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HomeMy WebLinkAbout03-3233FREIGHT EXPRESS, INC., Plafiltiff, vs. PAG TRANSPORT, INC., Defendant. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after tltis 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 ffyou fail to do so the case may proceed without you and a judgment may be enlered 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 (717) 249-3166 NOTICIA Le hah demandado a nsted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vicnte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar upa apariencia escrita o en persona o por abogado y archivar en la cortc en forma escrita sus defensas o ms objeciones a law demandas en contra de su persona. f~e,a avisado que si nsted no se deliende, la corte toraura medidas y puede entrar mm orden contra nsted sin previo aviso o notificacion y por cnalquier queja o ali,do que es pedido en la pcticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para nsted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SIJFICIENTI5 DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FREIGHT EXPRESS, INC. Plaintiff, VS. PAG TRANSPORT, INC., Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Freight Express, Inc., and by its counsel, Thomas A. Archer, Esquire, avers as follows: 1. Plaintiff, Freight Express, Inc., (hereinafter "PlaintifF) is a Pennsylvania corporation with a principal place of business located at P.O. Box 597 Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. PAG Transport, Inc., (hereinafter "Defendant") through information and belief, is a California business corporation with a principal place of business located at 3883 East Calwa Avenue, Fresno, California 93725. Defendant regularly conducts business in the Commonwealth of Pennsylvania 4. On or about October 1, 2001, the Plaintiffcomracted with Defendant for Defendant to deliver a load of goods pursuant to a Broker-Carder Agreement and load confirmation. (The Broker-Carrier Agreemem and load confirmation, collectively the "Contract" are attached hereto as Exhibit "A" and incorporated herein by reference). 5. On or about October 15, 2001, Defendant, pursuant to the contract initiated in Mechanicsburg, Pennsylvania, entered into with the Plaintiff, transported the load of goods to Fontana, California. This load of goods included 760 cases of chocolate which was subject to inspection and damage assessment. 6. Bill of lading and contract requirements for this shipment required that it be delivered at a required temperature and using refrigerated equipment and that the goods be delivered in good condition. 7. The goods, including 760 cases of chocolate, were rejected upon delivery because they were delivered in a visibly melted and damaged condition and could not be used to fill the customer's order for Christmas candy. Upon rejection of these goods, the Defendant picked up the product on or about November 28, 2001. 8. As a result of the damaged product, Plaintiffwas required to pay R.M. Palmer Co. for whom the products were transported, the sum of $12,503.42, as reflected in the copy of the check that is attached hereto as Exhibit "B" and made a part hereo£ 9. The amounts represented by the $12,503.42 are set forth in an invoice which was given by R.M. Palmer Co. to Plalntiffin the amount of $12,503.42, a copy of which is attached hereto as Exhibit "C" and made a part hereof. 