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HomeMy WebLinkAbout99-01450 . i'i~ill~il<;":i''II&Mt.--.~.>:;",_V ... l-m" . .!iI'~'IWml..;J!'(;::~~a7,! .,m. ":'~. "'~"~~~~\llr.~wf.(f,~:",), --' ,-' "r:."".l!;',!{l'., v '.- ;. . '1' - , .....'.'-.. ,.,,,...,'~~\~'~ 1:.._' . ~l~!';:;' . ,c.' "~,:', .' INDEPENDENT CONTRACTOR CARTAGE AGREEMENT /.1/h This Agreement is made and entered into on this I~ day of #"'~~,?, 19---21-, between~t\.'nN':" SJ-J\ (S~S). , whose address J.s-Bd.-#- d fu-( '3'1l\ 1~,y;." fG- \l;, DG1S, hereinafter called "Contractor", and Pony f;Xp~ Delivery services, Inc., a Delaware corporation, whose address is 6165 Barfield Road, Atlanta, GA 30328, hereinafter called "Pony Express". It is agreed between the parties as follows: 1, As an agent of Pony Express, Contractor shail provide sales, marketing and drayage (i',e., pickup, transport and delivery of shipments) services involving the various product lines described below, to those existing and prospective customers mutually agreed upon by the parties, in the Assigned Area described in attached Appendix "A". Such services shall be provided at prices and under conditions as agreed to, in writing, by an authorized representative of Pony Express. Pony Express product lines/services which are to marketed, sold and serviced by Contractor include, but are not limited to, the following: " Next Day Regional ExpressLane financial Custom1zed Same Day I Second Day Regional , .' Contractor shall require and obtain receipts for all shipments delivered by Contractor pursuant to the provisions hereof: and in case of any shortage or damage to said shipments, Contractor shall note such fact upon said receipt. Such receipts shall be promptly delivered by Contractor to Pony Express. , Contractor shall be solely responsible for (i) acquiring, ~ mainl:aining and repairing vehicles utilized in, and (H) hiring, disciplining, supervising and terminating persons employed by Contractor for, the performance of services required under this Agreement, EXHIBIT "A. . -,'" "-""'^;".tJ... i.eltdC";:;:!J;".. ~".. .'.4....( ~<...... .,ta.w.;........'.' ..~!n~!'!t. " .... ,'.. -,'. " ~'.. , .' to, . ".. . .-l-. . . .......,...," ....1 , -."- ......." ;:", ., ~ '-. .". , 'C', ~. ~. . 't.-' ~ Pony Express is interested only in th~ results to be achieved,' but the conduct and control of the work will lie solely with " the Contractor. Subject to general service standards specified by customers, Contractor shall determine the manner and means of performance, including specifically determining the order in which to make deliveries, when to take breaks and when to stop working. 2. (a) CONTRACT RATES FOR SERVICES RENDEREO UNDER THIS AGREEMENT SHALL BE PI\ID BY PONY EXPRES!l. TO CONTRACTOR IN ACCORDANCE WITH THE T&:IU1S SET FORTH IN APPENDIX "A". Such l:ontract . rate shall c.onstitute full payment (i) for all sales, marketing and drayage services rendered by Contractor; (ii) for the use, maintenance and repair of Contractor's equipment; (iii) for wages paid to any~person employed by Contractor; (iv) for insurance, taxes, tolls, fines or penalties incurred by Contractor ~ursuant to this Agreement; (v) for advertising services; and (vi) for any and all other expenses incurred' by Contractor in the fulfillment of its obligations under this Agreement. IT IS SPECIFICALLY UNDERSTOOD THAT PONY EXPRESS SHALL NOT WITHHOLD ANY TAXES FROM PAYMENTS HADE TO CONTRACTOR HEREUNDER, AND THAT CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL BE SOLELY RESPONSIBLE FOR TAXES BASED UPON SUCH PAYMENTS, FOR HIM/HERSELF, '"'S WELL AS FOR ANY OTHERS EMPLOYED BY CONTRACTOR. (b) , Contractor shall provide Pony Express, in form and manner required by Pony Express, such information and documents as may be requested by Pony Express (i) to calculate the contract payment pursuant to paragraph 2(e) and Appendix "A" of this Agreement; and (11) to make necessary filings with regulatory agencies. I Pony Express process