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HomeMy WebLinkAbout09-7646ARMSTRONG & CAROSELLA, P.C. BY: Christopher J. Bailey, Esquire - I.D. # 49474 Marc D. Collazzo, Esquire - I.D. #69872 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) Attorney for Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCluskey Jacob H. Laudenslager, Jr. and Marnie D. McCluskey Plaintiffs V. FedEx Corporation Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.09- 7104 ?IV11 _Fum 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: LAWYER REFERENCE AND INFORMATION SERVICE, CUMBERLAND COUNTY BAR ASSOCIATION, 32 South Bedford Street, Carlisle, PA 17013 800-990-9109; 717-249-3166. AIt]'` J`?ON/S ?-.-AROSELLA, P.C. By: Christo Baile , Esquire Attome s, Jacob H. Laudenslager, Jr. and Mamie D. McClus ev ARMSTRONG & CAROSELLA, P.C. BY: Christopher J. Bailey, Esquire - I.D. # 49474 Marc D. Collazzo, Esquire - I.D. #69872 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) Jacob H. Laudenslager, Jr. and Marnie D. McCluskey Plaintiffs V. FedEx Corporation Defendant Attorney for Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCluskey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW COMPLAINT 1. Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCluskey, husband and wife, are adult individuals residing at 1102 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, FedEx Corporation, c/o CT Corporation, Corporation Trust Center, 1209 South Orange Street, Wilmington, DE 19801, is a Delaware Corporation with its principal place of business located at a location that is unknown at this time. At all times relevant to this Complaint, Defendant has conducted, and regularly conducts, business in Pennsylvania, and has contacts with the Commonwealth of Pennsylvania sufficient to establish jurisdiction over it in the Courts of Pennsylvania pursuant to 42 Pa.C.S.A. § 5322. 3. The transactions and occurrences out of which this cause of action arose took place in Cumberland County, Pennsylvania. 4. On or about December 6, 2008, Defendant's agent picked up from Plaintiffs' home a television receiver box, and related equipment, for delivery to Direct TV, the supplier of the television receiver box, and related equipment. 5. On or about January, 2009, Plaintiffs received their monthly invoice from their `triple play" subscription with Verizon, which contained a charge of $700.00 from Direct TV for an unreturned television receiver box, and related equipment. At this time Plaintiffs contacted the Direct TV and were advised by a representative that Direct TV had not received the television receiver box, and related equipment. 6. During January, February, and March of 2009, Plaintiffs communicated with Defendant concerning the location of the television receiver box, and related equipment. 7. On or about April 3, 2009, Plaintiffs, at the direction of an employee of Federal Express, prepared and submitted a claim, on Defendant's Claim Form, to Defendant for the loss of the television receiver box, and related equipment. A true and correct copy of said Claim Form is attached hereto, made apart hereof and marked as Exhibit "A". 8. Despite repeated contact from Plaintiffs to Defendant, and demands from the Plaintiffs to the Defendant to locate the television receiver box, and related equipment, Defendant has not located the television receiver box, and related equipment, and has refused to additionally communicate with Plaintiffs in any fashion in regard to Plaintiffs' claim. COUNTI 9. Paragraphs 1 through 8 above are incorporated herein as though fully set forth herein at length. 10. Plaintiffs have fulfilled all of the provisions of the Agreement for transmittal between the parties and paid the charged fee to deliver a television receiver box, and related equipment, for delivery to Direct TV. 11. Defendant herein has not fulfilled the provisions of the terms and conditions of Agreement to deliver the television receiver box, and related equipment, to Direct TV. 12. Defendant has wholly neglected to do and perform certain things which were expressly or by necessary implication required to be done and performed pursuant to the Agreement by and between Plaintiffs and Defendant, which are as follows: a). Failing to deliver the television receiver box and related equipment to Direct TV; b). Losing the television receiver box and related equipment provided by Plaintiffs; c). Failing to properly monitor the whereabouts of the Plaintiffs television receiver box and related equipment that were to be delivered to Direct TV; d). Failing to properly handle the Plaintiffs' television receiver box and related equipment that were to be delivered to Direct TV; e). Failing to properly track and route the Plaintiffs' television receiver box and related equipment to which it obtained possession to ensure its safe arrival with Direct TV as properly addressed by Plaintiffs; f). Failing to respond to Plaintiff's properly filed Claim Form; g). Failing to make any attempts to find and locate the Plaintiffs' television receiver box and related equipment to which it obtained possession and contracted to promptly and safely deliver to Direct TV; and h). Converting the Plaintiff's television box and related equipment to which said Defendants obtained possession and contracted to promptly and safely deliver to Direct TV. 13. Defendant has failed to perform, or performed in a poor, improper and unworkmanlike manner in connection with certain things which were expressly or by necessary implication required to be done and performed pursuant to the bailment and delivery agreement by and between the Plaintiffs and Defendant herein. 