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HomeMy WebLinkAbout10-7572COMMONW>CALTti OF PENN3YLYANIA COURT OF COMMON PLEAS Judicial ©istrict, County Of (" °- ' i t `' r t ~ ~ ~~ + ` 1-~, NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUdGE JUi?GMENT Cf}MMON Pt_EAS tVa. ~y = ~~7 MQTICE OF APPEAL NetCe :s given ttrat the appettant has t•1ed an the above t:otsrt of Common Pleas an appeal from the?~sdgmpnt renderr?d !,y the ~Aac~fsterial L~rstrict .iudge c+n the date and in the cases raferenCed taelow ~3t'tc{ ~'l ttifi:'~ :wry ~-~ iuocnrrrrrr i ( ~ ty<~ ~ ztt.~ l t. ~~ ~ r. _ ~ 1 ~. r; ~~ ~ ~>~.~ - ~ t.~ I ra -t i- t~,~ '1 ri: 1 }~.~,t`tirti 3his black will be sitJned 4t~iLY wtsetr this nCtir't~4n +s required under~'a. If a~poltant was Ctaierrani r'see Pa. f?C.~.f~.1 NU 700'!;6) an action R.i,.F 1.J. N©. tOt}8i3, This Nctiae of wppaal, wtuurn recevsd by the Nfagisterial t3istnct Judge, will before a Magisterial FJrstrict Judge: A CGkMPt.At,NT ~14?.15; 8E F1t_PC. ope~ratc as a S~J~`€'t75E~F~AS tc~ Che ~uctgment for possession In this case- svathxr twenty :'a) tfays ahrr fitr»g the NBC TdCE of APPFA! _. _r_...,__........._..~. $t~aru'H r,J d'~OtrOnrkdry• p~ L~6LwN PRAECIPE TD ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (i hrs ~echon ~f tcxrn tc fre t~sari C}N!. Y when aApeltar~t was d€F€NL)AN7 (see r'7a.f? G ~' C J N© 1(}Oi(7) !r~ ar.tron hAtprq magi&ter)dl DistrPCt ..rudga rE lUU7 USED. rlRtarh trcim craay of notice Crf aApeaJ io be setvF<ri trpdrr ,~pUet7orr PRAECIPf: TC Prct~onotary E'?tar rtrlr; upon: ~ t'S ~•' }~ ~-~ ? T i j t? ° •~~ ~ (~ tj r r ak~sellee{s j, tt~ fits a :.ompdainr i.Rt this appeal 1~1rd1f1wC Or c'(OQE7tBYl (3f rCommcn Pleas No / Q `7 S ~ o'- ) aria twenty (<t3j days after sarvrc€ of rule or cuff r try ~`ludz~ , n/t o€ non pros. ~,J-~_~ 5rgnature of apnt?lt~ntnr :~ttcardaRy pr ,~gertt RULE: 'sa ~ ~ ~; F~ f# t Tl~ ~ E't~3 - ~ I. ~J ~~ t~ , appelleefs} ~'~*i»e of aixn71m7s7~ __ (t l Yoh err, notified tt:at a rule is t?ereby entered upon you to ble a ~mptatnt in *.hrs appeat w}ttrin twenty (2Q; days after ft?e date of service of fns rule upon you t;~~ personae servrCe or 13y Certified or registered mail. (2j If yr~u do not fi6c~ a complaint witftin thin time., a .JIJf]GMFNT OF NC7N PRC?~ MAY SE ENTFREt~ AGAINST YOtJ. 3} 7"ha date? of s.flrvice of tif~s rulta rf service was by mail is the date ^f the rn2iintJ. late t'~, g ~ , ~a. ~~ . ._ T~,> .. r pl 'gna.~trre or F~rvthpoPf~3' ~f ihN YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDiGMEMTJTlRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ~.a r 'rf + 1 C1 =y1 `a l t~ lit-Ii{ try{ Iti. ~~~.tltltJ `j~Fif ti'i. {= d,t ,'> ~ ~ s,. ;~,~'t air, ate-~5 FiLE~-ElF't=li: TNT PROTFfQt~~~'t~~; ' 201Q DEC -9 AM 9~ 03 `:l1MB~RLA~D CUU~; `t° ~'ENNSYLVA~tiA c~sl~ ~~ ~-.~,1~1~ r . • R ~'' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of JudgmentlTranscript Civil Case Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Therrell Stewart 906 Strock Drive Mechanicsburg, PA 17055 Disposition Summary Docket No Plaintiff Defendant MJ-09305-CV-0000343-2010 Ibrahim M Alhaj Therrell Stewart Judgment Summary Joint/Several Liability Individual Liability Participant Ibrahim M Alhaj $0.00 $0.00 Therrell Stewart $0.00 $656.50 Ibrahim M Alhaj v. Therrell Stewart Docket No: MJ-09305-CV-0000343-2010 Case Filed: 9/8/2010 Disposition Disposition Date Judgment for Plaintiff 11 /09/2010 Amount $0.00 $656.50 Judgment Detail ~*PostJuagment) In the matter of Ibrahim M Alhaj vs. Therrell Stewart on 11/09/2010 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component JointlSeveral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $560.00 $560.00 Costs $0.00 $12.00 $12.00 Filing Fees $0.00 $84.50 $84.50 Grand Total: $656.50 -~~ ~ n. c.~ 'a~ t. T ~ ° --t ~~ !~ ~~ ^~ ~ t , ~ ~ .~. Za. C7 ',n ~: •• dfTt ~ ~ ;,J ~ MDJS 315 Page 1 of 2 Printed: 11/10/2010 2:23:26PM ~~ _ ~ . s Ibrahim M Alhaj Docket No.: MJ-09305-CV-0000343-2010 v. Therrell Stewart ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ ~ -~'~ Date ////~ h, /h~i,.~L Magisterial District Judge Mark Martin b.,;~. o =° '' n:O 2 -~~ t~ ,~E~3! I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 2 of 2 Printed: 11/10/2010 2:23:26PM OF T IL R -OFFICE 2010 DEC ' ?? TA R A1111 10 C"BERLAMD CO PENNSyLVANIUNTv PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF tjU y,(J'jK?