claims for loss or damage to cargo, and will provide customer billing and collection services, including a monthly accounting of and settlement of all fees due Contractor. To assist Pony Express in this regard, Contractor agrees to furnish Pony Express all proofs of delivery, sales reports (automated and otherwise), customer lists, activity reports, and any other documentation necessary to confirm to Pony Express and/or the customer that services were prQperly performed. (d) Appendix "A" may be altered from time to time by the mutual, written and duly executed consent of the parties. (c) : , r 3. The parties shall at all times comply with applicable ". .', ~,"~. ~:i ~~:_.~, :'~'trin.;'hv';;.&,;' '~"i. ~'.: '" ...""..~.r."~", ... ..... ~'~~.,'\ ','- , .,~: "',' "',' "'~f';,' ,ll~., j~'f ". '. ....,.,,, ',. , , t ., ,~''''lp:l:1' .' provisions of federal, state and municipal statute., ordinances and regulations. Contractor a9nes, at ita own expense, to make all payments and prepare all report. concerning its business, income or employee. required by any law or regulation pertaining to social security or income tax, worker's compensation, unemployment compensation, business or license tax, or other similar revenue or re9ulatory acts. Pony Express assumes no responsibility for making lIny such report, or tor any payment required under the terms ot such acts. .f. ~ " . . . It "is 'specifically' agreed. that Pony Express shall not be responsible for (i) withholding local, st.te or federal taxes on behalf of, or (iil providing any worker's compensation or unemployment compensation benefits to;' Contractor or to any employee of Contractor. -, 4. (a) Contractor, if it so elects, shall hav~ a non-excluSive, royalty free and 'non-transferabl~ license to use the trademarks "PONY EXPRESS" and the "HORSE AND RIDER" device on Contractor's vehicles and uniforms, when used in performing service under this Agreement. However, Contractor shall not be required to use such trademarks. Contractor's use of such trademarks shall constitute an advertising service, payment for which is included in the rate estab~ished in Appendix "A" of this Agreement. At the request of Pony Express Contractor shall utilize, for any customer designated by Pony Express, the PonyTrak$ barcode tracking system, together with the equipment and documentation attendant upon any such use, , , (c) (b) Contractor agrees (i) to utilize such trademarks in accordance with standards Pony Express may establish, and (ii) to ~onspicuously disclose that it is acting as an independent ~artage agent for Pony Express. The license granted herein shall terminate as to any and all Pony Express trademarksY or trade names upon termination of this Agreement, or at such earlier time as determined at the exclusive discretion of Pony Express. Upon request from Pony Express, Contractor agrees, at its own expense, to discontinue immediately all use of trademarks and to remove same from all vehiCles. Contractor also agrees to return to Pony Express all advertising materials, sales aids, Shipping documents and magnetic signs bearing such trademarks. . . , , < 3 ,>".~Illo...4iil.iut'.&.I&:.;Ui; , '~~~1'~~~~1':.~ "..-' "_,,.lh...... ., ' i"~~ - '!. !. - . "'''~.''~''''.- Id) Contractor hereby consents to the issuance injunction in favor of Pony Express in the event breach of this Article 4 by Contractor. of an of any " S. Contractor, at its sole expense, shall provide Ii) the motor vehicles required to perform transportation services under this Agreement, and shall maintain such equipment in good working condition and suitable appearance: Iii) all necessary drivers and helpe,rsl IHi) facilities from which it will operate, commun~cate, dispatch ~d conduct transportation services: and Ii?) necessary operating authority, I:itles, licenses, permits ,and vehicle registrations. All equipment operating costs, including fuel, lubrication, maintenance, repair, licenses, registration_fees, toll charges, fines