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HomeMy WebLinkAbout01-1899 FX " j - '1' i .!M~; . TOWAWAY EXPRESS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO . (j{ - /~t;f ~~ DELAWARE VALLEY TRAILERS, INC., CIVIL ACTION - LAW 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 this Complaint and Notice are served, 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 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, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. 1/ .. ;f,J. VvIA- ~ He~. Van Eck, Esquire I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Date: ~ l'5J~ By: " 1. .1 1-..1 .'-",;-'- ~ ~-'!lt,;, . TOWAWAY EXPRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. o'-/~99 ~K1 -r-~. DELAWARE VALLEY TRAILERS, INC., CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes the Plaintiff, Towaway Express, Inc. ("Plaintiff"), by and through its counsel, Cunningham & Chernicoff, P.C. and files its Complaint against the Defendant, Delaware Valley Trailers, Inc., and in support thereof avers as follows: 1. The Plaintiff, Towaway Express, Inc., is a Pennsylvania business corporation having its principal place of business and its central business office located at 500 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Delaware Valley Trailers, Inc. (Delaware Valley), is believed to be a New Jersey corporation having its principal place of business located at 148 Route 73, Berlin, New Jersey. 3. Prior to 1999, the Plaintiff and Defendant began a business relationship whereby Defendant orally contacted Plaintiff and requested that Plaintiff provide its tractors to pull ; I - '-'. "-~" . Defendant's trailers from one location to another as directed by Defendant. 1. The oral agreement between Plaintiff and Defendant for Plaintiff's services, as well as all freight bills evidencing Plaintiff and Defendant 1 s agreement for transportation emanate from the Plaintiff's office located in Mechanicsburg, Cumberland County, Pennsylvania. S. On or about September, 1999, Defendant became delinquent in paying Plaintiff for the transportation services Plaintiff had provided to Defendant. 6. Pursuant to I.C.C. Regulations, Defendant was to pay all freight bills within fifteen (15) days of receipt. 7. Defendant agreed that a service charge of one and one- half percent (1 1/2%) per month (or eighteen percent (18%) annually) would be charged by Plaintiff on all freight bills not paid within thirty (30) days. 8. As of the date of this Complaint, there still remains an outstanding balance due and owing Plaintiff for invoices from May 18, 1999 to June 10, 1999 in the amount of Ten Thousand Forty-Seven ,~~ ~-1 'I, ' ~ ,~~ I , --~, " j ";"',...,, " -ibi\i:,> . and 88/100 Dollars ($10,047.88). 9. On August 1, 2000, Plaintiff's counsel sent a final demand letter to Defendant requesting immediate payment of all outstanding sums. Such letter indicates that litigation would follow if payment was not made. 10. Despite repeated requests for payment, Defendant has refused and continues to refuse to pay the sum of Ten Thousand, Forty-Seven and 88/100 Dollars ($10,047.88) representing the total amount due an owing plaintiff for services rendered. 11. Defendant has been unjustly enriched by virtue of the fact that Plaintiff has provided transportation services for Defendant and Defendant has failed to pay Plaintiff for such services. 12. As a direct result of Defendant's refusal to pay Plaintiff for services rendered, Plaintiff has had to incur legal fees in bringing this action. - I., '~ '1 ~ ".,~... . WHEREFORE, Plaintiff, Towaway Express, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against the Defendant in the amount of Ten Thousand, Forty-Seven and 88/100 Dollars ($10,047.88), together with interest, costs of suit and reasonable attorney's fees, and further award Plaintiff all such other relief as is proper and just. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: 3/~F:!(){ By: Henry Van Eck, I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) I. -.~ i \"-'-' -'-,I ;;.c;'--'~i . TOWAWAY EXPRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. v. DELAWARE VALLEY TRAILERS, INC., CIVIL ACTION - LAW Defendant VERIFICATION COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF DAUPHIN I, Henry W. Van Eck, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Defendant, in the within action; that the Defendant cannot make verification to the Complaint because Defendant cannot timely come to Harrisburg to sign this Verification; that the Defendant cannot travel to Harrisburg, Pennsylvania to execute this verification prior to the filing of the Complaint; that it would be inconvenient for Defendant to travel to Harrisburg, Pennsylvania to file the Complaint personally; and that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief. 0. 