14. Defendant failed to perform the contracted work in accordance with all applicable laws, statutes, rules, regulations, codes and express and implied contract terms by losing and failing to deliver Plaintiffs television receiver box and related equipment to Direct TV. 15. Defendant has failed and refused, and still refuses, to cure the aforesaid breaches, despite Plaintiffs' repeated demands and filing of a Claim Form with Defendant, FedEx Corporation. 16. As a result of the loss of the television receiver box, and related equipment, by Defendant, Plaintiffs were charged by Direct TV in the amount of $700.00 for the cost of the television receiver box, and related equipment. WHEREFORE, Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCluskey, seek damages in an amount in excess of $50,000.00, the arbitration limits of the Court of Common Pleas of Cumberland County, Pennsylvania, against Defendant, FedEx Corporation, plus attorneys' fees, interest and costs. COUNT II 17. Paragraphs 1 through 16 above are incorporated herein as though fully set forth herein at length. 18. As the result of Plaintiffs dispute with Defendant concerning Defendant's lack of delivery of the television receiver box, and related equipment, Plaintiffs have not paid the amount demanded by Direct TV. 19. Defendant herein, by and through its various agents, servants, employees and representatives, contracted to take possession of Plaintiffs' television receiver box and related equipment and promptly and safely deliver them to Direct TV. 20. Defendant herein, by and their its various agents, servants, employees and representatives, knew or should have known, that failing to deliver the television receiver box to Direct TV would cause financial harm and damage to Plaintiffs. 21. Defendant failed to conform its work performance to the required standard of care and conduct for the protection of the Plaintiff when it lost and failed to deliver Plaintiffs television receiver box and related equipment to Direct TV. 22. Defendant's negligent conduct in losing and failing to deliver Plaintiff's television receiver box and related equipment to Direct TV caused Direct TV to administer a financial penalty against Plaintiffs' in the amount of $700.00, despite the fact that it was Defendant herein who failed to deliver the items as contracted by and between the parties. 23. As the penalty was caused by the actions of the Defendant, Plaintiffs refused to pay and requested Defendant satisfy this debt. 24. As a result of the Defendants negligent handling, supervision and conversion of Plaintiffs television receiver box and related equipment, and failure to remediate the penalty after its imposition, Plaintiffs have suffered permanent and irreparable financial damages in the form of adverse credit reports and limitations to their credit limit imposed by American Express, to which Plaintiffs have been prohibited from obtaining approval of certain loan and credit applications. In particular, American Express reduced Plaintiffs' credit limit from $30,000.00 to $16,000.00, as well as imposed increased annual percentage rates and late fees. The Defendants actions in failing to properly deliver the items to which it was entrusted, as well as Defendant's failure to mitigate Plaintiffs damages by resolving the situation with Direct TV after same, caused a reduction of the parties' credit score of approximately one hundred (100) points. WHEREFORE, Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCluskey, seek damages in an amount in excess of $50,000.00, the arbitration limits of the Court of Common Pleas of Cumberland County, Pennsylvania, against Defendant, FedEx Corporation, plus attorneys' fees, interest and costs. Date: t k 0 U By: i P.C. J. Bailey, squire Plainti , Jacob H. Laudenslager, Jr. and VERIFICATION I, Jacob H. Laudenslager, Jr. hereby state that I am a Plaintiff in this action and that the foregoing Complaint is based upon factual information that I have furnished to my counsel. The factual information contained in the aforementioned Complaint is the language of myself. I have read the Complaint and to the extent that the Complaint is based upon legal issues, I have relied on my attorney. I have read the Complaint and to the extent that the Complaint is based upon information that I have given to my attorney, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: /o 0? VERIFICATION I, Mamie D. McCluskey, hereby state that I am a Plaintiff in this action and that the foregoing Complaint is based upon factual information that I have furnished to my counsel. The factual information contained in the aforementioned Complaint is the language of myself. I have read the Complaint and to the extent that the Complaint is based upon legal issues, I have relied on my attorney. I have read the Complaint and to the extent that the Complaint is based upon information that I have given to my attorney, it is true and correct to the best of my knowledge, information and belief To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: !O o2.C/ D9 FILED -C'i-ICE OF THE P J ': ??:}TA??Y ZPUO9 NQ`s -5 Pill 1: 59 *19.50 Pp ATr( * 2059 a3?53 -P-,?r _ /'70sv +9 _' .......... r.r, -.- l'1F T!-~ ora~~s ~^~,1~~TA~Y IN THB OQURT OF taOD~ION PLEAS, Z a { ~ ~i;`, ~ S ~ ~~ ~ ~ ~ ! ~ 5 OQUNTY, PENxSYLVANIA JAOUB H. LAUDENSLAGEIt, JR. and btiARNIE D. MdCLU3IO~Y, PLAINTIFFS VS. FEDERAL EXPRS93 OoRPORATIOx, D/B/A FBDF~C EXPRF,3~3, Dl;FBNDANT F ~- - - ~ '`•J' C~.