and penalties shall be Contractor's sole responsibility. - . All persons employed by Contractor to perform services hereunder shall be subject to the exclusive control and direction of Contractor;' it being the intention of the parties that Contractor and its employees shall remain independent contractors, not subject to control by Pony Express, 6. The work to be performed by Contractor under this Agreement shall be performed entirely at Contractor's own risk. Contractor agrees to indemnify and save harmless Pony Express and its subsidiaries, directors, officers and employees, from any and all liabilities and claims, of every kind, including attorneys fees, to which Pony Express may be subjected on account of loss, destruction or damage to property or injury to or death of persons, including Contractor and persons employed by Contractor, arising out of or in connection with the performance of this Agreement. The provrsions of this paragraph shall not be applicable to loss or damage caused by the negligen~ act or omission of Pony Express or its employees. .I The provisions of this Article are not applicable to claims for loss or damage to ca rgo. Ca,rgo claims will be the exclusive responsibility of the party that loses or damages a shipment(sl. In cases of concealed damage, or other situations where responsibility is not readily discernable, the parties will share responsibility equitably. .- I' , 7. Contractor will carry and maintain throughout the period of this Agreement, in a form subject to the approval of Pony Express, at Contractor's sole expense, insurance adequate to protect both parties from the obligations of Contractor set 4 ...',:1>,. -',~""",',":'.lt"lf~'4.','.nr(tt-:' {~!.:{t',~i~. ~l.~~F~:~~~~~I'...,." \~. :~, " "':.~ forth herein. with coveraqa Such insurance shall be obtained in amounts and no less than the followinq: .' lal General liability of $1,000,000 per occurrence and in the aqqreqate, including bodily injury, property damaqe and contractual liability; and Ibl Automobile liability coverinq the use of owned, non-owned and hired y~hicles, of $1,000,000 per occurrence, including b9dily injury, pro~rty damage and contractual liability; and , . Icl Worker's compensation providing statutory limit coverage plus $1,000,000 Employer'.~ Liability. " Certificate(sl of insurance shall be furnished by Contractor at the time of, or before, execution of this Agreement. The maintenance of such ins~rance will not in any manner affect Contractor's obligation to indemnify Pon~ Express as described in Article 6 hereof, Contractor agrees that such insurance shall be primary regardless of any other insurance coverage which Pony Express may procure for its own benefit, 8. Contractor shall give immediate written notice to Pony Express of all accidents or claims of any kind whatsoever arising out of Contractor's performance under this Agreement, and shall cooperate fully 'with Pony Express or its representative in the investigation, handling or prosecution of any such claim. ~ executinq this Aqreement, Contractor authorizes the release of any police report, medical report or accident report to Po~ Express or Pony Express' representative. This release shall survive the termination of ,.this Agreement. 9. It is specificplly agreed that Contractor is free to contract with third parties for similar services while ~nder contract with Pony Expres~~ provided, however, that no shipments for third parties may be carried simultaneously in any vehicle with any shipment being either picked,up or delivered for Pony Express, or in any vehicle going to dr returning from a point of pickup or delivery for Pony Express. , The foregoing notwithstanding, Contractor agrees that without the written approval of Pony Express, under no circumstances will it communicate directly with customers of Pony Expfess. It is understood that this prohibition pertains to "back , soliciting". Contractor agrees that it will not, nor will any of its employees, agents or representatives, on their own behalf or for others, provide services to or accept traffic 5 , ~'."J."J.:~'.J.I.:!.