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HomeMy WebLinkAbout12-3169IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) JOHN ROEMER, d/b/a ROEMER TRANSPORT 334 Mill Road Mount Pleasant Mills, PA 17853 VS. Defendant(s) & Address(es) METCALF TRUCKING, LLC 1513 E. Commerce Avenue Carlisle, PA 17013 Case No. vC - ?/1? _ Civil Term Civil Action PRAECIPE FOR WRIT OF SUMMONS TO TIE PROTHONOTARY/CLERK OF SAID COURT: " %e L i .. Cr, Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne heriff. se Circle choice Date : I 12 Signature of A rney Print Nan isa Marie Coyne, Esq. Address: 3901 Market Street Camp Hill, PA 17011 • • • • • WRIT OF SUMMONS TO: //r?-t-/jr YOU ARE NOTIFIED THAT THE ACTION AGAINST YOU. Date: •s- 11 ol- Prothonotary/Clerk, Civil Division ? 103.7spd,94A C'fl-a- s232 Telephone #: 717-737-0464 Supreme Court ID Number: 53788 PLAINTIFF(S) HAS/HAVE COMMENCED AN SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor attertfi• ut `r?irtfrr?r?j? ()- ..E _ -:r - rn ! r 4'g? COLit°i 1 John Roemer vs. Metcalf Trucking, LLC Case Number 2012-3169 SHERIFF'S RETURN OF SERVICE 05/21/2012 05:27 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 21 2012 at 1727 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Metcalf Trucking, LLC, by making known unto Jerald Metcalf, Owner of Metcalf Trucking, LLC at 1513 E. Commerce Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and cor t copy of the same. S SHALL, D -- SHERIFF COST: $34.45 May 22, 2012 C, :oUnryS rs,"+t ?r;: SO ANSWERS, RON R ANDERSON, SHERIFF COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street -.,P 1 I KkL ` ' J G.. F l.?e F . Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff JOHN ROEMER, d/b/a, J. ROEMER TRANSPORT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. METCALF TRUCKING, LLC, Defendant : NO. 12-3169 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 NOTICE IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 DEFENDANT. 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff JOHN ROEMER, d/b/a, : IN THE COURT OF COMMON PLEAS OF J. ROEMER TRANSPORT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 12-3169 METCALF TRUCKING, LLC, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW COMES, the Plaintiff, John Roemer, d/b/a J. Roemer Transport, by and through his attorneys, Coyne & Coyne, P.C., and avers the following: 1. Plaintiff, John Roemer, is an adult individual residing at 334 Mill Road, Mount Pleasant Mills, Snyder County, Pennsylvania. 2. Plaintiff, John Roemer, is an adult individual doing business as J. Roemer Transport, a sole proprietorship, with a business address at 334 Mill Road, Mount Pleasant Mills, Snyder County, Pennsylvania. 3. Defendant, Metcalf Trucking, LLC, is a Pennsylvania limited liability company registered to do business in the Commonwealth of Pennsylvania, with a registered office and a principal place of business located at 1513 E. Commerce Avenue, Carlisle, Cumberland County, Pennsylvania. 2 4. On or about January 18, 2012, Defendant entered into a contract with the Plaintiff as an independent contractor of the Defendant and to transport, deliver and load and unload goods on behalf of the Defendant. (Exhibit "A" -Independent Contractor Agreement). 5. The contract stated the Plaintiff would be paid for each load he transported. 6. On or about March 2, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23197 from Carlisle, Pennsylvania to Liverpool, New York and per the contract, Plaintiff would be paid the sum of Five Hundred Nine and 25/100 Dollars ($509.25). (Exhibit "B" - Load Manifest from Metcalf Trucking, LLC dated March 2, 2012) 7. On or about March 5, 2012, Plaintiff completed the transport of the said Load ID 23197 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 8. On or about March 5, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23194 from New Berlin, New York to Carlisle, Pennsylvania and per the contract, Plaintiff would be paid the sum of Six Hundred Dollars ($600.00). (Exhibit "C" - Load Manifest from Metcalf Trucking, LLC dated March 2, 2012). 3 9. On or about March 6, 2012, Plaintiff completed the transport of the said Load ID 23194 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 10. On or about March 6, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID NR206 from Carlisle, Pennsylvania to Mechanicsburg, Pennsylvania with Trailer Number 3314 and from Mechanicsburg, Pennsylvania to Carlisle, Pennsylvania with Trailer Number 3305 and per the contract, Plaintiff would be paid the sum of Fifty Dollars ($50.00). (Exhibit "D" - Load Manifest from Metcalf Trucking, LLC dated March 6, 2012). 11. On or about March 6, 2012, Plaintiff completed the transport of the said Load ID NR206 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 12. On or about March 6, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23142 from Middletown, Pennsylvania to Rome, New York and per the contract, Plaintiff would be paid the sum of Six Hundred Dollars ($600.00). (Exhibit "E" - Load Manifest from Metcalf Trucking, LLC dated March 5, 2012). 13. On or about March 7, 2012, Plaintiff completed the transport of the said Load ID 23142 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 4 14. On or about March 7, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23238 from Rome, New York to Mechanicsburg, Pennsylvania and per the contract, Plaintiff would be paid the sum of Four Hundred Eighty- Seven and 501100 Dollars ($487.50). (Exhibit "F" - Load Manifest from Metcalf Trucking, LLC dated March 5, 2012). 15. On or about March 8, 2012, Plaintiff completed the transport of the said Load ID 23238 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 16. On or about March 8, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23282 from Middletown, Pennsylvania to Milton, Pennsylvania and per the contract, Plaintiff would be paid the sum of Three Hundred Dollars ($300.00). (Exhibit "G" - Load Manifest from Metcalf Trucking, LLC dated March 8, 2012). 17. On or about March 9, 2012, Plaintiff completed the transport of the said Load ID 23282 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 18. On or about March 9, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23284 from Montgomery, Pennsylvania to Tully, New York and per the contract, Plaintiff would be paid the sum of Four Hundred Eighty-Seven and 5 501100 Dollars ($487.50). (Exhibit "H" - Load Manifest from Metcalf Trucking, LLC dated March 8, 2012). 19. On or about March 12, 2012, Plaintiff completed the transport of the said Load ID 23284 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 20. On or about March 12, 2012, Defendant contacted Plaintiff and requested Plaintiffs services to transport Load ID 23287 from Wolcott, New York to Gardners, Pennsylvania and per the contract, Plaintiff would be paid the sum of Five Hundred Sixty-Two and 50/100 Dollars ($562.50). (Exhibit "I" - Load Manifest from Metcalf Trucking, LLC dated March 9, 2012). 21. On or about March 13, 2012, Plaintiff completed the transport of the said Load ID 23287 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff s request for same. 22. On or about March 13, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23308 from Shippensburg, Pennsylvania to Lancaster, New York and per the contract, Plaintiff would be paid the sum of Four Hundred Seventy-Two and 50/100 Dollars ($472.50). (Exhibit "J" - Load Manifest from Metcalf Trucking, LLC dated March 12, 2012). 6 23. On or about March 14, 2012, Plaintiff completed the transport of the said Load ID 23308 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 24. On or about March 14, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23323 from Lancaster, New York to Carlisle, Pennsylvania and per the contract, Plaintiff would be paid the sum of Six Hundred Nineteen and 97/100 Dollars ($619.97). (Exhibit "K" - Load Manifest from Metcalf Trucking, LLC dated March 13, 2012). 25. On or about March 14, 2012, Plaintiff completed the transport of the said Load ID 23323 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 26. On or about March 14, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23326 from Mechanicsburg, Pennsylvania to Jessup, Maryland and per the contract, Plaintiff would be paid the sum of Three Hundred Eighty-Two and 58/100 Dollars ($382.58). (Exhibit "L" - Load Manifest from Metcalf Trucking, LLC dated March 14, 2012). 27. On or about March 15, 2012, Plaintiff completed the transport of the said Load ID 23326 and submitted a bill of lading to Defendant upon completion of the said run and requested 7 payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 28. On or about March 15, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23352 from Washington, D.C. to Fleetwood, Pennsylvania and per the contract, Plaintiff would be paid the sum of Four Hundred Thirty-One and 25/100 Dollars ($431.25). (Exhibit "M" - Load Manifest from Metcalf Trucking, LLC dated March 15, 2012). 29. On or about March 15, 2012, Plaintiff completed the transport of the said Load ID 23352 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 30. On or about March 16, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23356 from Macungie, Pennsylvania to Greencastle, Pennsylvania and per the contract, Plaintiff would be paid the sum of Three Hundred Eighteen and 75/100 Dollars ($318.75). (Exhibit "N" - Load Manifest from Metcalf Trucking, LLC dated March 16, 2012). 31. On or about March 16, 2012, Plaintiff completed the transport of the said Load ID 23356 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 8 32. On or about March 21, 2012, Defendant contacted Plaintiff and requested Plaintiff s services to transport Load ID 23348 from Camp Hill, Pennsylvania to Lancaster, New York and per the contract, Plaintiff would be paid the sum of Five Hundred Sixty and 05/100 Dollars ($560.05). (Exhibit "O" - Load Manifest from Metcalf Trucking LLC dated March 20, 2012). 33. On or about March 21, 2012, Plaintiff completed the transport of the said Load ID 23348 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiffs request for same. 34. On or about March 22, 2012, Defendant contacted Plaintiff and requested Plaintiffs services to transport Load ID 23386 from Lancaster, New York to Carlisle, Pennsylvania and per the contract, Plaintiff would be paid the sum of Five Hundred Six and 25/100 Dollars ($506.25). (Exhibit "P" - Load Manifest from Metcalf Trucking LLC dated March 20, 2012). 35. On or about March 22, 2012, Plaintiff completed the transport of the said Load ID 23386 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiffs request for same. 36. On or about March 23, 2012, Defendant contacted Plaintiff and requested Plaintiffs services to transport Load ID 23396 from Camp Hill, Pennsylvania to Capitol Heights, 9 Maryland and per the contract, Plaintiff would be paid the sum of Seventy-Five Dollars ($75.00). (Exhibit "Q" - Load Manifest from Metcalf Trucking, LLC dated March 22, 2012). 37. On or about March 26, 2012, Plaintiff completed the transport of the said Load ID 23396 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 38. On or about March 23, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23428 from Carlisle, Pennsylvania to Hillburn, New York and per the contract, Plaintiff would be paid the sum of Seventy-Five Dollars ($75.00). (Exhibit "R" - Load Manifest from Metcalf Trucking, LLC dated March 23, 2012). 39. On or about March 26, 2012, Plaintiff completed the transport of the said Load ID 23428 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 40. On or about March 23, 2012, Defendant contacted Plaintiff and requested Plaintiffs services to transport Load ID 23413 from Carlisle, Pennsylvania to Buffalo, New York and per the contract, Plaintiff would be paid the sum of Four Hundred Thirty-One and 25/100 Dollars ($431.25). (Exhibit "S" - Load Manifest from Metcalf Trucking, LLC dated March 23, 2012). 10 41. On or about March 26, 2012, Plaintiff completed the transport of the said Load ID 23413 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 42. On or about March 26, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23440 from Lancaster, New York to Carlisle, Pennsylvania and per the contract, Plaintiff would be paid the sum of Six Hundred Seventeen and 24/100 Dollars ($617.24). (Exhibit "T" - Load Manifest from Metcalf Trucking, LLC dated March 23, 2012). 43. On or about March 26, 2012, Plaintiff completed the transport of the said Load ID 23440 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 44. On or about March 27, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23422 from Mountville, Pennsylvania to Lancaster, New York and per the contract, Plaintiff would be paid the sum of Five Hundred Eighty-One and 25/100 Dollars ($581.25). (Exhibit "U" - Load Manifest from Metcalf Trucking, LLC dated March 27, 2012). 45. On or about March 28, 2012, Plaintiff completed the transport of the said Load ID 23422 and submitted a bill of lading to Defendant upon completion of the said run and requested 11 payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 46. On or about March 28, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23451 from Lancaster, New York to Carlisle, Pennsylvania and per the contract, Plaintiff would be paid the sum of Six Hundred Seventeen and 24/100 Dollars ($617.24). (Exhibit "V" - Load Manifest from Metcalf Trucking, LLC dated March 27, 2012). 47. On or about March 28, 2012, Plaintiff completed the transport of the said Load ID 23451 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 48. On or about March 29, 2012, Defendant contacted Plaintiff and requested Plaintiffs services to transport Load ID 23425 from Carlisle, Pennsylvania to Liverpool, New York and per the contract, Plaintiff would be paid the sum of Four Hundred Ninety and 25/100 Dollars ($490.25). (Exhibit "W" - Load Manifest from Metcalf Trucking, LLC dated March 28, 2012). 49. On or about March 30, 2012, Plaintiff completed the transport of the said Load ID 23425 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiffs request for same. 12 50. On or about March 29, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23461 from Peach Glen, Pennsylvania to Tully, New York and per the contract, Plaintiff would be paid the sum of Five Hundred Fifty-Eight and 36/100 Dollars ($558.36). (Exhibit "X" - Load Manifest from Metcalf Trucking, LLC dated March 28, 2012). 51. On or about April 2, 2012, Plaintiff completed the transport of the said Load ID 23461 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 52. On or about March 30, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23478 from Geneva, New York to East York, Pennsylvania and per the contract, Plaintiff would be paid the sum of Four Hundred Eighty- Seven and 501100 Dollars ($487.50). (Exhibit "Y" - Load Manifest from Metcalf Trucking, LLC dated March 28, 2012). 53. On or about March 30, 2012, Plaintiff completed the transport of the said Load ID 23478 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 54. On or about March 30, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23479 from Mechanicsburg, Pennsylvania to Buffalo, 13 New York and per the contract, Plaintiff would be paid the sum of Five Hundred Sixty-Nine and 32/100 Dollars ($569.32). (Exhibit "Z" - Load Manifest from Metcalf Trucking, LLC dated March 30, 2012). 