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Home My WebLink About02-0011F. \FILES\DATAFILEUCEEN.DOC1303-wa .I Created. 01/02/02 01:12:15 PM Revised: 01/02/02 01:16:45 PM 3034.303 PDQ TRANSPORT, INC., Plaintiff V. EASTERN XPRESS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.204- II CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED 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 Plaintiffs. 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, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON ARDORFF WILLIAMS & OTTO By Geo A2-LE-5squire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: January 2, 2002 PDQ TRANSPORT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 20A- II EASTERN XPRESS, INC., Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT 1. Plaintiff is PDQ Transport, Inc., a Wyoming corporation with offices located at Keen Transport, Inc., 1951 Harrisburg Pike, Carlisle, Cumberland County, PA 17013. 2. The Defendant is Eastern Xpress, Inc., a New Jersey corporation with offices at 595 Sweetland Avenue, Hillside, NJ 07205. 3. Plaintiff and/or its predecessor in interest, supplied services to the Defendant regarding the transportation of goods between December 6, 2000 and December 22, 2000. 4. The Plaintiff sent a total of ten different invoices to the Defendant totaling $29,487.55. 5. Payment is due at Plaintiff's office in Cumberland County, Pennsylvania. 6. Despite repeated demand for payment, no payment on the balance due of $29,487.55 has been forthcoming. (A copy of the customer account statement showing a balance due of $29,487.55 is hereby attached as Exhibit "A".) 7. The Plaintiff has performed all conditions precedent to any requirement that payment be submitted to Plaintiffs. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $29,487.55, plus interest at the legal rate and costs of suit. MAR By `'Cy George B. Faller, Jr., I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorney for Plaintiff WILLIAMS & OTTO Date: January 2, 2002 717-243-9493 KEEN TRANSPORT 445 P04 NOV 05 '01 14:26 Y n?.+ Y v ...., • • rlluwALK YCUSTUKM ACCOUNT INQUIRY 10 ' 48; 05 Customer 88I=B BUT= XPRESS, INC. U.S. DOLLARS Address 595 SMMTLAND AV8, SILL8IDE, NJ 07205 Contact 11/03/99 Telephone 908 851-9664 Last Payment: Date - 4/20/01 Check No. - 1600 Amount - 5,973.00 Current 30-60 Days 61-90 Days 29 ve87.55 Total Balance 29f48'7 .55 1 2 IL/ wolf vv 12/08/00 wovwv 0080925 ..ww . ", 0087058 M001469 Invoice 3 12/08/00 0080926 0087087 0016330 0016563 Invoice Invoice 4 5 12/13/00 12/15/00 0080975 0080995 0087154 0087145 WD01493 Invoice 6 12/15/00 0080996 0087157 N001497 0016553 Invoice Invoice 7 8 12/18/00 12/18/00 0081025 0081026 0087156 0087221 0016690 Invoice 9 12/20/00 0081053 0087191 D9001500 Invoice 10 12/22/00 0081069 0087144 0016499 Invoice Begin Display With D ate ------ > Begin Display With I nvoice #-> Begin Display With S ummary #-> 12=Return, F30acit, 74=Dsp Cowmmts, F6WDsp R,MLD"rs, ?F? .-- 2,348.50 1,650.00 1,950.00 1,557.60 3,220.00 3,200.00 1,850.00 3,362.70 2,625.00 0 00 0000000 2,348.50 1,650.00 1,950.00 1,557.60 3,220.00 3,200.00 1,850.00 3,362.70 2,625. + F9sprint Listing Exhibit "AP 717-243-9493 KEEN TRANSPORT 445 PO5 NOU 05 101 14:26 QPAf%Vt;(IS;, nRf)Tt;N ruuCUg'i nACCOUNT INQUIRY lU:4tl:U:? tOmM PDQWALK U.S. DOLLARS gTM WMSS, ZNC. Customer 87[1088 ZA BVS, 8ILL5ID8, NJ 07205 Address sgs ontact 11/03/99 Telephone 908 851-9664 Amount - 5,973.00 C Last Payment: Date - 4/20/01 Check No. - 1600 Over 90 Total Balance current 30-60 Days 61-90 Days 29,487.55 29,487.55 .,_, _-_. a& +f -- - - 12 1/03/01 0081173 0097305 500 invoice 31ONZ.av 47, Vii 6%#W 989 invoice 2,500.00 2,500.00 Begin Display With Date ------ > Begin Display With Invoice #-> 0090022 Begin Display With Sumirry #- p?gr?p?cint Listing r2=RetxMn, F3?i.t, P4=asp Cae?nts, r6RDsp VERIFICATION Kenneth H. Sheibley, who is Treasurer of PDQ Transport, Inc. and acknowledges that he/she has the authority to execute this Verification in behalf of PDQ Transport, Inc. certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. PDQ Transport, Inc. Kenneth H. Sheibley F: RLMDATAFD.ETMEN.DDCU03-cam.l ''EcEwEL DEC 12 2001 '1 r) wr CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, Via Certified Mail, Return Receipt Requested, addressed as follows: EASTERN XPRESS, INC. 595 Sweetland Avenue Hillside, NJ 07205 MARTSON DEARDORFF WILLIAMS & OTTO By Melin a A. Hall Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 2, 2002 O c; rnrr, ?- ' ,r - o ` -? La G N 01 1 0 A Na -a 1 C McCAUSLAND, KEEN & BUCKMAN By: Glenn S. Gitomer, Esquire Attorney I.D. No. 19287 Teresa Reid, Esquire Attorney I.D. No. 81010 Radnor Court, Suite 160 259 North Radnor-Chester Road Radnor, Pennsylvania 19087-5240 (610) 341-1000 PDQ TRANSPORT, INC. Plaintiff V. EASTERN XPRESS, INC. Defendant Attorneys for Defendant, Eastern Xpress, Inc. !Or lMM??rtlMA NJfMy M IM?Bri?(u? I r1-f }m Mttlf aeey f96f Aq? 6w NnEw Mr«4?e?wnN)?astr7M .nc.+.i.ptrt? eTT0 a __ r, COURT OF COMMON PLEAS -OF CUMBERLAND COUNTY, PENNSYLVANIA: CIVIL ACTION - LAW NO. 02-11 DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Eastern Xpress, Inc., by and through its undersigned counsel, McCausland, Keen & Buckman, hereby provides the following Answer with New Matter to Plaintiffs Complaint and in support thereof responds as follows: 1. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein and, therefore, it is specifically denied. 2. Admitted. Admitted in part; denied in part. It is admitted that Plaintiff provided service to Defendant at some time. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining allegations, and therefore, they are denied. Strict proof thereof is demanded at trial. 4. Admitted in part; denied in part. It is admitted that Plaintiff sent invoices to the Defendant. Any characterization of said invoices are specifically denied inasmuch as said invoices are writings which speak for themselves. By way of further response, after reasonable investigation, answering Defendant is without sufficient information or knowledge to form a belief as to the truth of the H:\Lit\EastXpress\Docs\ans-complaincdoc amounts contained in the invoices as said invoices have not been attached to the Complaint. Strict proof thereof is demanded at trial. 5. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in Paragraph 5 and, therefore, they are expressly denied. Strict proof thereof is demanded at trial. 6. Admitted in part; denied in part. It is admitted that Plaintiff has made repeated demands for payment and that Defendant has not remitted payment as demanded. After reasonable investigation, answering Defendant is without sufficient knowledge or information as to the truth of the remaining allegations contained in Paragraph 6 and, therefore, they are expressly denied. By way of further response, any characterizations of the customer account statement attached as Exhibit "A" to the Complaint is expressly denied inasmuch as said statement is a writing that speaks for itself. 7. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge or information as to the truth of the remaining allegations contained in Paragraph 7 and, therefore, they are expressly denied. Strict proof thereof is demanded at trial. WHEREFORE, Defendant, Eastern Xpress, Inc., hereby demands judgment in its favor and against Plaintiff, PDQ Transport, Inc., plus costs and such other and further relief as this Court deems just and appropriate. NEW MATTER 8. Defendant hereby incorporates its responses to paragraph 1 through 7 above as though fully set forth at length herein. 9. Plaintiff has failed to state a cause of action upon which relief may be granted. 10. Plaintiffs cause of action fails, in whole or in part, by the doctrine of waiver. 