~i':il-- ':; tq,."~~~\J",...~;. . '. .~J~,~I'-. ...... ." ~'" ),~.i -".. !...' .. .- ,-'w:"'-;' · ii', d.. " ...' .. from, any customer of Pony Express. Finally, Contractor agrees that if it violates the letter or spirit of this prohibition, Pony Express will be entitled to injunctive relief, as well as 50' of the gross revenue paid by a customer lor former customer) of Pony Express to Contractor for services rendered during the twelve (12) month period immediately following the commencement of service to said customer by or through the efforts of Contractor. 10. Contraqtor under~t~nds and acknow~edges that: la). Pony Express, has developed a valuable reputation for efficient and professional service in the courier industry throughout the ~tates in which it operates. Pony Express has invested a significant amount of time, money and effort over many years !" developing and maintaining its goodwill with custome~s, Pony Express has developed at considerable expense, time and effort, methods of doing' business, including management controls and incentives, pricing schedules and methods, customer lists, lists of customer needs and requirements, potential customer leads and opportunities for new business, all of which Pony Express has maintained as confidential, proprietary information. (bl (c) Pony Express has developed customer contacts over a significant period of time, into longstanding, permanent relationships. (d) Contractor will have significant contacts with Express customers and will have access to aforedescribed confidential information, reports statemenl:js. Pony the and Contractor agree& to preserve and treat as confidential all information pertaining to Pony Express' business. Contractor agrees not to use or disclose to a~ third party lexcept as REQUIRED in its performance of services pursuant to this Agreement and in furtherance of Pony Express' best business interest), either during the term of this Agreement or thereafter, any such confidential informa tion obtained by Contractor before, during or after the term of this Agreement. , , , 6 (: '.':'" t\:..:.:." .,:,U.:t"~'''.~ l't"tU---;'\;JSFi i' f;A,r" ,:!*..t'i'.,~,',J'1~r.~~r.::'~~~t:&' t' , ".'~ ' ..:....t Upon termination of this Agreement, Contractor agrees to turn .' over to Pony Express, all originals and copies of customer and price lists, records, files, correspondence, notes, notebooks and memoranda relating in any way to Pony Express' business. All such documents and information shall remain for all time the sole and exclusive property of Pony Express, 11. This Agreement does not constitute Contractor an employee, agent, representative, joint velU:urer or partner of Pony . , . Express for any;purpose whatsoever. Except to receipt for shipments on Pony 'Express', standoud form waybills or other approved shipping documents, Contractor is not authorized to make any contract, agreement._ warranty or representation, express or implied, .on behalf of Pony 'Expr~ss. Neither Contractor, nor any employee or agent of Contractor, has an employment status with Pony express, and are not entitled to participat!'! in any benefits extended by Pony Express to its own employees. 12. Either party may terminate this Agreement, with or without cause, upon 30 days written notice. Upon a material breach of this Agreement by either party, the Agreement may be terminated i~~ediately with oral or written notice. Written notice, where required by this Agreement, shall be sufficient if either hand delivered or sent by registered or certified mail, or by facsimile transmission with verified receipt, to the parties at their respective addresses as set forth herein, or at such other address or addresses as the parties may from time to time specify in writing. , 13. Contractor agrees to employ no individual to perform services under this Agr~ement who is under the age of 21, who does not have a reasonably good motor vehicle record, or who in any manner does not, meet the safe driving standards of the Department of Transportation. 