55. On or about April 2, 2012, Plaintiff completed the transport of the said Load ID 23479 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff s request for same. 56. On or about March 30, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 234925 from Carlisle, Pennsylvania to Robesonia, Pennsylvania and per the contract, Plaintiff would be paid the sum of Three Hundred Sixty and 96/100 Dollars ($360.96). (Exhibit "AA" - Load Manifest from Metcalf Trucking, LLC dated April 2, 2012). 57. On or about April 3, 2012, Plaintiff completed the transport of the said Load ID 234925 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 58. On or about April 2, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23513 from Lancaster, New York to Carlisle, Pennsylvania and per the contract, Plaintiff would be paid the sum of Six Hundred Seventeen and 24/100 Dollars ($617.24). (Exhibit "BB" - Load Manifest from Metcalf Trucking, LLC dated March 30, 2012). 14 59. On or about April 2, 2012, Plaintiff completed the transport of the said Load ID 23513 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 60. On or about April 3, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23508 from Chambersburg, Pennsylvania to Mechanicsburg, Pennsylvania and per the contract, Plaintiff would be paid the sum of Four Hundred Twelve and 501100 Dollars ($412.50). (Exhibit "CC" - Load Manifest from Metcalf Trucking, LLC dated April 2, 2012). 61. On or about April 3, 2012, Plaintiff completed the transport of the said Load ID 23508 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff s request for same. 62. On or about April 3, 2012, Defendant contacted Plaintiff and requested Plaintiffs services to transport Load ID 23489S from Carlisle, Pennsylvania to Newburgh, New York and per the contract, Plaintiff would be paid the sum of Four Hundred Eighty-Eight and 51/100 Dollars ($488.51). (Exhibit "DD" - Load Manifest from Metcalf Trucking, LLC dated April 3, 2012). 63. On or about April 4, 2012, Plaintiff completed the transport of the said Load ID 23489S and submitted a bill of lading to Defendant upon completion of the said run and 15 requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 64. On or about April 4, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23539 from Allentown, Pennsylvania to East York, Pennsylvania and per the contract, Plaintiff would be paid the sum of Three Hundred Thirty-Seven and 50/100 Dollars ($337.50). (Exhibit "BE" - Load Manifest from Metcalf Trucking, LLC dated April 3, 2012). 65. On or about April 4, 2012, Plaintiff completed the transport of the said Load ID 23539 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 66. On or about April 5, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23506 from Camp Hill, Pennsylvania to Carteret, New Jersey and per the contract, Plaintiff would be paid the sum of Four Hundred Forty-One and 49/100 Dollars ($441.49). (Exhibit "FF" - Load Manifest from Metcalf Trucking, LLC dated April 5, 2012). 67. On or about April 6, 2012, Plaintiff completed the transport of the said Load ID 23506 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 68. On or about April 6, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23545 from Edison, New Jersey East to York, Pennsylvania and 16 per the contract, Plaintiff would be paid the sum of Three Hundred Ninety-Eight and 82/100 Dollars ($398.82). (Exhibit "GG" - Load Manifest from Metcalf Trucking, LLC dated April 5, 2012). 69. On or about April 6, 2012, Plaintiff completed the transport of the said Load ID 23545 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 70. On or about April 9, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23552 from Middletown, Pennsylvania to Chesapeake, Virginia and per the contract, Plaintiff would be paid the sum of Four Hundred Fifty Dollars ($450.00). (Exhibit "HH" - Load Manifest from Metcalf Trucking, LLC dated April 9, 2012). 71. On or about April 10, 2012, Plaintiff completed the transport of the said Load ID 23552 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 72. On or about April 10, 2012, Defendant contacted Plaintiff and requested Plaintiffs services to transport Load ID 23566 from Portsmouth, Virginia to East York, Pennsylvania and per the contract, Plaintiff would be paid the sum of Four Hundred Sixty-Eight and 75/100 Dollars ($468.75). (Exhibit "II" - Load Manifest from Metcalf Trucking, LLC dated April 9, 2012). 17 73. On or about April 11, 2012, Plaintiff completed the transport of the said Load ID 23566 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 74. On or about April 10, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23564 from Carlisle, Pennsylvania to Rochester, New York and per the contract, Plaintiff would be paid the sum of Five Hundred Seventeen and 49/100 Dollars ($517.49). (Exhibit "JJ" - Load Manifest from Metcalf Trucking, LLC dated April 10, 2012). 75. On or about April 11, 2012, Plaintiff completed the transport of the said Load ID 23564 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 76. On or about April 11, 2012, Defendant contacted Plaintiff and requested Plaintiff's services to transport Load ID 23578 from Medina, New York to Lebanon, Pennsylvania and per the contract, Plaintiff would be paid the sum of Five Hundred Forty-Three and 75/100 Dollars ($543.75). (Exhibit "KK" - Load Manifest from Metcalf Trucking, LLC dated April 10, 2012). 77. On or about April 12, 2012, Plaintiff completed the transport of the said Load ID 23578 and submitted a bill of lading to Defendant upon completion of the said run and requested payment of same in accordance with the said contract; however, Defendant refuses to make payment despite Plaintiff's request for same. 18 78. During the course of the contractual agreement, Plaintiff met with Mollie Stitt, an employee and representative of the Defendant, to review the past due amounts owed to the Plaintiff by the Defendant and Ms. Stitt made revisions to Plaintiff's written log of payments owed to him. (Exhibit "LL" - J. Roemer Transport, Unit 626, payment log). 79. Ms. Stitt amended Load ID 23197 to reflect Plaintiff was owed Five Hundred Twenty and 25/100 Dollars ($520.25). (Exhibit "LL" - J. Roemer Transport, Unit 626, payment log). 80. Ms. Stitt amended Load ID 23308 to reflect Plaintiff was owed Five Hundred Thirty-Two and 501100 Dollars ($532.50). (Exhibit "LL" - J. Roemer Transport, Unit 626, payment log). 81. Ms. Stitt amended Load ID 23386 to reflect Plaintiff was owed Six Hundred Forty-Two and 24/100 Dollars ($642.24). (Exhibit "LL" - J. Roemer Transport, Unit 626, payment log). 82. Ms. Stitt amended Load ID 23428 to reflect Plaintiff was owed Fifty Dollars ($50.00). (Exhibit "LL" - J. Roemer Transport, Unit 626, payment log). 83. Ms. Stitt amended Load ID 23422 to reflect Plaintiff was owed Six Hundred Twenty-One and 25/100 Dollars ($621.25). (Exhibit "LL" - J. Roemer Transport, Unit 626, payment log). 84. Defendant issued checks to Plaintiff for services rendered during the course of the contract which were returned to Plaintiff due to insufficient funds. 19 85. On or about May 4, 2012, Plaintiff terminated the contract with the Defendant because of the Defendant's refusal to make payments in accordance with the contract and because of the checks written to Plaintiff that were returned for insufficient funds. 86. Plaintiff has satisfied his requirements under the contract by returning all of the Defendant's equipment after the termination of the contract. (Exhibit "MM" - letter dated May 16, 2012). 87. As part of the contract, Plaintiff was required to maintain cargo and physical damage insurance which Plaintiff maintained through the Defendant's insurance carrier. 88. The cost of the cargo and physical damage insurance was One Hundred Seventeen and 501100 Dollars ($117.50) per week and was deducted from Plaintiff's paycheck. 89. The cost of the cargo and physical damage insurance for March 2, 2012 through April 12, 2012 is Seven Hundred Five Dollars ($705.00) COUNT I: BREACH OF CONTRACT 90. Paragraphs 1 through 89 are incorporated herein by reference. 91. Defendant breached the contract by failing to pay Plaintiff for the jobs as set forth in paragraphs 6 through 77 and then attempting to pay the Plaintiff with checks that were returned for insufficient funds. 92. Plaintiff requested Defendant remedy this breach; however, the Defendant refused to do so. 20 93. Defendant failed to do and perform certain things which were expressly, or by necessary implication, required to be done and performed by the agreement as follows: paying the Plaintiff according to the terms of the Contract for services rendered. 94. Plaintiff relied upon the terms as set forth in the contract and signed by the Defendant. 95. Defendant has failed and refused, and still refuses, to cure the aforesaid breaches, despite Plaintiff's repeated demands for payment. 96. The reasonable cost of remedy the aforesaid breaches is Fifteen Thousand Nine Hundred Forty-Four and 51/100 Dollars ($15,944.51). WHEREFORE, Plaintiff respectfully requests judgment in his favor and against the Defendant, Metcalf Trucking, LLC, in the amount of Fifteen Thousand Nine Hundred Forty- Four and 51 /100 Dollars ($15,944.51), court costs of this action, and interest, and any other relief deemed appropriate by this Honorable Court. rniTNT IIr QUANTUM MERUIT 97. Paragraphs 1 through 96 are incorporated herein by reference. 98. Benefits were conferred by Plaintiff upon Defendant through the labor of Plaintiff. 99. Plaintiff with great skill, expertise, and dedication transported the loads for the benefit of the Defendant. 100. Defendant received the benefit of the labor provided by the Plaintiff in that the Defendant received compensation for all the loads the Plaintiff transported for the Defendant. 21 101. The Defendant has accepted and retained the said benefit. 102. It would be inequitable for the Defendant to retain the benefit provided by Plaintiff without Defendant's payment of value for those services. WHEREFORE, Plaintiff respectfully requests judgment in his favor and against the Defendant, Metcalf Trucking, LLC, in the amount of Fifteen Thousand Nine Hundred Forty- Four and 511100 Dollars ($15,944.51), court costs of this action, and interest, any other relief deemed appropriate by this Honorable Court. Dated: a Respectfully submitted, COYNE & COYNE, P.C. Y: Lisa Warie Coyne, Esquir Pa. Supreme Ct. No. 5378 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff 22 1 VE>?ffIGATION 'i The facts set forth in the foregoing are true and correct to the best of the undersigned`s knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A.. §4904. Dated: I i EXHIBIT A INDEPENDENT CONTRACTOR AGREEMENT METCALF TRUCKING, LLC ("CARRIER"), a motor carrier operating pursuant to authority issued by state and/or federal agencies, and JOHN ROEMER DBA J ROEMER TRANSPORT (SOLE PROPRIETORSHIP) ("INDEPENDENT CONTRACTOR"), in consideration of the covenants and agreements contained herein, enter into this Independent Contractor Agreement ("Agreement"). 1. PROVISION OF SERVICES AND EQUIPMENT During the time period set forth in Paragraph 2, INDEPENDENT CONTRACTOR shall provide CARRIER transportation related services and the Equipment set forth below or in appendix ("Equipment"). INDEPENDENT CONTRACTOR represents and warrants that INDEPENDENT CONTRACTOR has title to or is authorized to contract the Equipment and services to CARRIER. TRUCK Year 1999 Make KENWORTH Serial No. DWVDB9X9XT793902 Unit # 626 2. DURATION OF AGREEMENT. This agreement shall begin on the date indicated on the signature page and shall remain in effect for a period of not less that one (1) year from that date, but may be terminated in accordance with the provisions of paragraph 4; provided, however, that this Agreement may be terminated at any time in accordance with the provisions of paragraph 9. 3. COMPENSATION and DEDUCTIONS. It is expressly understood and agreed that INDEPENDENT CONTRACTOR'S compensation shall constitute the total compensation for everything furnished, provided or done by INDEPENDENT CONTRACTOR in connection with this Agreement. All mileage computations shall be based on the CUSTOMER'S mileage guide or the CARRIER'S mileage guide. The CUSTOMER'S mileage guide always takes precedence. (Again, the INDEPENDENT CONTRACTOR is paid on miles paid to CARRIER using the CUSTOMER'S mileage guide and computations, if a mileage pay is required in place of % of Revenue or fuel surcharge.) The following (not inclusive) compensation and deductions follow: a. % of Revenue: The contracted % of Revenue is based on years of service and accident/ dot violations record as is appendix "B". b. Bobtail: CARRIER does not pay INDEPENDENT CONTRACTOR for any Bobtail. c. Fuel Surcharge: CARRIER pays INDEPENDENT CONTRACTOR 100% of any fuel surcharge it negotiates from contracted customers or brokers. d. Accessorial Charges: CARRIER will pay INDEPENDENT CONTRACTOR accessorial charges (not inclusive) per its standard company policy. (a) Detention: minimum of $15 per hour, after designated free time from customer, broker, negotiated rate, or company policy. CARRIER does not pay detention when it does not receive detention and/or the INDEPENDENT CONTRACTOR fails to obtain necessary documentation and/or signatures required by customer to receive detention pay. Load must be delivered on-time. (b) Stop Pam minimum of $15 per stop. Stop pay does not include the pick up or delivery but does include any stop in-between or as paid by the customer. (c) Driver Assist per entire truck off-load: negotiated rate, or company policy. (d) Any other accessorial chare.required will be negotiated or per company policy. e. Late Charge: CARRIER will deduct $100 or a fine rate charged by customer/ . broker, from INDEPENDENT CONTRACTOR'S settlement per late scheduled pick up or delivery. f. INDEPENDENT CONTRACTOR to reimburse the CARRIER for the following (not inclusive): (a) License Plates and Permits: Shall be deducted from INDEPENDENT CONTRACTOR'S compensation within an agreed upon time frame. (b) Fuel purchased with company fuel card per settlement. (c) Quarterly Fuel Taxes to be deducted from settlement at the end of each quarter. NYHITT is deducted monthly. (d) Ez"pass: If provided by CARRIER, INDEPENDENT CONTRACTOR will have deduction from settlement for invoiced amount monthly (e) Any other charge backs per paragraph 12 of agreement. 4. TERMINATION. Subject to the provisions of the paragraph 2, this Agreement may be terminated for any reason by giving fifteen (15) days written notice to that effect to the other party either personally, by mail, or by fax machine at the address or fax number shown at the end of this Agreement. The CARRIER reserves the right to release INDEPENDENT CONTRACTOR before the end of the fifteen (15) day period. INDEPENDENT CONTRACTOR shall, upon the termination of this Agreement, remove all CARRIER identification from the Equipment, and return all of CARRIER's property, including but not limited to trailers, load locks, chains, binders, paperwork and freight, to CARR>ER's nearest terminal. If INDEPENDENT CONTRACTOR fails to return CARRIER' property or freight to CARRIER or remove all CARRIER identification from the Equipment within three (3) days after termination of this Agreement, INDEPENDENT CONTRACTOR shall pay CARRIER an initial payment of damage in the amount of $1,000.00, as a pre-estimate of damage and not as a penalty, and CARRIER may pursue all other remedies allowed by law or authorized in the Agreement against INDEPENDENT CONTRACTOR. If INDEPENDENT CONTRACTOR fails to, perform its obligations under this Agreement, CARRIER may, in addition to any other remedy provided by law or under this Agreement, complete INDEPENDENT CONTRACTOR's obligations and charge INDEPENDENT CONTRACTOR for any expenses associated with completing such obligations. 