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HomeMy WebLinkAbout07-7549 ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff COMDATA NETWORK, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v ;NO. 01- 15g9 l.i?v; I ?(°t'w1 STAR TRUCKING CO., LLC and THOMAS R. CARBONARO, personal guarantor Defendants CIVIL ACTION - 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 this 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, 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 TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 FAIR DEBT COLLECTION PRACTICES ACT NOTICE TO: Thomas R. Carbonaro personal guarantor for Star Trucking Co., LLC 1. Amount of Debt: $2,610.46 Plus interest and attorney fees 2. Name of Creditor: Comdata Network, Inc. 3. Unless you, as the consumer, within thirty (30) days after receipt of this Notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by me. 4. If you, as the consumer, notify me in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, I will obtain verification of the debt or a copy of a Judgment entered against you and will mail the same to you for your benefit. 5. The address of Comdata Network. Inc. is: c/o: Kodak & Imblum. P.C PO BOX 11848, Harrisburg PA 17108 6. The attached correspondence from me to you is for the purpose of collecting the above stated debt. Any information I obtain from you will be used for that purpose. ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. PO BOX 11848 HARRISBURG, PA 17108-1848 ATTORNEY FOR: Comdata Network Inc DEBT COLLECTOR COMDATA NETWORK, INC. v Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- .7S117 Cc l re,-- STAR TRUCKING CO., LLC and THOMAS R. CARBONARO, personal guarantor Defendants CIVIL ACTION - LAW COMPLAINT The Plaintiff, COMDATA NETWORK, INC., by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of THREE THOUSAND ONE HUNDRED THIRTY TWO DOLLARS AND FIFTY-FIVE CENTS ($3,132.55) together with interest thereon at the statutory rate from September 20, 2007, upon a cause of action of which the following is a statement: 1. 2 3. The Plaintiff, COMDATA NETWORK, INC., is a corporation organized and existing under the laws of the State of Maryland, having its principal office and place of business at 5301 Maryland Way, Brentwood, TN 37027. The Defendant, STAR TRUCKING CO., LLC, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 7044 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania 17013. The Defendant, THOMAS R. CARBONARO, personal guarantor for Star Trucking Co., LLC, is an adult individual residing at 316 E. Meadow Drive, Mechanicsburg, F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMDATA 33761.wpd 2 Cumberland County, Pennsylvania 17055. 4. Defendants submitted a Credit Application to Plaintiff, which credit was granted, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 5. On or about April 6, 2006, Defendant, Thomas R. Carbonaro, submitted to Plaintiff a Guaranty of Past and Future Indebtedness on behalf of Defendant, Star Trucking Co., LLC, a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof. 6. Thereafter, on April 7, 2006, the Defendants entered into a Standard Customer Agreement with Plaintiff, a true and correct copy of which is attached hereto, marked Exhibit "C" and made a part hereof. 7. On various dates and for various amounts Defendants incurred charges under the aforesaid Guaranty and Standard Customer Agreement to the total amount of Four Thousand Six Hundred Sixty Dollars and Twenty-Eight Cents ($4,660.28) as set forth on Plaintiffs Statement of Account attached hereto, marked Exhibit "D" and made a part hereof. 8. The prices charged for said goods, wares, merchandise and/or services were just and reasonable, were the legal and market prices therefor and were the prices F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMDATA 33761.wpd 3 which the Defendants contractually promised and agreed to pay to Plaintiff. 9. Due to the default of Defendants interest has been added to said account in the amount of Three Hundred Fifty Dollars and Eighteen Cents ($350.18) up through September 19, 2007. 10. Defendants become entitled to certain credits against the charges aforementioned, to the total amount of Two Thousand Four Hundred Dollars ($2,400.00) thereby reducing the balance due and owing to Plaintiff to Two Thousand Six Hundred Ten Dollars and Forty-Six Cents ($2,610.46). 