„_, ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served I4 rJ a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on (date of service) =4, 2010 , a by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) lb r on i m m, A l ha' I ,,e0 Q W rtm by personal service? by (certified) (registered) mail, sender's receipt attached hereto. THISVA- A ROF D220 SUVPCRIBED /V BEFORE ME i nature of official before whqfn affidavit was made NO?Ory A10Ne •IINII? IIIIIR tai COMM'r MONpOM1 1100"s on •. 1N 1 Title of official Signature of affia My commission expires on LO L, 20 / AOPC 312A - 05 EII_ED"CFFIIC oaf T I«E PPOTHON0TA Ay ?UMBER Lfi- NND COUNTY PENNSYLVN't } Ibrahim M. Alhai Therrell Stewart IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 10-7572 Civil Term NOTICE TO DEFEND 20 10 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Ibrahim M. Alhaj Plaintiff vs. Therrell Stewart Defendant Case No.: 10-07572 Civil Complaint in Civil Action FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Keith B. DeArmond, 58878 DeArmond & Associates 11 East Market Street, Suite 300 York, PA 17401 (717) 846-3200 FAX: (717) 845-4100 COMPLAINT ?. Plaintiff, Ibrahim M. Alhaj is an adult individual residing at 711 Sinclair Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is an adult individual residing at 906 Strock Drive, Mechanicsburg, PA 17055. s. Defendant requested a loan from the Plaintiff in the amount of eight hundred dollars ($800.00) and received said sum on or about February of 2009. 4. Defendant made two payments totaling two hundred and forty dollars ($240.00) on the aforementioned loan. 5. Defendant ceased making payments and Plaintiff demanded payment of the balance due of $560.00. 6. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. 7. After a hearing before the Honorable Mark Martin, judgment was entered against the Defendant in the amount of $560.00 plus costs of $12.00 and filing fees of $84.50 for a total of $656.50. WHEREFORE, the Plaintiff prays for Judgment in his favor and against Defendant, Therrell Stewart, individually, in theamstrM of $656.50. By: Keith B. eArmond, 58878 DeArmond & Associates 11 East Market Street, Suite 300 York, PA 17401 (717) 846-3200 FAX: (717) 845-4100 The undersigned does hereby verify subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsifications to authorities, that he is Ibrahim M. Alhaj, plaintiff herein, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. Ibrahim M. Alhaj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Ibrahim M. Alhaj Case No.: 10-07572 Civil Plaintiff Complaint in Civil Action vs. Therrell Stewart Defendant CERTIFICATE OF SERVICE I hereby certify that on the --a-A day of _ 20_t( , I served true and correct copies of the Complaint, by first class mail, postage prepaid, upon the respective last known address of each person set forth below: Mr. Therrell Stewart 906 Strock Drive Mechanicsburg, PA 17055 DeArmord-& Associates i By: Keith B. DeArmond, 58878 DeArmond & Associates 11 East Market Street, Suite 300 York, PA 17401 (717) 846-3200 FAX: (717) 845-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IBRAHIM M. ALHAJ, PLAINTIFF, CASE NO. 10-7572 VS. CIVIL ACTION - LAW THERRELL STEWART, DEFENDANT NOTICE TO PLEAD You are hereby notified to file a written response to the within New Matter within twenty (20) days of receipt hereof, or judgment may be entered against you. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IBRAHIM M. ALHAJ, PLAINTIFF, CASE NO. 10-7572 VS. CIVIL ACTION - LAW THERRELL STEWART, DEFENDANT ANSWER AND NEW MATTER AND NOW, comes the Defendant, Therrell Stewart, and makes the within Answer and New Matter, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, Denied in part. It is admitted that, in or near early February, 2009, the Defendant accepted a loan from the Plaintiff in the amount of $800. However, on or about July 16, 2009, the Defendant, who was at the time a long-haul truck driver, was called by the Plaintiff with regard to Plaintiff's need to have a piece of machinery/equipment, specifically a small bobcat tractor, transported from the area of Spokane, Washington, to Mechanicsburg, Pennsylvania. At that time, the parties entered into a verbal agreement whereby the Defendant agreed to secure a load or series of loads which would end in or near Spokane, Washington. In Washington, the Defendant was to retrieve Plaintiff's load and return to Pennsylvania. The parties agreed that, in lieu of repayment of the loan to the Plaintiff, the Defendant should consider that he had received $800.00 upfront payment for his services. Attached hereto as Exhibit "A" are Defendant's fuel receipts and travel logs from July 16, 2009 through July 22, 2009, which show that the Defendant left from Carlisle, Pennsylvania on July 17, 2009, and arrived in Spokane, Washington, on July 20, 2009. 