~_ .. ~. CAUSB NUMBER: o9~G46 NOTICE OF FILIATG OF NOTICE OF REMOVAL 'PO THE CLERK of the Court of Common Pleas oaf Cumberland County, Pennaylvaniia, and to I"la: PLEASE TAKE NOTICE that Dehndant, Federal Express Corporation, d/b/a FedEx Express ("FedEx'~, has filed its Notice of Removal in and within the United States District Court for the Middle District of Pennsylvania, Harrisburg Division. Ached hereto and marked as F~chi"bit "A," is a true and correct copy of the Notice of Removal. Dated: This, the ~"~'` day of March, 2oio. RespectfuAy 3ubmitbed, J h . Milooff, Esq. PA 83820 iooo FedEx Drive Moon Township, Pennsylvania 15108 (4~) 859-5918, Telephone (4~) 859-5450, Fac~tnafie jc~seph.mfiooff~fedex.oom for Defendant, FEDERAL EXPRESS CORPORATION, D/B/A FEDEX EXPRESS I, do hereby certify, that a true and oon~ect Dopy of the foregoing document was seat via FedEx Express, this the ~ ~ ~" d ay of March, ao~o, to: Christopher J. Bailey, Esq. Marc D. Collazzo, Esq. Armstrong 8t Cae+oaella, P.C. SSa $OUth Matl3~IC , $ulbe 101 West Cher, Pennsylvania i938a Attorneys for Plaintiffs J h P. M"ilcoff, Esq. 8u~ Case 3:02-at-06000 Document 376 Filed 03/17/2010 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, HARRISBURG DIVISION JACOB H. LAUDENSLAGER, JR. and MARNIE D. McCLUSKEY, PLAINTIFFS CAUSE NUMBER: VS. FEDERAL EXPRESS CORPORATION, D/B/A FEDEX EXPRESS, NOTICE OF REMOVAL DEFENDANT TO THE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, HARRISBURG DIVISION, AND TO PLAINTIFFS: PLEASE TAKE NOTICE that Defendant, Federal Express Corporation, d/b/a FedEx Express ("FedEx"), hereby, respectfully, files its Notice of Removal under 28 U.S.C. § i44i(a)(b) and 28 U.S.C. § i446(a)(b) to effect removal of this action, which was commenced in the Court of Common Pleas, Cumberland County, Pennsylvania, under Case No.: 09-646. Removal is both appropriate and proper for the following reasons: i. On March 8, 2oio, Jacob H. Laudenslager, Jr. and Marnie D. McCluskey ("Plaintiffs") filed; and thereafter served, their "Amended Complaint" in this civil action, filed in the Court of Common Pleas, Cumberland County, Pennsylvania, under Case No.: 09-646. 2. Thirty days since such filing and service have not yet expired. 3. The United States District Court for the Middle District of Pennsylvania, Harrisburg Division, has original jurisdiction over this civil action by reason and way of Federal Question, 28 U.S.C. § 1331. EX BIT Case 3:02-at-06000 Document 376 Filed 03/17/2010 Page 2 of 4 4. Indeed, the "picked up ... for delivery," "transmittal," and "loss" claims asserted by the Plaintiffs against FedEx (Counts 1 & 2), each of which relate to FedEx's pick up, transportation, and delivery services, and the liability of FedEx in relation to the same, if any at all, are governed by principles of Federal Common Law -not (Pennsylvania) state law.- Please see, Kemper Insurance Companies vs. Federal Express Corporation, 252 F.3d 509 (1st Cir. 2001); Eli Lilly Do Brasil, Ltda vs. Federal Express Corporation, 502 F.3d 78 (2nd Cir. 2007); First Pennsylvania Bank, N.A. vs. Eastern Airlines, Inc., 731 F.2d 1113 (3rd Cir. 1984); McCall-Thomas Engineering Co., Inc. vs. Federal Express Corporation, 81 F.3d 28 (4th Cir. 1996); Sam L. Majors Jewelers vs. ABX, Inc., 117 F.3d 922 (5th Cir. 1997); Treiber & Straub, Inc., d/b/a Treiber & Straub Jewelers vs. United Parcel Service, Inc., et. al., 474 F•3d 379 (7th Cir. 2007); Arkwright- Boston Mfrs. Mut. Ins. Co. vs. Great Western Airlines, Inc., 767 F.2d 425 (8th Cir. 1985); and, Read-Rite Corporation, et. a1. vs. Burlington Air Express, Ltd., et. al., 186 F.3d 1190 (9th Cir. 1999)• Please also- see, Sandra Williams vs. American Airlines, Inc., et. al., 1998 U.S. Dist. LEXIS 5730 (E.D.P.A. 1998); and, Edward Stevenson, et. al. vs. American Airlines, Inc., 1992 U.S. Dist. LEXIS 20195 (E.D.P.A. 1992)• 5. Moreover, and aside from 4. above, the Plaintiffs' Bailment, Conversion, Negligence, Attorneys' Fees, Interest, and Costs claims (Counts 1 & 2), each of which relate to FedEx's "prices, rates, routes, or services," all fall within the preemptive scope of the Airline Deregulation Act, 49 U.S.C. § 41713(b)(1). Please see, Morales vs. Trans World Airlines, Inc., et. al., 504 U.S. 374 (1992); American Airlines, Inc. vs. Wolens, et. al., 513 U.S. 219 (1995); and, Rowe vs. New Hampshire Motor Transport Association, et. a1.,128 S.Ct. 989 (2008). 2 Case 3:02-at-06000 Document 376 Filed 03/17/2010 Page 3 of 4 6. Attached hereto as Exhibit "A," is a combined true and correct copy of all pleadings and process filed in this civil action in the Court of Common Pleas, Cumberland County, Pennsylvania, under Case No.: 09-646. ~. A Notice of Filing of this Notice of Removal is being concurrently filed with the Court of Common Pleas, Cumberland County, Pennsylvania, under Case No.: 09-646. WHEREFORE, FedEx, respectfully, prays that this civil action be removed to this Court from the Court of Common Pleas, Cumberland County, Pennsylvania. Dated: This, the lath day of March, 2010. Respectfully Submitted, /s/Joseph P. Milcoff Joseph P. Milcoff, Esq. PA 83820 looo FedEx Drive Moon Township, Pennsylvania 15108 (412) 859-5918, Telephone (412) 859-5450, Facsimile j oseph. milcoff @ fe dex. com Attorney for Defendant, FEDERAL EXPRESS CORPORATION, D/B/A FEDEX EXPRESS 3 Case 3:02-at-06000 Document 376 Filed 03/17/2010 Page 4 of 4 CERTIFICATE OF SERVICE I, do hereby certify, that a true and correct copy of the foregoing document was sent via FedEx Express, this the. l~cb day of March, 2oio, to: Christopher J. Bailey, Esq. Marc D. Collazzo, Esq. Armstrong & Carosella, P.C. 882 South Matlack Street, Suite ioi West Chester, Pennsylvania 19382 Attorneys for Plaintiffs /s/Joseph P. Milcoff Joseph P. Milcoff, Esq. 811628 4 • Case 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 1 of 15 ARMSTRONG & CAROSELLA, P.C. BY: Christopher 7. Bailey, Esquire - LD. # 49474 Marc D, Collazzo, Esquire - I.D. #69872 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) Attorney for Plaintiffs, Jacob H. Laudenslager, Jr. and Marnie D. McCluskey Jacob H. Laudenslager, Jr. . and Marnie D. McCluskey . Plaintiffs . v. Federal Express Corporation d/b/a FedEx Express . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c ~ . S " ~ :a `r) . i ~-r, r-n ~~_:+ -jZ CIVII1 ACTION-LAW = =~' =~ ~~ T' ~~;~. ' ~ ~ o NO. 09-7646 4 <_ = -y ~' '~ ~ `J j -~ 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 PAPERTO YOURLAWYERAT ONCE. IF YOUDO 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: LAWYER REFERENCE AND INFORMATION SERVICE, CUMBERLAND COUNTY BAR ASSOCIATION, 32 South Bedford Street, Carlisle, PA 17013 800-990-9109; 717-249-3166. EXHIBIT ARMSTRONG & CAROSELLA, P.C. ~, ~A :..: By: :.>. Christoph r Bailey, Es ' e Attorney or laintiffs, Jac b H. Laudenslager, Jr. and Mamie cCluskev • Case. 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 2 of 15 ARMSTRONG & CAROSELLA, P.C. BY: Christopher J. Bailey, Esquire - LD. # 49474 Marc D. Collazzo, Esquire - LD. #69872 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) Attorney for Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCluske Jacob H. Laudenslager, Jr. IN THE COURT OF COMMON PLEAS _ and Mamie D. McCluskey OF CUMBERLAND COUNTY, Plaintiffs . PENNSYLVANIA v. Federal Express Corporation CIVIL ACTION-LAW d/b/a FedEx Express . Defendant _ NO. 09-7646 AMENDED COMPLAINT 1. Plaintiffs, 7acob H. Laudenslager, Jr. and Marnie D. McCluskey, husband and wife, are adult individuals residing at 1102 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Federal Express Corporation, d/b/a FedEx Express, clo CT Corporation, Corporation Trust Center, 1209 South Orange Street, Wilmington, DE 19801, is a Delaware Corporation with a principal place ofbusiness located at a location 3620 Hacks Cross Road, Building B, 3`d Floor, Memphis, TN 38125. At all times relevant to this Complaint, Defendant has conducted, and regularly conducts, business in Pennsylvania, and has contacts with the Commonwealth of Pennsylvania sufficient to establish jurisdiction over it in the Courts of Pennsylvania pursuant to 42 Pa.C.S.A. ~ 5322. 3. The transactions and occurrences out of which this cause of action arose took place in Cumberland County, Pennsylvania. 4. On or about December 6, 2008, Defendant's agent picked up from Plaintiffs' home a television receiver box, and related equipment, for delivery to Direct TV, the supplier of the television _ receiver box, and related equipment. 5. Can or about January, 2009, Plaintiffs received their monthly invoice from their `triple play" subscription with Verizon, which contained a charge of $700.00 from Direct TV for an unreturned .. television receiver box, and related equipment. At this time Plaintiffs contacted the Direct TV and were advised by a representative that Direct TV had not received the television receiver box, and related equipment. 6. During January, February,, and March of 2009, Plaintiffs communicated with Defendant ' Case 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 3 of 15 concerning the location of the television receiver box, and related equipment. 7. On or about April 3, 2009, Plaintiffs, at the direction of an employee of Federal Express, prepared and submittdd a claim, on Defendant's Claim Form, to Defendant for the loss of the television receiver box, and related equipment. A true and correct copy of said .Claim Form is attached hereto, made apart hereof and marked as Exhibit "A". 8. Despite repeated contact from Plaintiffs to Defendant, and demands from the Plaintiffs to the Defendant to locate the television receiver box, and related equipment, Defendant has not located the television receiver box, and related equipment, and has refused to additionally communicate with Plaintiffs in any fashion in regard to Plaintiffs' claim. COUNTI 9. Paragraphs 1 through 8 above are incorporated herein as though fully set forth herein at length. 10. Plaintiffs have fulfilled all of the provisions of the Agreement for transmittal between the parties and paid the charged fee to deliver a television receiver box, and related equipment, for delivery to Direct TV. 11. Defendant herein has not fulfilled the provisions of the terms and conditions of Agreement to deliver the television receiver box, and related equipment, to Direct TV. 12. Defendant has wholly neglected to do and perform certain things which were expressly or by necessary implication required to be done and performed pursuant to the Agreement by and. between Plaintiffs and Defendant, which are as follows: a). Failing to deliver the television receiver box and related equipment to Direct TV; b). Losing the television receiver box and related equipment provided by Plaintiffs; c). Failing to properly monitor the whereabouts of the Plaintiffs television receiver box and related equipment that were to be,delivered to Direct TV; d). Failing to properly handle the Plaintiffs' television receiver box and related equipment that were to be delivered to Direct TV; e). Failing to properly track and route the Plaintiffs' television receiver box and related equipment to which it obtained possession to ensure its safe arrival with Direct TV as properly addressed by Plaintiffs; f). Failing to respond to Plaintiffs properly filed Claim Form; g). Failing to make any attempts to find and locate the Plaintiffs' television receiver box and related equipment to which it obtained~possession and contracted to promptly and safely deliver to Direct TV; and Case 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 4 of 15 h). Converting the Plaintiff s television box and related equipment to which said Defendants obtained possession and contracted to promptly and safely deliver to Direct TV. 13. Defendant has failed to perform, or performed in a poor, improper and unworkmanlike manner in connection with certain things which were expressly or by necessary implication required to be done and performed pursuant to the bailment and delivery agreement by and between the Plaintiffs and Defendant herein. 