11. Due to the default of Defendants, and pursuant to the terms and conditions of the Agreement and Guaranty executed by Defendants, attorney's fees in the total amount of Five Hundred Twenty-Two Dollars and Nine Cents ($522.09) have been added to said account. 12. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendants. 13. Plaintiff frequently demanded payment from Defendants of said amount due and owing as aforesaid, but Defendants refused and neglected and still refuse and neglect to pay said amount or any part thereof. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMDATA 33761.wpd 4 WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of THREE THOUSAND ONE HUNDRED THIRTY TWO DOLLARSAND FIFTY-FIVE CENTS ($3,132.55), along with interest thereon at the statutory rate as set forth herein. Respectfully submitted, Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\COMDATA 33761.wpd Comdaft Credit Application Roturn to Aldon Cheatham Fax # Comdata Network, Inc. can norm an Please Print Information COMPLETE LE COMPANY E PAGE 01/01 v?n?c LIF' F DIFFERENT FR OTH R) O CITY STATE ZIP GE[ L PH NE EMAI ADDRESS PT BUSINESS FAX p? T PERSON ` ' Ca '`? l r?'r: ti` a- 131LUNG ATTENTION TO FEDERAL TAX ID # : `f .- j (09 le"jiff I YEARS IN BUSINESS YEARS IN GOArHOL BU51neSS VD@: ER OF VEHICLES/ EMPLOYEES! DRIVIwR1 CORPORATION PARTNERSHIP NET WORTH _ SOLE PROPRIETOR -y-- LLC Ke Personnel Haw you *VW had or spl>Itea for a Comdata aooourrt7 Yes or f da one) A, Must t:OmPlOto A and/or B _ mAAAmunm ..r..... &.-- -_ ?--- „B a.oraoratlon . over SS 9 DO annual Sales PRESIDENT _ CON/T?ROLLER 114 CO T D !N YEAR; - .? 7V Unsecured d/n!dit u rirs annual flnanNa/ sta&w"ants with notas and STATE OF: B) =Partnerahlu Sale _Pronrtetershln_!,.r.ur?.....----.-- y4urmostfecentlnrodmstatanant PRI N CIPAL OWNER HOME ADDRESS PRINCIPAL OWNER ?`i ^ x•14 " `til 1 SOCIAL &ECURITY fR CITY or- U SOCIAL SECUFW Y p RIVER'S LICENSE d STATE N-1C ,II LAC) ;IArt; ZIP HOME PHONE 1 _Ra DRIVER'S LICENSE * STATE pp --rs ?w-¦ -narru %oHOCK Or -.Z ONE -,.+ TYPE OF intOrmafial. Addeiprglb. aaC+ a^darsiurwd 1ndMdw4 as an oMOw. arihcl>.1l w" Or ade praprytpr Of aGPrrAnt. fonr&jI -- - aI AO 'm and dose twrabY aarwne W and aUtmga Na us rXMSAtar zw"h InMWWM W@Ie mt" rr+y be a radar In #40 aVI or or aqt M oonwrrw orrm rem by Comaele Ram time b ere ee needoa In Rr oredt Wbkd6- Offtam M lnan;W MomeOan VA pa %W nk appepppn aces not aMR1e Appilark to reoeNe -MWW*L ?- eoiterWon of credit rrorn cammts. 8y'IF" be1mv, ; ,N alarms dqt all _ InIWn41ion staled rn ft sppNCVROn b tilp and fo kxw Signcture $ Title Prin X /'• i - (/q opal{Owner?or Company pffl?pr muCt Slgn.) Sionatura -1111 1111 (Prinalpel Owner or Co Y? t $?' lOi'X Y?'' rrip" Olrfmr rnW Sil X PRNTEp NAME AND DATE ?7- Ploa196 complob this NT?D NAME AND PATE aPP6rat&m in ifs ontire? Failure to do so wIU deky the processing Of this apPUtxtion. Cam a o Ca use on . T s a ono a com et ? Rnmham Card ? Travd s S#grtafnmertt ? FIM Cara ? -Cosh / Debit Card pleas ;¢)grr sh tran ? T50 in+.%? n woos AbOVR that eooly end rtfOrlthly .zfi aM s $? P-Card $p _ T g E Card $0 Fleet Card $0 *-Cash Method of Payment: Payment Schedule: Credit Line Requested: $ # Of Cards Requested CIS V- ?a I JAN-31-2007 11:31 FROM: T0:7410 P.2/3 Tue xar 21 08:32:1s 2006 Cheatham, Aldan raga: s S0Roa3 GUARANTY OF PAST AND FUTURE INDEBTEDNESS To: Comdata Network, Inc. Its Affiliates and Subsidiaries Gentlemen: For and in consideration of the extension of credit Star Truddm Comoanv. LLC.. Acknowledged, I (We), Jointly unconditionally guarantee at all times unto you the Payment of any indebtedness or balance of indebtedness of Star Trudging Comuanv. LLC.. hereinafter called debtor, to you, whether such indebtedness now exists, or is incurred hereafter, and in whatever form it may be evidenced. I (We) waive notice of acceptance of the guaranty, and an notice of defaults by the debtor, and I (We) consent to any extension or extensions of the time or times of payment of the indebtedness, or any portion thereof; and to any change in form of renewal at any time, of such indebtedness, or any part thereof, or to any evidence thereof taken at any time by you. This is to be a confirming guaranty, and the extension of the times of payment or the acceptance of any sum or sums on account, or the acceptance of notes, drafts, or any security from this debtor, shall in no way weaken the validity of this guaranty. Should any purchase heretofore or hereafter, made by the debtor, of you, be not paid at maturity, you shall have the right to proud against me (us) therefor at any time, without any notice and without any proceeding or action against the said debtor, and I (We) waive any demand for payment. This guaranty shall continue at all times regardless of the amounts paid by the debtor and shall not be revoked by death of the guarantor but shall remain in full force until the undersigned or the executor or administrator of the undersigned shall have given in writing to make no further advances on the security of this guaranty and until such written notice shall be received by you &vm the undersigned or his executor or administrator. A registry return receipt for said letter shall be conclusive evidence of receipt of notice or revocation This guaranty shall not be abrogated by any change in the fum or status of the debtor, whether caused by death, by the admission of any new member or members or by the withdrawal of any member or members or by any change from any cause. Should the said debtor, at any time, became bankrupt or insolvent, then in that event you shall have the rigs at your option, without demand or notice whatsoever, to prove and file your entire claim in any court of competent jurisdiction, whether such claim exceeds the amount of this guaranty or not, and to coiled any dividends that may be realized on the entire claim; and in that event you shall have the right, at your option, without any notice or demand, to proceed against me (vs) at any time, for the difference between the amount of said entire claim due you by the said debtor, and the amount of such dividend or dividends thereon, on the entire indebtedness being the amount guaranteed hereunder, you shall have the right to proceed against me (us) at any time without demand or notice whatsoever. The guarantors hereby waive the benefit of all Homestead exemption laws. JAN-31-2007 11:32 FROM: Tue Mar 21 09:92:29 2006 TO:7410 P.3/3 Cheatham, Aldan Vaga: 3 I have hereumo set my hand and seal at P? olis day of AW v (k . Q.X?'N' Tom Carbonaro Personally - (,Address) ` ?'1??wr.c.?y.?.,? \1055 (City, state, zip) Spouse (Address) Personally (City. staft. zip) County of _C--%3"-jLc`onn?:k State of +111L l+?v.?A ('? The above mentioned individuals, \ .?.i?Q?it?1?CO And who acknowledged that they willfully executed the foregoing instrument, personally appeared before me, a Notary Public. Witness my hand And seal this day of Iprl . 20j(YA. Notary Public COMMONWEALTH OF PENNSYLVANIA Notedal Seal Jennifer N. Grow, Notary Public SilverSpringTWp. CumberlandCounty My Commission KCCx ices Jan. 28, 20088 Member Penn-Mvnnta e?qn, 4n#W of N4ta?ke Comclata Transportation Services Standard Customer Agreement Account #: Company Name:- MC # 5aQ3?(o Address: p?{ y (' ??, `\ p Q i ?o City/St/zip: Lcxr 1 C? _Q_ A 013 Billing Address: _R 6-( -7 ?RQ If different from above: City/St/Zip: c4k? \ Telephone #:'-11-7 (p FaxM (Q91 _ &o1S Contact Name: Billing Attention:[ ?h - E-mail Address: IVCec"ICA LAS f`L LT FID #: O? - ? (09 ?OSy This Agreement is made and entered into by and between COMDATA NETWORK, INC., dlbla Comdata Corporation ("Comdata") and the above named Company ("Customer', and sets forth the terms and conditions pursuant to which Comdata will provide an account to Customer as provided for herein. 1. Account and Services. (a) General. Comdata will provide Customer with an account (the "Account") and Comdata cards ("Cards") and Comchek© drafts, through the use of which Customer may access the credit, funds distribution, financial information and other services chosen by Customer on Schedule A. (the "Services"). Customer represents that it is either a governmental, non-profit or commercial business enterprise and agrees that the Account is for business purposes only and will not be used for personal, family or household purposes. Further, the Account may be used only for valid and lawful purposes. Customer is responsible for notifying its employees, agents and other representatives to whom the Services are made available of the policies and procedures for use of the Services. All Cards issued to Customer shall remain the property of the issuer and must be returned upon