11. Plaintiffs cause of action fails, in whole or in part, by the doctrine of estoppel. 12. Plaintiffs cause of action fails, in whole or in part, by the doctrine of accord and satisfaction. 13. Plaintiffs cause of action fails by its own failure to perform all conditions precedent to any requirement for payment from Defendant. 14. Defendant does not owe a balance of $29,487.55 for any services provided by Plaintiff to Defendant. 15. Plaintiff failed to attach the invoices upon which its Complaint is based in violation of Pennsylvania Rule of Civil Procedure 1019(h). 16. Plaintiff's claims are barred by its breach of its own obligations to Defendant. 17. Plaintiff's claims are barred by the doctrine of mutual mistake and/or failure of the meeting of the minds. 18. At all times material hereto, Defendant has fully performed its obligations to Plaintiff. WHEREFORE, Defendant, Eastern Xpress, Inc., demands judgment in its favor and against Plaintiff, PDQ Transport, Inc., plus costs and such other and further relief as this Court deems just and appropriate. Respectfully submitted, McCAUSLAND, KEEN & BUCKMAN LENN S. GIT ER Attorney I.D. No. 19287 TERESA REID Attorney I.D. No. 81010 Radnor Court, Suite 160 259 North Radnor-Chester Road Radnor, Pennsylvania 19087 (610) 341-1000 Attorneys for Defendant, Eastern Xpress, Inc. JAN-25-2002 04:04PM FROM-McCAUSLAWKEENISUCKMAN 6103411018 7-995 P.002 F-082 VERMCATION I, Michael Kohn, taking this Verification subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, deposes and says that he is Vice-President of Eastern Xpress, Inc. and is authorized to take this Verification on behalf of Eastern Xpress, Inc., and that the facts vet forth in the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint are true and correct to the best of his knowledge, information and belief. MICHAEL KOHN Date: 1J 4 CERTIFICATE OF SERVICE I, TERESA REID, ESQUIRE, hereby certify that I caused a true and correct copy of the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint to be served on January 28, 2002, via first class mail, postage prepaid, upon the following: George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3093 TERESA REID w5 ° c> LL il cr. x n u FTILEU)ATAFILEU EN D00303-,e, lldm Cmamd. OV05102 1126:43 AM Ee wd. OL0/02 03:46.19 PM 4034T 303 PDQ TRANSPORT, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-11 CIVIL ACTION - LAW EASTERN XPRESS, INC., Defendant JURY TRIAL OF TWELVE DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 8. No response required. 9-14. Denied. To the contrary, see the averments stated in Plaintiff s Complaint. 15. Plaintiff will supply Defendant with a copy of the invoices to the extent that they are available. 16-18. Denied. To the contrary, see the averments stated in Plaintiffs Complaint. WHEREFORE, Plaintiff demands judgment in accordance with its Complaint. MARTSON DEARDORFF WILLIAMS & OTTO By J6L George B. Faller, Jr., 9squire I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February 7, 2002 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiff s Response to Defendant's New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Glenn S. Gitomer, Esquire McCAUSLAND, KEEN & BUCKMAN Radnor Court, Suite 160 259 North Radnor-Chester Road Radnor, PA 19087-5240 MARTSON D ARDORFF WILLIAMS & OTTO By 1(. Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 7, 2002 rJ ` CD F:1Ff LES?DATAFILEVKEEN. DOC1303-mot. wMtde Crewe& 02/05/02 11:2643 AM Revised: 06/28/02 03:3330 PM 3034T.303 PDQ TRANSPORT, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-11 EASTERN XPRESS, INC., CIVIL ACTION -LAW Defendant JURY TRIAL OF TWELVE DEMANDED PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF DEFENDANT'S CORPORATE REPRESENTATIVE 1. Plaintiff's Complaint was filed on or about January 2, 2002. The Complaint alleges that Defendant is liable to Plaintiff for failure to pay certain invoices for shipping costs performed by the Plaintiff. 