10. As a result of the breach of contract of Defendant and negligence on the part of Defendant in f~iling or refusing to adequately refrigerate the subject cargo, Plaintiff has suffered damages in the amount of $12,503.42, plus interest thereon and costs of suit and attorneys' fees. COUNT I - BREACH OF CONTRACT 11. The allegations contained in Paragraphs 1 - 10 of this Complaint are incorporated herein by reference as if set forth at length herein. 12. The Defendant breached the contract with Plaintiffby failing to transport the contracted goods in a refrigerated trailer and otherwise failing to deliver the load of goods in good and marketable condition. 13. As a result of the breach of the Defendant aforesaid, the Plaintiffwas required to pay R.M~ Palmer Co., the entity for whom the products were transported, the sum of $12,503.42. WHEREFORE, Plaintiff respectfully requests this Honorable Court to issue a judgment in its favor in the amount of $12,503.42, plus interest thereon, costs of suit, attorneys' fees and any other relief to which the Plaintiffis entitled as a matter of law. COUNT II - NEGLIGENCE 14. The allegations comained in Paragraphs 1-13 of this Complaint are incorporated herein by reference as if set forth at length herein. 15. At all material times, Defendant owed Plaintiff a duty of care to deliver the comracted load of goods and refrigerated equipmem and to otherwise deliver the goods in good and marketable condition. 16. The actions of the Defendant aforesaid constitute a breach of Defendant's duty of care to the Pla'mtiff. 17. As a result of the Defendant's negligence, the Plaintiffwas required to pay R.M. Palmer Co., the entity for whom the products were transported, the sum of $12,503.42. WHEREFORE, Plaintiffrespectfully requests this Honorable Court to issue a judgment in its favor in the amount of $12,503.42, plus interest thereon, costs of suit, attorneys' fees and any other relief to which the Plaintiffis emitled as a matter of law. Dated: ID# 73293 P.O. Box 5056 Harrisburg, PA 17110 Phone (717) 233-8676 N~F' 135 O! p.5 Sent By: ] F'~4ge 2 O~:~Sp P.R.G.TRRSPORT. IMC. 7177372025; k~r-5-01 3:5OPM; I~ROI(ER- CONTRACT CAI~.IER AGREEMENT This AGREEMENT is made on ~is 03- ~yo? fl~- . 2001 .... by ~nd be~n.P A ~ ~R~N~P~R~ T~ , heminaR~c ~fcrred m as CARRIER, FREIGHT EXP~S3, INC., hcrci~Rcr rcfc~d to ~ BROKER. W~ER~A~: (I) CAR~ER I~ n mO~Of ceneact c~set O[ propc~ duly au:horizcd by thc COMMERCE COMMISSION (ICC), under pe~itno. MC- ~RTO~a , (a copy of which p~it is a~ched hereto ~nd mn~. a pn~ hct~O lo provide compensated con.act transpo~ation o~ propc~ for shippers (consignor~) and W~[~AS:.(2~ BRO~R is a Faint Fo~dcr, duiy au~orizcd by thc ICC undct license no. FF 2~30-P copy o~ which Hcense ts s~hed hereto ~d made a p~ hereoO, to n~ge for the ~spo~ation of prope~ by mo[o, the ~r~pormdon of~c ~odkics m b~ '[cnd~md w CARRIER u~dcr this AGREEMENt; ~d, ~A~: (~ BROKER. ~ an inde~e~dem con.actor, ~r~cs nlmly ship~? castoreums u. · ~mhnum~ amon8 v~ious g~phic poin~ t~ou~ou~ Ibc United Sates, ~ich fr~ ~imt ~o time require d~dicalion of cquipmrnL rc~i&erat~E, cdntaincri[ed, hulk or other spccializ:d ~uipmcn(, sb~ amice driv~ / equipment uvaUabili~, driver Ioadin& / unloading requirement, loading / deliver' schedulbg, d~enfion, o~emighl ~d weekend layover, I.TI.