request. (b) Express Cash Debit Service. Comdata offers a debit card service (the "Debit Service") pursuant to which Customer may distribute funds to employees, drivers and/or other authorized personnel by loading such funds on PIN-activated Cards that access certain automated teller and point-of-sale debit networks (the "Networks"). The Cards accessing the Networks are issued by AmSouth Bank, a member of the Networks, or such other substitute Network member as designated by Comdata. In the event that Customer subscribes to and/or uses the Debit Service, Customer understands that it will be required to establish and maintain a demand deposit account at the Network member bank and agrees that (i) all such transactions through the Debit Service are subject to availability of funds according to respective account balance(s), the authorization and approval of each respective Card and transactions effected thereby, Customer's current credit relationship with Comdata and applicable laws, rules and regulations, including, without limitation, those of Networks and (ii) Comdata may modify the Debit Service and the transactions available in connection therewith based upon, among other things, changes in the foregoing. In addition to the transaction fees set forth in Schedule A hereof relating to the Debit Service, Customer shall pay to Comdata the principal amount of any money withdrawn from ATMs or POS purchases. Such fees are exclusive of any additional fees which may be imposed by owners of ATMs, Networks or their respective agents. 2. Credit Limit. If approved, Comdata will establish a credit limit for the Account, which is subject to periodic review and adjustment by Comdata. Customer shall provide Comdata with such financial information as Comdata may reasonably require to review Customer's credit limit and authorizes Comdata to make any credit investigation Comdata deems necessary and appropriate. Customer shall not allow its unpaid Account balance, including fees and other charges on the Account, to exceed its credit limit. If Customer exceeds its credit limit, then Comdata may request immediate payment, request additional security, suspend the Account, and charge additional service fees. 3. Security. If requested by Comdata from time to time. Customer shall provide Comdata with security for the performance when due of its obligations herein. Such security shall be in the amount and form as set forth in Schedule A, and the Account will not be available until such security is accepted by Comdata in its sole discretion. ? Initial & Return 4. Fees and Payments Terms. Current fees for use of the Account and Services are set forth on Schedule A. Comdata shall have the right to change or add fees upon giving fifteen (15) days written notice thereof to Customer. If the total fees on Customer's Account equal less than $25.00 for any month, then Customer shall pay a minimum monthly account maintenance fee of $25.00 for such month. Customer shall make payment to Comdata of the full amount of all transactions on its Account plus the applicable fees in accordance with the payment terms on Schedule A. Any payments made by check shall not be deemed to have been made until such check is honored upon presentation for payment at Customer's bank. Customer shall pay a late charge in an amount equal to the lesser of 1.5% per month or portion thereof, or the maximum amount allowed by law on any outstanding balance not paid when due under this Agreement. In addition, each time Customer's check or other payment method is dishonored when presented for payment at Customer's bank, Customer shall pay to Comdata a service charge of $20.00 or the maximum amount allowed by law, whichever is le Customer must notify Comdata of any disputed item on Customer's statement within sixty (60) days from the statement date or it will be deemed undisputed and accepted by Customer. In the event that Comdata engages the services of a collection agency or an attorney to preserve, protect, enforce or defend its rights under this Agreement, Customer agrees to pay all such costs, expenses and fees of such agency or attorney, including, without limitation, court costs and out-of-pocket expenses. 