1/~ tfl( Van Eck, Esquire Subscribed to this ~t day 2001. ~ Notarial Seal Biancha A, Morrison, Notary Pubiic Harrisburg. Dauphin County My Commission Expires Nov. 8. 2001 em a, ennsy van a SSOCla Ion 0 0 a as .. i k_:I'J" " '~~_,_.d. .', J ~, ,,~ " " '\-'._,' , ' TOWAWAY EXPRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1899 CIVIL DELAWARE VALLEY TRAILERS, INC., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the COMPLAINT in the above captioned matter, by placing the same in the United States mail, first-class, certified mail, return receipt requested, postage prepaid, in Harrisburg, Pennsylvania, on April 5, 2001, addressed to: Delaware Valley Trailers, Inc. 148 Route 73 Berlin, NJ 08009 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: April 5, 2001 BY~ ~.~ Beth A. Kunkle, Secretary to Henry W. Van Eck, Esquire LD. #83087 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 '~llit~~;t!jt!,[-ilii<l"-'.iM.,u'1"<,""{1\';N""",",~:~",i;!Mi'>'l.~lkB;ln~!Jili;;,,h,,,i<t"_(;"l',ft]i8J'-f'<'1J"""f1"-"""~'"'''--''''='-!ill..~fli~~~~~~~IO~i*l''t~'~''' ~~~ ~~. rj{ o _.~ r~tcr ~~: ~C:7 >c-" LC""' Pc :z; =< i&~,M,U()J, ;[Lm..DilllUIl!II!_.1:lIl~tl.,~ "",,,,.. "._ .,,,. .... ,,,..' ...,,,., ~, - ~~" L; o ~ ;8 , 0". >'-, ~Il -~j :::;'J ~;~ C,~) .~-;-~ -',: ,."\.-:": :-:.:;C) ?~m '1> :0 -< v --",. r:;? :n l7> , 0,,_ , <-. I , ~." ,"-".' 'T~'l<<" , ,,-; ~ . TOWAWAY EXPRESS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1899 DELAWARE VALLEY TRAILERS, INC., CIVIL ACTION - LAW Defendant NOTICE OF ENTRY OF JUDGMENT TO: Delaware Valley Trailers, Inc., Defendant YOU ARE HEREBY NOTIFIED that on .()Lt9 ..2~, 2001, the following Judgment has been entered against you in the above captioned case in the sum of $10,047.00, plus interest thereon from , 2001 and costs of suit. Date: f) Hi J:< I .:JI"lC I -(J~~j<)) k PROTHONOTARY ~ I hereby certify that the name and address of the proper persons to receive this notice under Pa. R. civ. P. 236 is: Delaware Valley Trailers, Inc. 148 S. Route 73 Berlin, New Jersey 08009-1757 ..... i_ " J. . I.. -. j,.,i f ' '. , ~ TOWAWAY EXPRESS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-1899 DELAWARE VALLEY TRAILERS, INC., CIVIL ACTION - LAW Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa.R.C.P. No. 1037(b), enter judgment in favor of the Plaintiff in the above referenced action, and against Defendant in the above referenced action for failure to file a responsive pleading within twenty (20) days from the date of service of the First Amended Complaint and assess Plaintiff's damages as follows: Principal in the sum of $10,047.00 for services rendered together with interest, costs of the suit and reasonable attorney's fees, and further award Plaintiff all such other relief as is proper and just. j L J,'I i-.,' _i "" J~ ~-k,l , . '. I hereby certify that a written Notice of Intention to File this Praecipe for Entry of Default Judgment was given in accordance with Pa. R.C.P. No. 237.1; a true and correct copy of the aforesaid Notice is attached hereto. I hereby certify that the last known address of the Defendant is: Delaware Valley Trailers, Inc. 148 S. Route 73 Berlin, New Jersey 08009-1757 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date, ~17, 2M1 I By: Robert E. Cherncicoff, re Penna. Atty. Ident. N . 80 Marc W. Witzig, Esqui Penna. Atty. Ident. No. #29929 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Plaintiff) HWf:1,~ ~ '. -,,"'r ",. -', '" -."',,,, , ,;,~~_\:~...,.~ .. TOWAWAY EXPRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1899-CV DELAWARE VALLEY TRAILERS, INC., Defendant CIVIL ACTION - LAW To: Delaware Valley Trailers, Inc. 148 Route 73 Berlin, NJ 08009 Date of Notice: May 3, 2001 IMPORTANT NOTICE Pursuant to Pa.R.C.P. No. 237.1(a) (2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY COURT ADMINISTRATOR Cumberland County Courthouse-4th floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 Signature: Signature of laintiff or Atty. Address: Cunninqli m & Chernicoff P.C. 2320 North Second Street P.O. Box 60457 Harrisburq, PA 17106-0457 Attorney for Plaintiff Telephone No.: (717) 238-6570 Supreme Court ID No.: 83087 w. Vcu- ~ _I..~.-,--- ,_--,-,--.CI!IlIillhI~"~~llIilllillf.il."""'","""jl~lIilll>l" I ~'''''il/iatb~, J~.l ~,fi~"&:~~,ihod~_''''. 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