5. INDEPENDENT CONTRACTOR'S RESPONSIBILITIES. (a) Compliance, with Pertinent Laws and Regulations. i. ]NDEPENDENT CONTRACTOR shall meet all of the requirements of the U.S. Department of Transportation, CARRIER'S insurance hiring guidelines, CARRIER'S hiring guidelines and policies, including but not limited to, familiarity and compliance with state and federal motor carrier safety laws and regulations. For insurance purposes, all drivers provided by INDEPENDENT CONTRACTOR must be twen five (25)years of age or older, have at least three (3) years of verifiable tractor-trailer driving experience within the last five (55) Years; and, possess a valid Commercial Driver's License, with the appropriate endorsements for single 28'-53' trailers, double-trailers, and hazardous materials (if used by CARRIER), from their state of residence. ii. INDEPENDENT CONTRACTOR shall carry a copy of this Agreement in the Equipment at all times and file with CARRIER, on a timely basis, all log sheets and supporting documents, physical examination certificates, accident reports, and any other required data, documents, or reports. iii. INDEPENDENT CONTRACTOR agrees that all bills of lading, waybills, freight bills, manifests, or other papers identifying the property carried on the Equipment during the period it is contracted shall be those of CARRIER, or as authorized by CARRIER, and shall indicate that the property transported is under the responsibility of CARRIER or a carrier with which the Equipment has been subcontracted. iv. INDEPENDENT CONTRACTOR shall, as required by 49 C.F.R. 382.103, comply with CARRIER's Drug and Alcohol Policy, and any addendums or revisions thereto. V. INDEPENDENT CONTRACTOR agrees to operate the Equipment in a safe and prudent manner at all times in accordance with the laws of the various jurisdictions in which the Equipment will be operated and pursuant to the operating authorities of CARRIER, and in accordance with all rules related to traffic safety, highway protection and road requirements. Moreover, INDEPENDENT CONTRACTOR agrees to comply with the terms of Agreement while operating the Equipment on behalf of CARRIER. Failure to do so will result in termination. (b) Operational Expenses. i. INDEPENDENT CONTRACTOR shall, at its sole cost and expense provide all the Equipment readtto operate and fully roadworthyf including the necessary license, permits, cab cards, vehicle identification stamps and state base plates, and shall furnish all necessary oil, fuel, tires, and other parts, supplies, and equipment necessary or required for the safe and efficient operation and maintenance of the Equipment, including repairs for the operation of such Equipment; and shall pay all other expenses incident to such operation, including, but not limited to, highway use tax, weight taxes, state property or indefinite state taxes, fuel taxes, and registration fees, ferry and toll charges (and, if applicable, detention and accessorial charges not collected by CARRIER because of INDEPENDENT CONTRACTOR'S failure to provide the required documentation). ii. If CARRIER chooses; for the purpose of computing and paying all state fuel taxes for the Equipment, CARRIER may issue INDEPENDENT CONTRACTOR a fuel card to be used for all fuel purchases. All fuel charges and state fuel taxes will be charged back to INDEPENDENT CONTRACTOR pursuant to Paragraph 12 of this Agreement. In the event INDEPENDENT CONTRACTOR fails to use CARRIER's fuel card, INDEPENDENT CONTRACTOR shall be responsible for providing CARRIER with- an accurate accounting of all fuel purchases and miles traveled for the purpose of computing state fuel tax liability. iii. INDEPENDENT CONTRACTOR shall be. responsible for maintaining, and shall .'maintain the Equipment in safe condition and in complete compliance with all laws and regulations of the states in which INDEPENDENT CONTRACTOR operates, the Department of Transportation, and the Surface Transportation Board. INDEPENDENT CONTRACTOR shall, at its own expense, make the Equipment available for inspection by CARRIER on an annual basis and upon reasonable request by CARRIER. Not less than 120 days, INDEPENDENT CONTRACTOR, shall, at its sole cost and expense, have the Equipment inspected and/or maintained at an independent repair or maintenance facility authorized by CARRIER. INDEPENDENT CONTRACTOR shall, as directed by CARRIER, forward to CARRIER all inspection and maintenance records for the Equipment. iv. INDEPENDENT CONTRACTOR agree to pay all fines imposed for violation of any law or regulation by the state or any locality.in which INDEPENDENT CONTRACTOR operates, the Department of Transportation, or the Surface Transportation Board, where such violations results, at least partially, from the acts of omissions of INDEPENDENT CONTRACTOR. v. INDEPENDENT CONTRACTOR shall have the duty to determine that all shipments are in compliance with the size and weight laws of the states in or through which it will travel and to notify CARRIER if the vehicle is overweight or in need of permits before commencing the haul. Except when the violation results from the acts or omissions of INDEPENDENT CONTRACTOR, CARRIER shall assume, on interstate loads only, the risks and costs of fines for overweight and oversize trailers when such trailers are preloaded and sealed, or the load is containerized, or for improperly permitted over dimension and overweight loads, or the trailer or loading is otherwise outside of INDEPENDENT CONTRACTOR's control. CARRIER that the vehicle is overweight or in need of permits vi. INDEPENDENT CONTRACTOR shall pay fo4 and defend indemnify and hold CARRIER harmless for the first One Thousand Dollars W,000.00) for each claim involving any loss damage, fines, expense including reasonable attorney's fees actions and claims arising out of, or in connection with, the cleaning up of any accident or any spills involving the Equipment of the INDEPENDENT CONTRACTOR's services; provided, however, that INDEPENDENT CONTRACTOR shall be responsible for the entire amount of any such loss or damage if the incident is caused, in whole or in part, by the willful or intentional act of omission of INDEPENDENT CONTRACTOR. 3 (c) Cargo Claims. INDEPENDENT CONTRACTOR shall immediately report all cargo claims, including all shortages, overages or other exceptions to the cargo, to CARRIER. INDEPENDENT CONTRACTOR shall be liable for, and shall pay, the first One Thousand Dollars 01,000 00) for each cargo claim, including but not limited to: delay, shortages, mis-delivery, and any direct damage claim relating to lost, damaged or contaminated loads, arising out of, or in connection with INDEPENDENT CONTRACTOR's services; provided, however, that INDEPENDENT CONTRACTOR shall be responsible for the entire amount of any such loss or damage of the incident is caused, in whole or in part, by the willful or intentional act or omission of INDEPENDENT CONTRACTOR. (d) Use of Trailer. INDEPENDENT CONTRACTOR agrees to return any trailer provided for its use by CARRIER in the same good condition as received by INDEPENDENT CONTRACTOR, reasonable wear and tear excepted, along With any and all other equipment and property belonging to CARRIER. In the event the trailer is not in as good a condition as it was delivered by CARRIER, INDEPENDENT CONTRACTOR hereby authorizes CARRIER to restore the trailer to prover condition and to deduct or charge INDEPENDENT CONTRACTOR for such repairs or reconditianine. In the event INDEPENDENT CONTRACTOR for any reason fails to comply with this provision, INDEPENDENT CONTRACTOR agrees to reimburse CARRIER for all reasonable expense and costs incurred by CARRIER in recovery of its trailer and/or property from INDEPENDENT CONTRACTOR. INDEPENDENT CONTRACTOR agrees that in the event it is necessary for `CARRIER to enter upon private property and/or remove private property in order to recover its trailer and/or property, INDEPENDENT CONTRACTOR does hereby irrevocably grant CARRIER or its duly authorized agents, permission to do so and further agrees to save and hold harmless CARRIER, or its duly authorized agents, from any form of liability whatsoever in connection with such repossession. INDEPENDENT CONTRACTOR shall be liable for and pay the first One Thousand Dollars ($1000.00) for each incident involving direct indirect and consequential damage, including but not limited to towing charges and reasonable attorney's fees, arising out of, or in connection with, INDEPENDENT CONTRACTOR's use of, CARRIER's trailers, CARRIER's customer's trailers, other equipment of CARRIER's, or equipment of any . other carrier; provided, however, that INDEPENDENT CONTRACTOR shall be responsible for the entire amount of any such loss or damage if the incident is caused, in whole or in part, by the willful or intentional act or omission of INDEPENDENT CONTRACTOR. (e) Insurance. The responsibilities and obligations between CARRIER and INDEPENDENT CONTRACTOR involving insurance shall be as specified in paragraph 6(e) and in Appendix A. CARRIER shall have no, insurance responsibilities or obligations pertaining to INDEPENDENT CONTRACTOR other than those expressly stated in this agreement or mandated by law. Additionally, if INDEPENDENT CONTRACTOR does not maintain the minimum driver underwriting guidelines termination will result. (f) Accidents and Claims. INDEPENDENT CONTRACTOR shall immediately report any accident or potential claim to CARRIER involving. operations under this Agreement, including INDEPENDENT CONTRACTOR's written report of such accident or claim. In the event INDEPENDENT CONTRACTOR faits to notify CARRIER of the accident within a reasonable time (1 to 4 hours, unless physically unable due to injury) from the time of the accident or claim, INDEPENDENT CONTRACTOR shall be liable for any and all damages resulting from that failure to notify, including but not limited to consequential damages, fines, claims by third parties and reasonable attorney fees. INDEPENDENT CONTRACTOR shall cooperate fully with CARRIER in the conduct of any legal action, regulatory hearing or other similar process arising from the operation of the Equipment, the relationship created by this Agreement or the services performed hereunder. INDEPENDENT CONTRACTOR shall, upon CARRIER's request, provide written reports or affidavits, attend hearings and trials and assist in securing evidence or obtaining the attendance of witnesses. INDEPENDENT CONTRACTOR shall provide CARRIER with any assistance as may be necessary for CARRIER or CARRIER's representatives or insurers to investigate, settle, or litigate any accident, claim or potential claim by or against CARRIER. A (g) Personal Injury and Property Damage. Personal injury and/or property damage claims due, in whole or in part, to INDEPENDENT CONTRACTOR"S negligence, as determined by CARRIER, will be charged to INDEPENEDENT CONTRACTOR up to One Thousand Dollars ($1,000.00 per claim, when such claims arise out of INDEPENDENT CONTRACTOR'S operation of the Equipment on a public highway or road. Personal injury and/or property damage claims due, in whole or part, to INDEPENDENT CONTRACTOR'S negligence, as determined by CARRIER, will be charged to INDPENDENT CONTRACTOR up to Two Thousand Dollars ($1,000) per claim, when such claims arise out of INDEPENDENT CONTRACTOR'S operation of Equipment on private or governmental property other than a public highway or road. (h) Hold Harmless. INDEPENDENT CONTRACTOR agrees to defend, indemnify and hold harmless CARRIER from any direct, indirect, and consequential loss, damage, fine, expense; including reasonable attorney's fees, action, claim for injury to persons, including death, and damage to property which CARRIER may incur arising out of or in connection with INDEPENDENT CONTRACTOR's obligations under this Agreement or breach thereof, including but not limited to, all losses of any kind or nature, property damage, injuries and death to persons arising out of the use, operation or maintenance of the equipment when not under dispatch or in the business of the CARRIER. This provision shall remain in full force and effect both during and after the termination of this Agreement. (i) Equipment .Out-Of-Service Notice. Except in the event of an unforeseen emergency, INDEPENDENT CONTRACTOR shall provide CARRIER with at least one hundred and twenty (120) hours advance notice (5 days) before placing the Equipment out-of-service or otherwise making the Equipment unavailable for dispatch. Failure to do will be considered a breach of contract and termination may result. (j) Occupational Accident or Workers Compensation insurance: INDEPENDENT CONTRACTOR must provide to CARRIER proof of one or both of said insurance certificates, with CARRIER listed as certificate holder. 6. CARRIER"S RESPONSIBILITIES. (a) Exclusive Possession and Responsibility. The Equipment shall be for CARRIER's exclusive possession, control, and use for the duration of this Agreement. CARRIER shall assume complete responsibility for the operation of the Equipment for the duration of this Agreement. This subparagraph is set forth solely to conform to Surface Transportation Board regulations and shall not be used for any other purposes, including any attempt to classify INDEPENDENT CONTRACTOR as an employee of CARRIER. Nothing in the provisions required by 49.C.F.R. 376.12(c) (1) is, intended to affect whether the INDEPENDENT CONTRACTOR is an independent contractor or an employee of the CARRIER. An independent contractor relationship may exist when a carrier complies with 49 U.S.C. 14102 and attendant administrative requirements. (b) Insyection of Equipment. CARRIER certifies that, before taking possession of the Equipment,_ every 120 days thereafter, and on an annual basis thereafter, the Equipment was inspected by one of its responsible and competent employees or agents. INDEPENDENT CONTRACTOR agrees to equipment inspection. If INDEPENDENT CONTRACTOR passes the every 120 day inspection there is no charge. Receipt for Equipment. Upon taking possession of the Equipment from INDEPENDENT CONTRACTOR, CARRIER shall furnish to INDEPENDENT CONTRACTOR a receipt for equipment, which shall constitute the receipt required by 49 C.F.R. 376.11 (B). Upon termination of this Agreement, INDEPENDENT CONTRACTOR shall execute a similar receipt for equipment as the written receipt for the return of the Equipment by CARRIER to INDEPENDENT CONTRACTOR; provided, however, that the Agreement and CARRIER's obligations thereunder- shall expire upon the termination of this Agreement regardless of whether INDEPENDENT CONTRACTOR submits the receipt for equipment required under this. provision. (c) Identification of Equipment. CARRIER shall identify the Equipment in accordance with the requirements of the Surface Transportation Board, Department of Transportation, and 5 appropriate state regulatory agencies. CARRIER shall have the right to place and maintain on the Equipment CARRIER's name and any lettering, advertisement, slogans, or designs as CARRIER may choose. At INDEPENDENT CONTRACTOR'S expense, CARRIER will identify equipment. INDEPENDENT CONTRACTOR shall immediately remove such identification at the termination of this Agreement or while operating such Equipment for any purpose other than conducting CARRIER's business. As its discretion, INDEPENDENT CONTRACTOR may have identification permanently painted on the Equipment. INDEPENDENT CONTRACTOR further agrees to keep the Equipment in clean appearance and identified as described herein, at its sole cost and expense. (d) Insurance. Unless authorized to be self-insured, CARRIER shall maintain public liability, property damage, and cargo insurance in such amounts as are required by the Surface Transportation Board, Department of Transportation, and applicable state regulatory agencies. CARRIER shall maintain insurance coverage for the protection of the public pursuant to the Surface Transportation Board's regulations under 49 U.S.C. 13906. CARRIER's self-insurance or possession of legally required insurance in no way restricts CARRIER's right of indemnification from INDEPENDENT CONTRACTOR under Paragraph 5(g) and other provisions of this Agreement. INDEPENDENT CONTRACTOR will be responsible for having a set amount each week deducted from settlement to cover the costs for Liability/ Cargo insurance. . 