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Home My WebLink About04-2457IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CUiL OVERNITE TRANSPORTATION CO. NO. ,Oq l IN CIVIL ACTION -vs- Plaintiff(s) EXEL LOGISTICS, INC., d/b/a DAUPHIN DISTRIBUTION SERVICES CO. a/t/a EXEL LOGISTICS-GROCER SERVICES Defendant(s) COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA / OVERNITE TRANSPORTATION CO. NO.0041' -Zys"I IN CIVIL ACTION -vs- Plaintiff (s) EXEL LOGISTICS, INC., d/b/a DAUPHIN DISTRIBUTION SERVICES CO. a/t/a EXEL LOGISTICS-GROCER SERVICES Defendant(s) 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, 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, PA 17013 Telephone (717) 249-3166 Toll free: 1-800-990-9108 2 COMPLAINT 1. Plaintiff is a corporation engage in terstat transportation services having offices at 1000 Semmes Avenue, Ricmond, VA 23224. 2. Defendant is a corporation having its offices or place of business at 260 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about April 2, 2000 and at various times thereafter, at the request of Defendant, Plaintiff sold and delivered to Defendant certain transportation services, as is more specifically shown by Plaintiff's Pro Detail Page true and correct copies of which are attached hereto marked Exhibit(s) "A" and made a part hereof. 4. Defendant received and accepted the aforementioned services. 5. Plaintiff transported goods, wares, and merchandise under ther terms and conditions specifically set forth under the Tariff duly filed pursuant to the Interstate Commerce Act. 6. The agreement of open account between the parties arose from words, course of dealing, and the aforementioned document(s). 7. Plaintiff avers that all conditions precedent to the Defendant's duty of performance under said agreement have occurred. 8. Plaintiff avers that the balance due amounts to $2,579.74. 3 9. Plaintiff avers that interest has accrued at the rate of 18% per annum on the balance due from November 10, 2000, which is pursuant to the duly filed Tariff 102K, Item 721, a copy of said item is attached marked Exhibit "B" and made a part hereof. 10. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees of 35% incurred in the collection of monies owing, pursuant to the duly filed Tariff 102K, Item 721 (Ex B).. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant(s) in the principal amount of $2,579.74, with appropriate additional, interest from November 10, 2000, plus attorneys fees and costs. APPLE AND APPLE, P.C. - C - By: A6 ttorneys for 4-Piff(s) 4 . ._.__ ... ... . . ... . ............ o.e .r._KaMe!ebn:+RMENr.•eI?IIG1?G .!:SR'Eti?°R9?RSfldiu4"L$?,[?S°, .S'?Ft'M''.Sii'eSt 'ru OVERNITE TRANSPORTATION CO EXEL LOGISTICS CAMP HILL PA 17011 PRO DETAIL PAGE 1025 502 200900 FILE BALANCE 2579.74 PRO M MBER / REF# PRO AMT BALANCE DATE 594734792 185.45 664.91 10/10/0 5947347,81 142.84 49.99 10/10/0 594695±76 298.63 104.52 10/11/0 593360944 384.94 134,73 08/06/0 593304972 384.94 134.73 07/29/0 411728321 194.75 262.91 11/18/0 411728332 119.85 161.80 11/13/0 411728343 179.'_1 241.80 11/18/0 411728354 122.17 164.93 11/18/0 411,478561 773.77 303.42 12/05/0 406303100 1017.13 356.00 1^2/27/0 407872942 615.41 0.00 04/02/0 =P`_'RIG,-i""!''_988, OVFMNME RAN-1 Gi I-ALIGN CCTwAW- 3 i i ; 1 OVITN'T 102-K TARIF 1 CONTAINS SUPPLEMEN ; CHAINGES i _ l O F-ITE TR SPORT IOC COMPANY D.O. BOX, 1216 RCNNIOND, VA 23218-11 216 i nttn:!/www.ovemite. corn/ i _ i MC-109533 RULES AND CHA-RGES FOR SPECIAL SERVICES 'FECTI"V-E: Oeto el 1, 2001 r E'.:ir S ON =-IRSTATE, INT {AST:VAME AN-D FOREIGN COMMERCE. (SEE =M100) I TARIFF 102-g iTE,ld 345-Cont. SECTION 5 Nhere different !ICL or "L rates and minimum ,veiart are provided an the same article dn?uded in a mixed VOL or mixed ? _nmment ?e lowest cnaraes that can be computed by s h e use of any such rate and its accompanvina minimum a v e i g h t for'hat articie, snail be used in the determination of the 1 charges for the entire shipment SECTION 7 Cn mixed VCL or TL shipmems of commodities subject, to "excess" rates or ratings (See NOTE H), a_ach commodity shah be considered separately and " excess" rates or ratings [See ACTE 3), will apply only Nhen the basis minimum weight is met on each commodity. (Two or more commodides subject to the same rates or ratings and minimum weights are to be treated as one commodity in applying the excess class rate or rating.) I M j NOTE A--The provisions of this tuie wid also apply on shipments accorded stopoif in transit privileges. l NOTE 3-c :cess rates or ratings are those rates or r atings spe=aily published to apply on the amount of the shipment oaded in the same 3aiier which exceeds the stated VMW. I NOTE he LTL rate to apply 1A be rate applicable an the weight of. the article or articles being charged for on the basis of the L i1 rate or rates considering such portion as a separate shipment for rating purposes subject to a minimum charge, if applicable. NOTE ;-The weight if 'he Portion of the shipment assessed LTL rates shah not be used in comoutina the applicable VOL or TL minimum weight. iTENI ail NOTIFICATION ?9Z10R TO DE? ''VERY (See ;Notes 1 & 2 ) When I err is requested or r equired to call customer as a condition necessary to delivery, or to make arrangements for customer piciup at 3vemite's service center or `o orovide vaiden notice concerning the arrival of a shipment, a charge of 521.