HomeMy WebLinkAbout04-3329
OLD DOMINION FREIGHT LINES, INC.
PlaintitY
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
; NO. C)L/ - 33:2.9
C;v'll T~
DANIEL T. ROGERS
CIVIL DIVISION - LA W
Defendant
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 ajudgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or reliefrequested 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 LA WYER, 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 A VENUE
CARLISLE PA 17013
(717) 249-3166
OLD DOMINION FREIGHT LINES, INC.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
CY-{ - J:J;;'''i
ClUte
l -
~
DANIEL T. ROGERS
CIVIL DIVISION - LAW
Defendant
COMPLAINT
The Plaintiff, OLD DOMINION FREIGHT LINES, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C.,
brings this action of Assumpsit against the Defendant to recover the sum of FOUR THOUSAND, TWENTY-FIVE
DOLLARS AND ZERO CENTS ($4,025.00), along with interest thereon from July 1,2004 upon a cause of action of which
the following is a statement:
I. The Plaintiff, OLD DOMINION FREIGHT LINE, INC., is a corporation organized and existing under the
laws of the State of Virginia, having its principal office and place of business at 500 Old Dominion Way, Thomasville, North
Carolina 27360.
2. The Defendant, DANIEL T. ROGERS, is an adult individual residing at 1419 Timberbrook Drive,
Mechanicsburg, Cumberland County, Pennsylvania] 7055.
3. The Defendant was hired by the Plaintiff on or about June 30, 2003 as a dock worker.
4. On or about July 7, 2003 Defendant did enter into a Truck Driver Training Program Agreement with Plainitff
for the purpose of becoming a professional truck driver. A true and correct copy of said Agreement is hereto attached.
marked Exhibit "A" and made a part hereof.
5. On or about August 13,2003 Defendant did complete Plaintiff's Truck Driving Training Program in order
to change positions to a truck driver.
F:IUSERIST ACYICCP COMPLAINTSI WORKlTUlTION30524. wpd;25Jun04
6. On our about November 3, 2004 Defendant was discharged from Plaintiffs employ for failure to report and
accident.
7. Per said Truck Driver Training Program Agreement at Exhibit "A", due to Defendant's discharge, Defendant
is responsible to pay Plaintiff for training that was completed.
8. The balance due and owing by Defendant to Plaintiff is the sum of Three Thousand, Five Hundred Dollars
and Zero Cents ($3,500.00), as appears by Plaintiffs Affidavit hereto attached, marked as Exhibit "B" and made a part hereof.
9. Due to the default of Defendant, and pursuant to the terms and conditions of the Agreement executed by
Defendant at Exhibit "A", attorney's fees in the total amount of Five Hundred Twenty-Five Dollars and Zero Cents ($525.00)
have been added to said account.
] O. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but
Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof.
WHEREFORE, Plaintiffbrings this suit to recover from Defendant the sum of FOUR THOUSAND, TWENTY-FrVE
DOLLARS AND ZERO CENTS ($4,025.00), along with interest thereon from July I, 2004.
Respectfully submitted,
Robert D. Kodak
407 North Front Street
Post Office Box # 11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:IlJSER 1ST ACYICCP COMPLAINTSI WORKI TlJITION30524. wpd :25Jun04
3
OLD DO.MINIONFREfGHT LINE, ING.
TRUCK lJRJVER TRAINING PROGRAM AGREEMENT
For and in consideration of Old Dominion Freight Line, Inc. allowing me to participate in the Old Dominion Truck Driver
Training Program for the purpose of becoming trained as a professional truck driver and agree as follows:
1. That I meet the qualifications of the program.
2. That I understand the requirements of the program, the type of training to be given and what shall be required of
me should I receive my CDL
3. 'That I have read the attached infonnation sheet and agree with it's content. (Truck Driver Training Infonnation
Sheet - "Earn While You Learn".)
4. That in the event I withdraw from the program, or deliberately delay my continued traininwcompletion, after
having completed the classroom:
I hereby agree to pay to Old Dominion any compensation I have received during the program, including meal
reimbursement, lodging, classroom and on the job training.