2. Defendant filed an Answer with New Matter denying liability on or about January 28, 2002. 3. In order to determine the basis of Defendant's failure to pay, Plaintiff set the deposition of the corporate representative for June 10, 2002. A copy of that Deposition Notice is attached hereto as Exhibit "A." 4. Shortly before that deposition, Plaintiff's counsel was contacted by counsel for the Defendant asking that the deposition be rescheduled to June 24, 2002. A copy of that Deposition Notice rescheduling the deposition for June 24 is attached hereto as Exhibit "B." 5. On the morning of June 24, 2002, Plaintiff's counsel was contacted by counsel for the Defendant indicating that she had problems communicating with her client and that no one would be appearing for the deposition at 2:00 p.m. on June 24, 2002. WHEREFORE, Plaintiff requests that the Court issue an Order requiring a corporate representative of the Defendant to appear for a deposition at the offices of Martson Deardorff Williams & Otto within 30 days of the date of the Court's Order. MARTSON DEARDORFF WILLLAMS & OTTO By ? r Geor B. Faller, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: F:WU-MXDATAFUZMBEN.D00003-1o p.d.pI/rny Cteatad: 03/13/03 03:3]:13 PM 14vi=& 03/13/02 03:43:30 PM 30347.303 PDQ TRANSPORT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-11 EASTERN XPRESS, INC., CIVIL ACTION -LAW Defendant JURY TRIAL, OF TWELVE DEMANDED TO: A CORPORATE REPRESENTATIVE OF EASTERN XPRESS, INC., Defendant, and their attorney, TERESA REID, ESQUIRE NOTICE TO TAKE DEPOSITION PLEASE TAKE NOTICE that pursuant to Pa. R.C.P., 4007. 1, the undersigned will take the deposition ofa Corporate Representative ofEastern Xpress, Inc., most knowledgeable about the lack of payment of the invoices referenced in the Complaint and which invoices were supplied to Plaintiffs counsel or Defense counsel on 3/8/02, in the above captioned action, upon oral examination, for the purpose of discovery or for use at trial in the above action, before a person authorized to render an oath or before some other person so authorized, at the Law Offices of MARTSON DEARDORFF WILLIAMS & OTTO, 10 East High Street, Carlisle, PA 17013 on Monday, June 10, 2002 at 2:00 p.m. on all matters not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action and that the above named is requested to appear at the aforesaid time at the above address to submit to examination under oath. MARTSON DEARDORFF WILLIAMS & OTTO BY - e 1 George B. Mier, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: May 13, 2002 cc: Central Pennsylvania Court Reporting (Via Facsimile 258-0383) EXHIBIT "AI' F:\FILESIDATAFILEWKEEN.DDC 303-wry,dept/pry Crcaft& 05/13/02 03:32:13 PM Revised: 06110/02 10:20:22 AM 3034T.303 PDQ TRANSPORT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-11 EASTERN XPRESS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL OF TWELVE DEMANDED TO: A CORPORATE REPRESENTATIVE OF EASTERN XPRESS, INC., Defendant, and their attorney, TERESA REID, ESQUIRE REVISED NOTICE TO TAKE DEPOSITION PLEASE TAKE NOTICE that pursuant to Pa. R.C.P., 4007. 1, the undersigned will take the deposition ofa Corporate Representative ofEastem Xpress, Inc., most knowledgeable about the lack of payment of the invoices referenced in the Complaint and which invoices were supplied to n Plaintiff's counsel or Defense counsel on 3/8/02, in the above captioned action, upon oral .