7. INDEPENDENT CONTRACTOR NOT EMPLOYEE OF CARRIER. It is expressly understood and agreed that INDEPENDENT CONTRACTOR is an independent contractor for the Equipment provided pursuant to this Agreement, and that INDEPENDENT CONTRACTOR agrees to defend, indemnify, and hold CARRIER harmless for any claims, suits, or actions, including reasonable attorney fees in protecting CARRIER's interests, brought by employees, any union, the public, or state or federal agencies, arising out of the operation of the Equipment pursuant to this Agreement. In this regard, INDEPENDENT CONTRACTOR hereby assumes full control and responsibility for all hours scheduled and worked, wages, salaries, workers' compensation and unemployment insurance, state and federal taxes, fringe benefits, and all other costs relating to the use of drivers provided by INDEPENDENT CONTRACTOR pursuant to this Agreement. Proof of such control and responsibility shall be submitted by INDEPENDENT CONTRACTOR to CARRIER as required BY CARRIER and may include, but not limited to, proof of highway tax being currently paid when the INDEPENDENT CONTRACTOR purchases the license; proof of income tux being currently paid; proof of payment of payroll tax for INDEPENDENT CONTRACTORS striver and a certificate of workmen's compensation, occupational accident insurance and bob-tail insurance containing a 30- day notice of change and/or cancellation clause. For the purpose of this section, the term INDEPENDENT CONTRACTOR refers to the owner of the Equipment as well as drivers that may be operating the Equipment on behalf of the owner. As required by law, CARRIER agrees to file information tax returns (Form 1099) on behalf on INDEPENDENT CONTRACTOR if INDEPENDENT CONTRACTOR is paid more than the statutory amount in compensation during a calendar year.' 8. MM-LEASING. INDEPENDENT CONTRACTOR may trip-lease the Equipment upon prior written notice received by CARRIER in the mail. However, INDEPENDENT CONTRACTOR shall return CARRIER's trailer to site designated by CARRIER before commencing on such trip-lease. Prior to and during the term of any trip lease, INDEPENDENT CONTRACTOR shall remove or cover up all of CARRIER's identification on the Equipment, and CARRIER shall have no responsibility for, and INDEPENDENT CONTRACTOR shall fully indemnify CARRIER regarding, the operation of the Equipment. 9. BREACH. Notwithstanding anything to the contrary in this Agreement, this Agreement may be terminated, at any time, by either party in the event of a breach by the other of any term or obligation contained in this Agreement. In the event of a breach and when practicable, written notice shall be served upon the breaching party, notifying such party of the breach and the termination of the Agreement and reason(s) therefore. If, in CARRIER's judgment, INDEPENDENT CONTRACTOR has subjected CARRIER to liability because of INDEPENDENT CONTRACTOR's acts of omission, 4 CARRIER may take possession of the lading entrusted to INDEPENDENT CONTRACTOR and complete performance. In such event, INDEPENDENT CONTRACTOR shall waive any recourse against CARRIER for such expenses, or damages including reasonable attorney's fees incurred by CARRIER as a result of CARRIER's taking possession of the lading and completing performance. 10. SETTLEMENT PERIOD. CARRIER shall settle with INDEPENDENT CONTRACTOR with respect to services provided under this Agreement within 15 calendar days after INDEPENDENT CONTRACTOR's submission, in proper form, of those documents necessary for CARRIER to secure payment, including but not necessarily limited to, the signed freight bill, delivery receipt or bill of lading, and properly completed logs as required by the Department of Transportation. If INDEPENDENT CONTRACTOR's compensation is based on a percentage of the gross revenue for a shipment, the CARRIER will give INDEPENDENT CONTRACTOR, before or at the time of settlement a copy of the rated freight bill (or a computer-generated summary), subject to CARRIERSs right to delete the names. of shipper and consignees, and INDEPENDENT CONTRACTOR may examine copies of the CARRIER's tariff relating to the services upon which settlement is based. CARRIER shall have the, right to review all of INDEPENDENT CONTRACTOR's documents and records relating to the use of the Equipment and to the services provided under this Agreement, and INDEPENDENT CONTRACTOR agrees to provide CARRIER with access to such documents and records upon reasonable notice. 11. CHARGE BACK. CARRIER shall charge back to INDEPENDENT CONTRACTOR at the time of payment or settlement, any expenses CARRIER has borne that, under this Agreement, INDEPENDENT CONTRACTOR is obligated-to bear. Such expenses shall be deducted from the amount of INDEPENDENT CONTRACTOR's compensation and shall include, but not be limited to, those expenses set forth in this Agreement as well as C.O.D. and freight collect remittances due CARRIER, advances, cargo claims, fuel and mileage taxes, property damage, towing charges, insurance deductibles, reasonable attorney's fees incurred in reducing potential liabilities arising out of, or in connection with, INDEPENDENT CONTRACTOR's actions or failure to act under the terms of this Agreement. CARRIER shall provide INDEPENDENT CONTRACTOR written itemization and documentation of all charge backs.. 12. FINAL SETTLEMENT. With respect to final settlement, the failure on the part of INDEPENDENT CONTRACTOR to allow CARRIER to remove and recover all identification devices and other property belonging to CARRIER shall constitute a breach of this Agreement. Such breach shall entitle CARRIER to withhold any payment owed to INDEPENDENT CONTRACTOR until such obligations are met The parties agree that, in addition to any other right, remedy or claim CARRIER may have, INDEPENDENT CONTRACTOR shall pay CARRIER $25.00 per day for INDEPENDENT CONTRACTOR's failure to allow CARRIER to remove and recover such property. 13. PASSENGER AUTHORIZATION. INDEPENDENT CONTRACTOR shall not allow any passenger to ride in the Equipment unless authorized in writing by CARRIER as required by law. Before passenger authorization will be given.by CARRIER, INDEPENDENT CONTRACTOR and the passenger requesting authorization shall submit a fully executed Passenger Authorization and Release of Liability form to CARRIER for prior approval. In no event shall more than one authorized passenger be permitted at any one time. Failure to comply will be considered a breach of contract and termination can result. 14. LOADING AND UNLOADING. INDEPENDENT CONTRACTOR shall be responsible for the loading or unloading of property transported on behalf of CARRIER at INDEPENDENT CONTRACTOR's expense or in accordance with CARRIER'S policies or negotiated rates or CARRIER approves payment of limper services 7 IN WITNESS WHEREOF, CARRIER and INDEPENDENT CONTRACTOR Do hereby sign this Agreement on this 18th Day of January 2012, the effective date of this Agreement. METCALF TRUCKING, LLC CARRIER Signature INDEPENDENT CONTRACTOR JOHN ROEMER DBA J ROEMER TRANSPORT (SOLE PROPRIETORSHIP) 4RA''tuxegA? IRS W-9 Certification: Under penalties of perjury, I certify that the number shown on this form is my correct tax pay identification number and I am not subject to back-up withholdings according to the Internal Revenue Service (IRS). (DBA - Name that matches SS# or FID# used below) (Social Security Number of Federal I.D. Number) (This number will be used on Federal Form 1099) Corporation Individual Partnership APPENDIX "A" INDEPENDENT CONTRACTOR is responsible for the following insurances: 1. Bob-Tail or commercial auto liability coverage with limits of not less than one million dollars per occurrence which the parties agree shall be primary with respect to any and all losses arising out of the use, operation or maintenance of the equipment when not under dispatch or in the business of the CARRIER. (Proof of insurance must be provided to the CARRIER. CARRIER does not provide bob-tail insurance) 2. Physical Damage coverage of the equipment for collision and either specified perils or comprehensive coverage: (Proof of insurance must be provided to the CARRIER. CARRIER does not provide physical damage insurance) 3. Worker's Compensation or Occupational Accident Insurance as appropriate, by law: (Proof of insurance must be provided to the CARRIER. CARRIER does not provide worker's compensation or occupational accident insurance.) Notes: 1. Should INDEPENDENT CONTRACTOR choose to do so, it may utilize the CARRIER's insurance company and wholly reimburse the CARRIER for the appropriate premiums. 2. It is the CARRIER'S company policy that all INDEPENDENT CONTRACTORS have bob-tail, physical damage, and worker's compensation or occupational accident insurance. If the INDEPENDENT CONTRACTOR is providing drivers for his equipment the drivers must be covered by worker's compensation or occupational accident insurance and provide proof of insurance. METCALF TRUCKING, LLC CARRIER Signature DATE: INDEPENDENT CONTRACTOR JOHN ROE R DBA J ROEMER TRANSPORT ( PROPRIETORSHIP) igna e a D 4A*Zj`Zr1 4 APPENDIX "B" INDEPENDENT CONTRACTOR RATES Providing that the INDEPENDENT CONTRACTOR has had no preventable accidents and log book or driver out of service violations from the Department of Transportation, the following owner operator rates will be in effect: STARTING RATE 72% OF REVENUE and Fuel Surcharge if applicable from customer/broker 1 YEAR RATE 73 % OF REVENUE and Fuel Surcharge if applicable from customer/broker 2 YEAR RATE 74% OF REVENUE and Fuel Surcharge if applicable from customer/broker 3 + YEAR RATE (MAX) 75% OF REVENUE and Fuel Surcharge if applicable from customer/broker Owner Operator is at current rate of 75% as of 01/18/2012. METCALF TRUCKING, LLC CARRIER Signature Date INDEPENDENT CONTRACTOR 2M JOHN ROEMER DBA J ROEMER TRANSPORT (SOLE PROPRIETORSHIP) I AZ-*40 T Si ture X.-z' 13 D to fb IV APPENDIX "C" AMOUNT FOR TRUCKING LIABILITY/CARGO INSURANCE EFFECTIVE 15T WEEK OF DECEMBER 2011. THESE PAYMENTS ARE DEDUCTED FROM YOUR SETTLEMENTS ON A WEEKLY BASIS UNTIL PREMIUM PAID IN FULL. 2012 RATES $470.09 per month $117.52 per week GREAT WEST INSURANCE COMPANY COVERAGE is $1,000,000 general trucking liability $100,000 cargo Deductible is $1000 Reefer Deductible is $1500 (cargo reefer loads) METCALF TRUCKING, LLC CARRIER Signature j 1g1;01a Date INDEPENDENT CONTRACTOR JOHN ROEMER DBA J ROEMER TRANSPORT (SOLE PROPRIETORSHIP) Si ttrre lt 11 EXHIBIT 1 -YT ' Load ID 23197 Load Status Assigned oad instructions Metcalf Trucking, LLC Load Manifest Scheduled Start Date 031G2/-12 15:00 Dispatcher AMILLER Scheduled End Date 03!05/12 06:00 Shipper Ref # 171724 Unloaded Origin Company Unloaded origin Address Jessup. MD 20794 Phone # Office Hours Notes Directions Contact Scheduled Arrival Date Scheduled Departure Date Loaded Origin Company AL I-F-N D!ST BLDG 12 Scheduled Arrival Date 03i02112 15:00 Scheduled Departure Date -- Address 1700 SHEARER DR, Carlisle, N. 17013 Pickup % Phone # (717)258-8504 Contact PAWBRYAN Office tours 24/7 DROP&HOOK Notes P!U#970314 BEER ON DROP TRAILER TAKE 11\1 EMPTY Directions 81 S X-44 OFF RAMP RIGHT TO 2ND LIGHT RIGH F ON 11 N 1-0 1ST LIGHT LEFT ON SHEARER THEY ARE 1ST BLDG ON RIG?1l" Destination Company CNONDAGA BEVERAGE: CORP Scheduled Arrival Date 03105:12 06:00 Scheduled Departure Date Address 7655 EDGECOM6 DR. Liverpool, NY 13088 Phone # (315)451-8360 276 Contact DAVi/h ELLIS Drop Office Hours W7H 0530-1430 F 0530-NOCN Notes Directions 81 N TO X28. TAFT RDl GO WES T 3 MI TO HENRY CLAY BLVD MERGE RIGHT ONTO HENRY CLAY AND GO NORTH 1 MI TO LEFT ON DEY RD THEN RIGH ON EDGECOMS nR END IN PARKING LOT Resource Type Start JOHNROEMER Owner Operat, 0001 Jessup, MD 20794 3319 Trailer 0001 Jessup, MD 20794 626 Tractor 0001 Jessup, MD 207;14 Page 1 of 1 End 0003 Liverpool, NY 13088 0003 Liverpool, NY 13088 0003 Liverpool, NY 13088 03/02112 EXHIBIT c p.2 °l k Metcalf Trucking, LLC Load Manifest Load ID 23194 Scheduled Starr. Date :13/05112 06:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 03/05/12 06:00 Shipper Ref # S0029038 Load Instructions Unloaded Origin Company Unloaded origin Address Liverpool, NY 13088 Phone # Office Hours Notes Directions Scheduled Arrival Date Scheduled Departure Date Contact Loaded Origin Company AGRO - FARMA INC. Scheduled Arrival Date 03105112 06:00 Scheduled Departure Date 03105/12 23:00 Address 669 COUNTY" RD. 25, New Berlin, NY 13411 Pickup _?: Phone #. (607)847-6181 Contact Office Hours tai-F 8r.;-4:30P Notes SHIPS 2417 P04SC029033 REEFER LOAD 36 Directions ADIRONDACK NORTHWAY S. (87-S) - RT ONTO US-20 - LEFT ONTO RT8 - LEFT ONTO COUNTY RTE 25 - VVHSE 2 MILE'S ON LEFT Goods Quantity Weight Pieces Pallets REEFER LORD FOODS _ 1 1 41.640.00 _30.0 Destination Company GiAN7 Scheduled Arrival Date 03/06/12 06:00 Scheduled Departure Date 03/06112 06:00 Address 1621 INDUSTRIAL DR. Carl;sie, PA 1701 Phone # (717)249-8033 Contact Drop ?' Office Hours Notes APPT#55314 Directions 81 S TO X-44 RIGHT OFF RAMP TO 2ND LIGHT R!GNT ON RT 11 TO 2ND LIGHT LEFT ON INDUSTRIAL DR FOLLOW TO r- ND Grp LEFT TO GUARD SHACK Goods Ouantity Weight Pieces Pallets REEFER LCAD FOODS 1 41.640.00 ?.200.00 301 Resource Type Start End JOHNROEMER Owner Operat, 0001 Liverpool, NY 13083 0003 Carlisle. P417013 3319 Tiailer 0001 Liverpooi, NY 13038 0003 Carlisle. PA 17013 626 Tractor 0001 Liverpool. NY 1,3088 UCU3 Carlisle. PA 17013 Page 1 of 1 03/02/12 Cx?I EXHIBIT D P.3 Nle calf Trucking, LLC Load Manifest Load I'D NRMPf Scheduled Staff c Dite 031061,12 11'31 Dispatcher AMILLER Load Status Assicl:.e:! Scheduled End Date 03105112 `2:30 Shippe Ref ft Load Instructions Unloaded Origin Cc- a;)i Unloaded or gvi S:4reduled Arrival Date S(;heauled Departure Date A c; nss Carlisle. FA 1701:.3 Qii^.'i•? ro CL,itact Office 1;:?!?!r Not8s Directions Loaded Origin. Co:,, ; _any INIETC AI_I TRUCKING, LLC ;kheduled Arrival gate 01'06/12 11:31 Sc!iedaled Departure Date n r."... S33 i 513 : (;06AVERCE AVE, Carlisle, FA 1 01 Contact office ;-u?'s Nc=: S Directions 81 S TO X-44 " WP LEFT GO UNDER 3'1 P':s.KE 1S I' I.FFT ON F Cr`pUJIMERCE AVF WE ARE 31RD PLACE ON LEFT BLUE PARK RN HFA R DC-6611atio+, Cc: ::+ny RECK!TT 3r PIE LOGiS',":CS (7,'? ' ?Schedulz?d Arrival Date 031?06112 12:30 Sc;1eilL+led 7eparture Date A 6Jr'-ss -160 1'J0210T ` 13,SNCE AVE. h,?2chs++ ;csbmfg. P,=. 17050 phcne 9 C<,ritac•t Offco Nofi<s Directions 15 S TO R0?`:id?