~L OR LCL/CL deliveries, wtckcn~o[iday shipments ~d deliveries, pooli~ or ~po~ing gaily, wiod~ ~a~c and ex~diled sp~ial credit and paymem t~s. as well as elec~onic d~ i~tercha~e ( EDI ), and ~or tho~c reasOn~ BR(IKER, ~AS: (4) CARRIER recopies t~ ~¢cial, distinct, yawing and confinuin& ~n~po~tion nccd~ uf CARRIER de[~"~ provide motor con~l c~age to BRO~R ~dgr a continuieg ag~ment designed tO meet and special ~nadon needa o{ BROKER ~nd hs shlp~er eu~omtrs as pa. or a )~8er in~eg~t~d schem~ of I~uns~al(on services ~8~ by BRO~R be~een m~y ship,er and c~ier customers; ~d, ~AS: (~) CARRIER ack~owle~e~ ~ a~ a *lnBle motor k may no~ bc ab)t ~o reliably ~d shippers, ~nd this AGReeMenT may b~ ont ora ~umb~r oF ~u~h continuing m~re~ments; ~nd. W~A~: [0) BROKER and CARRIER undcr~d that this AGREEMENT d~s nm biud dmc Fcsp~tivc caviare, ~d CARRIER ~ eh[or imo sb~i[ar con.ct cama&e ag~men[s wkh o~ brokers ~d / or shippers; ~O~. T~[~FORE, for and in consld~t{on of 1~ multi prom;~s ~6*li;h~d ~8~e~, the p~ies ~gre~ follows' (?) BROKER shall dillgcntly solicit, obtsm ~d maintain shippin~ customers having tYeigh~ traffic shipme~[s m ~ransponation, a~ shell ~ender ~eight ~u~c shipments to CA~[ER for transportation, and cagier shaU ~an~por~ ~tor vehicle fram an~ ~o such ~ints baleen which service may be required, such qu~dties Of au~orized commodities a~ ~ROKER may r~quirc wilh~ut delay, sub~t to thc av~ilabili~ of suhabte cquipmenl for Ihe ~a~c t~ndcred and the s~ific shipme~ ins~ctlons, nil in acc~dance with the te~s and conditions of this AGREEMENT. ~ndnuin~ b~is duHng'~ch ye= ~is ~r~m~n~ remaimts in ~anspo~tion. subject to ~e p~vistons contained in pnrs~ph~ (24) and (2~) CARRIER'S OBI.ICA~O~ M~r 05 O1 O~:3~p P-A.G.TRRSPORT. IMC. 558-~??-o442 Sent By: ; 7177372025; Uar. S.01 4;OtP~; Page 5/5 p.? BROKER. Solici~a6on includes conduct b'dtisted or induc.4:d by CAR]HER or ~cccp~d 6'om or Ihrou$b others ~n an), way related to or lffi[lated with d~e CARRI~'R (29) If CARRIER should perform acrvlccs ore e*anzpona~on or wm*ebot~si~ nature for comperu~tinn for any BROKER customer wi~o~l prior documtnrcd authorization ~'om BROKER dm-in ~ said time Period in Wolatlen of this AGREEMENT. CARRIER shall pay ta BROKER within lan (10) days u~' each ,uch violation an amount eqUal to t~ percent (I 0%) of eJ.I teveaues invoiced BROKER c~stomcts by CARRH~R.. CARR.I~iL CAI~J~JF.,R'S acceptance of the lead and movement of lEe freigJtt w~ll aclolowJadga thai leis new customer a BROKER customer CARRIER hM ten (10) days n,q~ such 'Rr~ Io,d" move~ to chnll~c, in ~n'hing, why thc cOJtOl~t' should uol bc ¢Oltatdelred a BROKER customer. In any ca.~c of challenge, BROICER and CARRIER will a~ree ia writing, exactly how this customer will be handled. SEVER, ABILITY (3,1) If any part of thi~ &GR.E£MENT is c~etcrmi~led by competent public authority or cot~ to bc contra~ tO laws ~ t'¢&'ula~ons of any applicable jurtsdictmn, then such invalid or unmtl'orceablc ptuvtsion aha~l b~ covered Ii-om AGREEMENT; howcvcr, su~ det~mination sh~ll nat in an)' way affec~ the v~lidity of any other provi$iolls of this CO,~M.PLETF..N~,~$ AHD AIvI.~NDMBNT~ (,12) The provisions contained in this aGREEMENT properly exptes~ ~e compictr a&teem~ml and tmdersinnding between d~e panics, including those contained in all prior agreements, both verbal and written, ~d leers a~e no other · ~r~emeno ~r under~tandin~ whatsoever, e~prcs~ed or implicd, Thi~ AGREEMENT ma)' sot b~ chnngad, waived or modil'ied except by wrio. c-n agreement slg. m:d by CARRIER nnd BROICER ~tsting fha! such writing b an amel~d~nan% to thi~ AGREEMENT. However, ~e signanu~s of thc pa~li~ shall not be required on the FAX ttansmined "toad con~rmations" and/or mailed 'load com~'n~&linns" describe4 in P~sgraph (1'/). ASSIGNA.~ILITY. AND ORLIGKI'IO~$ OF ~UC~ES:SOR~ (33) Nei~cr puny to this AGR.EEMIE, NT may a~si~ its ri~tt~ or oblignt~on~ ~mdcr ~is AGREEMENT wilho~:t the express wfincn co~ent Of the other (34) Thb AK:I~:EM~NT shall be blnainR upon the patties he¢Ot0, their legal repn:$entativcs, successors, heirs and authorized assigns. IN WITNESS ~4EREOF, authori~'~d representatives of the pmtics bare cxecutcd this 4 page AGREEMENT in ~wo counteq~an originals on lee date slated ,t the top or'Page I BROKER Freishl Expres&. Inc. 20 So. 36~ St.. Suite 200 Camp Hill. PA 170~ I Bra~ch Offices (if nppllcable) 2~-16t33~4 Tax ID Number M. Wmcr .Genera! Name and Title FRERNO ,_CA 937q1-~18~. ca%,, Stat~, Zip Cody CARPORA?