5. Term. This Agreement is for an initial term of 1 year(s) commencing on the date this Agreement is approved by Comdata. Thereafter, this agreement shall automatically renew for consecutive, successive terms of 1 year each unless and until one party provides notice of non-renewal to the other party not less than ninety (90) days prior to the end of the then existing term. 6. Anticipated Volume Commitment. During each calendar month of the term of this Agreement, Customer agrees to use the Account for not less than ninety (90%) percent of its transactions which may be effected by the Account (e.g., fuel and cash advance transactions). Customer and Comdata agree that the aggregate number of monthly transactions is set forth on Schedule A, and ninety percent (90%) of that number of transactions shall be defined as the "Minimum Monthly Volume". If during any month the aggregate number of transactions effected by the Customer is less than the Minimum Monthly Volume, Customer shall then pay to Comdata an amount equal to the difference obtained by subtracting the actual number of transactions in any given month from the Minimum Monthly Volume and multiplying such number by the applicable Comdata Card Funded Fuel Level C rate for Fuel and Cash transactions, Express Comchek© rate for Express Comchek transactions and the Comdata Express Cash Load Fee rate for Comdata Express Cash Loads as set forth on Schedule A. If Customer terminates this Agreement at any time during the term hereof or Comdata terminates this Agreement at any time upon the occurrence of an event of default, then Customer shall nevertheless remain obligated to pay the Minimum Monthly Volume fees calculated in accordance with this Section for the number of months remaining in the term after the effective date of the termination. This Section shall not apply if Customer can satisfactorily prove to a Comdata representative that its current Comdata volume is greater than 90% of its total transactions. 7. Default and Remedies. In the event of Customer's default under this Agreement, including, without limitation, failure to comply with the credit limit and payment terms provisions hereof, Comdata shall have the right to immediately suspend the Account until such breach is cured. In the event any such breach or default is not cured within a reasonable period of time, then Comdata may thereafter terminate this Agreement. Customer's obligation to pay for all outstanding amounts on the Account incurred before the effective date of termination shall survive termination. 8. Responsibility for Cards, Codes and Security Information. Customer agrees to accept full responsibility for all purchases made as a result of the use of Cards, Codes, Comcheks, passwords or other security codes and procedures. Customer shall notify Comdata immediately by telephone of any lost or stolen Cards, codes, passwords or other security codes or procedures and shall be fully responsible for the unauthorized or fraudulent use thereof until such time as Comdata has received such notification from Customer provided that each fraud or misuse is not attributed to Comdata. 9. Equipment. Comdata may provide Customer with equipment to establish a communications link with Comdata for the fee set forth on Schedule A. Such equipment shall be utilized only for the purpose of accessing services provided by or through Comdata and for no other purpose, and Customer shall not alter or modify such equipment without the written consent of Comdata. Customer shall be responsible for any damage to the equipment while in its possession. The equipment shall at all times remain the property of Comdata, and, in the event of the termination of this Agreement, shall be returned by Customer to Comdata in the same condition in which it was received by Customer, ordinary wear and tear excepted. 10. Limitation of Liability. Comdata shall not be liable to Customer for any loss or damages sustained by Customer as a result of delay in servicing a transaction request, delay resulting from equipment failure or transmission failure, act of God or any other cause not within the reasonable control of Comdata. IN NO EVENT SHALL COMDATA BE RESPONSIBLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER COMDATA WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMDATA MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. v'" Initial & Return 11: Confidentiality. Comdata and Customer agree and covenant to each other that they shall not, during the performance