Ch ulius 4 C`? ° G ? ?i "L! C? ? -r ?`_ iV \? .l'..?.. '{ c; © 4 ?? T . . r / ? \? ' \.._ , ??? ..1.? ? ? a ? ? ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-01182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYKES LINES LIMITED LLC VS BROCO INC D/B/A BROCO SUPPLY TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROCO INC D/B/A BROCO SUPPLU the DEFENDANT at 1438:00 HOURS, on the 14th day of March , 2007 at 5267 SIMPSON FERRY ROAD MECHANICSBURG, PA 17050 by handing to AARON EVELAU, 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: So Answers: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.60 03/15/2007 Do BERNSTEIN LAW FIRM Sworn and Subscibed to +910 By: before me this day ------r"DepiLVy herif of A.D. ? 1% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYKES LINES LIMITED, LLC a division of CP SHIPS USA, LLC, CIVIL DIVISION Plaintiff, VS. BROCO, INC. doing business as BROCO SUPPLY, Defendant. No. 07-1182 Civil Term PRAECIPE TO SETTLE, DISCONTINUE AND END FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID #91730 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. 00065433 CMB004479V001 Re. -% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYKES LINES LIMITED, LLC a division of CP SHIPS USA, LLC, CIVIL DIVISION Plaintiff, VS. BROCO, INC. doing business as BROCO SUPPLY, Defendant. No. 07-1182 Civil Term PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: At the request of the undersigned attorney for Plaintiff, kindly settle, discontinue and end the above-captioned case upon the records of the Court and mark the costs paid. BERNSTEIN LAW FIRM, P.C. By: (? AW Dated: ??'/ r ao?7 Christopher M. Boback, Esquire Attorney for Plaintiff PA I.D. #91730 Suite 2200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. 00065433 Sworn to and subscribed before me this / Aay of --2007. Linda Boyle, (Votary Pubilo City of Pittsburgh, Allegheny County MY Commission Expires October 29, 2007 e er. nnsylvania Association of Notaries !! t ! E .?.. , a_ ._.._.. ._ _.,.... 4 _ , -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LYKES LINES LIMITED, LLC a division of CIVIL DIVISION CP SHIPS USA, LLC, Plaintiff, No. 07-1182 Civil Term VS. BROCO, INC. doing business as BROCO SUPPLY, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE TO SETTLE, DISCONTINUE AND END was served upon the attorney of record for the Defendant via regular U.S. Mail, postage prepaid, this day of ? ??? '2007, addressed as follows: Leslie D. Jacobson, Esquire The Law Offices of Leslie D. Jacobson 8150 Derry Street, Ste. A Harrisburg, PA 17111-5260 Christopher M. Boback, Esquire Attorney for Plaintiff CMB004479VO01 ?. ? {--? ? ? -n __ r,7 ; J C.i.. ?. ,t' : ? ?? ?m J ` ? ? "S t R N _-? N `j ?` ?