~'ON. Co~poreien,Parmership,Sole propri=mrship or Other 77-05481 q8.,'5/ ~/ Serif ~y: ~reight Express, Inc.; 717 737 2025; Oct 10 01 lO:11AM; Page 1/1 C o~m~L% %~, REFRIGI ~OllOlOL . ~2676 10/1~/01 610-582-75LL'" [/2 3276 DZMOCRAT RD., SUITE D~SCRXPTION; A~PT CONF }'ONTANA, CA 92335 I R~venue Quantity Miles Weight 1,000 G~Oma Pay GO $OUTN~ 4th ;LIGHT TRN LFT ON A~ct. NO RMPNOMA *C0muheck fee $10.00/co~chmck. Co. check set~lement',Ql~i'b~;~ 3%, fee of gross revenue. PAGF~LCA TRANSPORT INC. Fresno, CA 93791.9185 Offige= ~'o= F~.XGH'Z' ~:X:PRES~, INC. 10/10/01 Date 717 215 7001 , · E~IT HWY. 76E TAKE THIS TO 4th LIGHT CLAIM RMPALM~R- P.A.O. FR~5648 12,503.42 12/31/01 14632 RiM PALMER COMPANY $12,503.42 December 20, 2001 FREIGHT EXPRESS, INC. P.O. BOX 597 MECHANICSBUf:~G, PA. 17055 CORE MARK, CORONA, CA. SAWA-LOT, RANCHO CUCAMONGA BASICALLY A BLJCK, BELLFLOWER, CA. UNIFIED WESTERN, CITY OF COMMERCE,CA. TOTAL PRICE Of-- ALL FOUR ORDERS. 25 % OFF OF RE:TAIL PRICE PLUS TAB WAREHOUSE CHARGES TOTAL AMOUNT OF THIS CLAIM IS SEE ATTACHED INVOICES $ 4,859.04 $ 7,738.20 $ 1,091.28 $ 2,534.64 $16,223.16 $ 4,055.79 $ 336.05 $12,5O3.42 REMARKS: SECOND PART OF A TOW STOP LOAD WAS RECEIVED AT TAB WAREHOUSE WITHOUT THE REFRIGERATED UNIT RUNNING, AS A RESULT MUCH OF THE CANDY WAS MELTED AND UNSALEBLE. SHIPPED TO: 1 ST STOP LANTER CO, MEMPHIS TENN. AND FINAL DESTINATION WAS TAB WAREHOUSE FONTANA, CA. ON 10/10/01. SHIPPER FROM: R.M. PALMER CO., 40 DENNIS DRIVE, READING, PA. 19606 CLAIM NO. 10561 I DECLARE UNDER OATH AND UNDER MY HAND SET HEREUNTO THAT ALL AND ANY OF THE INFORMATION SET FORTH IN THIS INVOICE ES CORRECT AND TRUE AND THAT THE TOTAL AMOUNT SET FOURTH IN THIS INVOICE IS THE ACTUAL AMOUNT AT WHICH THE GOODS HAVE BEEN SOLD. RM. PALMER CO. ENCL. ANN L. GRETH DISTRIBUTION SUPERVISOR VERIFICATION I, the undersigned, Paul M. Winer, President of Freight Express, Inc., verify that the statements set forth in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. FREIGHT EXPRESS, INC. PAUL M. W1NER FREIGHT EXPRESS, INC. Plaimiff, VS. PAG TRANSPORT, INC., Defendant. : IN THE COLrRT OF COMMON PLEAS OF : CUMBERL~4351D COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 03-3233 Civil Term : JURY TRIAL, DEMANDED PRAECIPE TO REINSTATE,COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. A copy of said Complaim is attached hereto as Exhibit "A". Dated: Respectfully Submitted: Tffom~s A. Archer, l~squire ID# 73:293 3747 Derry Street, P.O. Box 5056 Harrisburg, PA 17110-0056 Phone: 717-561-2677 FREIGHT EXPRESS, INC. Plainti~ VS. PAG TRANSPORT, INC., Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 03-3233 Civil Term : JURY TRIAL DEMANDED PROOF OF SERVICE TO THE PROTHONOTARY: Please enter upon the docket in this matter, proof of service upon Defendant, PAG Transport, Inc., via personal service dated October 8, 2003, within thirty (30) days from the filing of the Praecipe to Reinstate the Complaint on September 17, 2003. The Proof of Personal Service Affidavit by Greg Cassinedo is attached hereto as Exhibit "A". Dated: Respectfully Submitted: Thomas A. Archer, Esquire ID# 73293 3747 Derry Street, P.O. Box 5056 Harrisburg, PA 17110-0056 Phone: 717-233-8676 EXHIBIT "A" ATTORNEY OR PARTY W~TNOUT ATTORNEY (Name and Address): -Thomas A. Archer, Attorney at Law 3747 Derry Street