of this Agreement or at any time after the termination or expiration hereof, use or disclose to any third party other than during the proper performance of their duties hereunder, the terms, rates and conditions of this Agreement, or any of the procedures, practices or confidential dealings of the other party hereto. The provisions of this Section shall not apply to disclosures required by law. Customer acknowledges and agrees that all transaction information, including, without limitation, Comchek card numbers, Customer's rates and fees and data gathered at the point-of-sale by Comdata, whether electronically or by voice, is property of Comdata. Customer shall be entitled to use this information only for its internal business purposes and shall not divulge the same to any other person, firm or corporation without the written consent of Comdata. 12. Liability of Acts of Customers, Employees and Agents. Customer agrees to hold Comdata harmless from any and all liability resulting from the acts of any employees or agents of Customer, which acts shall include but are not limited to negligent acts and willful misconduct of such persons. 13. Right of Setoff. Comdata shall have the right to setoff and apply any amounts owing by Comdata to Customer against any amounts owing from Customer to Comdata pursuant to this Agreement. 14. Quality Assurance. For quality assurance purposes, Comdata may record calls with Comdata's customer service representatives. 15. Notices. All written notices required to be given by this Agreement shall be deemed to be duly given if delivered personally or sent by U.S. mail, facsimile or overnight courier to Comdata, 5301 Maryland Way, Brentwood, TN 37027, or to Customer at the address listed on the front of this Agreement. 16. Miscellaneous. This Agreement shall be governed by the laws of the State of Tennessee without regard to the choice of law rules of such state. Any action to enforce or interpret this Agreement shall be brought in the appropriate judicial forum located in Nashville, Davidson County, Tennessee, and Customer does hereby consent to such jurisdiction and waives any objections thereto. No waiver by either party of any breach of any provision of this Agreement to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or any other provision of this Agreement. This Agreement, together with Schedule A constitutes the entire agreement of the parties relating to this subject matter and except as expressly set forth herein may only be modified by a writing signed by both parties. This Agreement may not be assigned, in whole or in part, by Customer without the prior written consent of Comdata. Customer shall return the originally executed copy of this Agreement to Comdata as soon as possible. Notwithstanding the foregoing, Customer acknowledges and agrees that electronic records and signatures and facsimile copies of signatures shall have the full legal effect of a writing. ACCEPTED AND AGREED: CUSTOMER: By: X b8A:L-AJ I( ?cr?(1.13 Signature X P I ,?r,eK j Print or Type Name Title: X CW I -CA-",9A APPROVED BY COM DATA: By: C v Signature Print or Type Name Title: Date: X? --?4j Date: \ • (" COMDATA Comdata Transportation Services _ Standard Customer Agreement - SCHEDULE A Customer. Saar Trucking Company, LLC Account# ?( A Oseilraq Obr?"M This Schedule A sets forth certain terms and conditions to the Comdata Transpatation Services Standard CusbmerAgwment by and between Comdata Network, Inc., dlb/a Comdata Corporation and the Customer named above. Customer shall pay to Comdata a fee per transaction to be charged daily, as follows: All payments shall be for all transactions through the TRANSACTION TYPE previous day. FEE PER TRANSACTION Frequency of Payment Comdata Card Funded Fuel Level A AWth With Cash $ 1.25 Cash Card / Express Comchek: Comdata Card Funded Fuel Level B With Cash $ 1.75 ? Daily Comdata Card Funded Fuel Level C Cash $ 2.75 Gd Weekly ? M ? T ? W ? TH GI/F Comdata Card Funded Cash Only Other ck Comdata Card Non-Funded Fuel (Data caphrs) $ Comdata Card Terminal Fuel Data Capture $ - Method of Payment ? Comdata Credit Card ? Weekly ? Semi-Monthly ? Monthly ACH ? Comdata Initiated ? Customer Initiated Comdata Express Cash ? Wire ? Prepaid Wire Transfer (Comcash) Load Fee $ 1.50 ? Other Comchek Draft Fee $ 1.00 Manual Direct Dep. $ 0.75 Preppy - Comcach