4. Admitted in part, Denied in part. It is admitted that the Defendant refunded payment in the amount of $240.00 to the Plaintiff, but it is specifically denied that those payments were payments against a loan. On the contrary. the loan from Plaintiff to Defendant was fully resolved when Plaintiff requested that Defendant consider that the $800.00 paid to him would be advance payment for transportation services. The load which the Plaintiff and Defendant entered into a contract for was cancelled by the Plaintiff sometime after the Defendant arrived in Washington to retrieve it. Therefore, the Plaintiff was charged a fee for a truck order not used, an industry standard which ensures that drivers are compensated when a load is cancelled after the driver has arrived at the pick-up destination. In the instant matter, as a result of Plaintiff's failure to cancel the load prior to Defendant's arrival in Washington, Defendant lost two days while he secured another load or series of loads to travel home. The Plaintiff was charged $250.00 per day for lost time and $60.00 in fuel expenses for travel from Spokane to Wenatchee, Washington, where Defendant was able to secure another load on July 22, 2009. Plaintiff was, therefore, charged a total of $560.00 and refunded the amount of $240.00 of the advance payment. Attached hereto as Exhibit "B" are several examples of standard "truck order not used" fees, which support Defendant's contention that the same is an industry standard. 5. Denied. It is specifically denied that the Defendant ceased making payments in this matter. On the contrary, the Defendant does not owe any debt whatsoever to the Plaintiff. 6. Denied. It is specifically denied that the Defendant has failed and/or refused to make payment on a debt to the Plaintiff. On the contrary, the Defendant does not owe any debt whatsoever to the Plaintiff. 7. Admitted. By way of further answer, Defendant has appealed Magisterial District Judge Martin's ruling in this matter. WHEREFORE, for all of the foregoing reasons, Defendant, Therrell Stewart, respectfully requests this Honorable Court enter Order in favor of the Defendant and dismiss Plaintiff's complaint with prejudice. NEW MATTER 8. The averments contained in Paragraphs 1 through 7 above are incorporated herein by reference as though more fully set forth at length. 9. At the time that Plaintiff requested Defendant to retrieve a load for him in Washington, Defendant explained that it was not in his normal course to travel to Washington because return loads from that region were unreliable. 10. Upon returning from the trip to Washington, Plaintiff did not request a refund of any funds. 11. Many months following the Washington trip, Plaintiff approached Defendant for return of some funds because, Plaintiff claimed, he had been injured and required medical treatment which was causing him financial hardship. 12. The parties agreed that the Defendant was entitled to compensation for the lost time and cost of fuel which resulted from the cancellation of Plaintiffs load. 13. As a courtesy, and in consideration of the parties' friendly relationship, the Defendant refunded payment to the Plaintiff. in the amount of $240.00 over the course of two payments. 14. Thereafter, the Plaintiff, apparently finding himself in financial hardship, began requesting additional payments from the Defendant. Defendant maintains that the Plaintiff is not owed any fund WHEREFORE, for all of the foregoing reasons, Defendant, Therrell Stewart, respectfully requests this Honorable Court enter Judgment in his favor and against the Plaintiff and dismiss Plaintiffs Complaint with prejudice. Respectfully submitted: Therrell Stewart, pro se Exhibit "A" 1: Offoun TTP tr two 77 >~ Billim Date f Tractor Number Trailers Number(s) ©I detect no defect or deficiency in this motor vehicle that would be m I detect the following defects or deficiencies in this motor vehicle that likely to eifeCt the safety, of its operation or result in its mechanical would be likeiy+ to affect the safety of its operation or result In its breakdown. mechanical breakdown, Indicate whether the defect(s) is on the tractor or trailer. Describe the defect(s) in detail, use brick side N necessary 'Driver's signature • above defect(s) corrected • above defect(s) need not be corrected for safe operation of vehicle Driver reviewing repairs Mechanic's signature Signaturei'date white File each day at hornse terreinal yellow Drl%w retains In hls possession for eW clays 0 ropyngM 2 W . 