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Home My WebLink About00-07868 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ NO. !k)o() - ?~!o~ C"l-il CASTROL NORTH AMERICA INC. Plaintiff RITE AID CORPORATION Defendant : CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN'TWENTY (20) DAYS AFTER TIDS 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 TWO LmERTY AVENUE CARLISLE PA 17013 (717) 249-3166 1 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. fO - '7 J'(,J C(;;J I V/I'fU CASTROL NORTH AMERICA INC. Plaintiff RITE AID CORPORATION Defendant CIVIL DIVISION - LAW COMPLAINT The Plaintiff, CASTROL NORTH AMERICA INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of TWENTY-NINE THOUSAND, ONE HUNDRED AND TEN DOLLARS AND FIFTY -EIGHT CENTS ($29,110.58), along with costs of this suit and interest thereon from May 9, 1998 upon a cause of action of which the following is a statement: 1. The Plaintiff, CASTROL NORTH AMERICA INC, is a corporation organized and existing under the laws of the State of Delaware, having an office and place of business at 1500 Valley Road, Wayne New Jersey 07474-0973. 2. The Defendant, RITE AID CORPORATION, is a corporation organized and existing under the laws of the Statc of Pennsylvania, having its principal office and place of business at 30 Hunter Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's books of entry hereto attached, made a part hereof and marked Exhibit "A", Plaintiff, at the special instance and request ofthe Defendant, sold and delivered goods to Defendant's Woodland California KATHY\CMPLAINT\26397rit.aid 1 :"~l!!lIl_ ~~. - , ~. ~-- "",,' ~ Distribution Center, of the kind and description set forth on said Exhibit in the total amount of TWENTY- NINE THOUSAND, ONE HUNDRED AND TEN DOLLARS AND FIFTY-EIGHT CENTS ($29,110.58). 4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay Plaintiff therefor. 5. The balance due and owing by Defendant to Plaintiff is the sum of TWENTY-NINE THOUSAND, ONE HUNDRED AND TEN DOLLARS AND FIFTY -EIGHT CENTS ($29,110.58), as appears by the Statement of Account hereto attached, made a part hereof and marked as Exhibit" A". 6. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. KATHY\CMPLAINT\26397rit.aid 2 ), .. ,"~- - , ,-- ~, , 1'_'_' ,." , 1~ WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of TWENTY-NINE THOUSAND, ONE HUNDRED AND TEN DOLLARS AND FIFTY-EIGHT CENTS ($29,110.58), along with costs of this suit and interest thereon from May 9, 1998. Respectfully submitted, KNUPP, KO AK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ill No. 18041 Attorney for Plaintiff KATHY\CMPLAINT\26397rit.aid 3 !,.- , idrit ~AC;SlMILE INVOICE *** Castrol North America Inc. Department L990P Pittsburgh~ PA 15264 RITE AID CORPORATION PO BOX 8432 HARRISBURG PA 17105-8432 64403 INVOICE NO. INVOICE DATE CUSTOMER PO WHSE. NO. ORDER NO. SALESPERSON REGION SHIP DATE SHIPPED VIA TERMS Order Taken By:. RITE AID CORP WOODLAND DISTRIBUTION CENTER 1755 E. BEAMER WOODLAND CA 95695 33325 . 800 227-8765 Page Number- 274762 RI 04/09/98 1760742 935 128623 SO M. Mittel" Traditional/New Channel 04/09/98 GK DISTRIBUTING & TRUCKING CO 1%10 NET 30 DAYS ULRICS 12092 12/1 OT GTX 10W-30 503.00 CA 16.3200 1.3600 14.960 7,524.88 12112 12/1 OT GTX 10W-40 755.00 CA 16.4700 1.3600 15.110 11,408.05 12122 12/1 OT GTX 20W-50 529.00 CA 16.5900 1.3600 15.230 _ 8...056.67 12502 12/120ZS. BRAKE FLUID 80.00 CA 14.4500 1,156.00 916-661-1800 Call for an app1t. prior to delivery 999977 CA Motor Oil Assessment Fee 5361 .00 GA .0200 107.22 999977RT CA Recyc 1 ; ng Tax 5361.00 GA .1600 857.76 TOTAL GALLONS 5451.00 CAS T R 0 L - D R I V E H A R 0 Tax Group Summary RITE AID CORPORATION PO BOX 8432 HARRISBURG PA 17105-8432 29,110.58 .00 29,110.58 05/09/98 291.11 04/19/98 VERIFICATION ROBERT D. KODAK, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein and that, as attorney and agent for the Plaintiff, he has sufficient knowledge based upon information received from others concerning the contents of the within document to make this verification; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Robert D. Kodak, Esquire Attorney and Agent for Plaintiff Dated: / /bIt() KATHY\CMPLAINT\26397rit.aid 4 ,!t~ .',",r ""'-'"","" SHERIFF'S RETURN - REGULAR CASE NO: 2000-07868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASTROL NORTH AMERICA INC VS RITE AID CORPORATION TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT & NOTICE RITE AID CORPORATION the DEFENDANT , at 1410:00 HOURS, on the 8th day of November, 2000 at 30 HUNTER LANE CAMP HILL, PA 17011 by handing to ADULT IN CHARGE TRACY LANDIS, PARA LEGAL AND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.30 .00 10.00 .00 37.30 Sworn and Subscribed to before me this /'lIE- day of ~k..J :JA-/Ji) A.D. C't,. ,(2. ~PC~., ~ Prothonotary i~,~ r"~" So Answers: r-~~ R. Thomas Kline 11/09/2000 KNU" KODAK & mBLUM 'V By: ;:. - Z V dheriff "" i-"' -