5. That in the event that I complete the training program and receive my CDL:
If I should leave Old Dominion Freight Line, Inc.'s employment for any reason and/or voluntarily transfer to a
non driving position prior to I year (12 months) after graduation from the Old Dominion Freight Line, Inc.
Truck Driver Training Program, I hereby agree to pay to the order of Old Dominion Freight Line, Inc. the sum of
$3500,00 as consideration for such training, same to be due and payable in full on the date of my termination.
I further agree that any wages or other monies not yet paid to me by Old Dominion Freight Line, Tnc. shall be withheld
and will be applied toward the sum which T may owe at the time of tennination and I authorize old Dominion Freight
Line, Inc. to deduct said sums from wages or other monies due me at the time of said tennination. I consider this to be a
voluntary repayment of any amount which I owe as provided by Chapter 95-25.10 of the General Statutes of North
Carolina.
In the event I default in the payment of such sum, when due, then in such event interest on the unpaid balance at the
highest legal interest rate at the time of tennination shall be due and payable and sball accrue until said is fully paid.
In the event it becomes necessary for Old Dominion Freight Line, Inc. to employ an attorney to collect said sum, then in
such event, Old Dominion Freight Line, Inc. shall be entitled to recover an additional 15% of the balance due and interest
as attorney's fees.
Nothing herein shall be considered to be a contract of employment with Old Dominion Freight Line, Inc. and I understand
that either old Dominion Freight Line, Inc. or I can terminate my employment at will.
Executed this~ day of ~y ,20 O:!:>.
~ ;J~:i~tSignature
f),8# ~~
Print or Type Applicant Name
~ ,r1~){/ h.A~t..
/itness ~
/II! f{
Service Center
Revised 12/08/00
;;TATE OF
Il tfd.{ CiM.~
j)OAA-d."u-r-...;
COUNTY OF
appeared
Laura o. Williams
BEFORE ME, the undersigned authority, on this day personally
who, being by me duly sworn, states on oath that she is
1. An individual trading as
2. Agent of
a co-partnership, composed of
3. Agant of Old Po~i~iQn ~=Qi~~t ~!na, Inc.
and that ____she is duly qualified and authorized to make this affidavit.
laws of the State of
Virqinia
a corporation duly incorporated and existing under and by virtue of the
, with its principal office
and domicile in the City of Thomasville
Davidson and State of
County of
North Carolina
and is duly qualified and authorized to make this affidavit.
of Old Dominion Fre!Qht Line, Inc.
4. That the foregoing and annexed account, claim and cause of action in favor
and against
Daniel T. Roqers
in the sum of Three thousand five hundred and 00/100------------ Dollars
is within the knowledge of affiant just and true, and that it is due and
that all just and lawful offsets, payments and credits have been allowed.
A"41_P ~iu~-UL/
~:t;liams
Payroll Manager for Old Dominion Freight Line, Inc.
Sworn to and subscribed before me this the
AI day of 1~- , 2004
-..-J,AU?f). B. J~~
Notary Public
in and for the County of .<DlMfi ~~
and State of rrH.t~ C~fJ.--
My CODDllission expires, f1'1 ~ r, ';;()fP'
~ l...llt c-.... U... t,.;'.-l......, I I I "-',J 1'-'1 1
V E RUl.eA r JON
I,
Laura O. Williams
(nllmcj
Dirpcrnr nf P~yrnlJ
(cHfe)
of OLD DOMINION FREIGHT LINE, INe., 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 Fa. C. S. ~4904,
relating to unsworn falsification to authorities.
INION FREIGHT LINE, INC.
By:
au f~~~ d;~
Title:
Director of Payroll
Dated:
71'c;
30524
f:IUSER 1ST ACYICCP COMPLAINTSI WORK ITUITIOi'lJOS24. "1ld:2S) u~04
p --It;l
~
(0 r;
\l \\- l/)
0
........ ~ -0
~ TV pc
~ .-
~ -J
Iv
"";u
1-1
'"
~~:;
c__
c ._~
,-) ~
::\2J
fii ;fl
_"i-II
:<~6
.j~E~
p-;
I
\.D
--n
r:'?