TELEPHONE NO.: # 717.233-8676 Harrisburg, Pennsylvania 17110 ATTORNEY FOR (NaDle): Plaintiff In the Court of Common Please of Cumberland County, Pennsylvania SHORTTITLEOFCASE:Freight Express, Inc. , et al. VS. PAG Transport, Inc. PROOF OF SERVICE CATE TIME: DEF (Summons) FOR COURT USE ONLY CASE NUMBER: 03-3033 Civil Term 1. At the time of service I was at least 18 years of age and not a party to this action, and I served copies of the (specify documents): Plaintiffs Summons (Notice) and Verified Complaint 2 a, Party served (specifyname ofpartyas shown on the documents served): PAG Transport, Inc. b. Person served: ~] pa~y in item 2a ~ other (specify name and title or relationship to the party named in item P-ab Hardevinder Grewal: Agent for service of process c. Address: 3883 E. Calwa Ave, Suite 101 Fresno, CA. 93725 3. I served the party named in item 2 a. r~ by personally delivering the copies (1) on (date). (2) at (time~ b. ~ by leaving the copies with or in the presence of (name and title or relationship to person indicated in item ,2b~ An adult male who refused name and identification. (1) [~ (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person served. I informed him or her of the general nature of the papers. (2) ~] (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the person served. I informed him or her of the general nature of the papers. (3) on (date): 10 - 0 8 - 0 3 (4) at (time): 8: 03 p.m. (5) E~ Adec~arati~n~fdi~igenceisat~ached~(Substltutedservice~nna~ura~pers~n'min~r~c~nservatee'~rcandidate) by mailing the copies to the person served, addressed as shown in item 2c, by first-class mail, postage prepaid, c. [] (1) on(date):lO-08-03 (2) from(city): Fresno (3) [~ with two copies of the Notice and AcknowJedgement of Receipt and a postage-paid return envelope addressed to me. (4) [~ to an address outside California with return receipt requested. ~ (Attach completed form,)~l by causing copies fo be mailed A declaration of mailing is attached. d F--I e. r~ other (specify other manner of service and authorizing code sectlon} 4. The "Notice to the Person Served" (on the summons) was completed as follows: a, ~ as an individual defendant b. ~ as the person sued under the fictitious narTte cf (specify): c. [] onbehalf of (specify): PAG Transport, }.nc. under: ~ CCP 416.10 (corporation) ~ CCP 41620 (defunct corporation) ~ CCP 41640 (association or partnership) 5. Person serving (name, address, and telephone No ) FRESNO ATTORNEY SERVICE 6083 N. Fig Garden Drive, PMB 187 FRESNO, CA 93722 559.271-8207 Gregory J. Cassinerio [~ COP 416.60 (minor) E~] other: I~ CCP 416.70 (conservatee) [~ CCP 416,90 (individual) a. Fee for service: $ 2 8.0 0 b. ~] Not a registered California process server. c. [] Exempt from registration under B&P § 22350(b) d. ~] Registered California process server. (1) [~ Employee or independent contractor. (2) Registration No.: S9510000010 (3)/ County: Fresno ~] I declare under penalty of perjury under the laws of the State of Cai fornia~t~he foregoing is true and correct. 7.~] I am a California sheriff, marshal, or constable and i certify th~.~ng is true ,an.~rect. ~ Date: 10- 11-03 Form Adopted by Rule 982 PROOF OF SERVICE Judicial Council of California 982(a)(23) [New July 1 1987] (Summons) Code Civ Proc, 417 10(f) CEB STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) On February 10, 2004, before me, Renee Chavez-Vasquez, a Notary Public, personally appeared Greg Cassinerio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and off.~cial' sea/: :' / :F~" 'l ,~ ,, .. 5' ' ' II · ~! ~ ~ Notary P~lic i~ and for/~aid ftate ~ Commi~ion ~ 137~683 ~) ~) ~ Notary Public - California > ~Com.