1 & R1bfm0W1 by S. J. KELLER R ASSOCIATES, INC., Neenah. WI (890) U7-6M • Prinkd m USA i IN. lli it '1560004= jL; 5 3 5 ??- w TMWNNW 1: OFF DUTY -7 T x 8t!'m at con 4: ONOM iNoT?lifyratl . I . . I . . I . 1. . I , REMARKS: ?'Drivees signature ? above defect(s) corrected f7 above defect(s) need not be axrected for safe operation of vehicle Driver reviewing repairs Mechanic's signatures Signature/date white File each day at home terminal yellow Driver retains in his- possession for eight days Copyright 2003 A f1t0loW t!y J. J. KELLER R ASSOCIATES. INC., NeaMh, WI • IWO) 327-SHO + Pmtpd in USA DB1lE31'$ Isl11LY L" Nfib be Scanned ? (24 HOURS) Please Print Clearly itViBtirt the 80X*1 d1" ECONOMY TRANSPORT INC. Aft) 271.5 N. MA DID 1. AVE. TAMPA, FL 33607 r--te A?mw Yw 7osiMantsn TY 1: OF DUTY k ltEtPFR 3c rl4VM nxrrsnty I?t s Date 1 ?!! Tractor Number ?- Trailers Number ;3)`-( r? I detect no defect or deficiency in this motor vehicle that would be © I detect the foikrwirig detects or deficiencies in this motor vehicle that liket to affect the safety of its operation or result in its mechanical would be likely to affect ttis satety of its operation or resuft in its breakdown. mechanical breakdown. indicate whether the defect(s) is on the tractor or trailer. Describe the defect(s) in detail, u1?. a back side 0 necessary ''Driver's signature ? above detect(s) corrected ? above detect(s) need not be corrected for safe operation of vehicle Drtver retAewfrtg repairs Mechanic's signature Signatureldate Balm's BMT IN Will be Scanned (24 HOMS) Please Print Clewty Within the Boozes °;. ECONOMY TRAN1SPOWr INC. ' 2715 N. MACDILL AVE. - TAMPA, FL 33647 r,. white Files each day at home termLvat yellow Deriver retains In his- posseselon for eWd clays PCopyNtV 20W & Piblishsd try J, S. KELLER 6 ASSMIATES. INC;.., Meanoh, rod • 1600, 3"-6068P4ftO M USA M iWPOR •756IU, tknh Yew Terri MWDA" Ta ft Trtlr Nte61r taarw tD n?1rNCWr ?, ,T ?:. r: OFF DtM 2: 911.1111!!111111111t FT9 3C ON" Date ! ! Tractor Number '? 5 Trallar snbe s D ??? C31 defect no detect or deficiency in this motor vehicle that would be C:3 I detect the following detects or deficiencies in this motor vehl* that Ilk* to affect the safety of Its opttion or result in its mechanical would be likely to affect the safety of its operation or result in its breakdown. mechanical breakdown. Indicate whether the defect(s) is on the tractor or trailer. Describe the defect(s) in detaill, use back side H necessary *Ddvoes sonature ? above defect(s) corrected • above defect(s) need not be corrected for safe operation of vehicle review ing repairs FD Mechanic's signature ureldate _ white File each day at home terminal yellow Driver retains In his possession for eight days 0 Copyn7ht 20M b Pub1Wled by J. J KELLER Q ASSOCIATES, €n1C., Neenah. WI.1800 327-3896 - Printed in USA 's OMY im Will be Scwuwd (21 HOURS) Please Print Cis" wdm the Bo=ss ECONOMY TRANSPORT INC. ADDRSS 2715 N. MACH. AVE - TAMPA, FL 33607 1: ON elrhY E I I 1 l 1 I I 1 1 1 r 1' 1 1't 1 1 t i F x tttmet t 1 1 OEM tit 4L 4L 7 7777777777 ?qh I I t I I t t 1 1 1 4 6 Date / o ; I C Tns Number?f ((i -4 Trailer(s) Nurnbsr(s) .? ! -,® Carl detect no deter! or deficiency In this motor vehicle that would be o 1 detect the following defects or defclenoas in this motor vehicle that likely to affect the safety of its operation or result in its mechanical would be likely to affect the safety of its operation or result in its breakdown. mechanical breakdown, indicate whether ate defecl(s) is on the tractor or trailer. Describe the detect(s) in detail. use back side it necessary `privet's sw-akne W O above defect(s) corrected O above defect(s) need not be corrected for safe operation of vehicle Driver reviewing mpaim Mechanic's signatum Si9naturddafs white FHe each day at horns terminal yellow Oriver retains, In his possession for elot days OCAVwIght 2003 S PuNished bI J. J. KELLER d ASSCICIATES, INC. Nsen . wf - 0001337 UatE.N - l M USA • •s OMY I" Val be scanned (24 iiP3l RS) Plaaa p dfd 00 rty WI"WI par so= ¦ c ECt?MW TRANSPORT INC. 2715 N. MACUL1. AVE. - TAMPA. FL, 33607 LA! (a S x11 1 E ..