-, -, examination, for the O purpose of discovery or for use at trial in the above action, before a person authorized to render an oath or before some other person so authorized, at the Law Offices of MARTSON DEARDORFF WILLIAMS & OTTO, 10 East High Street, Carlisle, PA 17013 on Monday, June 24, 2002 at 2:00 p.m. on all matters not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action and that the above named is requested to appear at the aforesaid time at the above address to submit to examination under oath. MARTSON DEARDORFF WILLIAMS & OTTO BY j, George B. Faller, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: June 10, 2002 cc: Central Pennsylvania Court Reporting (Via Facsimile 258-0383) EXHIBIT "B" VERIFICATION George B. Faller, Jr., Esquire of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Motion to Compel are true and correct to the best ofhis knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. George B. Faller, Jr., Esquire CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiff's Motion to Compel Deposition of Corporate Designee was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Teresa Reid, Esquire McCAUSLAND, KEEN & BUCKMAN Radnor Court, Suite 160 259 North Radnor-Chester Road Radnor, PA 19087-5240 MARTSON DEARDORFF WILLIAMS & OTTO By Tric' Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: d as, Lodz CrY'- C PDQ TRANSPORT, INC., Plaintiff vs. EASTERN XPRESS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-11 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL DEPOSITION ORDER AND NOW, this P' day of July, 2002, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, ..8. f. IN RE: SPECIAL ASSIGNMENTS IN THE COURT OF COMMON PLEAS OF OF DISTRICT JUSTICES CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-180 CIVIL TERM ORDER OF COURT AND NOW, July 8, 2002, the following special assignments of District Justices are made: Thomas A. Placey, District 3-4, specially assigned to preside in Districts 1-1, 1-2, 2-1, 3-1, 3-2, 3-3, and 3-5 for the period beginning Au gst?5.2002, and continuing to midnight August 11, 2002. 2. Susan K. Day, District 3-3, specially assigned to preside in Districts 1-1, 1-2, 2-1, 3-1, 3-2, 3-4 and 3-5 for the period beginning August 12, nm, and continuing to midnight August 18, 2002. 3. Charles A. Clement, Jr., District 1-1, specially assigned to preside in Districts 1-2, 2-1, 3-1, 3-2, 3-3, 3-4 and 3-5 for the period beginning August 19 2002, and continuing to midnight August 25, 2002. 4. Paula P. Correal, District ?-1, specially assigned to preside in Districts 1-1, 1-2, 3-1, 3-2, 3-3, 3-4 and 3-5 for the period beginning August 6, 2002, and continuing to midnight Member L 2002. 5. Robert V. Manlove, District 1-2, specially assigned to preside in Districts 1-1, 2-1, 3-1, 3-2, 3-3, 3-4 and 3-5 for the period beginning Member 2 200 , and continuing to midnight September 8, 2002. 6. Harold E. Bender, District 3-1, specially assigned to preside in Districts 1-1, 1-2, 2-1, 3-2, 3-3, 3-4 and 3-5 for the period beginning S= mb r 9, 2002, and continuing to midnight Sgptember 15 2002, 7. Gayle A. Elder, District 3-5, specially assigned to preside in Districts 1-1, 1-2, 2-1, 3-1, 3-2, 3-3 and 3-4 for the period beginning Sotember 16, 2002, and continuing to midnight SQptember 22, 2002. 8. Helen B. Shulenberger, District 3-2, specially assigned to preside in District 1-1, 1-2, 2-1, 3-1, 3-3, 3-4 and 3-5 for the period beginning Member 2 00 , and continuing to midnight Sgptember 29.2002. It is understood that each of the assigned District Justices shall have full power and authority to preside in their own districts during the period their assignment elsewhere, and further, that the presiding District Justices of the various districts of which another District Justice is assigned to the said district. The purpose of these assignments is to provide an available District Justice in each of the districts on a continuing and continuous basis. F:\FILFS\DATAFILB\Keen\Docu ems303. statemrnll/nlm Creamd. 1014/05 2'.50PM Redscd'. 1014/05 3.35PM 3034T303 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PDQ TRANSPORT, INC., Plaintiff V. EASTERN XPRESS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-11 CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED PLAINTIFF'S STATEMENT OF INTENTION TO PROCEED This case involves the collection by the Plaintiff of a debt from the Defendant. 