14. Defendant failed to perform the contracted work in accordance with all applicable laws, statutes, rules, regulations, codes and express and implied contract terms by losing and failing to deliver Plaintiffs television receiver box and related equipment to Direct TV. 15. Defendant has failed and refused,. and still refuses, to cure the aforesaid breaches, despite Plaintiffs' repeated demands and filing of a Claim Form with Defendant, Federal Express Corporation. 16. A,s a result of the loss of the television receiver box, and related equipment, by Defendant, Plaintiffs were charged by Direct TV in the amount of $700.00 for the cost of the television receiver box, and related equipment. WI~REFORE, Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCluskey, seek damages in an amount in excess of $50,000.00, the arbitration Iirnits of the Court of Common Pleas of Cumberland County; Pennsylvania, against Defendant, Federal Express Corporation, plus attorneys' fees, interest and costs. COUNT II 17. Paragraphs 1 through 16 above are incorporated herein as though fully set forth herein at length. 18. A,s the result of Plaintiffs dispute with Defendant concerning Defendant's lack of delivery of the television receiver box, and related equipment, Plaintiffs have not paid the amount demanded by Direct TV. 19. Defendant herein, by and through its various agents, servants, employees and representatives, contracted to take possession of Plaintiffs' television receiver box and related equipment and promptly and safely deliver them to Direct TV. 20. Defendant herein, by and their its various agents, servants, employees and representatives, _ knew or should have /mown, that failing to deliver the television receiver box to Direct TV would cause financial harm and damage to Plaintiffs. 21, Defendant failed to conform its work performance to the required standard of care and conduct for the protection ofthe Plaintiffwhen it lost and failed to deliver Plaintiffs television receiver box and related equipment to Direct TV. Case 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 5 of 15 22. Defendant'snegligentconduct.inlosingandfailingtodeliverPlainti~stelevisionreceiverbox and related equipment to Direct TV caused Direct TV to administer a financial penalty against Plaintiffs' in the amount of $700.00, despite the fact that it was Defendant herein who failed to deliver the items as contracted by and between the parties. 23. As the penalty was caused by the actions of the Defendant, Plaintiffs refused to pay and requested Defendant satisfy this debt. - 24. As a result of the Defendants negligent handling, supervision and conversion of Plaintiffs television receiver box and related equipment, and failure to remediate the penalty after its imposition, Plaintiffs have suffered permanent and irreparable financial damages in the form of adverse credit reports anc~-krnitations to their credit limit imposed by American Express, to which Plaintiffs have been prohibited from obtaining approval of certain loan and credit applications. In particular, American Express reduced Plaintiffs' credit limit from $3 0,000.00 to $16,000.00, as well as imposed increased annual percentage rates and late fees. The Defendants actions in failing to properly deliver the items to which it was entnzsted, as well as Defendant's failure to mitigate Plaintiffs damages by resolving the situation with Direct TV after same, caused a reduction of the parties' credit score of approximately one hundred (100) points. WHEREFORE, Plaintiffs, Jacob H. Laudenslager, Jr. and Marnie D. McCluskey, seek damages in an amount in excess of $50,000.00, the arbitration limits of the Court of Common Pleas of Cumberland County, Pennsylvania, against Defendant, Federal Express Corporation, plus attorneys' fees, interest and costs. ARM RONG & C LLA, P.C. Date: ~ `~ v~~ ~ By: Christopher ailey, Esquire Attorney Plaintiffs, Jacob H. Laud nslager, Jr. and Mamie D. McCluskey ' Case 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 6 of 15 VERIFICATION I, Christopher 7. Bailey, Esquire, verify that I am the attorney for the Plaintiff in this action and that the foregoing Pleading is true to the best of my knowledge, information and belief. I make this Verification in lieu of the Plaintiff because the Plaintiff's Verification could not be obtained within the time allowed for filing this pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~Q`0 4 Case 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 7 of 15 ® LD-aoo Claim Form X08 For lost or damaged U.S. or international shipments Senderl'ShippersName/ Corrtact ~ AQ},~ I>/ ~, ~~ ~,•~ ~ Recipiefrt"s /Consignee's Name /Contact Company it J p~ Company ~ 112E CT T. ~/. Address 11 ~ ~~ 2 p ~ Address City IJIEGt-t ~~ I ~ g+gL ~ ~ State /Province ,a, City }~ E G..t Pt-FI S State /Province -['1J Country ~'"~ (~ ~j'~ ZIP /Postal Code US-f1 Country US p. ZIP J Postal Code Phone ~ (~- C~~q- ~ ~jG1 ~ Fax Phone- ' Fax E-Mail rna.rni e da't ~ ho+r~~ 1. c o m c E-Mail Tracking or Freight Bill ~SE ~- o~ 01 X3.0050 5 a Numbers ~ ~P~C-k.t -~l tit ~ a qu o - t~~ 8~ oc~~ Shipmarrt formation Loss ^ Complete ^ Partial ^ Da ese retain ail packagng and products uruilyour c~cn is resolved. Contents of I~>neftt- ~ ~ U 112.E ~T "~V. I Des damage to outer packag ng (' j U 1 ~I V~ ^ e a.r~ i U -~h FarFedEx&press&GfaundGnly ~ r-o ~ Ill U/~ ' c~ I-- Des ~ inner packaging ,~ e ~~ n ' o ~C-~-i o~ ... is nev Describe age to contents ~ ~ ~ v ~i.