(10 per shipment wid be assessed. 2. When the consignee requires delivery of the freight bill prior to delivery of a shipment, a charge of $27.95 per shipment will apply. Note 1 - Not appimble when the consignee of a shipments located at a private residence, apartment, camp (other than mitkarv), church, country dU0, astate, farm, individual (mini) sterage unit, rectory cr sci col (See item 7533 & 755) - Provisions of this item apply only on LTL ITEM 570 EXTREME LANG i ri I OVER DiME4SICN - MINIMUM CHARGE S;uumenis containing one or mere articles with dimensions that equal or exceed i 5 feet in length shall be subject to a charge of Ssb.00 cer s ipmenL ?'his charge shall be in addition to all other appiicnbie charges and shail be collected from the parr1 responsible er the payment of the freight ojii. 2. Tee urge ?n this ;tern 'Al not apply an shipments that are subject to a. Capac;tv ioad minimum charge b. Cubic Capacity and Density Minimum Charge C. Fxexsive Use of Vehicle or Volume rates and GJ COLLECTION SEE FOR NONPAYMENT OR LATE PAYMENT - When edit has been extended by the Carrier, all transportation charges shalt be paid in full within 15 days of presentation by Carrier of 'he freight bill in accordance with item 1,10 (credit period). 2. Payments not made within 30 days of presentation of the freight bill shall be considered delinquent Pursuant to Title 49, subsection 1320.2. notice shall be given by Carrier that failure to pay within he authorized credit Period will require the Carrier, before extending credit again, to determine whether the shipper mill comply with the edit regulation in the future. The consignor, consignee and any third party involved in the movement shad remain :iabie for transportation charges incurred, with the sole exception being the non-+ecotuse provisions of the bill of lading contract. The consignor, consignee and any third party shall be jointly and severally liable for said charges, regardless of any agreement between them with respect to the parry which may be re_sponsibie for the freight charges incurred. 3. 'n the event pavment ;s not made Nithin 30 days of presentation of the freight bill and the Carrier deems it necesssary tn retain the services of a collections agency, and or legal counsel to collect any outstanding indebtedness, the ;iabie party shall pay to the Carrier a collection fee equal to 350 of he unpaid charges. Should this fee exceed the maximum allowed by state, federal or local statute, then the fee will be reduced to the maximum rate not otherwise prohibited. .Additionally, a se.!vice charge of 1.5% per month (or fraction thereof) will be assessed and due on the unpaid balance. This service charge will begin at the time the receivable is placed with the collections agency and or legal counsel and .vial end when payment has been made. All action or proceertnas instituted by Carrier for the collection of freight charges owed by the chipper, consignor, consignee or third party involved jn the movement who has failed to pay such charges within 30 days of presentation of the freight bill, where he Carrier initiates a lawsuit. such suit shall be brought in a court of competent jurisdiction in the State where the debtor resides, and cause of any action or suit hereunder must be brought by the parties in the federal or state court with appropriate jurisdiction over the subject matter established or sitting in that State. The parties Mil not raise, and hereby waive, any defenses based on the venue, inconvenience of forum, lack of personal Jurisdiction, sufficiency of service, of process or the like in any cause of action or suit brought in the sitting State. AF FIDA VIA" a My Commission J. ?Q-t-, o f ?fi/UNG [ V IQJ , Plaintiff herein, verify that the statements offact contained 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. § 4909, relating to unworn falsification to authorities. Date q RY P ire'S'(dYL?h 31, 2005 Avant Title 162SEA4 frn 6S t+X - 0??' r Address ()41 41 .011?? t City, State and Zip ? ? C '?? g ? ??r? c- s:' ?, ?._ t;yr ,? 1 ?? -"' 3 :^=, 1.- tidr? "t-... ._.3 r° 4 Curtis R. Long Prothonotary office of the Protbonotarp ttCumberlanb ttCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor nA4- Zy S 7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573