2. Shortly after the case was filed and an appearance was entered for the Defendant, the Plaintiff received a Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors & Deadlines (A copy of that Notice is hereby attached as Exhibit "A.") 3. An automatic stay should have been in effect, but a suggestion of bankruptcy has never been filed by the Defendant. WHEREFORE, Plaintiff objects to the termination of this case and states its intention to proceed if and when the automatic stay from the Bankruptcy Court is lifted. MARTSON By Geor4tZ. Faller, Jr., I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Date: October 4, 2005 Attorneys for Plaintiff FORM R9D (Chanter 7 Cmmoratinn/l'artnemliin Asset Casel (9/97) ('i.. N-k-09-19AC4-MAC UNITED STATES BANKRUPTCY COURT DISTRICT of District of New Jersey A bankruptcy case concerning the debtor(s) listed below was originally tiled under chapter I 1 on 8/1/02 and was converted to a case under chapter 7 on 1/27/03. You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the bankruptcy clerk's office cannot give legal advice. See Reverse Side For Im rtant Explanations. Debtor(s) (name(s) and address): Eastern Xpress, Inc 595 Sweetland Avenue Hillside, NJ 07205-0000 Social Security Number(s)/Taxpayer Ill(s): United States Bankruptcy Judge: (Eastern Xpress, Inc) Honorable Morris Stern 22-3208930 Attorney for Debtor(s) (name and address): Tmstee: Bruce W Radowitz. Charles Forman LaPenna Radowitz Forman, Holt & Eliades LLC 2414 Morris Ave, 3rd Floor 218 Route 17 North Union, NJ 07083 Rochelle Park, NJ 07662 Telephone number: 908- 687-2333 Tele hone number: 201845-1000 '11f CN* '' F P ? s ? ? ? .£ : ).. , • ik vv, r,. ,: ,,, ,», ,' ..-.. , , Date: June 11, 2003 Time: 09:00 AM Location: Office of the US Trustee, Raymond Blvd., One Newark Center, Suite 1401, Newark, NJ 07102-5504 d€ Irv t 31.i iA 3 s gpFy`.? I W Ai ^ £? 'V1,11' ikkb - %,s Proof of Claim must be received by the bankruptcy clerk's office by the following deadline: For all creditors(except a governmental unit): 9/9/03 For a governmental unit: 180 days from date of order for relief. 1 I U.S.C. § 502(b)(9) All claims actually tiled by creditor before conversion of the case are deemed filed in the chapter 7 case. C"k The filing of the bankmptey case automatically stays certain collection and other actions against the debtor and the debtor's property. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Address of the Bankruptcy Clerk's Offiee: MLK Jr Federal Building Clerk of the Bankruptcy Court: 50 Walnut Street James J. Waldron Newark, NJ 07102 Telephone number: 973-645-4764 Business Hours: Date: 5/5/03 8:30 AM - 4:00 p.m., Monday - Friday (except holidays) Exhibit "A" 033751 EXPLANATIONS FORM lion 1Qvo771 Proof of Identification Important notice to individual debtors: Effective March 1, 2002, all individual debtors must provide picture and Social Security identification and proof of social security number to the trustee at the meeting of creditors. Failure to do so may Number result in our case being dismissed. Filing of Chapter 7 A bankruptcy case under chapter 7 of the Bankruptcy Code (title 11, United States Code) has been tiled in this court Bankruptcy Case b or against the debto s listed on the front side, and an order for relief has been entered. Creditors May Not Prohibited collection actions are listed in Bankruptcy Code §362. Common examples of prohibited actions include Take Certain Actions contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or obtain property from the debtor; repossessing the debtor's property; and starting or continuing lawsuits or foreclosures. Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor's representative must be present at the meeting to be questioned under oath by the trustee and by creditors. Creditors are welcome to attend, but are not required to do so. The meeting may be continued and concluded at a later date without further notice. Claims A Proof of Claim is a signed statement describing a creditor's claim. If a Proof of Claim form is not included with this notice, you can obtain one at any bankruptcy clerk's office. If you do not file, a Proof of Claim by the "Deadline to File a Proof of Claim" listed on the front side, you might not be paid any money on your claim against the debtor in the bankruptcy case. To be paid you must file a Proof of Claim even if your claim is listed in the schedules tiled b the debtor. Liquidation of the The bankruptcy trustee listed on the front of this notice will collect and sell the debtor's property. If thetrustee can Debtors Property and collect enough money, creditors may be paid some or all of the debts owed to them, in the order specified by the Paymentof Creditors Bankruptcy Code. To make sure you receive any share of that money, you must file a Proof of Claim, as described Claims above. Bankruptcy Clerk's Any paper that you file in this bankruptcy case should be tiled at the bankruptcy clerk's office at the address listed Office on the front side. You may inspect all papers filed, including the list of the debtor's property and debts, at the bankruptcy clerk's office. Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. You may want to consult an attorney to protect our rights. -- Refer r id f Important Deadlines Notices Undeliverable Notices. Undeliverabbe notices will be sent by return mail to the debtor. It is the debtor's responsibility to obtain the party's correct address, resend the returned notice, and notify this office of the party's change of address. Failure to provide all parties with a copy of this notice may adversely affect the debtor as provided by the Bankruptcy Code. Case information - tele phone access. Case summary information can be obtained from any touch tone telephone by calling the automated Voice Case I nformation System (VCIS) at the toll free number: 1-877-239-2547. This service is five of charge and is available 24 hours a day. Case infnrrnatinn - 1 r,ni • a s Case summary and docket information can be obtained from the Public Access to Court Electronic Records(Pacer) System. To registeror for more information, please call the Pacer Billing Center at 1-8(A)-676-6856 or visit the Pacer Web Site: http://pacer.pse.uscourts.gov. Internet access. Additional information may be available at the Court's Web Site: htti)://www.nib.uscourts.pov. 033751 22708033819016 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiff s Statement of Intention to Proceed was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Glenn S. Gitomer, Esquire Teresa Reid, Esquire McCAUSLAND, KEEN & BUCKMAN Radnor Court, Suite 160 259 North Radnor-Chester Road Radnor, PA 19087-5240 MARTSON DEARDORFF WILLIAMS & OTTO i By ? Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 4, 2005 I N Cl ?? cn ' r-IT CD -] -ii N i s +JTILES\CGents\3034 Kern\Mcumans1303.lntrntiontoproc od.wpd Created: 9/20/04 0:06PM Revised: 10/6/08 3:53PM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff PDQ TRANSPORT, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-11 CIVIL ACTION - LAW EASTERN XPRESS, INC., ; Defendant JURY TRIAL OF TWELVE DEMANDED STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: PDQ Transport, Inc. intends to proceed with the above captioned matter. MARTS LAW OFFICES Date: October 6, 2008 By George B. 1'aller, Jr., I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 0- . .` CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Plaintiff s Statement of Intention to Proceed was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Teresa Reid, Esquire McCAUSLAND, KEEN & BUCKMAN Radnor Court, Suite 160 259 North Radnor-Chester Road Radnor, PA 19087-5240 MARTSON LAW OFFICES BY r- ?111(1?1.?. Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 6, 2008 ?? J