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HomeMy WebLinkAbout09-1100IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. (A - I lop a,VI l _terk vs. ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants COMPLAINT NOTICE 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 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 17013-3387 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 0 9 - /I &0 e vim? ?cvs. ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN. Defendants COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTILITIES CORP. to recover damages from Defendant arising out of damage to property owned by PPL ELECTRIC UTILITIES CORP. 2. PPL ELECTRIC UTILITIES CORP. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Street, Allentown, Pennsylvania 18101. 3. Defendant, SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS, is a California corporation with a principle place of business at 2218 Machlin Court, #B, Walnut, California, 91789. 4. Defendant, NAI CHANG SHEN, is an adult individual currently residing at 2024 Brighton Street, Apt P, San Gabriel, California, 91776. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNTI PPL ELECTRIC UTILITIES CORP. VS. SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS AND NAI CHANG SHEN THIRD PARTY BENEFICIARY TO A FRAUDULENT TRANSFER (12 Pa. C.S.A. see 5104) 6. The allegations contained in Paragraphs 1 through 5 above are incorporated by reference as if fully set forth.. 7. Upon information and belief the transfer was in fraud of creditors. 8. Assets were transferred to hinder and delay Plaintiff a judgment creditor of AMERICAN BUSINESS LOGISTICS, LLC. 9. Defendants, SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, benefited from the fraudulent scheme. 10. Upon information and belief, Defendants, SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, transferred assets from AMERICAN BUSINESS LOGISTICS, LLC to Defendant, SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS. 11. Upon information and belief, most of the same people who are employed by Defendant, SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS, were employed by AMERICAN BUSINESS LOGISTICS, LLC. 12. Judgment by default was entered against Defendant, NAI CHANG SHEN, on December 29, 2008 in the amount of $9,136.54 which is still due and owing. 13. Upon information and belief, assets were transferred for less than fair market value. 14. Upon information and belief, assets were transferred while Defendant, THE AMERICAN BUSINESS LOGISTICS, LLC was insolvent. 15. Defendants, SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, did not submit Plaintiff's underlying claim to its insurance carrier in an effort to increase the assets transferred to Defendant, SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS, by the amount of the insurance deductible. 16. Plaintiff has been damaged in the amount of $9,227.04. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants in an amount of $9,227.04, together with costs, pre judgment and post judgment interest as the law may allow. DATED: February 20, 2009 Respectfully submitted, KRZYWICKI & By: AmMony P. Kr cki, P.O. Box 50 New Hope, PA. 18938 (215) 862-4390 Attorney for Plaintif Attorney I.D. 237 9. 5 t A.f Fl- IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. 09-1100 Civil Term VS. SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants. ARBITRATION PRAECIPE FOR JUDGMENT AGAINST DEFENDANT FOR FAILURE TO PLEAD To the Prothonotary: COUNTI PPL Electric Utilities Corp. vs. South Bay Logistic, LLC d/b/a South Bay Logistics and Nai Chang Shen Kindly enter Default Judgment in favor of Plaintiff, PPL Electric Utilities Corp., and against Defendants, South Bay Logistic, LLC d/b/a South Bay Logistics and Nai Chang Shen, for failure to plead to Plaintiff's Complaint as follows: Amount Due: $ 6,746.04 Attorney Fees: $ 2,300.00 TOTAL: $ 9,046.04 together with interest thereon from the date of judgment forward and all costs of this action. I hereby certify, to the best of my knowledge and belief, as follows: 1. The true and correct address of the Plaintiff, PPL Electric Utilities Corp., is Two North Ninth Street, Allentown, Pennsylvania, 18101. 2. The true and correct address of the Defendant, South Bay Logistic, LLC d/b/a South Bay Logistics, is 2218 Machlin Court, #B, Walnut, California, 91789. 3. The true and correct address of the Defendant, Nai Chang Shen is 2024 Brighton Street, Apt P, San Gabriel, California, 91776. SO,CIATES Dated: April 7, 2009 By: 49 NoKSugan Road P.O. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney I.D. No. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, VS. SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Civil Action - In Law No. 09-1100 Civil Term ARBITRATION Defendants. The undersigned hereby certifies that written notice of intention to file a Praecipe for Entry of Judgment by Default against the Defendants, SOUTH LOGISTIC, LLC D/B/A SOUTH BAY LOGISTICS AND NAI CHANG SHEN, in the above matter were mailed to the Defendants after the default occurred and at least ten (10) days prior to the filing of the Praecipe for Entry of Judgment pursuant to PA. R.C.P. 237.1. True and correct copies of those notices are attached hereto and made a part of this Certification. KRZYWICKI & Dated: April 7, 2009 By: ,?ony P. ywick' 49 Nortugan Ro P.O. ox 505 New Hope, P 38 (215) 862-4 0 Attorney I.D. No. 23754 S IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 09-1100 Civil Term VS. ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants. NOTICE TO: South Bay Logistics, LLC d/b/a South Bay Logistics 2218 Machlin Court, #B Walnut, CA 91789 You are in default because you have failed to enter a written appearance personally or by an 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 this notice, a judgment maybe 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 (717) 249-3166 (800) 990-9108 KRZYWICKI & ASS6' TES DATE: March 23, 2009 BY: Kthony PP .O. Be ?5 DicGv Ham, PA 1` 8?3 (215) 862-4390 Attorney I.D. 23754 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 09-1100 Civil Term VS. ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants NOTICE TO: Nai Chang Shen 2024 Brighton Street, Apt P San Gabriel, CA 91776 You are in default because you have failed to enter a written appearance personally or by an 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 this notice, a judgment maybe 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 (717) 249-3166 (800) 990-9108 KRZYWICKI & DATE: March 23, 2009 BY: P New Ho A 18938 L (215) 862-4390 Attorney I.D. 23754 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 09-1100 Civil Term VS. ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA ) SS.: COUNTY OF BUCKS ) I, ANTHONY P. KRZYWICKI, being duly sworn, according to law, deposes and states that I am a representatives of PPL ELECTRIC UTILITIES CORP., the Plaintiff herein, and as such, state the following: 1. The Defendants, South Bay Logistic, LLC d/b/a South Bay Logistics and Nai Chang Shen, are not, to my knowledge, in the military or naval service of the United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. 2. The Defendant, South Bay Logistic, LLC d/b/a South Bay Logistics, currently resides at 2218 Machlin Court, #B, Walnut, California, 91789. 3. The Defendant, Nai Chang Shen, currently resides at 2024 Brighton Street, Apt P, San Gabriel, California, 91776. 4. I have ascertained the above infon Affidavit with due authority. Sworn to and subscribed before me this ?+h day of ROC11 12009. N ARY PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY MY COMMISUlon Expires Mar 14, 2012 is C { PAA Lb L6 N'. ?-- > IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, vs. Civil Action - In Law No. 09-1100 Civil Term ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, r' Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ss.. ` c COUNTY OF BUCKS ) I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, Nai Chang Shen, at his last known address, which is 2024 Brighton Street, Apt P, San Gabriel, California, 91776, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on March 2, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKI & ASSQIATES By: P. p. O. Bak 505 New ope, PA 18938 Attorney ID No. 23754 (215) 862-4390 Sworn to before me this Q i h day of O f-Ch , 2009. NOTA PUBLIC NOUARM SEAL AW M GLASGOW Notary Public SOIEW" iWR BUCKS COUNTY MV Commaion Explnts Mat 14, 2012 N CID a SAGA i L r ? Lr 2 \? Postage $ ? £ _ Q ) jvV Certified Fee V B I O C3 Return Receipt Fee (Endorsement Required) tmark Z • 2Q ere C3 Restricted Delivery Fee (Endorsement Required) d Q C3 Total Postage a Fees $ 5• p' /26/20I019 M o seer TO N'Ir Il?n?- CY?rrnc j?) C3 t` osireei, : r?iv...._._.------- ---- 1 -L _ . ---- .-.,--------------------------- rl(.' f S1t_j `jam( t' fi J j ?? ^ i City, scare. ziYd« l ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: A. Siignnatur__!e X l?Q? 0 Agent 0 Addressee S. Received by ( Printed Name) C. of Delivery r,0MVEI 137109 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 certified mail 0 &4press Mali 0 Registered 0 Return Receipt for Merchandise 0 Insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 3 0.2 0 0001'5 851 8171 (Transfer from -,V- /she!). PS Form 3811, February 2004 Domestic Return Receipt 102585.02 Z(3Z? ;)J IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., vs. Plaintiff, SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants. Civil Action - In Law No. 09-1100 Civil Term ARBITRATION STATE OF PENNSYLVANIA ) COUNTY OF BUCKS AFFIDAVIT OF SERVICE ss.: NO l I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, South Bay Logistic, LLC d/b/a South Bay Logistics, at their last known address, which is 2218 Machlin Court, #B, Walnut, California, 91789, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on March 2, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKI & ASSQCIATES By: P. P. O.4" 505 New Hope, PA 18938 Attorney ID No. 23754 (215) 862-4390 Sworn to before me this qtf-\ day of Mo rC L, 2009. NIRTARY PUBLIC F ARIAL SEAL M GLASGOW ory PUb11C WR MCKS COUNTY DWI*$ M01 14. 2012 L b LO I .0 r-'1 For delivery inforrnalm,, ;"ot u, web ,i te ,t C O rZ - Lr1 C ` Postage $ 4 Ln Certified Fee ..?II FE R , cr 4 f R Z P6 nark 1 Q C3 eturn Receipt Fee (Endorsement Required) OD r C3 Restricted Delivery Fee (Endorsement Required) C' / C3 s 14 it 2! Total Postage & Fee ;; m r_ Sent 1q- Cl .`.r161 Fx;1t,l.t(? Sl?C.. ----:_c1??7Mc i - - ..... orPOBoxNo. Crry, Stare, ZIP+4 , i R.-. 0 1!1 ------ -------- ? ? {?? ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?c? ? ?-i ?? ??I(Jy??_x? • ?;-fi., c: ; L?..C, ;? ? alai .I't' 6 A. X 13 ltely B e vh Printed Name) C. 7a /0"e" D. Is delivery address different from item 1 ? Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merohandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 3020 0001 5851 8164 (!'mndii r from service labs!) Ps Form 3811, February 2004 Domestic Return Receipt to2sss o2 T? . J , • , • IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 09-1100 Civil Term vs. ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants. AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA) COUNTY OF BUCKS ) ss.: I, ANTHONY P. KRZYWICKI, Attorney for Plaintiff, served a true and correct copy of the Notice of Intention to Take Default pursuant to PA. R.C.P. 237. endant(s), by First Class Mail, under the exclusive care and custody of the United ates Po 1 Service on March 23, 2009. /I & ASSOCIATES P.O. Box 505 New Hope, PA 18938 (215) 862-4390 PA. Attorney ID #23754 Sworn to and subscribed before me this ?* day of 52009. NO ARY P LIC NOTARIAL SEAL AMY M GLA$rw0W Notary Pubue SOIEBURY TNR, SUM COUW My Commission Expires Mar 14, 1'012 RIP, OF TH: 2 ItPR 20 Pjh ! : L 9 pi f 14.00 PO A" tTY ?'* f 3(08'] ?' ?a39?7 Nah?e Watud JAJZ Wt7r.12A.'o7 Y?r1A biidkAl ,r;Ot01? !OS