~ Si cr.~ 5c>` t C~ ' `~ aoo Declared value ' ITha value declared onthe ~ _ s ms d $ ahipmemwhen tendera tn Fed htrtemational shipme onlyi Merchandise v (Original puncheae v e and/ or costta repair) $ ~ - FedFac P & Ship Fee $ refight charge $ Total claim /C.O.D. amount$ Cus mar remarks •- ' S l If your claim isfiled far damage and mitigation through repair or a8owance is not possible, please explain why and provide cwtactirrformetionfarsalvage pickup. Salvage a vo e .9 should be held unfit investigation afthe claim is complete. Salvage Contact Phone Fax Claimantlnformation The foregoingsta entoffa s b ce ' edascorrect Date ^f l3/U~ Signature Internal Reference Nn. Claimant's Na a (please prirtt) //rAR~t,I tE .L~, 1t~C~ ,S.KEy Cp~~ ~ ' Claimant's Address II oa 4~.4~FU,2.D ,eD Phone ~ t`7- 9 ~ 9 _ 18cj~ ' _ City /la~Cj-}~.~J lC$,(gV,e(A State/Province f~ Country S L~ T ZIP/ Postal Code / rJ(l~j. E-Mail r•')')t2.rn t'P G~4i (~ O IY?41~ - ('bin Fax Mail Or FaX Please return the completed form and required Proo# of Value documentation (invoice and J or receipt) to: Muthpletraclung numhersforthe same sender, reclplent, and shlp date aNowed Ship date ~~,~ g 1 a00 ~~ No. of packages I Weight ~ l US _ FedEx control number ~ INGTE: Call 1.80o.Go-FedEz 1.9gg.4833339ta obtain a FedEx Express; control number or a FedEx Ground` damaged call tag confinnatian numherl NoJarycfPackages Items Item Description Claimed Amount I ><-114 17FFIN rT70~ TELL ~C~I V 70• FedEx Cargo Claims Dept PD. Box 256 Pittsburgh, PA 15230 I Fax Number 1.877.229-4766 I Please email to: file.claimCoJtedex.snm ' Case 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 8 of 15 h*_tp:/(www.federalexpress.com/Tracking 3/28/09 2:00 PM r~ ~ Espanol I Customer Support I r'edEx Locations Search Go ~U - ~ 1 ~,~ 3 - ~;1J ! PackagelEnvelope Freight Expedited OfficelPrint Services Ship i Track } Manage ~ Business Solutions y IMPDRTANT( Flooding in Midwesiem U.S. region may cause some service delays. Leam more ~etalil=d Re5Uit5 Printable Version Enter tracking number C~.~,:;i:r~~ 7~=:;uts II Notifications Help Tracking no.. 994016787064 E-mail notifications Initiated ,.- ;._~..: .-,......:,~~,_~~~~~-~ - e Pi~kec~ ~.~.~ ~=~~~~~ '~1a3 ~--~ Initiated Picked up In transit Delivered , Shipment information sent to FedEx Please check back later for shipment status or subscribe for a-mail notifications Shipment Dates Destination - -----..__....-_._....._.._..._-- Ship date ~" Dec 8, 2DD8 ..-.......----..---------°-•----- ----.._._.~- -------- MEMPHIS, TN ------- Shipment Facts Help ; Service type Fxpress Saver Reference D1063168D2 Weight 13.D Ibsl5.9 kg Please check back later for shipment status or subscribe for e-mail notifications Shipment Travel History Helo !Select time zone: 5eleet~r.~;~ -_ ->-~, ~ Select time format 12H ~ 24H AII_sh~men# travel activity is displayed in local time for the location DatelTime Activity .Location Details ` 1 Dec B, 2008 423 PM .Shipment information sent to ~ - ;FedEx ; i i t I ~~~ . i ~~ Global Home I FedEx Mobile I Service Info I About FedEx I Investor Relations I Careers I fedex.com Terms of Use I Privacy Policy I Site Map i ~~}~ G This site is protected by copyright and. trademark laws under US and International law. All rights reserved.®1995-2009 Fed Ex ~o~-2n,~ - did lv~ ~ a~~.~t~.~- - ,~: s~.. ~ ~ ! 1. ^. _ ~ ~ ~ 1~~. ~ 2~ ~ - ~.,, } ~ ~ ~ Page 1 of 1 'i1~ `J1'~ i~ ~ -i?A -iU '~. s~vy'4s•1'~1..~1.~1„LX ~ -' f~ rt ... o `=r- •i\ ~. n n n ,-^.. ,s.. -.. t _. _.- ~. Case 3:02-at-0,6000 Document 376-2 ARMSTRONG & CAROSELLA, P.C. BY: Christopher J. Bailey, Esquire - I.D. # 49474 Marc D. Collazzo, Esquire - I.D. #69872 8$2 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431,3300; (610) 431.6363(f) Filed 03/1,7/2010 Page 9 of 15 c' ~_ ~ ~ , ., -~, -„~: A --, T ~-:: Q ~- j 1~ - ~ -- rn ~~`... - -, c-, - - -'v -- Attorney for Plaintiffs, Jacob II.~ ~ ° rT, Laudenslager, Jr. and Mamie D.11<I~Cley.~~ Jacob H. Laudenslager, Jr. IN THE COURT OF COMMON PLEAS and Mamie D. McCluskey OF CUMBERLAND COUNTY, Plaintiffs v. FedEg Corporation De endant PENNSYLVANIA CNIL ACTION-LAW 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 D~NO'F,=~ ~= HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI SET `~~~- .-r r-- -- FORTH BELOW TO.FIND OUT WHERE YOU CAN GET LEGAL HELP: ~~ -- l LAWYER REFERENCE AND INFORMATION SERVICE, CUMBERLAND COUN=~'Y ' -4 _~.-; BAR ASSOCIATION, 32 -South Bedford Street, Carlisle, PA 17013 -~ ~: =~ ~ - ,800-990-9109; 717-249-3166. ~' '~-'"~= R7 ~- - .. - TRON CAROSELLA, P.C. c~ - By: Christo . _ .Baffle ,Esquire Attorne aint' s, Jacob II. Laudenslager; 7r. and Mamie D. McClus ey t!>t ~~~y wit, t ire ~~~y s~ ~ Case 3:02-at-0000 Document 376-2 ARMSTRONG & CAROSELLA, P.C. BY: Christopher J. Bailey, Esquire - LD. # 49474 Marc D. Collazzo, Esquire - LD. #69872 882 South Matlack Street, Suite 101 West Chester, PA 19382 (610) 431.3300; (610) 431.6363(f) Jacob H. Laudenslager, Jr. and Mamie D. McCloskey Plaintiffs v. FedEz Corporation Defendant Filed 03/17/2010 Page 10 of 15 Attorney for Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCloskey IN THE COURT OF COMMON PI~ASr'; OF CUMBERLAND COUNTY, ~= ~'~,~ ~~ - ; ~;.. .