14. Contractor states and represents that"it is entering into this Agreement free from any obligation or claim, either for its services or its equipment, which is contrary to the provisions of this Agreement. , 15. This Agreement constitutes the entire agreement and understanding between the parties respecting the subjects covered herein, and it shall not be modified in any respect except in a writing that is signed by the party to be charged. , 7 -:0:.... '. ."., .Q\.......: -f'" "'l'~;"'" , ~",.:.~ .f~~",: h-.:lov, . .."."....".., ;~"'*~I...~......'....rsl'..ll', "v,- "-V::~, "lV~ \'c;'" ,,':,I!I"f'''' " -,'.'" : " .. .. ..'.I'~""" ~~~~~ . -, ~ APPENDIX "A" .' This Appendix is attached Agreement Deli ry, 1. ASsiclned Area: . ~d, jt/;,(j,,,,,, oj"J,;I.'/)-1<t!~1 to ll),d mad"tI part ot the Cartall. '1' , 19.Iz-, between Pony Express Inc. {Pony Express! and (Contractor) . .. ~elnm..v ,i, dl'~ '/kr (;;IAh8 '. - Contractor shall have a non-exclusive right to provide transportation service in the Assigned Area and shall have the right to bid on any other service area which Pony Express identifies as being open to bid by indepenqent contractors. Pony Express may also serve, with its own vehicles andlor its own employees, any service area being served by Contractor. The award of an Assigned Area to Contractor does not constitute a grant of exclusive territory or service, 2, Regular Service: Contractor shall make pickups in the Assigned Area, whether dispatched to Contractor by Pony Express, or ordered directly by customers of Pony Express. Contractor shail deliver any such shipments to the designated consignee or, in the appropriate case, to Pony Express, within the time frame prescribed by the customer's transportation needs. Shipments within the Assigned Area transported on Pony Express vehicles, not operated by Con~ractor, are excluded and not subject to this Agreement. . , 3. Delineation of Customers: All consignors and consignees from or to whom Contractor picks up or delivers a shipment shall at all times be deemed customers of Pony Express and not of Contractor. Pony Express retains the exclusive right to,bill and collect from such customers, the charges for services rendered by Contractor or by Pony Express. 9 . ,t~* . , ,. " iIIt~ ~ ,f(, .. " ,,:, 4. Transportation Rates: Fees charged to any customer are based .' upon a transportation contract between Pony Express and the customer, or upon an applicable Pony Express tariff. 5. Fees to Contractor: Pony Express will pay to Contractor ~, of all revenue generated from serving customer accounts where Contractor is the pickup or the delivering carrier, or both the pick up ~ delivering carrier. Any such payment to Contractor by PO~y,Express will b~made within 15 days after submission of the necessary delivery documents or' other . paperwork specified in Article 2 of the Cartage Agreement. 6. IT IS EXPRESSLY AND SPECIFICAL~ UNDERSTOOD THAT PONY EXPRESS WILL NOT WITHHOLD ANY TAXES FROM PAYMENTS HADE TO CONTRACTOR, AND THAT CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, WILL BE, SOLELY RESPONSIBLE FOR ANY TAXES BASED UPON SUCH PAYMENTS. . 7. It is specifically understood and agr~ed that the contract rate provided for in Article 5 of this Appendix A is sufficient to allow Contractor to undertake and fulfill all its obligations set forth in the Cartage Agreement, DUod 'hi, /2,;' d.y of fAwI"'J' . ".1!J'-. Contra~tor Pony Express Delivery Services, Inc. 1kcd9/1 (scs:) (Type or Print Name) ~zI oll{axj ( gna e) ~ .-' .' .' Cl~' ~l:~~~~~~_:~_ , By: - "'~;";':;-'.'r.- .. ... 4'~' 4 . (' , ./ '- ( , Its: -- ~ . . ..' ,/'.., .f ...?:/..'....._.. "~?/f:" . /' i, '/ /---";r, ., -- . - '.. , 0, c." ..__..I ''---<'' ... / (." ... t:--Lo--.;.., .__ , , " , 10 'h ".' ,. .... .:' ;. '~~/' w" ~..:.