- ra,_D !11111 lpill t: 0!F OW -& 2 tltl'LIlIt T 7P tt ii !>Y Wiyer's Vehicle In tlOn R@ rt As T uwed by the D.O.T. Federal Motor Carft Sat* Reyuiadons Data ! off- dd5 Tractor narrnber 1 Trailer(s) Numbet(sy a detect no detect or deficiency in this motor vehicle that would be c= t detect the following detects or deficiencies In ttds motor vehicle to likely to affect the safety of its operation or result in its mechanical would be likely to affect the safety of its operation or result in its breakdown, mechanical breakdown. IrKkate whether ffte detect(s) is on the tractor or trailer. Describe the defect(s) In detail, use brads side it necessary 'Driver's 0 above defect(s) corrected Q above defect(s) need not be corrected for safe operation of vehicle Driver reviewing rapairs Mechanic's sbWWure Signatureedate white Me each chary at borne terminal yellow Driver rodtins In We posseeaIon for eight days 0 Copy t 2003 b Puha WI by J J KELLER b ASSOCIATES, INC, Ne"h, W (90) 327-SBW • Ported in USA 11>n? OI} Yaur TuW Mka D*ft T** TMWNenbs tr etr7dG Mn='A DAILY I= WHt be scanned l24 it0URS1 Ptease Print CMrly Wuhan the BOX44 -CONOMY TRANSPORT INC. As 115 N. MAMILL AVE. - TAMPA, FL 33607 to 1C i[ .13/ _?! ?"? e=r t; ?aunr ? ?. . z tue®eR t' / 3- MM LL ij. illi biJiY Q . MD. 4 9 19 11 moo" 4 10 11 a Y I? ????11•'' • ? ? - `?v -? 9 t?aY7 L tfY4?NUef ? IMIISYfiia?fB9?'-?A'. a 1 , fR-`-`QM? '?a71?14yvcfoe Drat ¦ {?r?ntl Fdr>i hm Mrairel UeE Tar! ST#jwaW AT WW TERMBWt - _ ¦ DuplFCete Dderrouilnn in Nemar pouesiwr fur Wa wars E111 „? Lading or Manifest Number Shipper & Commodity-.-----.-- 11-L-2-1- r.. wiz w.. 3 R.4 Date ! ' Xl041 Tractor Number ., Traiierts) Number(s) -3k "o,l w0detact no defect or deficiency in this motor vehicle that would be © I detect the following defects or defk:iencies In this motor vehicle that likely to affect the safety of its operation or result in its mechanical would be Hkely to affect the safety of its operation or result In its breakdown. mechanical breakdown. indicate whether the defect(s) is on the tractcx or frailer. Describe the defect(s) in detail, use baO side If necessary `Driver's signatu ' ? above defect(s) corrected ? above defect(s) need not be corrected for safe operation of vehicle Mecftanic's signature Driver review6ig repairs Signature/date whRe File each day at home tsrmal yellow Driver reMns In his possession for eigrn G"s a CWynght 20(10 & PLUM N by J. J. KELLER $. ASSOCFATES. WC, Neenah, WI • C840) 327-8988 • PnrAW in USA W1 Tr?Yel?eeter•x of Aimerita We ec to our ,8, TRAVELCENTEi2 !1201 RIRLEY ST lLAK STATIO r (21q)s62-6552 Number: 4244-3755 7/18/09 Stat i or , `.:3 Pump Products Res? e1^ au it )r?Cast Met Cost Tot,apl s 1 DIESEL ii2 SELF UL5 N 83e. 46' .499 2.499 575.94 non eatv*-tax total = 575. 94 subtotal = 575.584 n TOTAL 575.94 t r ° a amount tendered 7100.90 ?•I o s r. change 124.06s Salesperson Id TA/TA T`rF r i T653520 Trailer Number 0 1a1 , s Billing C*Spanym a•TRAVELCE'NTER / CASE Company Name s ETI M99S) FUEL CONTAINS NO VISIBLE EVIDENCE OF DYE -?-- t#? :34'-1747077 I i s s+°5 x Pub Products Reefer G2uantia ..,?-„, r-; 3 SERVICE DIESEL 2 SELF a cv t? n sales-tax -total 195. 00 *Mbt of a 1 - 1 VV' n' Id Z At g, k $slYinR Gospan?a F?loet ?^ ?l+?t?xr?a '??LL p r ?i ayO - ` Rd ? ltl i I t ?y .,. x i" p.' • to Y?Y`ir, ? w Exhibit "B" TCSI-TRANSLAND STANDARD ACCESSORIAL CHARGES EFFECTIVE 04/01/2010 MINIMUM CHARGE: $650-Minimum charge; point-to-point rates supercede. SPOT PRICING: Spot quotes are available and may be necessary due to truck availability and market conditions. Spot quotes supercede Appendix A; documented via fax or email & are valid for one load on unless otherwise specified. DETENTION WITH POWER: Two hours free; 1 hour or partial after, $100; after the 1st billable hour at $100, portion of or full 30 minutes increments will be billed at $50 each. Max $650 per calendar date Hourly detention charges are limited to calendar date of pick-up and/or delivery appointments. Shipper or Consignee will have the