%`:'it!I ?tti`(-Si..BY DFt EXIT CAF RAMP RIGHT TG 1ST LIGHT LEFT 1-,)N GETTYSBURG FOLLOW 314 Ml RIGHT .', 11N0EPENIDEN;0 TI-'EY ARE ON RIGHT Resource - -- '11L.)e: End JCHNRCFN14f2 ! ?:Amer Onentf COCA Carlisle. PA 17015 0003 h lechanicsuurg, PA 17050 3310 ''a0er 0001 Carlisle, f'A 1701:: 0003 Mechanicsburg, PA 17050 626 ra ;tor 000: Carlisle, PA 17015 1003 P. 1ech.anicsburg. PA 17050 Page 1 of 1 03/06112 EXHIBIT E P. a. Metcalf ?Truc Metcalf kin, LLC Loaf! Manifest Load ID 23142T - Scheduled Start Gate 03;06112 1500 Load Status ,gs ig??ecJ SchedvWd End Date 03;07!-12 07:170 Load Instructions LIBER7,( 800 844 8249 L-1#25362 CALL Dispatcher AM ILLER Shippor Ref # 25362 Unloaded Origin orsair Ajr,a>ess Carlisle. PA 17013 hI t '14i V- Co;-. ':act Office Hours Noies Directions Scheduled Arrival Cate Sc;ieduied Departure Date Loaded Origir•. Ccrrr.amr NiSS!N1 FOODS/NEW EF<A/'CAI=PJLO Scheduled Arrival Date 03/06/12 15:00 LOG Sc lh.aduied Departure Date Acdress 300 HUNTFR AVE, Middetown. ?.A 1705.7 Pickup ? Pi cone #' (717)030-07'12 Contact Office r'??urs Notes P'J#SO01 `70,3-'3 t C?i c lG ??,2??. Directions 233 E TO X-1-A AIF°ORT,14415 STAY IN LEFT LANE TAKL 1 0-; /HSPR EX TO LITE LFT 230 E GO 112 MI TURN L ON IVIEAIJF' fi,VE FOLLOW TO TOIR OF HILT. TURN i_ (3011LL YOU SEE TURNPIKE CUSTOMER ON LEFT. Goor!s ^..antity weight Pieces Pai!etis Frnr?itallI:ilyds 1±.3i4.Ci 3222 .JO 38'. Destination Can any FAMILY 0.OLLPli Scheduled Arrival Date 03107/12 07:00 Scheduled Departure Date 03107112 07:00 AJ- rnss 847 ELLSW(DRTH RD1340 Pp0weler Rd, Rome. NY 13441 Ph,:?ne V (315)8:33-25;)0 3010 flonlac.t Drop ? Office Xours Noms APP T -#17515 Directions 90 TO X-33 ? (; '365 E GO 3 Ml FOI-LOW SIGNS TO DDS PIS ON ?65 E GO ANOTHER 2 MI TO 825 N a LIGHT Clf?C!_E PURR :LIGHT OIJ E'-LSVN;(:RTH i=OLLO'A' TO END TO 17?UC K =P4-,-R.ANCE Goods Quantity weig:;t pier,&s Pallets Freign: all kinrJS • -_t - -- 1 1'.,3+=?^? ?? 3.92;: OG L._ .. au?C? Resource Start JOHNROEIv1ER Gw??r Ol:r=rat, 000' Carlisle. PA 17013 394 railer 0a0 i Carlisle, PA 1:71)13 µetQr' ),30 , Carj;sle. PA 1710 13 End _ 0003 Roma. N`? 13441 00,03 Ronne. NY 13441 0003 Rome..tVf 134L'.1 Page I :;11- 1 031051'12 EXHIBIT F 011IIIIIIIIIIIIII n.1 Metcalf Trucking. LLG Lead Manifest Load ID 232,1Scheduled Start Date 031,07i"i2 f,9:00 Dispatcher AMILLER Load Status Assignod Scheduled End Date 03103!•:2 13.00 Shipper Ref # 7392122 Load Instructions YUSEN' 904 485 1353 LW392122 CALL 2417 Unloaded Origin Coaj zany Unloaded origin Motes Directions A!2.7rnss Rom.,?, NY 1'1441 rdl- Offire j-'r•urs Scheduled Arrival Date Sc`nedulsd Departure Gate Contact r P ?. 4,67;:5? Loaded Origin Com,?:any 7MO D A5 S:,he duled Arrival Date 03/07/12 09:00 Scheduled Departure Date Ac'-I;ess 325 BROOKS RD-GRIFFISS AFl3, Rome. N" 13,441 Pickup ?_ _ Phone # !3151709 f,070 Ccntact Office !-IMIM 0300-1100 FCFS Notes Ll C-1 I(L ? -?A b P Directions 90 TO X-33 TO -2,65 E GO 8 R11 FOLLOW SIGNS TO BUS PK ON 36r, F GO ANOTHER 2 Pail TO 825 N @ LIGi-i I CIRCLE TUFiN RIGIqT ON ELLSWORTH L 11,31- STOP SIGN TURN LEFT ONTO PERIMITER RD 1 ST i EFT Tl- Ri•.i ONTO 6i Q:)Kt: RD Goods Might Pieces Pal:eis t 14.1;•'SAO J0 I '4 0 rFrEinhi all k nds -- -- -- _.i - - -._?-.-._._ - - - _-- __ Destination :o r ^arn LRMO DEPE:i\1SE DEP01 ?JA,, Scheduled Arrival Date 03108/12 07:00 Sche: Wed Departure Date 03108112 13:00 5450 CARLISLE PIKE. fvlechan ,?sbuig. Pr's 17055 Ptiuine # (717)605.7722 Contact Hits'.: C,!/FARL Drop ? Office + ) s Notes Directions $1 TO 581 E CAPLISl_.F PlrJE' EXIT OFF RAMP KIGHTTO 1ST LIGHT LEF'i igrO DEPOT Goods Quantity weight Pieces Paliets Frei h: all kinds Resoarce JOHNIROEMER 394 626 Puge o41 ?rpo St2rt ?_ C;v,ner Ope;at- 0001 Rome, NY 13441 trailer 0001 Rome, NY 13441 ractnr Cr)01 Rome, NY 13441 03/0'.1112 T" End 0003 Me-chartic::wurg, PA 17055 0003 klechanicsburp, PA 17055 0003 IAeci"tanicsburg, PA 17055 EXHIBIT G Nietcaif -TrIJ(,kinq, LL';; ?rl l'1 Load Manifest 3 Load )i) 2326: Sc1':adtde•- Star'•').91. D:spatchs'r/?fV)ILI_ER Load Statu f!$$ICif...:'I t:`?edu!eci ? riF %JittS (J1-/:i fi12 U65:00 ' Ref # 1605921 Ss?;ppe:: Load Instructions JUi I(?,;T t`.i! ` 57 3 •*J X 43,552 ,Itltil•`f CA'u_L. FOR Leif' i :A CH Unloaded Origin >;c•r r: r ry iJnl?. ^cd? in ra:'. PA 170:1" ®flicc Noias IDirectio+,s Sch,iduled Anival Date tir /e•9%;rr, rippar.urv- Date Loaded Origir? Scht ouled! A, rival rate 17!'2:/08/12 3:30 S-c:';cr:uled Depzmxre Gate ^-.' >z -^.(I0 1 iC!P11 P .hVifidle to -i, F.a. ' 70' ,-7 Note, Hl•1 1 hl 3'' Dire coons 223 . T ) i , l F .. .> :. F ' TAKE HiG1-j `!PF- EX-7 C=. Qf;Pv'P LEFT ^Nl 2Y, E 1-02ND LIGHT LE =T )N 1 ST Sl' i- r G.`',l1:1f'J : I AKC 1ST LE1=T 0IN C:+`.iDIT i LAsIF l; J I. ":6#"-24 FCP JOCK: IN3TRUCTI0NS ;? Goods tla:. fl-3,. -- - - - -- --- -- _ .............. F,ci t ail krids Destination „ !E t i!ST}21?; PA Gmp ',rrii!a ?Date C-3.109112 06:00 /•?1 .!;_: ,..>sf i"epartu:o `late 03109112 06:00 Directions 11115 fu TC1 i ?.K'r: 11 n.; TC !,`7 v CSC 10 i 41 "i O I!`• rD.!??" .!?+i. F't,l'1< ;r.•'f i 17;(1 i EFT (/FF RAMP THEY ARE -1 MILE ON !_.t_ vGOCig .,?r^ar:iliy :+Y,?i•? r?i:,ras `?^;i,>i3 Freigr,r. ;?;i Fcn ,? --- ---? . -- --1 I ^•+ F.; Ci.('';j ? ' G; ? 'r) '! ! Resource J0Hl,JR0E141EF>, - .1'r'r r;;) : .. ''`'( Mie4a;= n;1s!,+? a• .?,? 'i i0'C: l` . N-illon, PA 11847 r;^.) ti;)rl ` 11.,?a' r.' sbc r ; i •+ ,rid;, Pdb{'cm, Pk 17847 Page 1 of 'I 011/08/12 EX 4, 4,-? )`6 „ EXHIBIT H p7 03/00!2012 15:55 7112416401 %ETCALF_TRUCK1Nfi 1500H F 001/001 Metcag Trucking, LLC = . Load Manifest Load ID 23284 Scheduled Start Date 03819112 14:00 D+cpatctwr AMILLER t?• Load Status Assigned Scheduled End Date 03/12/12 05*00 Shipper Ref X 0483908 Load Instructions ACE .SAMERICA. 866 557 1862 LDn0488908 CALL Vnbaid Origin Company Unio•ided oi:yin Scheduled Arrival Dale Scheduled Depsrturs Date Address UjIto . PA 1784:7 ' F{1.rte Ji Contact t Office Jt:Lxs 5 Notca ? Directions Loaded Origin Gomnany LE CL.Elt', FOODS UGA Scheduled Arrival hate 03109/12 14:00 Scheduled Departure Date Aciuress 44 PARK flr;IVF, Morf,'90P*q, PA 177:52 Pickup ./ pr„ntle 1x {57p);;•I7?295 cordact F Office l:nurs Noes bm<{boln012156.10 -T31_ 1CG1V'121C44G !3. Ditu ions ISON X13 THAKE: 405S THRU MUNCY CROSSOVER BRIDGE 3Ni1 PAST SPIDGE LOOK FOR RED BRICK ;. _.• - -- C1iURCH ON : Er'r SrhPVER 5/4MI RHS r-t1 Gooft 011antity Weight Pieces Pallets freigFd sC Kinda? _ -t 'iti,582.r,IT-._ Doatination Com,z!Any ALRI ;NC Scheduled Arrival Dale t)3112h2 05:00 Scheduted Departure Data 03112/12 05:00 Ade,''rsss 300 ''ATr_ RT 281, Tully, NY 13159 fto,, r A (315)596-2425 Contact Drop 'V Office Hours Notes erections 31 N TO X-13 {1 +titl3L F,) RAMP P.10 ON TO 281 N 00 3 M IL ES THEY ARE ON RIGHT Goods :.!identity Weight Pieces Pallets i Fregnt as Knds ?J -'r 5.59!.UO??_ 000 t?- 0.e Y? 4 1 •:r Resource type _ Stwt-_-__ End ' JOHNROEMER C%vnrr Ope:>16 OC01 Millon. PA 17847 0003 Tully. NY 1,1159 o, 3fl5 ?' iitur 0:41 Milton, PA 17547 0003 Tully, NY 13159 626 I'-xtc OW. Milton, PA 17347 0005 Tally, NY 13159 03/08/12 Page 1 of 1 g Access America Transport 1110 !Market Street, Suite 315 Chattanooga, TN 37442 www.accessameriestransport.com Carrier: Metcalf Trucking Carlisle PA 17015 Date: 03!0812012 Load Load: 0488908. Temp: ?,. LOAD CONFIRMATION Load #: SOL 0: CFAV1216445 PU 1 Name: BISCUITS LECLERC Address: 44 PARK DRIVE MONTGOMERY F Phone: 1/570-547-6295 Reference number: 8Ml Reference number: PO Contact: Chris or Luke Phone: 717-241-6400 Fax: 1-717-241-6401 Commodity: Weight: . 36582.4 Trailer Type: Van Reference: Date: 03109:2012 1400 A 17752 Contact: LESLIE CP,OMLEY Driver Load: N BOLND1215W TUL-50271-2o12b3o1 Page 1 0388908 S02 Name: TULLY Date: W/1212012 0500 Address: 300 STATE ROUTE 281 _ TULLY NY 13159 Contact: AND`/ FIORIN1 Phone: 1/315-696-2425 Driver Load: N Reference number: PC TUL-513271-20120301 Payment Carrier Freight Pay: $650.00 - Instructions MONTGOMERY PA - Contact: LESLIE CROMLEY - TE: 11570-547.6295 TULLY NY - Contact: ANDY FIORINI - TE: 1/315-696-2425 Agreement To confirm agreed upon rate on the shipment above, Todd Kantor please sign and fax back to: phone: $66-557-1862 Fax: 868-596-9985 DISPATCH SISTRUCTIONS -Driver must have signed documentation and then call for approval it any loading or unloading is required. -No double brokering allowed - Double-brokering will result In forfeiture of any AAT freight payment responsibility. -Detention will be paid ONLY if this office is notified during the occurrence and times are clearly marked on BOL's, -Late or missed plckup/delivery without prior notification may result in a fine up to $400.00. EAYMENT PRQMURES Payment of freight charges requires: -Certificates of insurance (auto liability, cargo, and worker's comp). -Carrier authority, signed AAT carrier-broker agreement, and W-9 information- -Legible AAT load confirmation, signed BOL and carrier invoice must be submitted to: invoice9@acceesamericatransport.com or fax to 855-461-3773 or by mail Access America Transport, Carrier Payables, PO Box 182215, Chattanooga, TN 37422 -Failure to send paperwork promptly will delay freight payment. -Original Paperwork is required for QUICK PAY option and QUICK PAY must be written on the paperwork. EXHIBIT I 03/09/2012 14:11 3112419401 MEIGl1LF jNllCY.ING . ? ? Metcalf Trucking, LLC ?T? `'. ?1;?est>:s<.a Load Manifest Load 10 23267 Scheduled Start Data 0312/12 09:00 Dispatcher AMI LLER Load Sbtas Awkyed Scheduled End Date 03/'13!1214:00 Shipper Res d 031220'12 Load Instructions unloaded Origin Company Address Tully, NY 13159 Phone p Office Hours Notes Directions Contact Scheduled Arrival Date Scheduled Departure Dave 13032 F.0'J1f601 to ? loaded Orion Company FOWLERS BROTHERS FARM Scheduled Arrival Date 03112M2 08:00 -' Scheduled Departure Date 03/12/1214:00 Address 10273 LUMMISVILLE RD. Wolcott. NY 14590 Pickup rJ Phone # (315)945-0893 Contact WAYNE Office Hours: Notes PU APPLES Directions RT 390 N TO 590 N TO t a4Z GO 26 Ml @ FLASH LITE AND RT 414 GO LEFT GO THRU 2 INTERSECTIONS Go RICI4T ON LUMMISVILLE RD THEY ARE 1.3 MI ON LEFT Dworobo? Company KNOUSE FOODS Scheduled Ar ive$ Date 03/13M2 07:30 $~U *d DePWWre Dace 03M3M2 14:00 Address 450 GARDNER STATION RD. Gardners, PA 17324 Phone 0 (717)677.7126 Contact DIR X5300 Drop I,e! Office Hours 7-1530 Notes CAN DELV SAMEDAY BY 2 Directions 81 TO X-47 TAKE 34 S ABOUT 10-12 MILES THEY ARE ON LEFT JUST AFTER GO UNDER RR OVERPASS THEY ARE JUST BEFORE RICE FRUIT CO R"Mme Type Start End 10HNROEMER Owner Operate 0001 Tully, NY 13159 0003 raprdnmrs, PA 17324 ............................. ................................... ..................... ............. 626 Teed" 0001 Tully. NY 13159 0003 Gardners, PA 17324 03109/12 r Page 1 of 1 4. i? s, EXHIBIT i r? Metcalf Trucking, LLC Load- Manifest L- Load 10 2330E Scheduled Start Date 03113112 16:00 Dispatcher AM#LLEF Load Status Assigned Scheduled End Date 03114/12 06:30 Shipper Ref # 5917296 Load Instructions MARTEN 800 471 0420 LD#5917296 REEFER LOAD CALL Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Gardners, PA 17324 Phone # Contact Office Hours Notes Directions Loaded Origin Company SCHREIBER FOODS Scheduled Arrival Cate 03/13/12 16:00 Scheduled Departure Date Address 208 F DYKEMAN RD/301 E DYKEMAN RD, Shippensburg. PA 17257 Pickup ? Phone # (717)530-5000 Contact CATHY Office -lours n!c:es PU#656530 Bt_#7F 46536 REEFER LQA.D 36 Directions 81 S TO X-24 T,KE 696 TOWARDS SHIPPENSBURG GO 2 N11 TURN LEFT ON FAYETTE THEN IMMEDIATE RIGHT ON DYKEMAN TO s'l'op. 'TURN R, THEY ARE 2ND TO LAST DRIVEWAY ON L. Goods Qua:rfity Weight Pieces Pallets REEFER LOAD FOOt7Sl 21,252 T 3077.00 0.01 Destination Company C&S LANCASTER Scheduled Arrival Date 03114/12 06:30 Scheduled Departure Date 03/14/12 06:30 Address 5871, Genesee St., Lancaster. NY 14086 Phone # (716)515-2309 3304 Contact Drop ? Office Hours Notes S150&UP fine for late defy MUST GET GATE PASS TO GET PAID APPT#2241695 Directions 90 to X-49 De,)ew after toll plaza turn R onto r t.78 South transit Rd. Go appx.1 mile hirn L onto Rt. 33 east Genesee St. Go appx 1 miles to 2nd light turn R and then an Immediate L into staging Goods Quantity Weight Pieces Pallets REEFER LOAD FOOD _121.252 00 3.077.00 0.01 Resource Type Start End JOHNROEPAER 0%vner Operat- 0001 Gardners. PA 17324 0003 Lancaster, NY 14086 395 Trailer 0001 Gardners- PA 17324 0003 Lancaster. NY 14086 626 Tractor 0001 Gardners. PA 17324 0003 Lancaster, NY 14086 Rage 1 of 1 03/12/12 EXHIBIT K r? . ] C . Me#calT Trucking, LLC Egad Manifest Load ID 23323 Scheduled Start Date 03114;12 09:00 Dispatcher AIViiLLER Load Status AssignP-d Scheduled End Dace 03/14112 21:0.0 Shipper Ref # 9259745-1 Load Instructions SOURCE ONE 7S 6 686 7077 LD49259745-1 CALL Unloaded Origin Company Unloaded oncin Address I_ancaste+'. NY 14036 Phone # Office Hours Notes Directions contact Scheduled Arrival Date Scheduled Departure Date Loaded Origin, Company AMERICAN SALES Scheduled Arrival Date 03!14112 09:00 Scheduled Departure Date Address 4201 WALDEN AVE, Lancyster, NY ^408 Pickup ? Phone # (716}686-7000 Contacr 716 686 7069 appt KAT office Hours APPT HRS 8ANi-3Pf 1 ONLY Notcs Directions 390 TO X 6. RT 36. FOLLC)`JV 36 TO RT 63. FOLLOW 63 To 20 VV. FOLLOW 20 TO 77 N'170 33 W. FOLLOW 33, 33 TURNS INTO VVALDEN. 1= JAJ-C YI`% VVALDEN TO CUSTOMER ON LHS. Goods Ouantity NVeight Pieces Pallets CANDY --- -- - 1 s5.?00..? ??0 4 I Destination Cornoa,ny GiAN-; Scheduled Arrival Date 03/14/12 21:00 Scheduled Departure Date Address 1621 !NDUSTRIAL DR. Carlisle, PA 17013 Phone # (717)249-8033 Contact Drop ? Office Hours Notes Directions 81 S TO X-44 RIGHT OFF ,RAMP' O 2NO LIGH'T' RIGHT ON PT 11 TO 2ND LIGHT LEFT ON INDUSTRIAL DR FOLLOW TO END GO LEFT TO GUARD St TACK Goods Quantity Weight Pieces Qallets CANDY 35.QOQ.uT 0.00 11.Q Resource ype _ _Start - End JOHNROEMER owner Operat, 0.001 Lancast, r, N`r 14086 0003 Cal-lisle, PA 17013 626 Tractor 0001 Lancaster. NY 14086 0003 Carlisle, PA 17013 Page 1 of 1 03113/12 EXHIBIT L Ittttttttttttttttttttt? p. 12 LcadlD 23326 Load Status Assigned Load Instructions Metcalf Trucking. LLC 1. . / T Load Manifest Schedules: Star? Date 031141'12 1E-00 Dispatcher AMILLER Scheduled End Date 03,/15.112 07:30 Shipper Ref ,# 415000000104201 Unloaded Origin Conipany U111oaded origin Address Carlisle. PA 17013 pho+?e At Office Hours Notes Directions Contact Scheduled Arrival Date Sc.'iedu!ed Departure Date Loaded Oriuir Co ;any RFCK17T 1 1 NE LOGISTICS GTR Scheduled Arrival Date 0.104/12 18.00 Scheduled Departure Date Ad&ess 360 INDEPENDENCE AVE. Mechanicsburg, PA 17050 Pickup ? PI?otic # (71 7)506-1512 Contact MELISSA Office ! 1:)urs 90f)-AZ i 3C,%IJ !votes r 'd DROP T^.KE= IN Eki,-)TY TO S!"JAP PU 074707,34 Directions 15 S TO ?OFS':'OYvGA'r`ES,L=Y IIR EXIT OFF RAMP RIGHT T;O.1ST LIGHT !.EFl" ON GETTYSBURG FOLLOW ,114 Ml RIGHT CN INDEPE..'40'_=1 CE THEY ARE ON RIGHT Goods Oi.;antity Weight Pieces Pallet, rerpn; .311 k,i;rls - 11 43:: UO 1.10= 90 15.:, LTa;_<inati,.?r, Co?nt?any NASH FINCH CO -? Scheduled Arrival Date 03115112 07:30 Scheduled Departure Date 03115/12 07,30 Addross 7751 'n,ATFPI!D0 RC, ..Iessuh V, -D 20704 P+ :tic # 1410;;OO f,:;h 201 r:orrtact WANOA Drop Office -it :ars Notes APPT#113661''5 Directions 95 N OR S TO ;• 41 TOW:',FRDS .I_-SSLIP TAKE 175 F TO YELLOW BLINKING LIGHT TURN LEF=T THEY ARE ON FIGHT Goods C!:antity weigi?t Pieces Pallets Freiyntas!kings 1' 1urtG.',00 - 1.!^?.OG 16.0 Resource Type Start --- Ead JOHiNRCUMER _ -- f:v?mer oper*aD 0001 Carlisle. PA 17013 0001 Jessup, 141) 2UT9 # 626 7 ractor 000.1 Carlisle. PA 17013 0003 jestup, RID 20 (94 Page I o; 1 03/14/12 EXHIBIT M p. 13 Metcalf Truc; :I g, LLC Load Manifest Load ID 233112 Scheda lzd Star! Date 03:.5;12 14:00 Dispatcher ANULLER Load Status Schedulud End Gatr, t?3•'i511?