-:, CUlCOmtr Nlml PONY EXPRESS Addttst 75 UlIey Drtve City Cemp HIll Phonl, 717.730-4081 61111 PA ZIP 17011 DI . Delcrt don . PICKUPS DRO OFFS BOTH 8UPPUES MONDAY 2Ie\q,\ '-l5~/~1 V.fJ/8 ~~~ I T ;:~~' - TUESDA ~Iq \qq 9J "*/33 I/,D';'d.~ri ~ ~~(. iDNESD'r~llolq1 loq l.dt./3'). V:Q/I"-o\-\4r( ~s.e~~, THuRso.o\y.:;llllqq '13l.A.f 30 \J''O./~~~l~~a.k l1/I"<< F~IDAY /J!5\qq ~'l.Jqlidw~JjC v.D,r;Jil~ ..z'f SATURDAY 1::::::7 ~ I OTHER - 5~ v,,~ "'JOe ""' ~'\e>~i~ CiJ~~~;~~:,:,.", ! , . I _'b:'1!\".~~. ."-. ". : InvoIct No. ,Lv ' .' Unit PrIce TOTAL . 1~3~'SO /5B;;),tJ:J 5'03, 00 / .::>'H ,00 ~5d'~~ SUbrl "- TOTAL IOffice Use OnlY. pleASe send ckd:. +0; NGJ1CJ.'. SGhD \ I R;:J.-# ~ Box 374 rPr\ rnyrc..} PIt. I rJO,8 ) . .\._- . ...._- ....--.- - j'-":.l'C-'.l....- '.tttl\'.','~U.'R,mW. , )f,p ~,;l,;'~. . 't" '. '., .- Invoice No. CUllomtr Nlm. PONY EXPRESS Address 75 UlIey DrIv. City Ctmp HID Phon.. 717.730-4088 INVOICE - 2. 6111. PA ZIP 17011 01'1 Order No, Rip FOB Da . oelctl Uon PICKUPS DRO OFFS BOTH 8UPPUES MONDAY ;;1/15(0,'" I. ~ . 7 ,'" / "'~ Ji;,r-> TUE8DA 11M'? 9 Cj- 5'7 5 h f j WEDNESDAY r'/'/1'1/0!.i II- / /,..," r/ / \ I I '" I,' (;... -./-tz:J r ..) THURSDAY -;1 / If/~tj - 1.J;2 5 h p.5 I FRIDAyl~h;).\qq i'3c.. S~?S SATURDAY;'/IJ'I'11 / Jhf ____ Unit Prlc. TOTAL ..(tJ? .9~~. /'.J ".:.>, , .270..50 ~\ '1;)6- tJO J; ('5(P~ .00 S6? So ::;:.:ft. ,",J OTHER Payment Details O~o0fJ'~ 0, /, 'kcI f~ o d&raJ /1'7 .4'~ , 6 nalure ,/ Dale: TOTAl aU f1~1 lornce Use OnlY, ) P/eIt5e sene! ckk +0; Na.nc..i' Sc.J)0 \ I R.d.-#~ Box 3'74 rA-\(hY~1 PIt. IfJ018 ,- . . -. '.4,':" a~ >;t-.> 't'. :'(Ua&~.f , '..~ '!I,';'e--".mJ':'1Il. t ee.d t:',1!\_" "'f"''! ;. . '. . ,-., REASON ~ , .WC4<.tM~'" ~l~' ::rt \DA"'E:;&::'\~9~ 6es RUN DATA ~,'"1:~~!;:.),;:-'~'{,~ _,.~ "\ttl....,.."".;,.-.,.. 1'l.1_~'" ~W"l~."'~" "-",\"tt _' 'I ......, ~ I DAYS OF THE WI< ORNER DRIVER DRIVER ORNER DRIVER 9.t6o~ ~ ?> ~h~ 'J. - 'J.lJ '9~ ~~~-H<'1l : 5~ctJ s-~;{~<C 1~~1'1D ~,u:J,.. ~ ll'I.co \ ,.a ~~ nt,;. i. .CO '~~; 'f~ ~tlO :iP../~ FRIDAY . : "'1. -r.":3I. ~~.;l- II r.is'f~ ! 1~If'O ' .v t i1t. ,ev " :Jt.GO 1 y~ (X) /;' , / / / SATURDAY / /' ,r / , 3- I -q c~ IOt.+.~ljg.;:; 56 / / III v;nriRj- ~',., 1".0, . MONDAY 2" : Sl~ 'l~_,'3c.W of;;; ~ 50 / ~ / I~fo() 3..;1-'1C] B,,l'rl-;' 3d."" / / :5'U.\)' :JCj a;, ''I"t-hll.r"":L .,.c.o. ~~33UJ ;TIt' TUESDAY 1~.ll.'KJDIHt1jj:J: ." lJ.I /-r~lO(J .f vat .so / / ;q-r~ ~, 3,qq 1;;1 V.O : 11.<0 / /. Suo' :');l.CO 4";'. ~ I('~~ WEDNESDAY 1 i:-";';"" ;: .c' r T. R. is..CD 'V / .'Y ~ \ \l .CD ,; i 1-I.1\.C!.:l '3-q.QC\ o.r /' / XXX- THURSDAY v- i: SeD f' II/.; toO t 'f- f)r IO~q~O .. 5"1'l ::0 1-/ " 4'd.\.c.o - w#~, p l\'\lr"~~ -;a.",.~ i'\,\\ Il"-,,,-Qa..... IJ.,,""; \ G -.r 1'\4;', '35,"""','" ~/.s;..:/r:1L /4"". .5rf~ . I~L.co hi d4v P.'l Ct. gI.'" JS.&~ J.\oCl:> . (, b - ,,~.co~'~.o /q vD/? d. J~ ,o~ '"I'-ri 'w"."9). . ~lP T.l!., ,.\$.(0 svo~/..&1Ytrf.. f\\d\\~l,o{ ~9 I- -,,5.''-' I IO~;.':';~i ~o '9fcu v \~~s' ;;;~ ~u,t.=;lo.:~t".; I '- f1i1t.v-. lV.D'3Q'oo 6(.0 hz ItA.cO W<-d. (ts~ fa. V.a . 3(.,00 J ,1/ sV,%,-rIL' '-lW,.o~;Q,' . :: 1.c,{) 'I o\\",r~ p.J ,J- , p(JJ :4'/'7'1/. bFr,. ~ !:) ~n,CO ~(<J ik-/TZ.: /.2;.? ~ '\ t~l.CO TOTALS r, OU t~ ~ MORGAN &. MORGAN, P.C. BY: SC01T W. MORGAN, ESQUIRE IDENTIFICATION NO, 36721 12l) SOUTII STREET HARRISBURG, PA 17101-1210 (717) 236.79~9 ATIORNEYS FOR PLAINTIFF NANCI SCHOLL R.D. #2, Box 374 Palmyra, PA 17078, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99-1450 Civil v. CIVIL ACTION - LAW PONY EXPRESS DELIVERY SERVICES INC. 6165 Barfield Road, N.E., Ste. 200 Atlanta, GA 30328, Defendant ORDER TO SETILE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark this mailer settled, discontinued and ended, upon payment of your costs, only. MORGAN & MORGAN, P.c. DATED: April~, 1999 B\~~Uire Allorney for Plaintiff, Nanci Scholl ~ (") ~~ II'l ~- .. sQ (~~, ;- :r. ' ". _!.? " -'( ~'r 0... I.~;J ~(. '" ~,:~ f' N S --'-' - TI( 0:: Hi?;)- ' F- 0... ruu.. cs; ...;:' - 11- O"l 13 (J 0'\