C)
-l-
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03329 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
OLD DOMINION FREIGHT LINES
VS
ROGERS DANIEL T
BRYAN WARD
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ROGERS DANIEL T
the
DEFENDANT
, at 1900:00 HOURS, on the 13th day of July
2004
at 1419 TIMBERBROOK DRIVE
MECHANICSBURG, PA 17055
by handing to
MICHELLE ROGERS, SPOUSE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So
Answers: ~
.r~~'
18.00
9.62
.00
10.00
.00
37.62
R. Thomas Kline
07/14/2004
KNUPP KODAK IMBLUM
Sworn and Subscribed to before
By:
~~!
....
me this /5- day of
Ck~ ,;;ov'l A.D.
-,1-1 O. IhJfL,./
P othonotary I ~
.
OLD DOMINION FREIGHT LINES, INC.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-03329 CIVIL
DANIEL T. ROGERS
: CML DMSION - LAW
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please enter Judgment in favor of the Plaintiff and against the Defendant, DANIEL
T. ROGERS, in the above matter for the sum of Four Thousand. Twenty-Five Dollars
($4,025,00), plus interest at the legal rate of 6% per annum from July 1, 2004, in
accordance with the filing of the attached Stipulation for Entry of Consent Judgment filed
simultaneously with this Honorable Court before this Praecipe.
TO CUMBERLAND COUNTY PROTHONOTARY
~
Dated:
S~/;l/()J~/
/ I
-------.-
Robert D. Kodak, Attorney for PWntiff
Attorney I.D. No. 18041
y,
.
OLD DOMINION FREIGHT LINES, INC.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-03329 CIVIL
DANIEL T. ROGERS
Defendant
: CIVIL ACTION - LAW
STIPULATION FOR ENTRY OF CONSENT JUDGMENT
AND NOW, this
'IlL
day of
/t1.4y
, 2005, comes Plaintiff, OLD
DOMINION FREIGHT LINES, INC., by and through its attorneys, ROBERT D. KODAK, ESQUIRE,
KNUPP, KODAK & IMBLUM, P.C.,
and
Defendant, DANIEL T. ROGERS, by and through his attorneys, MARC W. WITZIG, ESQUIRE.
CUNNINGHAM & CHERNICOFF, P.C.
The parties have agreed to enter into this Stipulation for Entry of Consent Judgment based upon the
following:
I. Plaintiff filed suit in this matter to the above term and number on July 9, 2004,
2. Defendant was properly served by the Sheriff of Cumberland County on July 13,2004.
3. Defendant retained Counsel and the parties entered into extended negotiations through their
respective Counsel.
,
".
4. A settlement on this account has been reached as follows:
A. Defendant will pay Plaintiff One Hundred Eighty ($180.00)
Dollars per month for ten (10) months for a total settlement
amount of One Thousand, Eight Hundred ($1 ,800,00) Dollars
(the "settlement amount");
B. The parties agree that a Consent Judgment in the amount of
Four Thousand, Twenty-Five Dollars ($4,025.00), plus
interest at the Statutory rate from July 1, 2004 will be entered
by the Prothonotary of Cumberland County simultaneously
with the filing of this Stipulation for Entry of Consent
Judgment;
C. The settlement amount shall be payable at the rate of One
Hundred Eighty ($180.00) Dollars per month, with the first
payment being due in Plaintiff s Counsel's offices on or
before the I" day of June, 2005, and on the first day of each
and every month consecutively thereafter for a period of ten
(10) months, for a total of One Thousand, Eight Hundred
($1,800.00) Dollars;
F:\USER\BONNIEJOIST[P\ WORK\30524en~dg. wpd:26Apr\l5
2
"
D. In the event Defendant defaults on any of the ten (10)
aforesaid monthly payments of One Hundred Eighty
($180.00) Dollars each, Defendant will then be liable to
Plaintiff for the full amount as set forth in Paragraph 4(B),
supra;
E. If Defendant has made each and every payment in a timely
fashion as set forth hereinabove, Plaintiff will consider the
payment of the amount of One Thousand, Eight Hundred
($ I ,800.00) Dollars full and satisfactory payment of the
Judgment debt and achieving a full accord and satisfaction
thereof, and immediately thereupon Plaintiff's Counsel will
prepare and file a Praecipe to have the Judgment entered
pursuant to this Stipulation for Entry of Consent Judgment
marked as settled and satisfied in full and will provide
Defendant's Counsel with proof thereof.
