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Home My WebLink About08-1840 L3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA n OLD DOMINION FREIGHT LINE, NO. 08 - 8?? C? t Vi I -FGrm Plaintiff, IN CIVIL ACTION -vs- VILLAGE CRAFT FURNITURE, Defendant, COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: 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 OLD DOMINION FREIGHT LINE, NO. IN CIVIL ACTION Plaintiff(s), -vs- VILLAGE CRAFT FURNITURE, 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 1800-990-9108 2 COMPLAINT 1. Plaintiff is a corporation with registered offices or a principal place of business at 500 Old Dominion Way, Thomasville, NC 27360. 2. Defendant is a corporation with registered offices or a principal place of business at 1446 Holly Pike, Carlisle, Cumberland County, PA 15071. 3. On or about November 28, 2006 and at various times thereafter, at Defendant's specific instance and request, Plaintiff sold and delivered transportation services to Defendant. 4. Plaintiff avers that the requested transportation services were rendered pursuant, and subject to duly promulgated and published tariffs. 5. Plaintiff avers that the aforesaid transportation services were received and accepted by the Defendant. 6. Plaintiff avers that the prices charged were the fair, reasonable and prevailing market prices for the services rendered, and those that were set forth in Plaintiff's duly promulgated and published tariffs. 7. Plaintiff avers that the prices charged were those that the Defendant had agreed to pay. 8. Plaintiff avers that the invoiced amount due for the transportation services rendered amounted to $7,249.93, as is more specifically shown by Plaintiffs Statement of Account, a true and correct copy of which has been attached hereto, marked Exhibit "A" and made a part hereof. _, 9. Plaintiff avers that pursuant to Plaintiff's duly promulgated and published tariffs, payment upon Plaintiff's invoice was due within 15 days of the date rendered. 10. Plaintiff avers that the Defendant failed and refused to pay the balance due for the aforementioned transportation services by the due date. 11. Pursuant to Pennsylvania law interest has accumulated on the balance from the due date on each invoice at the rate of six per cent per annum. 12. After repeated demands by Plaintiff, Defendant has failed and refused to pay the balance of freight charges due or any part thereof to Plaintiff. WHEREFORE, Plaintiff claims damages from the Defendant in the sum of $7,249.93, together with appropriate additional interest and costs. APPLE AND APPLE, P.C. ttorneys 4h Plaintiff(s) 650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone: 412-682-1466 t IF M O CL O M St7 10 O h R M? 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ILf H a g .m7 rt .. .. .. w w w ww r J O+ P- NIP ?p W'n 1 W 010 IP TNJJODkDJWWWIPWWM 1 r O< ?D OD NOD NO?O OO?O?IP tD J?D 171 w% ?D ONrO?r ?p ?OJNJ?D w L. O 1 rM0 W O+r OD OD SOW O+IP VIr WO?DO 1 bW 1 r 1 r EXHIBIT I? ,r _N ? Ul - `3? T7 D O SHERIFF'S RETURN - REGULAR CASE NO: 2008-01840 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLD DOMINION FREIGHT LINE VS VILLAGE CRAFT FURNITURE MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VILLAGE CRAFT FURNITURE the DEFENDANT , at 1215:00 HOURS, on the 31st day of March , 2008 at 1446 HOLLY PIKE CARLISLE, PA 17015 by handing to JERRY TROLINGER, OWNER 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 Affidavit Surcharge y f v-'?Ja q, So Answers: 18.00 4.80 .00 10.00 R. Thomas Kline .00 32.80 04/01/2008 APPLE & APPLE Sworn and Subscibed to before me this of By : day Deputy Sheriff A. D. Robert E. Chernicoff, Esquire PA Supreme Court ID # 23380 CUNNINGHAM & CHERNI:COFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OLD DOMINION FREIGHT LANE, Plaintiff, vs. VILLAGECRAFT FACTORY, Defendant CIVIL ACTION - LAW No. 2008-1840 NOTICE OF STAY NOTICE IS HEREBY GIVEN that Jerry Trolinger, a party to the above referenced case, has filed a Petition under Chapter 7 of the United States Bankruptcy Code to Case No. 1-08- 01425 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: May 1, 2008 B Robert E. Chernic , I.D. #23380 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 I Robert E. Chernicoff, Esquire PA Supreme Court ID # 23380 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OLD DOMINION FREIGHT LANE, CIVIL ACTION - LAW Plaintiff, No. 2008-1840 vs. VILLAGECRAFT FACTORY, Defendant CERTIFICATE OF SERVICE I, Lisa Fuge, do hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail, postage prepaid on this day to the following: Charles F. Bennett, Esquire 4650 Baum Blvd Pittsburgh, PA 15213-1237 Respectfully submitted, Date: May 1, 2008 F:\ lome\LFUGE\TROLLINGER-JERRY\NOTICEBK-Old.wpd CUNNINGHAM & CHERNICOFF, P.C. By ?6v?T - Visa ge, Paralegal 2 Robert E. Chernicoff, Esquire PA Supreme Court ID # 23380 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OLD DOMINION FREIGHT LINE, Plaintiff, VS. VILLAGE CRAFT FURNITURE, Defendant CIVIL ACTION - LAW No. 2008-1840 PRAECIPE TO WITHDRAW NOTICE OF STAY AS HAVING BEEN INADVERTENTLY FILED Please kindly withdraw the Notice of Stay dated May 1, 2008 and filed May 2, 2008 in the above-referenced action as having been inadvertently filed. The Defendant, Village Craft Furniture has not filed a Petition under Chapter 7 of the United States Bankruptcy Code, rather, its President, Jerry Trolinger, filed, personally, a Petition under Chapter 7 of the United States Bankruptcy Code docketed to 1-08-01425. The undersigned executes this Praecipe for the purpose of giving notice only of the withdrawal of Notice of Stay and is not intended to enter an appearance in the within case. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: May 13, 2008 Harrisburg, PA 17106-0457 (717) 238-6570 P.O. Box 60457 i Robert E. Chernicoff, Esquire PA Supreme Court ID # 23380 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OLD DOMINION FREIGHT LANE, Plaintiff, CIVIL ACTION - LAW No. 2008-1840 vs. VILLAGE CRAFT FURNITURE, Defendant CERTIFICATE OF SERVICE I, Lisa Fuge, do hereby certify that a true and correct copy of the PRAECIPE was sent by first class mail, postage prepaid on this day to the following: Charles F. Bennett, Esquire 4650 Baum Blvd Pittsburgh, PA 15213-1237 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: May 13, 2008 By. Lisa Fuge, Paraleg na "mac;` S w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA OLD DOMINION FREIGHT LINE, NO. 2008-1840 IN CIVIL ACTION Plaintiff(s), -vs- VILLAGE CRAFT FURNITURE, Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: 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 w r v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA OLD DOMINION FREIGHT LINE, Plaintiff(s), -vs- VILLAGE CRAFT FURNITURE, Defendant(s). NO. 2008-1840 IN CIVIL ACTION PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the above- named Defendant(s) in Default of an Answer, in the amount of $7,821.08, computed as follows: Amount named in Complaint $7,249.93 Interest to June 5, 2008 $571.15 Less payment of -$ Attorney fees $ TOTAL $7,821.08 I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P. 237.1. A copy of said Notice is attached, and was mailed on April 23, 2008, by regular mail, postage prepaid and, addressed as follows: Defendant: Village Craft Furniture 1446 Holly Pike Carlisle PA 17015 Dated: r4 40"414 06A B Y: AP APPLE, P.C. orneys for the Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA OLD DOMINION FREIGHT LINE, NO. 2008-1840 IN CIVIL ACTION Plaintiff(s), -vs- VILLAGE CRAFT FURNITURE, Defendant(s). Village Craft Furniture 1446 Holly Pike Carlisle, PA 17015 Date of Notice: April 23, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCEPERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 By: Charles F. Bennett, Esq. Attorneys for Plaintiff(s) 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 ? O ?- ? ? O ? ? ? ? "? ' ? , - 0 ti . Cr ? C rt rn .?G- ? ?t~ r :?' •- :,j w r? -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA OLD DOMINION FREIGHT LINE, Plaintiff(s), _Vs_ VILLAGE CRAFT FURNITURE, Defendant(s). NO. 2008-1840 IN CIVIL ACTION NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (X) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on i" og (X) Assumpsit Judgment in the amount of $7,821.08, plus costs. ( ) Trespass Judgment in the amount of ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or ( ) Registration will be suspended by the Dept. of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (X) Entry of Judgment Village Craft Furniture 1446 Holly Pike Carlisle, PA 17015 ( ) Court Order ( ) Non-Pros ( ) Confession (X) Default ( ) Verdict ( ) Arbitration Award ( ) Other PROTHONOTARY By: dk -15, k4?_ Protho (or eputy) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA OLD DOMINION FREIGHT LINE, NO. 2008-1840 IN CIVIL ACTION Plaintiff(s), -vs- VILLAGE CRAFT FURNITURE, Defendant(s). PRAECIPE FOR WRIT OF EXECUTION CODE- FILED OF BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: 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 Telephone: 412-682-1466 Fax: 412-682-3138 • _% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA OLD DOMINION FREIGHT LINE, Plaintiff(s), _Vs_ VILLAGE CRAFT FURNITURE, Defendant(s). NO. 2008-1840 IN CIVIL ACTION PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue the Writ of Execution in the above-captioned matter... (1) directed to the Sheriff of Cumberland County; 16e 40' (2) against Defendant(s) Village Craft Furniture , 1W41o Holly f'l'ee Ca.rl?sle, PA 1?01, (3) against Garnishee(s) (4) Judgment: $7,821.08 Interest from June 6, 2008 to August 26, 2008 On $7,821.08 Amount of Interest $104.13 Payments $ SUBTOTAL $7,925.21 Costs (to be added by Prothonotary) APPLE AND APPLE, Dated: By L. 0 `? ? v p 0 T? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1840 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OLD DOMINION FREIGHT LINE, Plaintiff (s) From VILLAGE CRAFT FURNITURE, 1446 Holly Pike, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,821.08 L.L. $.50 Interest from 6/06/08 to 8/26/08 - $104.13 Atty's Comm % Atty Paid $151.80 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 9/02/08 (Seal) REQUESTING PARTY: Name JOEL E. HAUSMAN, ESQUIRE Address: APPLE AND APPLE, PC 4650 BAUM BOULEVARD PITTSBURGH, PA 15213 Attorney for: PLAINTIFF Telephone: 412-682-1466 Supreme Court ID No. 42096