opportunity to sign driver time records or bill of lading & to make corrections. If shipper or consignee refuses to sign, carriers's records will govern. If no record exists, time may be computed by use & verification of on board communication or satellite tracking. STOPS IN TRANSIT: $100 -1ST stop; $150 2ND; $200 for 3nd & each stop thereafter. Charges in addition to minimum charge or flat rates unless otherwise specified. NEW YORK SURCHARGE: $375 - For shipments originating, with stops in transit, and/or delivering to New York City or the Boroughs of Lon Island, NY. EAST COAST SURCHARGE $175 - For shipments to PA or traveling through PA westbound TRUCK ORDER NOT USED: $350 - For bads canceled on the day of pick-up, plus 1.55 per deadhead mile from point of dispatch $200 - Loads cancelled after dispatched, in the Springfield, MO commercial zone. Detention rules apply from time of dispatch to time of bad cancellation. If load cancels after 1400, layover charges will apply in addition. LAYOVER: $650 - Per calendar date, if a driver is detained through no fault of the carrier. Layover charges apply starting 0001 the next calendar date after original pick-up or delivery & every 24 hour period thereafter. LOADIMUNLOADING: Cost of lumper with receipt. Driver labor is not available. FLATBED: $100 - For tarping in addition to base rate. Over dimension loads will be priced on a spot market basis. SPECIALIZED SERVICES: $350 - Hazmat commodities. $350 - Team or Expedited Services. $500 - Temperature Control 50% - Delivery on Sunday between 1200-2359 100% Delivery Friday after 1800 through Sunday 1200. 100% Delivery 1400 the day prior to Holiday through 0400 day after a Holiday. Is calculated from total line haul & fuel surcharges & added to invoice as a separate line item. CONST / RESIDENTIAL Pick-ups or delvverys made to construction sites, or residential area will incur an additional charge of $300 aa.rL_rrnv r 11W%r- 1.7 Ili emptyur ruauttu wergnts are mqulreu oy customer, a cnarge Or i45 per occurrence, plus 17.75 per out of route mile will apply. If Bill of Lading reflects less than 40,000 lbs. & load scaling is not requested and a driver receives an overweight or over-axle shipment, all tickets, re-work costs, incidentals and detention charges RECON31ONMENT or $200 - Reconsignment charge plus applicable line-haul. If a load needs to be returned or reconsigned and no REDELIVERY rates are published, the rate will be $1.75 per mile; minimum charge $650 RELEASED VALUE: Carver will only be liable for cargo losses up to $100,000, unless otherwise specified. TRAILERS: Spotted trailers available when volume warrants. Shipper and/or receiver will be responsible for any damages incurred while in their possession or during the process of loading or unloading. TRAILER DETENTION: $65 - Per day; Day of arrival plus 2 business days free for spotted trailers to be loaded or unloaded. If a driver arrives to pick up a trailer after free time has expired and it is not empty, an additional charge of $400 will apply for repositioning of power and/or trailer. MILEAGE: Mileage will be computed based on PC Miler Practical, most current version, 53' Trailer, unless spedfied otherwise FUEL SURCHARGE: The attached fuel surcharge addendum table is applicable on all shipments unless otherwise specified. PROOF OF DELIVERY POD is provided and attached to invoice only if prior request is completed, POD REQUEST Each additional request, or if request is made after a 60 day race period will be billed at $25.00. TERMS: Payment is due within 30 days of invoice. Payment not received within 30 days is subject to a late fee of $35 per invoice plus 1% interest per month both to be accrued the first day of the month following a full 30 days after due date. If customer request carrier invoice consignee or shipper, and payment is not received within 60 days, customer is responsible for all charges. A fee of $100.00 will be billed for any customer not providing/ providing TCSI-Transland with an incorrect shipping, delivery or mailing address. BY UTILIZING CARRIER SERVICES, CUSTOMER AGREES TO ALL RATES, ACCESSORIAL CHARGES, FUEL SURCHARGE, AND PAYMENT TERMS. Page 1 of 2 MEMMM--1 a Ev" , Team Express Services T Logistics and Warehouse soiutim .,I= Logistics and Warehouse Solutions Team Express Services i Services SERVICES • OVERNIGHT AND SECOND DAY • FULL LOADS • LTL SERVICE • TRANSLOADS AND WAREHOUSING • LOCAL SERVICES • LABELING • SORTING SERVICES • HOT SHOTS Team Express Services, Inc. . 