- - - ~~ :---~ PENNSYLVANIA ` " = ~' ~ ~_ ~- .? CIVIL ACTION-LAW ~, NO.09- COMPLAINT i. Plaintiffs, Jacob H: Laudenslager, Jr. and Mamie D. McCloskey, husband and wife, are adult individuals residing at 1102 Wansford Road, Mechanicsburg, Cumberland County, Pennsylvania. . 2. Defendant, FedEx Corporation, c/o . CT Corporation, Corporation Trust Center, 1209 South Orange Street, Wilmington, DE 19801, is a Delaware Corporation with its principal place of business located at a location that is unknown at this time. At all times relevant to this Complaint, Defendant has conducted, and regularly conducts; business in Pennsylvania, and has contacts with the Commonwealth of Pennsylvania sufficient to establish jurisdiction over it in the Courts of Pennsylvania pursuant to 42 Pa.C.S.A. § 5322. 3. The transactions and occurrences out of which this cause of action arose took place in Cumberland County, Pennsylvania. 4. On or about December 6, 2008, Defendant's agent picked up from Plaintiffs' home a television receiver box, and related equipment, for delivery to Direct TV, the supplier of the television receiver box, and related equipment. 5. On or about January, 2009, Plaintiffs received their monthly invoice from their `triple. play" subscription with Verizon, which contained a charge of $700.00- from Direct TV for an --- unreturned television receiver box, and related equipment.-At this time Plaintiffs contacted the--- --- Direct TV and were advised by a representativethat Direct TV had. not received the television receiver box, and related equipment. 6. ~ During January, February, and March of 2009, Plaintiffs communicated with Defendant i Case 3:02-at-06000 Document 376-2 Filed 03/1,7/2010 Page 11 of 15 concerning the location of the television receiver box, and related equipment. 7. On or about April 3, 2009, Plaintiffs, at the direction of an employee of Federal Express, prepared and submitted a claim, on Defendant's Claim Form, to Defendant for the loss of the television receiver box, and related equipment. A true and correct copy of said Claim Form is attached hereto, made apart hereof and marked as Exhibit "A". 8. Despite repeated contact from Plaintiffs to Defendant, and demands from the Plaintiffs to the Defendant to locate the television receiver box, .and related equipment, Defendant has not located the television receiver box, and related equipment, and has refused to additionally communicate with Plaintiffs in any fashion in regard to Plaintiffs' claim. COUNTI 9. Paragraphs 1 through 8 above are incorporated herein as though fully set forth herein at length. 10. Plaintiffs have fulfilled all of the provisions of the Agreement for transmittal between the parties and paid the charged fee to deliver a television receiver box, and related equipment, for delivery to Direct TV. 11. Defendant herein has not fulfilled the provisions of the terms and conditions of Agreement to deliver the television receiver box, and related equipment, to Direct TV. 12. Defendant has wholly neglected to do and perform certain things which were expressly or by necessary implication required to be done and performed pursuant to the Agreement by and between Plaintiffs and Defendant, which are as follows: a). Failing to deliver the television receiver box and related equipment to Direct TV; b). Losing the television receiver box and related equipment provided by Plaintiffs; c). Failing to properly monitor the whereabouts of the Plaintiffs television 7eceiver box and related equipment that were to be delivered to Direct TV; d). Failing to properly handle the Plaintiffs' television receiver box and related equipment that were to be delivered to Direct T'V; e). Failing to properly track and route the Plaintiffs' television receiver box and related, equipment to which it obtained possession to ensure its safe amval with Direct TV as properly addressed by Plaintiffs; . f). Failing to respond to Plaintiff s properly filed Claim Form; g). Failing to make any attempts to fmd and locate the Plaintiffs' television receiver box and related equipment to which it obtained possession and contracted to promptly and safely deliver to Direct TV; and h). Converting the Plaintiff's television box and related equipment to which said t Case 3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 12 of 15 Defendants obtained possession and contracted to promptly and safely deliver to Direct TV. 13. Defendant has failed to perform, or performed in a poor, improper and unworkmanlike manner in connection with certain things which were expressly or by necessary implication required to be done and performed pursuant to the bailment and delivery agreement by and between the Plaintiffs and Defendant herein. 14. Defendant failed to perform the contracted work in accordance with all applicable laws, statutes, rules, regulations, codes and express and implied contract terms by losing and failing to deliver Plaintiffs television receiver box and related equipment to Direct TV. 15. Defendant has failed and refused, and still refuses, to cure the aforesaid breaches, despite Plaintiffs' repeated demands and filing of a Claim Form with Defendant, FedEx Corporation. 16. As a result of the loss of the television receiver box, and related equipment, by Defendant, Plaintiffs were charged by Direct TV in the amount of $700.00 for the cost of the television receiver box, and related equipment. Wf~REFORE, Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCloskey, seek damages in an amount in excess of $50,000.00, the arbitration limits of the Court of Common Pleas of Cumberland County, Pennsylvania, against Defendant, FedEx Corporation, plus attorneys' fees, interest and costs. COUNT II 17. .Paragraphs 1 through 16 above are incorporated herein as though fully set forth herein at length. 