~p~,~ CERTIFICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, by depositing the same First Class, postage prepaid, with United States Postal Service, addressed as follows: PAG Transport, Inc. 3883 E. Calwa Avenue, Suite 101 Fresno, CA 93725 Date: Thomas A. Archer, Esquire Attorney I.D. # 73293 Attorney for Plaintiff FREIGHT EXPRESS, INC, Plaintiff, VS. PAG TRANSPORT, INC., Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No, 03-3233 Civil Term : JURY TRIAL DEMANDED PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter Judgment of Default upon the Defendant, PAG TRANSPORT, INC., in the mount of $12,503.42, plus statutory post-judgment interest, for failure to file and answer or otherwise plead to Plaimiff's Complaint. Attached hereto is a copy of the filed Proof of Service (Exhibit "A"), as well as a copy of the Ten Day Notice and Certificate of Service indicating original service of process pursuant to Pa.R.C.P. 402 (Exhibit "B"). Thomas A. Archer, Esquire ID# 73293 P.O. Box 5056 Harrisburg, PA 17110-0056 Phone: 71%233-8676 Dated: EXHIBIT "A" FREIGttT EXPRESS, INC. Plaintiff, VS. PAG TRANSPORT, INC., Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 03-3233 Civil Term : JURY TRIAL DEMANDED PROOF OF SERVICE TO THE PROTHONOTARY: Please enter upon the docket in this matter, proof of service upon Defendant, PAG Transport, Inc., via personal service dated October 8, 2003, within thirty (30) days from the filing of the Prae~ipe to Reinstate the Complaint on September 17, 2003. The Proof of Personal Service Affidavit by Greg Cassinerio is attached hereto as Exhibit "A". Respectfully Submitted: Thomas A. Archer, Esquire II~ 73293 3747 Derry Street, P.O. Box 5056 Harrisburg, PA 17110-0056 Phone: 717-233-8676 EXHIBIT "A" , Thomas A, 'her, Attorney aL _ 3747 Derry Streeb Harrisburg, Pennsylvania ^T~o~E~FOR~:Plaintiff 7i, 233- 867~I In the Court of Common Please of Cumberland County, Pennsylvania SHORT TITLE OF CASE ~9~7~ Express, Inc. , PAG Transport, Inc. PROOF OF SERVICE j DATE (Summons} et al. TIME: DEPT./DIV.: CASE NUMBER: 03-3033 Civil Ter~ 1 At the time of service I was at least 18 years of age and not a party to this action, and I served copies of the (specifydocumenfs): Plaintiffs Summons (Notice) and Verified Complaint 2. a Party served (specify name of party as shown on the documents served): PAG Transport, Inc. b, Person served: l~j party in item 2a ~ other(specifynameandtitleorrelationshiptothepartynamedinitem2a,~ Hardevinder Grewal: Agent for service of process c. Address: 3883 ~. Calwa Ave, SuiEe 101 Presno, CA. 93725 3. I served the party named in item 2 a. [~ by personally delivering the copies { 1 ) on (date): (Z) at (time,~ b. [] by leaving the copies with or in the presence of (name and title or relationship to person indicated in item An adult male who refused name and identification. (1) [~J (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the per served I informed him or her of the general nature of the papers. (~) [--~ (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the person served, I informed him or her of the general nature of the papers. (3) on(date~ 10-08-03 (4) at(time.