_ %.C4) sniPPer Ref # 536606 Load Instructions EAST '.'i, A3T TR;i,lS e00 257 7P-'7' LD9')266Cw; CALL Unloaded Origir. Cor!,pany Unloacle,ct o.i,ir[ Adtir^ss Jessup Felt} 21794 Contact Office `tour Notes Directions - Schetdtllpd Arrival [Date Scf,edu ^ri Departure gate Loaded Origin Comt)any GEORGE WA3HINGIC INI Scheduled Arrivai mate 03/15112 14:00 LINIVERSITV Scaedu;, d Departure Date Add,ess 2300 K STRFEF '. 1Nashinginn. 0G 200317, Pickup f Phone 4 (240MM 15C-, ! Conta:A Notes Directions Goods C: ,a+izi;yll weig! I Pieces Pzlleb: F Frei• lit_aall 4.[)l -- Destiarition F, 177, 1iam FLEE l VCira BUILDING Sl..i: CXS ,, Sie;i±iied Krriv3i hate (.:3115/12 18.00 XS hcduled Departure Date C015112 18:00 Acic:ress 240 V fJAli•i 3T, =ieet ocwl P-, 19522 Phor,e# t21');.07-_G23 CQntael Drop / office fairs Notes Directions Goods ,:,antity weighi Pieces pallets -- Frei?t!t ail Ien9s T Ji)U.:? t - n 10: 0 0 l Resource JOHNRQEMER Pago i uF 1 End -------- ?r+rne c: TV: leSSUF., MD 20,1' Fleetvx-od, RA 1x522 '0C1GS Jes3t10. NlD? `794 1,003 FIt.c+Neaci. PA 1,0522 bY? V 1 ??5 03i'15112 ???,;?,? '?'q EXHIBIT N Metcalf Trucking, LLC Load Manifest r. 14 onr? 31R?5 Load ID 23356 Scheduled Start Date 0311611211:00 Dispatcher WILLER Load Status Enroule Scheduled End Date 031 i61-; 2 17:00 Shipper Ref 4 714056 Load Instructions NORTHEAST 877 643 7514 LD4714056 CALI- Unloaded Origin Company Unloaded origin Address Fleetwood. PA i 05+2c^ Phone # Office H'n,urs Contact Notes Directions Scheduled Arrival Date Scheduled Departure Date Loaded Origin? Cori nan7 :ALLEN L!STi NIAGARA 3EV Scheduled Arrival Date 03/16il2 11:00 Scheduled Departure Date :xrlo';?ss 3041 SCHOlEHECK RD, hlactingie, PA 18062 Pickup ? Phone # (61O)967-4105 Contact Office Hours Notes 5718211 Directions 78 tort 100 s go 3 Rites to 222/100 s merge all way to left follow mars Jr on Qburtis rd pass mack plant throughS curve to stop 1'i on 81-IOENECK RD Goods OuantRy Waighi Pieces Pallets Beverages/Jwce,'Soda a75?5.001 0.00 _J.0 =I -- -- --:.t-- -- Destination co;1`i.1,n;v >"t 0r) i_iON TTM Scheduled Arrival Date 03,'16112 17:00 ?- Scheduled Departure Date 073!16112 17:00 Address COMPA RCE AVENUE, Greencastle, PA 17225 Phone # (71 7)5D7-1'100 Contact Drop ? Office t ow-s BY APPT Notes Directions 81 S 1o Exit ", -11 Norii: for 112 mite Leit on Commerce A-,+e,Th-y ar-- behind green water tower Goods !'uantitp 1Neiaht Pieces ?allets Beverflgas/Juice,'Scda i T 5`;3.00 0.00 0.0 Resource _ Type Start. End JOWNROEMER Ovmer Onerat, 0001 Fleetwood. PA 19522 001133 Greencastle. PA 17225 3314 "rai!er 0001 Fleetwood. PA 19522 100?03 Greencastle, PA 17225 626 Tractor 0001 Fleetwood, PA 10522 0003 Greencastle. PA 17225 Page 1 of 9 03/16/12 "Al EXHIBIT 0 t%4R-21-2012 02:10 From: 7172416401 To:5705390045 ?. 15 Pa;e:lr?? Metcalf Trucking, LLC rr ? ? Load Manifest[. , 1 =Load ID 23346 Scheduled Start Date 031211i2 11:00 aspatcher JMGTCALF Load Status Assignr.d $09duled End Dato 0312111; 21:04 Shipper Rot # gg510349 Load Instructions F 5-70 6E-JAI COH5 Unloaded Origin Company Unloaded origin - Scheduled AroWal Date Scheduled Departure DWtw AddreS$ Gireencastte. PA 17225 Phooc 0 Contact Office "'Ajr:: Notes Directions Loaded Origin company Arnold Logistir,.s SLOG Scheduled Arrival Date 03421112 1 1 00 11JAC:08SON V!N-1SE Scheduled Departure Date Addrf ss 4 TO St Johns Church Rd, Camp Hill. PA 1 T011 Pickup ? Phone # (717)T31-4368 Contact bill Office hours 0700=1500 Notes ORIGINAL. BOI. ?LUMPFR RECT REQ.-DRIVER MUST COUNT FRT ASK RECV TO SIGN SEAL INTACT purF" 10349 Directions 581 VV TO X-4 (RT 541) RAMP RG!4T@$T0P RGHT TO 1 ST LiTE LP T TO 1ST ARNOLD BLDG ON CRNER OF ST JOHNS 6 IND RV ENTER ON 57 JOHNS SIDE'"WE MUSTHVE OR!GL B!LLS/LMPER REC Goads Quantity Weight Pieces Pallets CC)OKINr;?ptL ?J,6}31 QOf6ti3.0o .d?9J L)estination Coninauy C&5 t.ANCASrEP Sehadrrred Arrival Date 03121/12 21:00 Scheduled Departure Date 03121112 21 ,00 Add,e,s 5-473 Gencsoe St.. Lancaster, NY 14066 Phone # 1716)515-230() 331M Contact Drop r Office Hours Notes 4150&UP rrne !oo,ate Elew 'AIJST LET GATE BASS TO Gt-T PA!D apo02852577 Directions 9010 X-49 Dop+•;w after toll olaaa icon R onto Rt.7a $outh transit ltd. Go appx.I mite turn i. onto Rt, 33 east Genesee St. GO apex 4 Mkrs 10 2-4 light turn R and then an IMN166810 L into t.Kaging Goods Quantity Weight Fkves Pallets rCUOtCireC Otl_ w.98? a1 663.oQrr tq.0 Resoutce Start End JOHNROEMER Owner Operab 0001 Gr±enca3tle. PA 17225 0003 Lancaster. NY 14056 626 ; rsc°or =%I Grmwaslle; PA 1722$ L)IM t.tm,aaleri NY 14088 PQgtr 1 of 03/20/12 EXHIBIT P Mpp-21-2012 02:10 From: q .?r"v "VT 110 1.-V ra- 1S Pate;ale Metcalf Trucking, LLC Load Manifest ? (P ' Z. Load 10 23386 Sci+edu W Start Data 0312211207:30 Dispatcher METCALF Load Status Assigned Schedtded End pate 03/22112 20:00 Shipper Ref $ 9260277.1 Load Instructiom SOURCE ONE 716 686 7077 L13#9260277-1 CALL Unloaded Origin Company Unloaded Origin Address 1•anr.;,star. NY 14086 Phone office Hours Contact Notes DirKtionS Scheduled Arrival Date Scheduled Departure Date Loaded Origin Cornoany AMERICAN SALES Scheduled Arrival Date 032211207:30 Scheduled Departure Date Address 4201 WALDEN AVE. Lancaster. W 1,11086 Piekup .? Phone X 1716)686-700C Contact 716 686 7069 eppt KAT Office Hours APPT HRS BAdA-3PM ONLY Notes Dlrettians 390 TO X 6. R1 36 FOLLOW ."43 7C: RT 63. FOLLOW 63 TO 20 W. FOLLOW 20 TO 77 N TO 33 W. FOLLOW 33. 33 TURNS INTO '.YA1.0EN. FOLLOW WALDEN TO CUSTOMER ON LHS 1Iuailt" Weight Pieces Pallets Goods 4> Destination Con:oany GIANT -- SotwdWed Arrival Date 0?122/12 20:00 Scheduled Departure Date Adclra6s irZ'i INDUSTRIAL DR, CW*Sle. PA 1.7013 Phone it (7171240.8033 Contact Drop ? Office Hours Neiets Directions 81 S TO X-44 !CGHT OFF RAMP TO 2NU LIGHT RIGHT ON RT 11 TO 2ND LIGHT LEFT ON INDUSTRIAL DR FOLLOW TO ENC) GO L.I;rr TO GUARD SHACK. Goods gyantity weight P11111cea Pallets 0 CANDY - N _L 35_060 006 D.001 00 Rasource Type _ Start End JOHNROEMER rAvoer Operate 0001 Lsi%emster, NY 1AO86 W)3 Carlisle, PA 17013 626 Twtor 00()1 La!)Caster, NY 14086 ta)03 Carlisle. PA 17013 page 1 of 1 NINE 7172416,101 To:57053900,45 03'20112 r,4Cr, ? I 1r EXHIBIT Q (lb-Acaif Trucking, LLC Load Manifest Load ID 233PG - -T C-Choduled Start {date 0312302 Load Status Assie:+: Gchedulr•„1 End Date 03/26!12 09:30 :,<+ S -nstructions Un+ oaded Origin Scheduled Arrival Date Scheduled Departure Date :):lisle PA ' ';.'13 P:1n -, Contact Officr: .. 'dotes 4 Gireca+ons " ` ,? ? , I+ V v v v V Loaded Origin.. Arnaid Lngis;i-_s BLDG Scheduled Arrival Date 03/23/12 12:00 bVHSE Sciiadu! Q ryeFa :'ure Date Hr.!. 170 S1 J ;il.,,s ..;;urch Rd. Carne Hl-t`, Pit 1701 1 P;ckup ? Fi1,•r,, i 7'i 7;"7:i-!-<' i P' Ccninct bill 4"Itc-a WE MUST Hi'p`,/! i1!_L::3.1)LUk?lPFR RECEIPTS FOR BIt LIN-:i PU#80612039 Uir.Ai+ins 531 4,' TO F, " HT@?S T OP RGHT TO 1 S't LYr;7 L; 'T TO 1ST ARNOLD BLDG ON CRNFR OF ST JOHNS 3: IN', '_5! JOHNS SIDE"-VVE MUSTHV = C)RiGL BILi_S/LMPER REC Pieces Pa.Ilem- i ^t?OKIN(._ OIL >: )) I 0$ 3 001--' 2FI I Destination Sched0od Arrival Date 03,26112 09:30 i O'i?31GREENWORLuiK6i, Sche:lu!rd Departure Date 02126/12 09:30 Adrrc • ? x,,300-r3 f: I ?'viPTON DR. Cxiiiol Heights. MU 2+07+3 3u1)33:? Conta•rt LZA(.K iN 4FF STREET Drop ? Offict + r` P" RACK IN OFF I .;LI_INTOLOT Dires'50113 95S TVNDS '{: i;F:NTRAL AV TO LGHT LEr I NXT :-+ITE LT HAMPTON PAST HOMEDPT TO 2ND LrT ON E IN : ;'.-:AP BLDG MARKH) riiuT LAS BP?CK OFF FRFEr t:i;Ods G.i; 1e' 1•;. Pieces Paliats JC )I-INROEMER r u :F.r1Sc ?,•041 Carlisle, PA i YO 13 ? h. Pit 1701 f,- t n0 C-Air "1 of i Dispatcher AWLLER Shipper Ref # 80612039 17 ?? dC1 End 0303 Capiloi Heights, MD 20743 oo!"O Capital Heights. MD 20743 03/22/12 ?X + ' "01, EXHIBIT R {Aetcalf Truckilig! LLC Load Manifest Sta1 Date 031-",Y!2 ":B:00 Dispatcher AW.-LER ;_r!- rj status A.;:': E!'d Datt: 0312BJ12 *00 ,,ItipporRef# 0-1673J0 nstructions Ti X-163 i t? 01ti7 80 UALl- OR AFT I-(R 224 221 i5r6 3r.hc,,Iuled Arrival Fate SCheduk.d Dep.: i.ure Date t?ont<c? •'Cic:, 1. (;f: `....cti ?Ci ... 't?i1'1 ?? .. _.?. -.. ...- ... _. __._ .._•.....,.._--??.......,?. ... .._.. S^.'-.fi0t1_fl Nlrt Nai Date 0'..? i3112 08:00 cr•g?8;;?;;?,^ Depa ture Date :1:x23,12 14:00 conta: ' ? l 7-0,3??. q T ?' n ?.1! i_ GO Rl1?I'-IT CN ;?tDtt F)V,;h { 7.1,.!\/E T' fz', ARF 14 M! ON i.EFT VVAT?H FOf; r:. • ! 0.10 !^_• 'd:Acd A.-rival Date 63/26/12 08.00 Sc i?.zui^a :.ef?zrlare Date 03/26112 'i?:('if} J !- car! f31 ;A- 101, I'1!I'rzir!1, IN 1C 3': ?? ; !NR(7FivIF`r; ?. i :-If -,,,flisle . FA ; it) i;_ PA 170 PA l'I'A3, Y rd _ 0003 HiIcum. NY 1M'311 4 003 HEiburn, rr,.' 10931 6003 I lii buns, NY 10C M ?, 1? iJ o 1 1 ?go 03!23112 EXHIBIT S ; c cal -!rucking, LL,,; Load Manillev. Lord i'i1 234 ?rIE. I ,? _ ':u"i2 ;5:G•? Drspatcia2i• r?FAILl.?R Load Status ASS;r: Sc-'ied'uied _A Mao t,3!_(S/12 acu S6 1pper Ref . 106335575 -CN-? i+i$ti ?J!:(I:J r1:3 f::-!P-;'.' `y..<v(6.".'.i.`1Ji:S (;.''.i_I- -?°:>2dad '}riyir ~^ :`: l ';.':+r?r.i ? r,•i•iy;h, +U: s Gon'l au o_ lq } Schr^:1•aled Arrival Cate S,7+ wnvk, l Depaiture bate 3(j r' jr, ..:;' .?.• cT `)IJ.., CTR, "^^'....-..-..-..-._..,,...?_ -- ?_ Lj . ,. - °h; :luf_d Ar.•.1al !rate U:V23112 i c1?F.,t M1 D,?pzrtt:re mate A! I NIA O2 Carlisle A 17,'-! 1 _ LE,I'- Grp 'i'!=Rt i ;1;"G li'll)US T RIAL fDAR T TO STOP TURN RIGHT TH . , . V.LDr.3!S'7? I1la .'.TUF :. :_ ...;,I?t'_E:-:?.;ti8 ..•?:' . 1.'31: or i ?•:; ??? `,,:.d f•,r;ivas rate C': lZGi1 07:00 SchttJui.-6 nepaitvre Date 03126!12 07:00 00 E TH-EY P-`E: 4. t.? N'll ON LEFT .1 ?ieces real+-:_.. '02 'm 2',.01 '•:•GUi C:. •hA%•:? i'l2.i t=HiNPt -IEME';..__ Ti:3-------fii;lJ2 Bliffalo, MY 14225 "A '1 61xii alc, MY 14225 0 3; 1.24 1 "? F-X?'i? ,a c5'r EXHIBIT T MAR-24-2012 02:43 F r ow METCAL.F TRUCKING 7172416401 T o : ST053901345 IT T. Metcalf Trucking, U.C Load Manifest Load ID 23440 Scheduled Start Data 0312511211.00 Dispofthitr MMOSER ! load Status AWgned Scheduled End Data =602 21:00 Shipper Refs 9260418-1 C •? Load klstructions SOURCE ONE 716680 7077 LDK9260418-1 CALL Unloaded Origin Company unloaded origin Address Suf io, NY 14225 Phone s Office Hours .. Notes Directions Contact Schedulsd Arrive) Dote Scheduled Departure Data Pa:e:l'1 c? Z-4 Loaded Orlain Company AMERICAN SALES Scheduled Arrival Date 03261211:00 Scheduled Deporhme Date Address 4201 WALDEN AVE, Lancaster, NY 14086 Pickup ./' Phone 0 (716)686-7000 Contact 716 S86 7069 9W KAT Office Hours APPT HRS 8AM-3PM ONLY Notes :a irec"" 380 TO X 5. RT 36. FOLLOW 36 TO RT 63. FOLLOW 63 TO 20 W. FOLLOW 20 TO 77 N TO 33 W, FOLLOW 33,33 TURNS INTO WALDEN, FOLLOW WALDEN TO CUSTOMER ON LHS. Goods Quantity Wight Pieces Pa1Nls s CANDY 1 35.000.00 0.00 0.0 01 _ Destination Company GIANT Scheduled Arrival Date 03/26M 2 21.00 * Scheduled Departure Date Address 1621 INDUSTRIAL OR, Carlsle. PA 17013 Phone # (717)249-8033 CaMset Drop office Hours Notes Directions 81 S TO X-44 RIGHT OFF RAMP TO 2ND LIGHT RIGHT ON RT 11 TO 2ND UGHT LEFT ON INDUSTRIAL OR FOLLOW TO END GO LEFT TO GUARD SHACK Goods Quantity Weight Pieces PaYets CAMOY 1 35,000.00 0.00 0.0 :i Reeource Type Start End JOHNROEMER Owner Operate 0001 8vttelo. NY 14225 0003 Carlisle PA 17013 ............................... ...............,.................... ...................... 826 Trador 0001 Buffalo, NY 14225 0003 Carlisle, PA 17013 ......,:... ........ .......................................... ............. ...-................................ Page 1 of 1 03123112 f ?I i it EXHIBIT U INEENNE IV. 21 M. - Metcalf Trucking, LLC `1. Load Manifest Load ID 23422 Scheduled Start Date 03127112 18:00 Dispatcher MILLER Load Status Assigned Scheduled End Date 0328112 06:30 Shipper Ref # 0393070 Load Instructions CHOPTANK 410 754 3060 LD#0393070 CALL REEFER LOAD 35 Unloaded origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Carlisle. PA 17013 Phone # Contact Office Hours Notes Directions J nn Loaded Origin Company VERSACOLCh Scheduled Arrival Date 03127112 18.00 -- >"1 V Scheduled Departure Date ` 1671 Address 3800 MOUNTVILLE RD, MouWlle, PA 17554 Pickup 0 Phone # (717)28.5-4444 Contact OtFce Hours Notes PO#65687114077791407764 PU#M0138W REEFER LOAD 35 Directions OFF RTE 30 TO 38 MNTVILLE XT L @ LITE 2D LITE L SHIPPER ON R 2 OR 3 BLDG Goods Quantity Weight Pieces Pallets REEFER LOAD FOODS 1 38,208.00 0.00 0.0 Destination Company C&S LANCASTER Scheduled Arrival Date 03128112 06:30 Scheduled Departure Date 03/28/12 06:30 Address 5873 Genesee St., Lancaster, NY 14086 Phone # (716)515-2300 3304 Contact Drop 0 Office, Hours Notes $150&UP fine for late delv MUST GET GATE PASS TO GEC PAID Directions 90 to X-49 Depew after tall plaza turn R onto Rt.78 South transit Rd. Go appx.l rntle turn L onto Rt. 33 east Genesee St. Go appx 4 miles to 2nd light turn R and then an Immediate L into staging Goods Quantity Weight Pieces Pallets FR-E LOAD FOODS 1 38,208.00 0.00 0.0 Resource Type Start End JOHNROEMER Owner Operate 0001 Carlisle, PA 17013 0003 Lancaster, W 14086 ------------------------------------------------------------------- 62g Tractor 0001 Carlisle, PA 17013 0003 Lancaster, NY 14086 --------------------------------------- ------------------------------------- ------------------------------- Page 1 of 1 03/27/12 EXHIBIT V o.22 ?8[...? Metcalf Trucking, LLC Load Manifest Load ID 23451 Scheduled Start Date 03/28/12 09:00 Dispatches AMILLER Load Status Assigned Scheduled End Date 0328112 21:00 Shipper Ref 19260608-1 Instructions SOURCE ONE 716 686 7077 LD#9260608-1 CALL Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Data Address Lancaster, NY 14086 Phone # Contact Office Hours Notes Directions /7 7-4 Loaded Origin Company AMERICAN SALES Scheduled Arrival Date 03128/12 09:00 - - Scheduled Departure Date Address 4201 WALDEN AVE, Lancaster, NY 14086 Pickup (-1 Phone # (716)686-7000 Contact 716 SW 7068 appt KAT Office Hours APPT HRS 8AM-3PM ONLY Notes Directions 390 TO X 6, RT 36. FOLLOW 36 TO RT 63. FOLLOW 63 TO 20 W. FOLLOW 20 TO 77 N TO 33 W. FOLLOW 33,33 TURNS INTO WALDEN, FOLLOW WALDEN TO CUSTOMER ON LHS. Goods Quantity Weight Pieces Pallets CANDY 2 36,000.00 0.00 0-0 Destination Company GIANT' Scheduled Arrival Date 03/28/12 21:00 Scheduled Departure Date Address 1621 INDUSTRIAL DR, Carlisle, PA 17013 Phone # (717)2438033 Contact Drop 0 Office Hours Notes Directions 81 S TO X-44 RIGHT OFF RAMP TO 2ND LIGHT RIGHT ON RT 11 TO 2ND LIGHT LEFT ON INDUSTRIAL DR FOLLOW TO END GO LEFT TO GUARD SHACK Goods Quantity Weight Pieces Pallets CANDY 1 35,000.00 0.00 0.0 Resource Type Start End JOHNROEMER Owner Operab 0001 Lancaster, NY 14086 0003 Carlisle, PA 17013 _--------•-----•------------------ -------------•--------------------------------------------- 626 Tractor 0001 Lancaster, NY 14086 0003 Carlisle, PA 17013 ---------•------------------------------•-------------•---------------------------------------•------- •••..... 03127112 Page 1 of 1 EXHIBIT w Metcalf Trucking, LLC Load Manifest Load ID 23425 Scheduled Start Date 03129/12 15:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 03130/12 05:00 Shipper Ref # 0502876 Load Instructions ACCESS AMERICA 866 532 3971 LD#0502876 CALL Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Carlisle, PA 17013 Phone # Contact Office Hours Notes Directions 10 Ck& or? o-f\ ` Loaded Origin Company UNILEVER CORP Scheduled Arrival Date 03/29/12 15:00 Scheduled Departure Date Address 597 ALEXANDER SPRING RD, Carlisle, PA 17013 Pickup Phone # (717)960-4701 Contact MICHELLE Office Hours BLDG 4 DAVE 249-1576 Notes ON DROP TRAILER TAKE EMPTY PLW20248361 Directions 81 S EXIT 44 LEFT OFF RAMP GO 1/2 MILE TURN LEFT ON ALEXANDER SPRING RD THEY ARE 2ND ON RIGHT WELCOME CENTER PHONE# 717-960-4720 Goods Quantity Weight Pieces Pallets Freight all kinds 1 41,138.00 0.00 0.0 Destination _ Company RITE AID Scheduled Arrival Date 03/30/12 05:00 Scheduled Departure Date 03130/12 05:00 Address 7245 HENRY CLAY BLVD, Liverpool, NY 13088 Phone # (315)451-8000 3 3 Contact enissa Drop Q Office Hours Notes GO TO ADDRESS ON DISPATCH SHEET NOT ON BILLS Directions 81N 90W X37 GO N ON ELECTRONICD PKWY. AFTER 5TH LITE 1ST LT ONTO CROSSROADS PARK. 1ST BLDG LHS Goods Quantity Weight Pieces Pallets Freight all kinds 41,138.00 0.00 0.0 Resource Type Start End JOHNROEMER Owner Operate 0001 Carlisle, PA 17013 0003 Liverpool, NY 13088 -------------------------------------------------- ------------------------------ ---------------------- 626 Tractor 0001 Carlisle, PA 17013 0003 Liverpool, NY 13088 -•-• .....................