18. As the result of Plaintiffs dispute with Defendant concerning Defendant's lack of delivery of the television receiver box, and related equipment, Plaintiffs have not paid the amount demanded by Direct TV. 19. Defendant herein, by and through its various agents, servants, employees and representatives, contracted to take possession of Plaintiffs' television receiver box and related equipment and promptly and safely deliver them to Direct TV. 20. Defendant herein, by and their its various agents, servants, employees and representafives, knew or should- have known, that failing to deliver'the television receiver box to Direct TV would cause financial harm and damage to Plaintiffs. 21. Defendant failed to conform its work performance to the required standard of care and conduct for the protection of the Plaintiff when it lost and failed to deliver. Plaintiffs television receiver. box and related equipment to_Direct 'TV._____ _ ___ ___ ___ _ . _ 22. Defendant's. negligent conduct in losing and failing to deliver Plaintiffs television receiver box and related equipment to Direct TV caused Direct TV to administer a financial penalty against Plaintiffs' in the amount of $700.00; despite the fact that it was Defendant herein who failed to deliver the items as contracted by and between the parties. . i Case 3:02-at-06000 Document 376-2 Filed 03/117/2010 Page 13 of 15 23. As the penalty was caused by the actions of the Defendant, Plaintiffs refused to pay and requested Defendant satisfy this debt. 24. As a result of the Defendants negligent handling, supervision and conversion of Plaintiffs television receiver box and related equipment, and failure to remediate the penalty after its imposition, Plaintiffs have suffered permanent and irreparable financial damages in the form of adverse credit reports. and limitations to their credit Limit imposed by American Express, to which Plaintiffs have been prohibited from obtaining approval of certain loan and. credit applications. Lu particular, American Express reduced Plaintiffs' credit limit from $30,000.00 to - $16,OQ0.00, as we11__ as.. imposed increased annual percentage rates. and late. fees.. _..The. _ Defendants actions in failing to properly deliver the items to which it was entrusted, as well as Defendant's failure to mitigate Plaintiffs damages by resolving the situation with Direct TV after same, caused a_reduction of the parties' credit score of approximately one hundred (100) points. WHEREFORE, Plaintiffs, Jacob H. Laudenslager, Jr. and Mamie D. McCluskey, seek damages in an amount in excess of $50,000.00, the arbitration limits of the Court of Common Pleas of Cumberland County, Pennsylvania, against Defendant, FedEx Corporation, plus attorneys' fees, interest and costs. Date: ~ ~ ~ 0 D By: SELLA, P.C. J. Bailey, squire Plain ,Jacob H. Laudenslager, Jr. and Case 3:02-at-06000 Document 376-2 Filed 03/1!7/2010 Page .14 of 15 VERiF'ICATION I, Jacob H. Laudenslager, Jr. hereby .state that I am a Plaintiff in this action and that the foregoing Complaint is based upon factual information that I have furnished to my counsel. The factual information contained in the aforementioned Complaint is the language of myself. I -have read the Complaint and to the extent that the Complaint is based upon legal issues, I have relied on my attorney. I have read the Complaint and to' the extent that the Complaint is based upon information _. that I.have.given,to my_attorney, it is trueandcorrect to the best of my knowledge, information __ _ _ _. and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in malting this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. - Section 4904, relating to unsworn falsification to authorities. Date: /o ~ o O~ Case,3:02-at-06000 Document 376-2 Filed 03/17/2010 Page 15 of 15 VERIFICATION I, Mamie D. McCloskey, hereby state that I am a Plaintiff in this action and that the foregoing Complaint is based upon factual information that I have furnished to my counsel. The factual information contained in the aforementioned Complaint is the language of myself. I have - read the Complaint and to the extent that the Complaint is based upon legal issues, I have relied on my attorney. I have read the Complaint and to the extent that the Complaint is based upon information that I have given to my attorney, it_ is true and correct to the best of my .knowledge, information ._ _ __ and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. _. Section 4904, relating to unsworn falsification to authorities. Date: ~~ o2C~ D Legal Department 3620 Hacks Cross Road Building B, 3rd Floor Memphis, TN 38125 Telephone 901.434.8600 ~~ o Express VIA FEDEX OVERNIGHT SERVICE March i~, 2010 Court Clerk Court of Common Pleas Cumberland County i Courthouse Square Carlisle, Pennsylvania i~oi3 Re: Laudenslager & McCluskev vs FedEx Corporation In the Court of Common Pleas of Cumberland County, Pennsylvania FedEx Matter No.: 6o-12629 Dear Sir or Madam: Enclosed is our Notice of Filing of Notice of Removal for filing tomorrow in your court. We have also enclosed a copy to be file-stamped and returned to us. Please use the pre-paid FedEx Overnight Envelope provided for your convenience. We appreciate, very much, your help. Sincerely yours, FEDERAL PRES CORPORATION ~~ Sue Ferguson for Thomas W. "Trea" Southerland III Senior Counsel -Litigation 362o Hacks Cross Road Building B, 3rd Floor Memphis, Tennessee 38125 Enclosures TWS/sf/8i4454