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Home My WebLink About01-1899 TOWAWAY EXPRESS, INC., · IN THE COURT OF COMMON PLEAS · CUMBER~ COUNTY, PENNSYLVANIA Plaintiff · · ¥. · DELAWARE VALLEY · CIVIL ACTION - LAW Ti~ILERS, INC. , · Defendant · NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the followin9 pages, you must take action within twenty (20) days after this Complaint and Notice are served, by enterin9 a written appearance personally or by attorney and filin9 in writin9 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date-~4~~ ~!~ By- en/~ '~J.. V~v~ F~~'' H . Van Eck, Esquire I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 · ,. (717) 238-6570 e TOWAWAY EXPRESS, INC., · IN THE COURT OF COMMON PLEAS · CUMBERI.d~D COUNTY, PEI~SYLVJ~2~IIA Plaintiff · · · DELAWgJ~.E VALLEY · CIVIL ACTION - LAW TRAILERS, INC., · · Defendant · COMPLAINT AND NOW, comes the Plaintiff, Towaway Express, Inc. ("Plaintiff,,), by and through its counsel, Cunnin~ham & Chernicoff, P.C. and files its Complaint against the Defendant, Delaware Valley Trailers, Inc., and. in support thereof avers as follows- 1. The Plaintiff, Towaway Express, Inc., is a Pennsylvania business corporation having its principal place of business and its central business office located at 500 Mulberry Drive, Mechanicsbur~, Cumberland County, Pennsylvania 17055. 2. The Defendant, Delaware Valley Trailers, Inc. (Delaware Valley), is believed to be a New Jersey corporation having its principal place of business located at 148 Route 73, Berlin, New Jersey. 3. Prior to 1999, the Plaintiff and Defendant began a business relationship whereby Defendant orally contacted ~laintiff and requested that Plaintiff provide its tractors to pull J · Defendant's trailers from one location to another as directed by Defendant. 4. The oral agreement between Plaintiff and Defendant for Plaintiff's services, as well as all freight bills evidencin9 Plaintiff and Defendant's agreement for transportation emanate from the Plaintiff's office located in Mechanicsburg, Cumberland County, Pennsylvania. 5. On or about September, 1999, Defendant became delinquent in payin9 Plaintiff for the transportation services Plaintiff had provided to Defendant. 6. Pursuant to I.C.C. Regulations, Defendant was to pay all freight bills within fifteen (15) days of receipt. 7. Defendant agreed that a service charge of one and one- half percent (1 1/2%) per month (or eic~hteen percent (18%) annually) would be char~ed by Plaintiff on all freight bills not paid within thirty (30) days. 8. As of the date of this Complaint, there still remains an outstandin~f balance due and owin~t Plaintiff for invoices from May 18, 1999 to June 10, 1999 in the amount of Ten Thousand Forty-Seven and 88/100 Dollars ($10,047.88) . 9. On August 1, 2000, Plaintiff's counsel sent a final demand letter to Defendant requesting immediate payment of all outstanding sums. Such letter indicates that litigation would follow if payment was not made. 10. Despite repeated requests for payment, Defendant has refused and continues to refuse to pay the sum of Ten Thousand, Forty-Seven and 88/100 Dollars ($10,047.88) representin~ the total amount due an owing Plaintiff for services rendered. 11. Defendant has been unjustly enriched by virtue of the fact that Plaintiff has provided transportation services for Defendant and Defendant has failed to pay Plaintiff for such services. 12. As a direct result of Defendant's refusal to pay Plaintiff for services rendered, Plaintiff has had to incur legal fees in bringin~ this action. WHEREFORE, Plaintiff, Towaway Express, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against the Defendant in the amount of Ten Thousand, Forty-Seven and 88/100 Dollars ($10,047.88), to~ether with interest, costs of suit and reasonable attorney's fees, and further award Plaintiff all such other relief as is proper and just. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date' '~,'' [ By- ~, ~~ ~ Henry ~. Van Eck, Esquire I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106 - 0457 (717) 238-6570 (Attorneys for Plaintiff) TOWAWAY EXPRESS, INC., · IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY PENNSYLVANIA · V. · NO. · DELAWARE VALLEY ' CIVIL ACTION TRAILERS, INC. , . - LAW · Defendant . V_ERIFICATION COMMONWEALTH OF PENNSYLVANIA . COUNTY OF DAUPHIN ' ss- I, Henry W. Van Eck, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Defendant, in the within action; that the Defendant cannot make verification to the Complaint because Defendant cannot timely come to Harrisburg to sign this Verification; that the Defendant cannot travel to Harrisburg, Pennsylvania to execute this verification prior to the filing of the Complaint; that it would be inconvenient for Defendant to travel to Harrisburg, Pennsylvania to file the Complaint personally; and that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge information and belief. , SWORN and Subscribed to befor~e this ~~ day ! F) la nCl'l el ~, ,.M~° r~s_0~'._-.~0t_a rY Public / Ha rri~b~u,r..% ~D.a__U,phin_ County I J. My Commission E×loires Nov. 8 :Y~nn~ I TOWAWAY EXPRESS, INC., · IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. 01-1899 CIVIL · DELAWARE VALLEY · CIVIL ACTION - LAW · TRAILERS, INC., Defendant ' CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the COMPLAINT in the above captioned matter, by placin~ the same in the United States mail, first-class, certified mail, return receipt requested, postage prepaid, in Harrisburg, Pennsylvania, on April 5, 2001, addressed to- Delaware Valley Trailers, Inc. 148 Route 73 Berlin, NJ 08009 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. ! Date-_April 5, 2001 _ B _ _ ' - Beth A. Kunkle, Secretary to Henry W. Van Eck, Esquire I.D. #83087 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106 - 0457 Telephone: (717) 238-6570 TOWAWAy EXPREss, INC. ' ' IN THE COURT OF COMMON PLEAs Plaintiff ' CUMBERLAND COUNTy · V. . ' PENNSYLVANIA · NO. 01-1899 DELAWARE VALLEy ' TRAILERs, INC. , ' CIVIL ACTION _ LAW Defendant ' · TO. Delaware Valley Trailers, /nc. , Defendant YOU ARE HEREBy NOTIFIED that on ~, 2001, the fOllowin~ Judgment has been entered against You in the above captioned case in the sum of $10 047 00, plus fro~ , . ~, 2001 and costs of suit. interest thereon Date. ~~9 ~ I hereby certify that the name and address of the prOper persons to receive this notice Under Pa. R. Civ. p. 236 is. Delaware Valley Trailers, /nc. 148 S. Route 73 Berlin, New Jersey 08009_1757 Plaintiff : IN ~HE Co · : CUMBERL~r~URT OR C~ VALLEy ' x, PE?- ~As XNc. , .: · ~v~SYLV~XA NO O1 '1899 : CI~iL ~C~ioN De f e~da~t · , ~0 THE ~R~-.- ~~ ~ ~-~ONOTAR y OR - PUrsuant to ~ ~ O~rY· ~rf in t~ ~vo. 1037(b~ the abo~e . ~e abo~e refe~ ~' e~tet ~leadin_ . ~efere~ced . z'enced acti , ~ Within twent,, , act~°n fo~ fa~ on, and a~ains~ ~ ~a~°~ of =u CO~Plai_. uaYs f~om - ~u file a "u~nt ~t and asse- the date o~ P~ ~s Plaintiff,s d ~ se~ce of th the °llows . o etFices rendet~ sum of $10, O~ - sts o= ~u tOge~~ =/.00 ~ th ~er . Wit . fees, and -e su~t and ~e=- h ~nte~e.~ ~ef as i~ ~alntiff _ o p~Ope~ and . all SUch 3ust . 's ' . ~hea ~ nd cor~-_~ the accord _ ~ ~ereto. ~u'c CODy of anc= I h af is: ereby ce ~~ °resaid r~~y that th Delaware Va e last ~nown address of the Defendant 148 S R lley Trailers BerT{_' oute 73 · Inc. '~, New Jersey 08009_1757 ResPectfully Submitted, Da re. CUNNINGHAM & CHERNiCoFF, p. C / . RObert ~~ cof~ r · ~zig, Esqui ~e Penna. Atty. /dent 0 P.O. Box 60457 Harrisburg, eYs for Plaintiff) TOWAWAy EXPRESS, INc. Plaintiff' . . v. : IN THE COURT D~LAWAR~ : CJM~r.~,~ O~ CO~oN PLEAS T~ILERs , V~LEY NO O1 1899. ~ ~Nc . , ~ · - ~~s~~~a : CIVIL ACTION , Defendant : ' To: Delaware Valley Trailers, Inc. 148 Route 73 Berlin, Nj 08009 Date of Notice. May 3, 2001 PUrsuan to YOU o. 23 coo~ ~o;-~ _~~so~v~u~ ~_caus~ YOU ~ oE~ Y OR ~ YOU A ' ~LEs NSE8 0 Y ATTo ~~ FA _ ~o~,~ .S ~ou ~c~ .~- °~~c~ ~~ ~ ~~n ~o _ LOSE "~- ~Y ~ ~ITH ON8 'tO FILE YO~ p BE E~E IN TEN D THE C IN ~IT A ~O~c ~o~ ~n ~s ~~ Yc O~ 0 WYER ~ER I U WI DATE TH AG NE AT O MPOR. THO OF ~INS ~ERE v~,. GO TO ~ NCE ~. T ~,-- ~ A H~a-- THIS ~,~__ T You THE EL~: ROLLOWiN~ _A ~~~ .~ THI.~ ~ ~uunty Cou * ~MINIs ~ u'ourt _ rth~us T~TOR Car . hOUse .e__ e-4th ~ (717) 2 '~ 17013 ~u-6200 Signature: Si~nat Address: or At ry. At torney Telephone SUpreme No.: 7 Court I · :