••--........--•-•-................-•----•-•---....---•---•----•-- •---------- Page 1 of 1 03,'28/12 EXHIBIT X Metcaff Trucking, LLC :? 7 II WA'i "IM& Load Manifest Load ID 23461 Scheduled Start Date 03/291112 10:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 04102112 06:00 Shipper Ref # 687379 Load Instructions Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Carlisle, PA 17013 Phone # Contact Office Hours Notes P1 L? cn ONY Directions mmhO ?. q6 ?k ,o.24 I?'(J Loaded Origin Company KRdUSE FOODS Scheduled Arrival Date 03/29/12 10:00 - Scheduled Departure Date Address 800 PEACH GLEN/1DAVILLE ROAD, Peach Glen, PA 17375 Pickup []? Phone # (717)677-8181 1100 Contact kelly Office Howl BY APPT Notes NO DRIVER UNLD MUST USE LUMPIER SVC REL#0120115 Directions 81 S X-47(34 S) 12 mi to village of Goodyear just past Red Brick Church Turn Rght on Peach Glen Rd They R 3 mi on the Lft / I LOAD ACRSS ST @ POLE BARN DO NOT USE DOCKLOCK ON REEFERS'-NO DRIVER UIdLDS Goods Quantity Weight Pieces . Pallets Beverages/Juice/Soda 1 44,350.00 1,150.00 23.0 Destination Company ALDI INC Scheduled Arrival Date 04102/12 06:00 Scheduled Departure Date 04/02112 06:00 Address 300 STATE RT 281, Tully, NY 13159 Phone # (315)696-2425 Contact Drop 0 Office Hours Notes Directions 81 N TO X-13 (PREBLE) RAMP RIGHT ON TO 281 N GO 3 MILES THEY ARE ON RIGHT Goods Quantity Weight Pieces Pallets Beverages/Juice/Soda 1 44,350.00 1,150.00 23.0 Resource Tye Start End JOHNROEMER Owner Operatt 0001 Carlisle, PA 17013 --------------- ---------- 0003 -.---- •-------- Tully, NY 13159 ------------------------- ........................ 626 --------------------------- ....... ----------------------------------- Tractor ooo-I Carlisle. PA 17013 ----------------------------------------------------------------- ----- 0003 -------- - ------ Tully, NY 13159 ------------------- - -------------- Page 1 of 1 03128/12 Exti d? t I " ?? i? EXHIBIT Y Metcalf Trucking, LLC Load Manifest toad ID 23478 Scheduled Start Date 03130/12 09:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 03130/12 20:00 Shipper Ref # 106634804 .oad instructions CHRW 866 581 0813 LD#106634804 CALL Unloaded Origin Company Unloaded origin Notes Directions Address Liverpool, NY 13088 Phone # Office Hours Contact Scheduled Arrival Date Scheduled Departure Date Ip i ':?;j dj p. 25 „hD $ ?4 ? 7153 Loaded Origin Company SENECA FOODS/GENEVA DIST Scheduled Arrival Date 03/30/12 09:00 CTR Scheduled Departure Date Address 100 GAMBEE RD, Geneva, NY 14456 Pickup F Phone # (315)789-8606 Contact Office Hours 0600-2000 FCFS Notes PU#7564SW56454 Directions NY THRUWAY RT 90 TO EXIT 42 TAKE 14 S FOR 4 Ml GO RIGHT ON GAMBEE RD THEY ARE 3RD DRIVEWAY ON RIGHT Goods Quantity Weight Pieces Pallets Freight all kinds 1 44,317.00 31184.00 0.0 Destination Company C&SIUNILEVER/ES3 Scheduled Arrival Date 0313011220:00 -- - Scheduled Departure Date 03130112 20:00 Address 4875 SUSQUEHANNA TRAIL, E York, PA 17402 Phone # (717)268-1661 Contact COREY Drop Q Office Hours 717-268-1390 MAIN LINE Notes $150&UP fine fir late dely MUST GET GATEPASS TO GET PAID APPT#2879473 Directions 83 S TO EXIT 28 STRINESTOWN OFF RAMP RIGHT THEY ARE 314 MI ON LEFT Goods Quantity Weight Pieces Pallets Freight all kiois 1 44,317.00 3,184.00 0.0 Resource Type Start End ,IOHNROEMER owner Operab 0001 Liverpool, NY 13088 0003 E York. PA 17402 - ---- -------------------------------------- ------------- --------- ---- - ----------------- 626 Tractor 0001 Liverpool, NY 13088 - 0003 E York, PA 17_------_ ----- -- ----------------------------------------- ------ 1- .......................... 1 of 1 03/28/12 EXHIBIT Z Load ID 23479 Load Status Assigned Load Instructions Metcalf Trucking, LLC Load Manifest I Scheduled Start Date 03/30112 21:00 Dispatcher AMILLER Scheduled End Date 04/02/12 09:00 Shipper Ref # 415000000231686 Unloaded Origin Company Unloaded origin Address E York, PA 17402 Phone # Office Hours Notes Directions Contact 'ts' 4?-& Loaded Origin Company RECKITT B/ NE LOGISTICS CTR Scheduled Arrival Date 03/30/12 21:00 Scheduled Departure Date Address 360 INDEPENDENCE AVE, Mechanicsburg, PA 17050 Pickup Phone # (717)506-1512 Contact SCHDLG 506-1524 Office Hours 800-441-3649 Notes ON DROP TRAILER TAKE EMPTY PU#09072349 Directions 15 S TO ROSSMOYNE/WESLEY DR EXIT OFF RAMP RIGHT TO 1ST LIGHT LEFT ON GETTYSBURG FOLLOW 3/4 MI RIGHT ON INDEPENDENCE THEY ARE ON RIGHT Goods Quantity Weight Pieces Pallets Freight all kinds 1 40,349.00 1,028.00 25.0 Destination Company WILL POULTRY Scheduled Arrival Date 04/02112 09:00 Scheduled Departure Date 04/02/12 09:00 Address 1075 WILLIAMS ST, Buffalo, NY 14240 Phone # (716)853-2000 Contact Drop ?? Office Hours 0800-1700 Notes APPT#6824 Directions 90 TO X-53 TO RT 190 N TO 2ND EXIT (QUENTIN RD) OFF RAMP RIGHT TO LIGHT RIGHT ON BAILEY AVE N TO 2ND LIGHT LEFT ON WILLIAM ST THEY ARE 1/2 MI ON LEFT WILL CK IN HERE AND GO 5 MI DOWN RD TO OFFSITE WHS Goods Quantity Weight Pieces Pallets Freight all kinds 1 40,349.00 1,028.00 25.0 Resource Type Start End JOHNROEMER - Owner Operab 0001 E York, PA 17402 0003 Buffalo, NY 14240 3309 ------------------- 626 Trailer 0001 E York, PA 17402 ------------------------------------------------------- Tractor 0001 E York, PA 17402 Scheduled Arrival Date Scheduled Departure Date 0003 Buffalo, NY 14240 0003 Buffalo, NY 14240 -------------------------------------------- I Page 1 of 1 tX -?" "Z /? 03/30/12 EXHIBIT AA Metcalf Trucking, LLC Load Manifest Load ID 23492S Scheduled Start Date 03/30/12 16:27 -Dispatcher AMILLER Load Status Assigned Scheduled End Date 04/03/12 03:30 Shipper Ref #'415000000237282 Load Instructions Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Carlisle, PA 17015 Phone # Contact Office Hours Notes Directions Loaded Origin Company METCALF TRUCKING, LLC Scheduled Arrival Date 03/30/12 16:27 'Scheduled Departure Date Address 1513 E COMMERCE AVE, Carlisle, PA 17015 Phone # (717)241-6400 Contact Office Hours Notes Directions 81 S TO X-44 RAMP LEFT GO UNDER 81 MAKE 1 ST LEFT ON E COMMERCE AVE WE ARE 3RD PLACE ON LEFT BLUE BLDG PARK IN REAR Destination Company ASSOCIATED WHOLESALER Scheduled Arrival Date 04/03/12 03:30 Scheduled Departure Date 04/03/12 03:30 Address RT 422, Robesonia, PA 19551 Phone # (610)693-3161 6 5 Contact Drop 7 Office Hours BY APPT Notes Directions 83 N to 30 E 222 N to 422 W thru Wernersville @ light turn LFT on Big Spring Rd Go 1 block to stop turn RT Enter @ 2nd AWI gate on LFT Goods Quantity Weight Pieces Pallets Freight all kinds 1 31,642.00 2,003.00 21.0 Resource Type Start End JOHNROEMER Owner Operate 0001 Carlisle, PA 17015 0003 Robesonia, PA 19551 -----------I------------------------------------------------------- -------------------------------------------------------------------------------- 395 Trailer 0001 Carlisle, PA 17015 0003 Robesonia, PA 19551 ------------------------------------------------------------------------------------------------------------------------------------------------------- 626 Tractor 0001 Carlisle, PA 17015 I Page 1 of 1 0003 Robesonia, PA 19.551 1-?( , A 04/02/12 EXHIBIT 1 1 Metcalf Trucking, LLC Load Manifest Load ID 23513 Scheduled Start Date 04/02/12 11:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 04/02/12 21:00 Shipper Ref # 9260841-1 Load Instructions SOURCE ONE 716 686 7077 LD#9260841-1 CALL Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Buffalo, NY 14240 Phone # Contact Notes Directions Office Hours Oh O .Un-'R4 Loaded Origin Company AMERICAN SALES Scheduled Arrival Date 04102/12 11:00 Scheduled Departure Date Address 4201 WALDEN AVE, Lancaster, NY 14086 Pickup 0 Phone # (716)686-7000 Contact 716 686 7069 appt KAT Office Hours APPT HRS 8AM-3PM ONLY Notes Directions 390 TO X 6, RT 36. FOLLOW 36 TO RT 63. FOLLOW 63 TO 20 W. FOLLOW 20 TO 77 N TO 33 W. FOLLOW 33, 33 TURNS INTO WALDEN, FOLLOW WALDEN TO CUSTOMER ON LHS. Goods Quantity Weight Pieces Pallets CANDY 1 35,000.00 0.00 0.0 Destination Company GIANT Scheduled Arrival Date 04/02/12 21:00 Scheduled Departure Date Address 1621 INDUSTRIAL DR, Carlisle, PA 17013 Phone # (717)249-8033 Contact Drop ?? Office Hours Notes Directions 81 S TO X-44 RIGHT OFF RAMP TO 2ND LIGHT RIGHT ON RT 11 TO 2ND LIGHT LEFT ON INDUSTRIAL DR FOLLOW TO END GO LEFT TO GUARD SHACK Goods Quantity Weight Pieces Pallets CANDY 1 35,000.00 0.00 0.0 Resource Type Start End JOHNROEMER Owner Operate 0001 Buffalo, NY 14240 0003 Carlisle, PA 17013 ------------------------------------------------------------------------------------------------------------------------------------------------------- 626 Tractor 0001 Buffalo, NY 14240 0003 Carlisle, PA 17013 ----------------------------------------------------------------------------------------------------------- ------------------------------------------ Page 1. of 1 03/30/12 \` /r EXHIBIT CC Metcalf Trucking, LLC Load Manifest `)O LA ? 0?, 5q Load ID 23508 Scheduled Start Date 04/03/12 10:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 04/03/12 13:00 Shipper Ref # 711995 Load Instructions MEDALLION 989 202 1705 LD#711995 CALL Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Robesonia, PA 19551 Phone # Contact Office Hours Notes Directions Loaded Origin Company LetterKenny Army Depot Scheduled Arrival Date 04/03/12 10:00 Scheduled Departure Date Address COFFEE ST, Chambersburg, PA 17201 Pickup ? Phone # (717)267-8111 Contact Office Hours w Hct s Must have drvr --Ark^;tr1r rpgpps farrl to ck in PU*12AC191JF-- Directions 181 S to xt 20 (SCOTLAND exit) RAMP RIGHT ON 997N take truck rt.997 @2nd light turn left COFFEE AVE FOLLOW TO CARBAUGH GO R FOLLOW TO PA AVE MAKE R TO VECHIAL RD MAKE R TO DRMO BLDG 2255 Goods Quantity Weight Pieces Pallets Freight all kinds 1 19,900,00 0.00 42.0 Destination Company DRMO DEFENSE DEPOT NAVY Scheduled Arrival Date 04/03/1210:00 Scheduled Departure Date 04/03/12 13:00 Address 5450 CARLISLE PIKE, Mechanicsburg, PA 17055 Phone # (717)605-7728 Contact HARRY/EARL Drop ?? Office Hours Notes BLDG 205 Directions 81 TO 581 E TAKE CARLISLE PIKE EXIT OFF RAMP RIGHT TO 1 ST LIGHT LEFT INTO DEPOT Goods Quantity Weight Pieces Pallets Freight all kinds 1 19,900.00 0.00 42.0 Resource Type Start End JOHNROEMER ---------------------------- Owner ---------------- Operate 0001 Robesonia, PA 19551 --------------------------------------------------------- 0003 --------------- Mechanicsburg, PA 17055 -------------------- - - -------- 395 ---------------------------- Trailer --------------- 0001 Robesonia, PA 19551 -------------------------------------------------------- 0003 --------------- Mechanicsburg, PA 17055 ----------------- ----------------- 626 Tractor 0001 Robesonia, PA 19551 0003 Mechanicsburg, PA 1705?5. ( I ii Page 1 of 1X 04/02/12 EXHIBIT DD ?- Metcalf Trucking, L"?:t Load Manifest] . M., 79 IT M;/111%, M \F V ? 1 ?'+ r' ? C9?J V LL0 LoadlD 23489S Load Status Assigned Load Instructions Scheduled Start Date 04/03/12 16:06 Dispatcher AMILLER 4?1 84 Scheduled End Date 04/04/12 12:00 Shipper Ref # 8061475 ?? Unloaded Origin Company Unloaded origin Address Carlisle, PA 17015 Phone # Office Hours Notes Directions Scheduled Arrival Date f Scheduled Departure Date Contact Loaded Origin Company METCALF TRUCKING, LLC Scheduled Arrival Date 04/03/12 16:06 Scheduled Departure Date Address 1513 E COMMERCE AVE, Carlisle, PA 17015 Phone # (717)241-6400 Contact Office Hours Notes Directions 81 S TO X-44 RAMP LEFT GO UNDER 81 MAKE 1ST LEFT ON E COMMERCE AVE WE ARE 3RD PLACE ON LEFT BLUE BLDG PARK IN REAR Destination Company C&S Scheduled Arrival Date 04/04/12 12:00 Scheduled Departure Date 04/04/12 12:00 Address 1500 CORPORATE BLVD, Newburgh, NY 12550 Phone # (845)567-6800 7020 Contact Drop 0 Office Hours BY APPT Notes $150&UP fine for late dely MUST GET GATE PASS TO GET PAID appt#2881398 Directions Take 81 North to 84 East to Exit 6 Turn RIGHT off ramp to 3rd light Turn LEFT into Corp. Center They are 3rd building on LEFT Goods Quantity Weight Pieces Pallets COOKING OIL 1 29,084.00 2,229.00 18.0 Resource Type Start End GARYSHEW -------------------------- Driver ------------------------ 0001 Carlisle, PA 17015 ------------------------------------------------- 0003 ----------------- Newburgh, NY 12550 ----------------------------------- 3306 -------------------------- Trailer ------------------------ 0001 Carlisle, PA 17015 ------------------------------------------------- 0003 ----------------- Newburgh, NY 12550 -- ------ ----------- -- 11250 -------------------------- Tractor ------------------------ 0001 Carlisle, PA 17015 ---------------------------- --------------------- 0003 ----------------- ----- - - ------- Newburgh, NY 12550 ----------------------------------- Page 1 of 1 04/03/12 EXHIBIT EE Metcalf Trucking, LLC 4, Load Manifest - Load ID 23539 Scheduled Start Date 04104/12 19:00 Dispatcher MMOSE'F Load Status Assigned Scheduled End Date 04104/12 23:00 Shipper Ref # 0453409 Load Instructions AFN 866 766 8348 LD#0453409 CALL Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Newburgh, NY 12550 Phone # Contact Office Hours Notes Directions 0'egk' "!,;&- Loaded Origin Company NIAGARA BOTTLING Scheduled Arrival Date 04/04/12 19:00 Scheduled Departure Date Address 7561 INDUSTRIAL BLVD, Allentown, PA 18106 Pickup FY-11 Phone # (866)252-1222 Contact Office Hours Notes PU#5844895 NB#12105282 Directions 78 to exit 49a 100 south make left on industrail blvd Goods Quantity Weight Pieces Pallets Beverages/Juice/Soda 1 43,524.00 0.00 0.0 Destination Company C&S/UNILEVER/ES3 Scheduled Arrival Date 04/04/12 23:00 Scheduled Departure Date 04/04/12 23:60 Address 4875 SUSQUEHANNA TRAIL, E York, PA 17402 Phone # (717)268-1661 Contact COREY Drop 5/ Office Hours 717-268-1390 MAIN LINE Notes $150&UP fine for late dely MUST GET GATEPASS TO GET PAID APPT#739235 Directions 83 S TO EXIT 28 STRINESTOWN OFF RAMP RIGHT THEY ARE 3/4 MI ON LEFT Goods Quantity Weight Pieces Pallets Beverages/Juice/Soda 1 43,524.00 0.00 0.0 Resource Type Start End GARYSHEW --------- --------------- Driver ------------------------ 0001 -------------- Newburgh, NY 12550 ------------------------------------- 0003 E York, PA 1,7402 -------------------------------------------------- -- 11250 -------------------------- Tractor ------------------------ 0001 -------------- Newburgh, NY 12550 ---------------------------------=--- 0003 E York, PA 17402 -------------------------------------------------- Page 1 of 1 1t - E 04/03/12 b EXHIBIT FF Metcalf Trucking, LLC Load Manifest Load ID 23506 Scheduled Start Date 04/05/12 13:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 04106/12 00:30 Shipper Ref # 80615469 _oad Instructions Unloaded Origin Company Unloaded origin Address E York, PA 17402 Phone # Office Hours Notes Directions Contact Scheduled Arrival Date Scheduled Departure Date Loaded Origin Company Arnold Logistics BLDG 1 Scheduled Arrival Date 04/05112 13:00 Scheduled Departure Date