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HomeMy WebLinkAbout01-1155ALL AMERICAN PLAZAS, INC., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01- t/3'5" -~/¢¢~ GUARANTEED OVERNIGHT DELIVERY, Defendant :CIVIL TERM 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 of 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 (717) 249-3166 ALL AMERICAN PLAZAS, INC., Plaintiff GUARANTEED OVERNIGHT DELIVERY, De~ndant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01- :CIVIL TERM COMPLAINT 1. Plaintiff, All American Plazas, Inc., is a Pennsylvania business corporation with a registered address of P.O. Box 657, 1181 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Guaranteed Overnight Delivery, has a registered address of Ft. of Pennsylvania Avenue, South Kearney, New Jersey 07032. 3. At all times relevant hereto, Plaintiff, All American Plazas, Inc., was in the business of providing diesel fuel and truck repairs to the Defendant and other similar situated business. 4. In April 1994 the Defendant did apply for credit with the Plaintiff requesting the ability to buy fuel and services on credit and agreed to pay for the same upon receipt of invoices; Plaintiff granted Defendant's credit application. 5. On or about September 2000 and continuing through October 2000, the Defendant did purchase fuel and services from the Plaintiff, in the amount of $8,039.03. 6. Despite repeated demand, the above sum has remained unpaid as of the date of this Complaint. 7. In addition to the principal amount of $8.039.03, the Defendant has agreed to terms which include a service charge of 1 ¼ percent per month for the average daily past due balance. 8. The Defendant also agreed to pay all costs, expenses, including attorney fees and court costs that may be encountered by the Plaintiff. 9. A copy of the current invoice, which remains unpaid, is attached hereto and marked Exhibit A. WHEREFORE, for all the above reasons, the Plaintiff respectfully requests judgment in its favor in the amount of $8,039.03 plus interest, costs of suit, attorney fees and expenses. Date Respectfully Submitted TURO LAW OFFICES Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I, Ron Turo, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Complaint and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. Date Ron Turo, Esquire CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon Guaranteed Overnight Delivery, by depositing same in the United States Mail, first class, postage pre-paid on the --~ "-~ day of ZL--~~-/-~ , 2001, from Carlisle, Pennsylvania, addressed as follows: Guaranteed Overnight Delivery FT. of Pennsylvania Avenue South Kearney, NJ 07032 TURO LAW OFFICES Ron Turo. Esquire 28 South Pitt Street Carlisle, PA ~7013 (717) 24§-§658 Attorney for Plaintiff