~ 8:03 p.m. (5) [--~ Adec~arati~nofdi~igenceisattached(Substitutedservice~nnatura~pers~n'min~r'c~nservatee~~rcandidate~ c. ~ by mailing the copies to the person served, addressed as shown in item 2c, by first-class mail, postage prepaid. (1) on (date):l 0 - 0 8 - 0 3 (2) from (city): Fresno (3) ~] with two copies of the Notice and Acknowledgement of Receipt and a postage-paid return envelope addressed to (4) [~] to an address outside California with return receipt requested. '~ (Attach completed form.) d. {~ by causing copies to be mailed. A declaration of mailing is attached, e. ~ other (specify other manner of service and authorizing code section): 4, The "Notice to the Person Served" (on the summons) was completed as follows: a. ~ as an individual defendant. b. ~ as the person sued under the fictitious name c~ (specify): c. E~ onbehalfof(specify): PAG Transport, Inc. under: [~ CCP 416 10 (corporation) [~ CCP 416 20 (defunct corporation) ~ CCP 416.40 (association or partnership) 5. Persoo serving (name, address, and telephone No ) COP 416.60 (minor) CCP 41670(conservatee) CCP 416.90 (individual) Fee for service: $ 2 8.0 0 other: FRESNO ATTORNEY SERVICE 6083 N. Fig Garden Drive, PMB FRESNO, CA 93722 559.271-8207 Gregory J. Cassinerio 187 b. ~ Not a registered California process server. c. ~ Exempt from registration under B&P § 22350(b) d. [] Registered California process server. (1) ~ Employee or independent contractor. (2) Registration No.: S95~00000Z0 (3)~ County: Fresno 6 ~] I declare under penalty of perjury unde~ the laws of the State of California.t~at ;the foregoing is true and correct 7. [~ I am a Cahforn,a shot,fl, marshal, or constable and I cert,fy that the~re~ng ,s true and ~o~rect Date: 10-11 g~2(~)¢~3) [N~w J.~y ~ maTl (Summons) CEE STATE OF CALIFORNIA COUNTY OF FRESNO On February 10, 2004, before me, Renee Chavez-Vasquez, a Notary Public, personally appeared Greg Cassinerio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ._ ~ENEEcommi~lon~ 137S683 CHAVEZVASQUtZ ~ mq~ary P~lic i~ and for/~aid State Notary Public - California ~ Fresno County J CERTIFICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a tree and correct copy of the foregoing document upon the person(s) stated below, by depositing the same First Class, postage prepaid, with United States Postal Service, addressed as follows: PAG Transport, Inc. 3883 E. Caiwa Avenue, Suite 101 Fresno, CA 93725 Date: Thomas A. Archer, Esquire Attorney I.D. # 73293 .,tttorney for Plaintiff EXHIBIT "B" FREIGHT EXPRESS, INC. Plaintiff, VS, PAG TRANSPORT, 1NC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-3233 Civil Term JURY TRIAL DEMANDED NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT TO: PAG TRANSPORT, INC. 3883 East Cala Avenue, Suite 101 Fresno, CA 93725 DATE OF NOTICE: November 19, 2003 IMPORTANT NOTICE 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 (10) DAYS FROM THE DATE OF TI-IlS NOTICE, A JUDGMENT MAY BE ENTERFI) AGAINST YOU WITHOIY'F 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 LAWYEK OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN. GET LEGAL HELP. Lawyer Referral Service CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Cml'isle, PA 17013 Phone: 717-249-3166 By:·~~A Archer' Esquire Attorney I. D. No. 73293 3747 Deny Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a tree and correct copy of foregoing Notice of Intention to Enter Judgment By Default was served via U.S. first-class mail, postage prepaid, upon the following: PAG TRANSPORT, 1NC. 3883 East Cala Avenue, Suite 101 Fresno, CA 93725 Dated:tt/2v , 2003 Thomas A. Archer, Esquire Counsel for the Plaintiff CERTIIeICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a tree and correct copy of the foregoing document upon the person(s) stated below, by depositing the same First Class, postage prepaid, with United States Postal Service, addressed as follows: PAG Transport, Inc. 3883 E. Calwa Avenue, Suite 101 Fresno, CA 93725 Thomas A. Archer, Esquire Attorney I.D. # 73293 ,4ttorney for Plaintiff