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Home My WebLink About11-6906NAPA TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.: `t--tV?c YtI CREATIVE PACKAGING, INC. CIVIL ACTION - LAW Defendant, 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 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 LAWYER, 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 32 South Bedford Street Carlisle, PA 17013 n (717) 249-3166 t C? > t r __ cs) The Court of Common Pleas for Cumberland County is required by law to corri4y Ali co the Americans with Disabilities act of 1990. For information about accessible facilitie V reasonable accommodations available to disabled individual having business before tb ' oug, please contact the Court Administrator's Office at (717) 780-6624. All arrangementst' - made at least 72 hours prior to any hearing or business before the court. ---t ._A try .._.. ® a 907 p° as ? C'" I d3o7 Ro') W 01 NAPA TRANSPORTATION, INC. Plaintiff, VS. CREATIVE PACKAGING, INC. Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.. l 1 _ u QU?Q CIVIL ACTION - LAW COMPLAINT AND NOW COMES, Napa Transportation, Inc., Plaintiff, by and through its attorneys, The Law Offices of Leslie David Jacobson, and hereby files the following Complaint against Creative Packaging, Inc., Defendant, and in support thereof states the following: PARTIES 1. Plaintiff, Napa Transportation, Inc. is a corporation organized and existing under the laws of Pennsylvania with a business address of 4800 East Trindle Road, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Creative Packaging, Inc. is believed to be a corporation organized and existing under the laws of Massachusetts with a business address of 175 James St., Worcester, Massachusetts 01603. FACTS 3. Plaintiff incorporates paragraphs 1 through 2 as though fully set forth at length. 4. Plaintiff is in the trucking business providing freight transportation for its customers. 5. Defendant is in the integrated paper and corrugated box manufacturing business. 6. On or about January 21, 2011, Plaintiff began to provide transportation delivery services for Defendant. 2 7. Plaintiff would provide freight delivery for Defendant and invoice immediately thereafter. 8. Payment on the invoice would be due within thirty days. 9. In or around April, 2011, Plaintiff stopped providing Defendant with delivery services because Defendant had not paid its previous invoices. 10. In or around July, 2011, Plaintiff and Defendant negotiated a payment agreement wherein Defendant would pay for one previous delivery each week. 11. Plaintiff received approximately five payments from Defendant. 12. Defendant has a balance of $41,847.29 due and owing Plaintiff. 13. Despite repeated demands, Plaintiff has not received payment from Defendant. COUNT I - BREACH OF CONTRACT 14. Paragraphs 1 through 13 of Plaintiff's Complaint are hereby incorporated by reference. 15. Plaintiff and Defendant entered into a valid and enforceable express or implied contract whereby Plaintiff agreed to provide transportation delivery services for Defendant in exchange for a delivery fee. 16. Defendant has breached its obligations under the contract by failing to pay Plaintiff for its services. 17. Defendant's actions constitute a breach of contract and entitle Plaintiff to damages. 18. As a result of Defendant's breach, Plaintiff has been damaged in the amount of $41,847.29. 3 19. Plaintiff has performed all of its obligations under the contract with Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor for $41,847.29 plus costs and reasonable attorney fees, and grant such other relief the Court deems just and appropriate. COUNT II - UNJUST ENRICHMENT 20. Plaintiff incorporates paragraphs 1 through 19 as though fully set forth at length. 21. Plaintiff has conferred a benefit on Defendant by providing transportation delivery services. 22. Defendant has appreciated such benefit in that it could deliver its products. 23. If Plaintiff is not reimbursed for its expenses, Defendant will be permitted, to the detriment of Plaintiff, to retain the benefits of the transportation delivery services without having to expend any of its own funds, and would be unjustly enriched thereby. 24. Such a result would be unjust and inequitable and Defendant should not be permitted to retain the benefits without payment of value. 25. Plaintiff has conferred a benefit on Defendant in the amount of $41,847.29. 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor for $41,847.29 plus costs and reasonable attorney fees, and grant such other relief the Court deems just and appropriate. Respectfully Submitted, LAW OFFICES OF LESLIE D. JACOBSON Dated: 09/02/2011 71119- SC-010 Partland Attorney I.D. No.: 209669 Law Offices of Leslie David Jacobson 8150 Derry Street, Ste. A Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 5 VERIFICATION I, Joseph A. Dennison, as authorized representative of Napa Transportation, Inc., do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 47-111( By: I Owe ose A. Dennison 6 NAPA TRANSPORTATION, INC. Plaintiff, VS. CREATIVE PACKAGING, INC. Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-6906 CIVIL CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT AND CERTIFICATION OF NOTICE To the Prothonotary: Please enter judgment against the Defendant, Creative Packaging, Inc., in the above- captioned case pursuant to Pa. R.C.P. 1037(b) in the amount of $41,847.29, plus $2,500.00 for costs and attorney fees, for its failure to file pleadings responsive to the Complaint. The certification and notices required by Pa. R.C.P. 237.1 are attached as Exhibit A. Respectfully Submitted, Date: 10/31/2011 Scott c tland Attorney I.D. No.: 209669 Law Offices of Leslie David Jacobson 8150 Derry Street, Ste. A c o Harrisburg, PA 17111 rnto 717.909.5858 FAX: 717.909.7788_-- Q, a x CA ZC N C) 4 cia p 4-14.oo P p AT714 C? lp?v3 ?? a?685s (??, ?.aOutQ? NAPA TRANSPORTATION, INC. Plaintiff, VS. CREATIVE PACKAGING, INC. Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-6906 CIVIL CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT Judgment is hereby entered in favor of Plaintiff NAPA Transportation, Inc. and against Defendant Creative Packaging, Inc. in the amount of $41,847.29 plus $2,500.00 for costs and attorney fees. Prothonotary '{ ?? • Exhibit A NAPA TRANSPORTATION, INC. Plaintiff, VS. CREATIVE PACKAGING, INC. Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-6906 CIVIL CIVIL ACTION - LAW CERTIFICATION OF NOTICE PURSUANT TO Pa R.C.P. 237.1 I, Scott McPartland, of the Law Offices of Leslie David Jacobson, 8150 Derry Street, Suite A, Harrisburg, Pennsylvania 17111, counsel for Plaintiff in the above-captioned case, do hereby certify as follows: Service of the Complaint was made on September 13, 2011, by Certified Mail. 2. No answer was filed by Defendant within twenty (20) days of service as required by Pa. R.C.F. 1026; and 3. On October 8, 2011, a Notice of Default Judgment as required by Pa. R.C.P. 237.1 was mailed to Defendant. A copy of that Notice along with the Certificate of Mailing for the same is attached hereto as Exhibit B. Respectfully Submitted, Date: 10/31/2011 cPartland Attorney I.D. No.: 209669 Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111 717.909.5858 FAX: 717.909.7788 Exhibit B NAPA TRANSPORTATION, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.: 11-6906 CIVIL CREATIVE PACKAGING, INC. CIVIL ACTION - LAW Defendant, IMPORTANT NOTICE TO: CREATIVE PACKAGING, INC. 175 JAMES STREET WORCESTER, MA 01603 DATE OF NOTICE: October 8, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 LAWYER, 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 I.D. No. 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 717-909-5858 717-909-7788 [fax] . .. NAPA TRANSPORTATION, INC. Plaintiff, VS. CREATIVE PACKAGING, INC. Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-6906 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing ten day notice was this day served upon the following person in the manner indicated below: FIRST CLASS MAIL DATED: 10/08/2011 Creative Packaging, Inc. 175 James Street Worcester, MA 01603