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Home My WebLink About11-8271 NAPA TRANSPORTATION, INC. Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. AMERICAN PRESS, LLC Defendant, CIVIL ACTION - LAW 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 E*61, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. , Cumberland County Bar Association ! K? 32 South Bedford Street <t ° Carlisle, PA 17013 C-) X F (717) 249-3166 > --a ?. 0 3> The Court of Common Pleas for Cumberland County is required by law to comply with the Americans with Disabilities act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individual having business before the court, please contact the Court Administrator's Office at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the court. 6?A qU rc fl. 44 NAPA TRANSPORTATION, INC. Plaintiff, VS. AMERICAN PRESS, LLC : Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.. CIVIL ACTION - LAW COMPLAINT AND NOW COMES, Napa Transportation, Inc., Plaintiff, by and through its attorneys, Jacobson, Julius & McPartland and hereby files the following Complaint against American Press, LLC, 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, American Press, LLC is believed to be a corporation organized and existing under the laws of Massachusetts with a business address of One American Place, Gordonsville, Virginia 22942. 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 business of printing and distributing special interest magazines and catalogs. 6. In or around June, 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. On or about July 18, 2011, Plaintiff stopped providing Defendant with delivery services because Defendant had not paid its previous invoices. 10. Defendant has a balance due and owing Plaintiff of $62,082.02. A true and correct billing statement is attached as Exhibit A. 11. Despite repeated demands, Plaintiff has not received payment from Defendant. COUNT I - BREACH OF CONTRACT 12. Paragraphs 1 through 11 of Plaintiff's Complaint are hereby incorporated by reference. 13. 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. 14. Defendant has breached its obligations under the contract by failing to pay Plaintiff for its services. 15. Defendant's actions constitute a breach of contract and entitle Plaintiff to damages. 16. As a result of Defendant's breach, Plaintiff has been damaged in the amount of $62,082.02. IT Plaintiff has performed all of its obligations under the contract with Defendant. 3 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor for $62,082.02 plus costs and reasonable attorney fees, and grant such other relief the Court deems just and appropriate. COUNT II - UNJUST ENRICHMENT 18. Plaintiff incorporates paragraphs 1 through 17 as though fully set forth at length. 19. Plaintiff has conferred a benefit on Defendant by providing transportation delivery services. 20. Defendant has appreciated such benefit in that it could deliver its products. 21. 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. 22. Such a result would be unjust and inequitable and Defendant should not be permitted to retain the benefits without payment of value. 23. Plaintiff has conferred a benefit on Defendant in the amount of $62,082.02. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor for $62,082.02 plus costs and reasonable attorney fees, and grant such other relief the Court deems just and appropriate. Respectfully Submitted, JACOBSON, J IUS & MCPARTLAND Dated: 10/07/2011 Scottartland 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 4 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: q s h A. Dennison 6 Exhibit A System: 711912011 9:37:03 AM DETAIL HISTORICAL AGED TRIAL BALANCE Page: 1 User Date: 7/19/2011 User ID: 9pshelleym NAPA Receivables Management Ranges: customer ID: AMEGOR - AMEGOR User-Defined 1: First - Last Slate: First - Last Customer Class: First - Last Customer Name: First - Last Tckphone: First - Last Salesperson ID: First - Last Short Name: First - Last ZIP Code: First - Last Sales Ten": First - Last Posting Date: First - 7/2012011 Account Type: Open Item Customer: by Customer ID Aghlg Date: 7/200)11 Document by Document Date Exclude: Zero Balance, No Activity, Fulty Paid Documents, Unposted Applied Credit Documents, Mutticurrenry Into ' - Indicates an unposted credit document Mat has been applied. Customer. AMEGOR Name: AMERICAN PRESS Account Type: Open Item User-Defined 1: CUSTOMER Salesperson: NONE Credit $69,000.00 Contact: KATHY MOUBRAY Territory: NONE Phone: (540) 832-2253 Ext 0000 Terms: Net 30 Document Number Type Date Amount Discount wdteoff current 31 -60 Days 60.90 Days Over 90 Days 630228A SLS 611/2011 $250.00 $250.00 632398A SLS 611/2011 $1,126.25 $1,126.25 635144A SLS 6/1/2011 $816.07 $816.07 634506A SLS 6/912011 $771.50 $771.50 637393A SLS 6/1412011 $813.88 $813.88 637722A SLS 6/15/2011 $1,180.60 $1,180.60 641739A SLS 6127/2011 $1,770.16 $1,770.16 641592A SLS 71112011 $1,190.60 $1,190.60 641734A SLS 711120/1 $1,983.32 $1,883.32 641737A SLS 711/1011 $1,770.16 $1,770.16 641749A SLS 7/112011 $2,422.60 $2,422.60 641750A SLS 711/2011 $2,573.64 $2,573.64 643997A SLS 71112011 $768.30 $768.30 6223000 SLS 7/6/2011 $2,476.98 $2,476.9E 622307C SLS 7/612011 $2,476.98 $2,476.98 622309C SLS 7/6/2011 $2,476.98 $2,476.98 622313C SLS 716/2011 $2,510.26 $2,510.26 622315C SLS 7/6/2011 $2,346.24 $2,346.24 622340C SLS 7/8/2011 $2,349.02 $2,349.02 M345C SLS 716/2011 $2,793.90 $2,793.90 622356C SLS 71612011 $2,810.58 $2,810.58 system: 7119/2011 9:37:03 AM HISTORICAL AGED TRIAL BALANCE DETAIL Pie' User Date:. 7/19/2011 . User ID: gpshslleym NAPA 622358C SLS 7/8/2011 $2,810.58 $2,810.58 " 622360C SLS 7/6/2011 $2,810.58 $2.810.58 622365C SLS 7/611011 $2,652.12 $2,652.12 622367C SLS 71612011 $2,754.90 $2,754.90 643996A SLS 71712011 $768.30 $1 30 645359A SLS 77/2011 $753.53 $753.53 646060A SLS 7712011 $985.50 5985.50 641730A SLS 7/812011 $1,983.32 $1,963.32 641742A SLS 7/8/2011 $2,501.59 $2,501.59 641759A SLS 7/8/2011 $1,496.84 $1,496.84 646070A SLS 7/1212011 $1,403.50 $1,403.50 645500A SLS 7113/2011 $1,095.25 $1,095.25 647723A SLS 7/14/2011 $578.50 $578.50 643779A SLS 7/1512011 $1,09525 $1,095.25 645360A SLS 7/1812011 $714.24 $714.24 Balance Totals: $57,123.72 $4,958.30 $0.00 $0.00 $62,082.02 Customer(s) Current 31 - 60 Days 60 - 90 Days Over 90 Days Balance Grand Totals: 1 $57,123.72 $4,958.30 $0.00 $0.00 $62,082.02 (David -D. Ouell- Prothonotaly Office of the Prothonotary Cum6errand County, Pennsy[vania /1- 27I ORDER OF TERMINATION OF COURT CASES Sofionage, ESQ., SoCicitor CIVIL TERM 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 0 Suite100 0 Carliste, TAC (Phone 717 240-6195 0 Ta. 717 240-6573