5. Plaintiff shall, by Praecipe, enter Judgment in the Court of Common Pleas of Cumberland
County in the sum of Four Thousand, Twenty-Five Dollars ($4,025.00), with interest from July 1,2004, at
the Statutory rate, simultaneously with the filing of this Stipulation for the Entry of Judgment.
':\USER\BONN IEJO\STIP\ WORK\30524entjdg. wpd:26AprOS
3
6. The parties hereto represent to this Honorable Court that they have the full authority and
approval of their respective clients to enter into this Stipulation for Entry of Judgment.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.c.
~. ~(#,
Marc W. Witzig fA AiIo"i ~~'1~?
2320 North Second Street
Post Office Box 60457
Harrisburg, PA 17106-0457
(717) 238-6570 Fax: (717) 238-4809
Attorney LD. No. 29929
Attorney for Defendant
a.d cwJt,fY'l ~- 1-<"
~ P ""ftYlL
Robert D. Kodak
407 North Front Street
Post Office Box #1/848
Harrisburg, PA /7108-1848
(717) 238-7151 Fax: (717) 238-7158
Attorney LD. No. 18041
Attorney for Plaintiff
:\USERIBONNI EJOIST/PI WORK\30524en~dg. wpd:26Apr05
4
t IV P ~
~ t -:-CJ
()
F ....... ~
~ 6""- ()
r-- -j-I
j ~ ~ pc ),:.,0
[:; 6"- -"0..,
0 --
~ E c~.
- I .\:-
R _."-'
~-,.'.
'---l... r-..)
.r:-
w
. .
OLD DOMINION FREIGHT LINES, INe.
Plaintiff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2004-03329 CML
DANIEL T. ROGERS
: CML DMSION - LAW
Defendant
To DANIEL T. ROGERS, Defendant(s)
You are hereby notified that on fYZ';::) ':;t / f
(Judgment) has been entered against you in the abo -captioned case.
, 20b~the following
DATE:
Judgment entered in the amount of $4.025.00 + interest from 7/1/04.
fL,,+,.,2 ~r
Prothonotary
drp/v(
I I
I hereby certify that the name and address of the proper person(s) to receive this notice is:
DANIEL l' ROGERS
C/O MARC W WITZIG ESQ
CUNNINGHAM & CHERNICOFF PC
POBOX 60457
HARRISBURG PA 17106-0457
N DAN1F.T T. ROGERS _ Defendido/a Defendidoslas
Por este medio se Ie esta notificando que el de de120~
el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de
residencia:
DANIEL l' ROGERS
C/O MARC W WITZIG ESQ
CUNNINGHAM & CHERNICOFF PC
POBOX 60457
HARRISBURG PA 17106-0457
Abogado del Demandante
OLD DOMINION FREIGHT LINES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2004-03329
DANIEL T. ROGERS,
CIVIL DIVISION - LAW
Defendant(s):
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned Judgment as settled and satisfied in full.
TO: Cumberland County
Prothonotary
Dated: October 10.2005
~
Robert D. Kodak
Attorney I.D. No. 18041
Attorney for Plaintiff
()
f;
.......,
~
c.:...,
~,
o
,,-)
-I
N
"
::11.:
~?
\1;;
..-----------