Address 470 St Johns Church Rd, Camp Hill, PA 17011 Pickup ? Phone # (717)731-4368 Contact bill Office Hours 0700-1500 Notes WE MUST HAVE ORIGINAL BILLS&LUMPER RECEIPTS FOR BILLING PU#80615469 Directions 581 W TO X-4 (RT 641) RAMP RGHT@STOP RGHT TO 1 ST LITE LFT TO 1 ST ARNOLD BLDG ON CRNER OF ST JOHNS & IND RD ENTER ON ST JOHNS SIDE" WE MUSYHVE ORIGL BILLS/LMPER REC Goods Quantity Weight Pieces Pallets COOKING OIL 1 44,668.00 1,314.00 30.0 Destination Company WHITE ROSE Scheduled Arrival Date 04/06/12 00:30 Scheduled Departure Date 04/06/12 00:30 Address 380 MIDDLESEX AVE, Carteret, NJ 07008 Phone # (732)541-3600 Contact LUIS or Margaret Drop ?? Office Hours Notes PO#0703908 Directions NJ TP X12-PAY TOLL STAY STRAIT, ROAD GOES ALONG HOUSING COMPLEX GO APPROX 1 MILE ON LEFT HAND SIDE Goods Quantity Weight Pieces Pallets I COOKING OIL 1 44,668.00 1,314.00 30.0 Resource Type . Start _ End JOHNROEMER Owner Operate 0001 E York, PA 17402 ----------------------- --------------------------------- - - 0003 ------------------ Carteret, NJ 07008 ----------------------------------- ---------------------------- 3317 ------ ---- - Trailer 0001 E York, PA 17402 ------------------------------------------------------------------ 0003 ------------------ Carteret, NJ 07008 ----------------------------------- ---------------------------- 626 ---------------------------- ---- Tractor 0001 E York, PA 17402 ------------------------------------------------ ---------------------- 0003 ----------------- Carteret, NJ 07008 ----------------------------------- Page 1 of 1 04/05/12 X? EXHIBIT GG Load ID 23545 Load Status Assigned Load Instructions Metcalf Trucking, LLC Load Manifest Scheduled Start Date 04/06/12 05:00 Dispatcher AMILLER Scheduled End Date 04/06/12 22:00 Shipper Ref # 680488 Unloaded Origin Company Unloaded origin Address Carteret, NJ 07008 Phone # Office Hours Notes Directions Contact Scheduled Arrival Date Scheduled Departure Date JoO Jig h? Loaded Origin Company FEROLITO/ARIZONA BEVERAGES Scheduled Arrival Date 04/06/12 05:00 Scheduled Departure Date Address 30 CLEARVIEW AVE, Edison, NJ 08817 Pickup Phone # (732)395-6976 Contact shak Office Hours 24 hr shipper Notes PU#680488 Directions NJ PK X-10 OFF TOLL STAY LEFT GET ON 514 W. AROUND BEND @ SIGN FOR RARITAN CTR GET OFF THEN GO LEFT ON KING GEORGES POST RD THEN RIGHT ON CLEARVIEW AVE THEY ARE ON LEFT Goods Quantity Weight Pieces Pallets Beverages/Juice/Soda 1 44,350.00 1,150.00 25.0 Destination Company C&S/UNILEVER/ES3 Scheduled Arrival Date 04/06/12 22:00 Scheduled Departure Date 04/06/12 22:00 Address 4875 SUSQUEHANNA TRAIL, E York,. PA 17402 Phone # (717)268-1661 Contact COREY Drop Office Hours 717-268-1390 MAIN LINE Notes $150&UP fine for late dely MUST GET GATEPASS TO GET PAID APPT#2893941 Directions 83 S TO EXIT 28 STRINESTOWN OFF RAMP RIGHT THEY ARE 3/4 MI ON LEFT Goods Quantity Weight Pieces Pallets Beverages/Juice/Soda 1 44,350.00 1,150.00 25.01 Resource Type Start End JOHNROEMER Owner Operate 0001 Carteret, NJ 07008 0003 E York, PA 17402 ------------------------------------------------------------------------------------------------------------------------------------------------------- 3317 Trailer -------------------------------------------- 626 Tractor -------------------------------------------- Page 1 of 1 0001 Carteret, NJ 07008 0003 E York, PA 17402 0001 Carteret, NJ 07008 0003 E York, PA 17402 ----------------------------- -------------------------------------------------------------------------- EA -L 04/05/12 EXHIBIT HH Metcalf Trucking, LLC Load Manifest Load ID 23552 Scheduled Start Date 04/09/12 15:00 Dispatcher MSTITT Load Status Assigned Scheduled End Date 04/10/12 07:00 Shipper Ref # 25747 Load Instructions LIBERTY 800 844 8249 LD#25747 CALL Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address E York, PA 17402 Phone # Contact Office Hours Notes - Directions Loaded Origin Company NISSIN FOODS/NEW ERA/MENLO Scheduled Arrival Date 04/09/12 15:00 LOG Scheduled Departure Date Address 600 HUNTER AVE, Middletown, PA 17057 Pickup 1 Phone # (717)930-0712 Contact Office Hours Notes PU#SO0181629 Directions 283 E TO X-1 -A AIRPORT/441S STAY IN LEFT LANE TAKE MDT/HSPR EX TO UTE LFT 230 E GO 1/2 MI TURN L ON MEADE AVE FOLLOW TO TOP OF HILL TURN L GO TILL YOU SEE TURNPIKE CUSTOMER ON LEFT. Goods Quantity Weight Pieces Pallets Freight all kinds 1 33,305.00 5,220.00 58.0 Destination Company DOLLAR TREE DISTRIBUTION CTR Scheduled Arrival Date 04/10/12 07:00 Scheduled Departure Date 04110/12 07:00 Address 1330 EXECUTIVE BLVD, Chesapeake, VA 23320 Phone # (757)321-5001 Contact 7573215505 APPT LINE Drop ?? Office Hours Notes APPT#2540690 Directions 95 S TO 64 E TOWARDS NORFOLK AFTER TUNNEL TAKE X-289-B GO TO 3RD LIGHT GO RIGHT ON EDEN WAY THEY ARE 3/4 MI ON LEFT ON 'EXECUTIVE BLVD Goods Quantity Weight Pieces Pallets Freight all kinds 1 33,305.00 5,220.00 58.0 Resource Type Start End JOHNROEMER Owner Operate 0001 E York, PA 17402 0003 Chesapeake, VA 23320 --------- - - --------------------------------------- - 626 Tractor 0001 E York, PA 17402 0003 Chesapeake, VA 23320 -------------------------------=----------------------------------------------------- Page 1 of 1 EA -}- ? 1 H 1 04/09/12 EXHIBIT 11 Metcalf Trucking, LLC ?? 1n Load Manifest , Load ID 23566 Scheduled Start Date 04/10/12 14:00 Dispatcher MMOSER Load Status Assigned Scheduled End Date 04/11/12 15:00 Shipper Ref # M019418 Load Instructions AFN 866 766 8348 LD#M019418 CALL Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address Chesapeake, VA 23320 Phone # Contact Office Hours Notes Directions Loaded Origin Company MASSIMO ZANETTI Scheduled Arrival Date 04/10/12 14:00 Scheduled Departure Date Address 200 PORT CENTRE PKWY, Portsmouth, VA 23704 Pickup ?7 Phone # (757)215-7300 Contact Office Hours Notes MUST HAVE 2 LOAD BARS PU#S000377390PORT Directions 64 E TO X-284-A TO 264 W TO X-7 STAY IN RT LANE 1 ST LITE RIGHT ON PORTCENTER PKWY GO STRAIGHT THRU NEXT LIGHT 1ST RIGHT AFTER MASSIMO BUILDING ONTO WAVY ST. STOP SIGN MAKE RT TURN LEFT INTO DROP LOT. Destination Company C&S/UNILEVER/ES3 Scheduled Arrival Date 04/11/12 15:00 Scheduled Departure Date 04/11/12 15:00 Address 4875 SUSQUEHANNA TRAIL, E York, PA 17402 Phone # (717)268-1661 Contact COREY Drop 7,/ Office Hours 717-268-1390 MAIN LINE Notes $150&UP fine for late dely MUST GET GATEPASS TO GET PAID APPT#2905437 OK TO DROP ANYTIME BEFORE APPT Directions 83 S TO EXIT 28 STRINESTOWN OFF RAMP RIGHT THEY ARE 3/4 MI ON LEFT Resource Type Start End JOHNROEMER Owner Operat( 0001 Chesapeake, VA 23320 0003 E York, PA 17402 --------------------------------------------------- --------------------------------------------------------- 626 Tractor 0001 Chesapeake, VA 23320 0003 E York, PA 17402 Page 1 of 1 7c , »-E It 04/09/12 EXHIBIT ii -' Metcalf Trucking, LLC Load Manifest Load ID 23564 Scheduled Start Date 04/10/12 15:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 04/11112 10:00 Shipper Ref # 174856 Load Instructions Unloaded Origin Company Unloaded origin Scheduled Arrival Date Scheduled Departure Date Address E York, PA 17402 Phone # Contact Office Hours Notes Directions jo?n , 5n Aq Loaded Origin Company ALLEN DIST BLDG 12 Scheduled Arrival Date 04/10/12 15:00 Scheduled Departure Date Address 1700 SHEARER DR, Carlisle, PA 17013 Pickup Phone # (717)258-8504 Contact PAM/BRYAN Office Hours 24/7 DROP&HOOK Notes P/U#978880 BEER ON DROP TRAILER TAKE IN EMPTY Directions 81 S X-44 OFF RAMP RIGHT TO 2ND LIGHT RIGHT ON 11 N TO 1 ST LIGHT LEFT ON SHEARER THEY ARE 1 ST BLDG ON RIGHT Destination Company WRIGHT WISNER Scheduled Arrival Date 04/11/12 10:00 Scheduled Departure Date Address 3165 BRIGHTON HENRIETTA TOLL ROAD, Rochester, NY 14624 Phone # (585)427-2880 252 Contact BILL MORSCH/WOODY Drop 0 Office Hours 0700-1500 Notes Directions 15N TO 390w TO 590N. GO TO EXIT 1. RIGHT OFF RAMP ONTO WI.NTON ROAD. 3RD LIGHT MAKE A RIGHT ONTO BRIGHTON HENRIETTA TOWN LINE. 3/4 ON LEFT GO TO 2ND DRIVEWAY. Resource Type Start End JOHNROEMER Owner Operate 0001 E York, PA 17402 0003 Rochester, NY 14624 ------------------------------------------------------------------------------------------------------------------------------------------------------- 626 Tractor 0001 E York, PA 17402 0003 Rochester, NY 14624 Page 1 of 1 04/10/12 EXHIBIT KK Metcalf Trucking, LLC Load Manifest Load ID 23578 Scheduled Start Date 04/11/12 12:00 Dispatcher AMILLER Load Status Assigned Scheduled End Date 04/12/12 05:00 Shipper Ref # 04112012 Load Instructions 24-70 BROKERAGE 716 866 0187 CALL Unloaded Origin Company Unloaded origin Address Rochester, NY 14623 Phone # Office Hours Notes Directions Jo hen 43 Z' _t; / .4v? Loaded Origin Company MIZKAN AMERICAS INC/OLD Scheduled Arrival Date 04/11/12 12:00 PICKLE FACTORY Scheduled Departure Date Address 711 PARK AVE, Medina, NY 14103 Pickup ?? Phone # (585)798-4016 Contact Office Hours 0700-1400 Notes PU f';71eZ9 Directions 90 TO X-48-A TO 77 N TO 63 N TO 31 W TO RIGHT ON SALT WORKS RD GO OVER RR TRKS TO RIGHT ON PARKS RD FOLLOW TO SIGN BACK IN FROM ALLEY Destination Company FRESENIUS MEDICAL Scheduled Arrival Date 04/12/12'05:00 Scheduled Departure Date 04/12/12 05:00 Address 15 RITTER WAY, Lebanon, PA 17042 Phone # (717)274-0327 Contact Drop ?? Office Hours t<Ci?i.? /7G Notes V Directions FROM 78 TAKE 72 S TO 10TH ST GO RGHT TO ROCHERTY GO RGHT TO E EVERGREEEN GORGHT TO STATE DR GO RGHT TO LEB VLY PKWY GO LFT FOLLOW TO BLDG Resource Type Start JOHNROEMER Owner Operab 0001 Rochester, NY 14623 626 Tractor 0001 Rochester, NY 14623 -------------------------------------------------------------------------------------------------------- Page 1 of 1 Contact Scheduled Arrival Date . Scheduled Departure Date End 0003 Lebanon, PA 17042 -------------------------------------- 0003 Lebanon, PA 17042 04/10/12 EXHIBIT LL j ..ct.?vt 1 ? ? ? ??azf??. ?, 3? 70 X18 • ?? alp. j?a 2- 3J67 57 7/9.77 a 73 31/ l/,o? 317/ '' ? ate g!% ?? FiCL-+- r-U e,i ?Ba ;Z3 97 - ? 3q3. '7s + i?c,r 5v = S"ao. as 4317 tAOD ?.3//,fez- z 3 3 z e. - - - - 01's. 725' /©- %Z/ Rat d C+- ? •233z(y- r r. 7S ? ® ? ~ t ^l? `ixJ/?° (A/?i?.l? ?T ' r- v ?`r ^ ? ` f' ? 1'7'? dt'1'" • ?I ? w 7 / V?/ aG 7 V ? `P /y ? 5 ? r • ?f?lJ, i 5 1 - ?-5j/aa? a ..33'`78 - 57, SO :. 4 "I L EXHIBIT mml p.1 Phone 717-241-6400 Fax 717-241-6401 1513 E Commerce Ave, Carlisle, PA 17015 May 16, 2012 To whom it may concern, John Roemer has returned everything that was Metcalf Trucking, LLC equipment to our company. He is released from his lease and any issues with Metcalf Trucking, LLC. Thank you, Kristine Metcalf Owner-member CX4;?;? "/I / CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne,, P.C., hereby certify that true copy of the foregoing Complaint was served this date upon the below-referenced corporation at the below listed address by way of first class mail, postage pre-paid: METCALF TRUCKING, LLC 1513 E. Commerce Avenue Carlisle, PA 17013 Dated: 4 I I Z C Lisa rie Coyne COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 F[LEO-OFF ICE 70 r THE PROTHONOTARY 2012 JUL 12 PM 1: 48 CUMBERLAND COUNTY PENNSYLVANIA JOHN ROEMER, d/b/a, : IN THE COURT OF COMMON PLEAS J. ROEMER TRANSPORT, Plaintiff CUMBERLAND COUNTY, PENNSYLV VS. NO. 12-3169CIVIL TERM METCALF TRUCKING, LLC, Defendant CIVIL ACTION--LAW TO: Metcalf Trucking, LLC 1513 E. Commerce Avenue Carlisle, PA 17013 DATE OF NOTICE: JUIV 11, 2012 IMPORTANT NOTICE 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU C GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: it ?,Ul L COYNE & CO P.C. By: ," IS MARIE CO , ESQUIRE Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff 1 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of Plaintiff's Ten Day Notice of was served upon the below-referenced individual by sending the same by first class mail, postage I addressed as follows: Metcalf Trucking, LLC 1513 E. Commerce Avenue Carlisle, PA 17013 Dated: it 101-1- 0 LIS MARIE COYNE, ES9URE 2 COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 Attorneys for Plaintiff (717) 737-0464 JOHN ROEMER, d/b/a, : IN THE COURT OF COMMON PLEAS OF ROEMER TRANSPORT, J : CUMBERLAND COUNTY, PENNSYLVANIA ,._. . Plaintiff _ ` S. r?1.?n'?y1 .E? • .y.? w+ t 1 ..M..J F (?-.? +.? `! ?y"n NO. 12-3169 CIVIL TERM cn 1 ? CD TRUCKING, LLC, 0-% ^ Defendant CIVIL ACTION--LAW < -0 ; A- _T / PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT ' - TO THE PROTHONOTARY: Please enter judgment of default in favor of plaintiff, JOHN ROEMER, d/b/a J. ROEMER TRANSPORT and against defendant, METCALF TRUCKING, LLC, for failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with a Writ of Summons by the Sherriff of Cumberland County on May 21, 2012 and a Complaint by way of overnight mailing and proof of delivery on June 21, 2012, and defendant's answer to the Complaint was due to be filed on July 11, 2012. Plaintiff issued a written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by first class mail, postage prepaid to the defendant at their last known address on JULY 11, 2012, which was served at least Ten days prior to the filing of this Praecipe. Assess damages as follows: Breach of Contract Proceeds ------------------------------------------------------------------- $15,944.51 Please enter judgment in favor of Plaintiff and assess damages in the amount of $15,944.51 plus interest and court costs, being the amount demanded in the complaint. COYNE & COYNE, P.C. Date ! `f 12 By: F' Lis arie Coyne, Esquire 576j U P a. Supreme Ct. No. 53788 5 d - y 3 901 Market Street P 0 ? -7 Camp Hill, PA 17011„4227 4 (717) 737-0464 6?? ` ?' (? Attorney for Plaintiff COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff JOHN ROEMER, d/b/a, IN THE COURT OF COMMON PLEAS OF J. ROEMER TRANSPORT, , Plaintiff VS. -METCALF TRUCKING, LLC, Defendant TO: Metcalf Trucking, LLC 1513 E. Commerce Avenue Carlisle, PA 17013 DATE OF NOTICE: July 11, 2012 : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-3169CIVIL TERM : CIVIL ACTION--LAW IMPORTANT NOTICE 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: i f 'LC1l L COYNE & CO P.C. By. ?.- IS MARIE CO , ESQUIRE Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff CERTIFICATE OF SERVICE 3 I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of Plaintiff's Ten Day Notice of Default was served upon the below-referenced individual by sending the same by first clas' mail, postage prepaid, addressed as follows: Metcalf Trucking, LLC 1513 E. Commerce Avenue Carlisle, PA 17013 Dated: t 1 '2-0 l'Z- \ a--? LIS MARIE COYNE, ES9UIRE 2 Office of the Prothonotary Cumberland County One Courthouse Square Suite 100 Carlisle, PA 17013 (717) 240-6195 DAVID D. BUELL PROTHONOTARY In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that the following judgment was entered against you in this office. Plaintiff: JOHN ROEMER, d/b/a, J. ROEMER TRANSPORT Defendant: METCALF TRUCKING, LLC Docket Number: 12-3169 CIVIL TERM David D. Buell, Prothonotary COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 JOHN ROEMER, d/b/a, J. ROEMER TRANSPORT, Plaintiff VS. METCALF TRUCKING, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3169 CIVIL TERM , ?• CIVIL ACTION--LAW CERTIFICATE OF SERVICE B co ;N1a I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of foregoing Praecipe for Default Judgment, dated July 26, 2012 was served this date upon the referenced corporation at the below listed address by way of first class mail, postage pre-paid: METCALF TRUCKING, LLC 1513 E. Commerce Avenue Carlisle, PA 17013 Dated: _6 ? ? 01 Z ISika M ie Coyne, Esquir 3961 -Market Street Camp Hill, PA 17011-4227 (717) 737-0464