24/7 MONITORING SERVICE NO ADDITIONAL COST 1477 Lomaland Suite 66 El Paso, TX 79935 , • OVERNIGHT SERVICE FROM DIFFERENT LOCATIONS IN USA Phone: 915-592-6700 • TEAM EXPRESS EQUIPMENT Fax: 915-592-6701 • 20 TRUCKS • 30 TRAILERS TIME OF OPERATIONS • EXPEDITED TRUCKS 8:OOAM - 5:OOPM M-F • STRAIGHT TRUCKS • CARGO VANS • GPS SERVICE MINIMUM CHARGE: SPOT PRICING: $600 Minimum Charge: point-to-point super cede Spot quotes are available and may be necessary due to truck availability and market conditions. Spot quotes supersedes Appendix A, and will be documented via fax or E-mail. DETENTION WITH POWER: STOPS IN TRANSIT: NEW YORK SURCHARGE: EAST COAST SURCHARGE: TRUCK ORDER NOT USED: LAYOUT: Two hours free; 1st hour or partial after. $100 after the 1st billable hour at $100, portion of or full 30 minutes increments will be billed at $10.00 each. Max $500 per calendar date. Hourly detention charges are limited to calendar date of pick-up and/or delivery appointments. Shipper or Consignee will have the opportunity to sign detention records & to make corrections. If shipper or consignee refuses to sign, carrier's records will govern. Time may also be computed by use and verification of on board communication or satellite tracking. $100 - 1 st stop; $150 2nd: $200 for 3rd & each stop thereafter. Charges in addition to minimum charge or flat rates unless otherwise specified. $375 - For shipments originating, with stops in transit, and/or delivery to New York City or the Boroughs of Long Island, NY $175 - For shipments to PA or traveling through PA Eastbound or West Bound $350 - For loads cancelled on the day of pick-u, plus 1.35 per deadhead mile from point of dispatch $155 - Loads cancelled after dispatched in the El Paso, TX commercial zone. $500 - Per calendar date, if a driver is detained through no fault of the carrier. Layover charges apply starting @ 001 the next calendar date after original pick-up delivery http://teamexpressservices.com/?page=Services 11/9/2010 DOUAR TREE STORES, INC.. PowerTMSTM Supplier Training Guide Purchase orders: • When a purchase order is generated by Dollar Tree, any changes in information or agreed upon terms must be addressed prior to routing the shipment. Some of these changes include but are not limited to: inability to ship 100% of the order, inability to ship on time, substitutions, vendor item description, vendor stock numbers, case pack, carton quantities and UPC compliance. Any changes must be authorized by your Dollar Tree Merchandising or Greenbrier International representative. • Vendors must combine multiple purchase orders with the same or overlapping ship/cancel dates and the same destination to maximize truckload quantities. • Vendors must ship the carton and package quantity indicated on the purchase order. • No unauthorized SKU substitutions will be accepted. • Any merchandise sent in excess of the purchase order will be returned via a carrier of Dollar Tree Distribution's choosing at the expense of the vendor plus an administrative fee of $50. For more information on Dollar Tree Stores Inc.'s return to vendor policies, please refer to pg 3. • If a vendor pick up has been arranged and the shipment is not complete at the time of pick up, it is the responsibility of the vendor to ship the balance of merchandise freight prepaid (pg 3). Vendors will be responsible for all freight expenses incurred in the shipment of back orders, unless the back order is authorized by Dollar Tree Merchandising or Greenbrier International. • If a vendor pickup has been arranged and the shipment cannot be loaded when the carrier arrives resulting in the carrier being turned away, a "truck order not used" charge will be deducted from the vendor's invoice. There is a minimum charge of $250 for each occurrence of a truck ordered not used charge. • A packing list must be provided with all shipments. Packing lists must include but not be limited to: quantity by item, shipment number, purchase order number, case pack, cartons shipped, and item description. Please attach the packing list to the last carton/pallet on the tail of the trailer. • Vendors must ship to meet the delivery date specified on the purchase order. Merchandise shipped after the cancellation date may be