Automatic Direct Deposit Fee $ 0.75 ? Bank Wine ? Cashier Check Comdata ATM Access ? Cash on Card ? Express Cash G3 Both ? Western Union/Quick Collect ATM Access Fee US $ 1.50 ntemational $ 4.00 ATM Balance Inquiry$ 1.00 Decline Fee $ 1.00 SECURITY POS Debit $ 1.00 Decline Fee $ 1.00 Customer shall provide Comdata with the Security checked below to secure the performance of its obligations. Express Comchek (Per $1,000 Increments) F-$-3-.50--1 TYPE: MINIMUM MONTHLY TRANSACTIONS AMOUNT: Comdata Card Fuel and Cash Transactions: ? Letter of Credit $ per month ? Bond $ Comdata Express Cash Loads: per month ? Deposit $ Express Comchek Transactions: per month ? Corporate Guaranty $ - Comdata Answer Plus (provided by Comdata Telecommunications Services, Inc.): 10 Personal Guaranty $ 5,000 13 Other $ Long Distance Serv per minut?-- . Information Services (le. , News, Weather) $ 0.50 per call A per cap fee of $ 0.56 apples to all calls originating from payphones. er41 IUCADUATMU Customer Service Fee $ 1.50 per task / activity Bank Name City/Sta{elZip Comchek Services Payphone Fee: Each time a cal is made from a payphone to the Comchek Services number (1-800-741-6060) a $0.55 fee will be deducted from the Card balan Routing Number ce. Account Number Monthly Fee for Faxed or Mailed Invoices $ 10.00 No charge for Internet Invoices Monthly Fee for Faxed or Mailed Re orts Bank Accl. Name ACH Days to Draft p $ 15.00 No charge for Internet Reports (Transaction Management Reports) ? M ? T ? W ? TH ? F ? $ ? SU Equipment Fees: ?Stripe Reader (per unit) Ej # of units ?Stripe Reader with Printer ( er it p un ) # of units ?Comchek Discount Fuel Network Monthly Fee* (choose one): TOTAL CUSTOMER CREDIT LIMIT IS: *Monthly Minimum Fee of $25 which is only deducted from Savings to the extent available Amours $ 5,000 . One time set-up fee of $50.00, which is payable as follows (choose one): ($0 if Comcash Account) [a Bill to Account ? Deduct from Opening Balance ? Enclosed [:I Waive Signature of Authorized Customer Representative: X P Date: ?- ? -- rinted Name and Title: Accepted by Comdata: ` 111111111, Date: Lk _ Printed Name and Title: _ 624.06 Version 20062 Page...: 1 Your Company Name is: SOAR TRUCKING COMPAN as of..: 03/06/2007 Your Account Code is: SR023 Actv Date Ref Nm XRef Nm Bill Date Inv Amount Payment/Comment 08/16/2006 LATE PAYMENT 00001997 28 22 08/31/2006 BALANCE DUE M62438658 . 608 47 09/01/2006 M62448150 76373 . 239 44 09/02/2006 M62455534 76373 . 09/04/2006 M62475867 76373 493.02 09/07/2006 LATE PAYMENT OOTWK250 524.96 8 38 09/08/2006 M62518358 76373 . 500 56 10/05/2006 M62788640 76373 . 299 96 10/06/2006 M62798208 76373 . 10/09/2006 M62828359 76373 498.53 10/11/2006 M62848597 76373 519.19 10/13/2006 LATE PAYMENT OOTWP285 349.69 11 16 10/13/2006 UNDER PAYMENT SHT 10/13 BW . 15 38 11/03/2006 M63078366 76373 . 563.32 Total Items: 14 Total Amount...: $4,660.28 DEC-10-2007 16:40 KNUPP KODAK IMBLOM 727 238 7158 P.09/09 VERIFICAT10N I, Andy Eager Director of Special Assets , (name) (title) of COMDATA NETWORK, INC., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. CO DATA NETWORK, INC. By: Title: Dated: 12-1121 6?- V 33761 Star Trucking TOTAL P.09 J V 6' L d ? f S;] r-a R a C } 110 9 DO SHERIFF'S RETURN - REGULAR CASE NO: 2007-07549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMDATA NETWORK INC VS STAR TRUCKING CO LLC ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STAR TRUCKING CO LLC the DEFENDANT , at 0930:00 HOURS, on the 26th day of December , 2007 at 7044 CARLISLE PIKE CARLISLE, PA 17013 by handing to TOM CARBONARO, OWNER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 1a,7 fi t C?j.. So Answers: 00 18 . 6.72 .58 10.00 R. Thomas Kline 00 35.30 12/28/2007 KODAK & IMBLUM Sworn and Subscibed to before me this of By: day Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR I OF* CASE NO: 2007-07549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMDATA NETWORK INC VS STAR TRUCKING CO LLC ET AL TIMOTHY BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARBONARO THOMAS R the DEFENDANT , at 0930:00 HOURS, on the 26th day of December-, 2007 at 7044 CARLISLE PIKE CARLISLE, PA 17013 mT+?nRr r'1 /YT TITI /?TTT 1"1/1 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 )/P41DY qj 16.00 So Answers: R. Thomas Kline 12/28/2007 KODAK & IMBLUM Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D.