returned at the expense of the vendor. The shipment must be entered into Meridian at least five (5) business days prior the opening of the ship window, but no more than two (2) weeks prior to the ship date. • The shipment # assigned in YRC Logistics (Power TMS) system must be recorded on the Bill Of Lading. Failure to do so may result in extra charges back to the vendor due to inaccurate information. It is suggested that the YRC Logistics Bill Of Lading be used as the governing document. • All questions concerning discrepancies over merchandise shipments, invoice payments, etc. should be directed to the Merchandising Department. Be sure to include purchase order number and shipment number with all inquiries. • Vendors using a third party provider are responsible for third party compliance with our routing instructions. Dollar Tree Stores. Inc. Confidential and Proprietary Page 3 10/9,/2007 VERIFICATION I, THERRELL STEWART, hereby verify that the statements made in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my knowledge and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: THERRELL STEWART IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -n= Ibrahim M. Alhaj Plaintiff VS. Therrell Stewart Defendant rnm =M Case No.: 10-07572 Civil ,sue-- Complaint in Civil Action r-, te FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Keith B. DeArmond, 58878 DeArmond & Associates 11 East Market Street, Suite 300 York, PA 17401 (717) 846-3200 FAX: (717) 845-4100 RESPONSE TO NEW MATTER 8. No response required. 9. Denied. In further response, Plaintiff avers that he discussed the possibility of the Defendant retrieving a load for him in California. The transaction which Plaintiff was negotiating which would have required shipment was never consumated and Defendant's services were never required not contracted. 10. Denied. 11. Admitted. 12. Denied. In further response, the Plaintiff avers that he never entered in to an agreement for the Defendant to pick up and deliver any items. 13. It is admitted that the Defendant tendered payment in the amount of $240.00. rn co 7 , ?a w ? `J In further response, Plaintiff avers that said sum was in partial repayment of the loan given to Defendant. 14. Admitted in part and denied in part. Plaintiff admits that he has requested additional payments. Plaintiff denies that he is not owed the balance of the loan. WHEREFORE, the Plaintiff prays for judgment in his favor and against Defendant, Therrell Stewart, individually, in the amount of $656.50. By: / Keith rDeArmond, 58878 DeArmond & Associates 11 East Market Street, Suite 300 York, PA 17401 (717) 846-3200 FAX: (717) 845-4100 i VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsifications to authorities, that he is Ibrahim M. Alhaj, plaintiff herein, and that the facts set forth in the foregoing Response to New Matter are true and correct to the best of his knowledge, information and belief. Ibrahim M. Alhaj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Ibrahim M. Alhaj Case No.: 10-07572 Civil Plaintiff Complaint in Civil Action VS. Therrell Stewart Defendant CERTIFICATE OF SERVICE I hereby certify that on the. day of 20_LL, I served true and correct copies of the Complaint, by first class mail, tage prepaid, upon the respective last known address of each person set forth below: Mr. Therrell Stewart 906 Strock Drive Mechanicsburg, PA 17055 DeArmon & Associates s By: geith. DeArmond, 58878 DeArmond & Associates 11 East Market Street, Suite 300 York, PA 17401 (717) 846-3200 FAX: (717) 845-4100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IBRAHIM M. ALHAJ, PLAINTIFF, CASE NO. 10-7572 VS. CIVIL ACTION - LAW THERRELL STEWART, DEFENDANT ' rnw ?M r- ~ X. `n r ? r p N co Kz; Q .,co -v = z -n o-n ;D c; R" G A , -1 N CERTIFICATE OF SERVICE I, Therrell Stewart, do hereby certify that, on the 27th of July, 2011, a Ten Day Notice was served, via First Class U.S. Mail, upon the Plaintiff via his counsel as follows: Keith B. DeArmond, Esquire DeArmond & Associates 11 East Market Street, Suite 300 York, PA 17401 July 27, 2011 Date Therrell Stewart Defendant/Counterclaim Plaintiff Pro Se David D. Buel - (Prothonotary Office of the Prothonotary Cum6er[and County, Pennsylvania 7�yrkS. Sofionage, ESQ Solicitor " %s%'�,� CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Cartasfe, TA • phone 717 240-6195 • rFa.� 717 240-6573