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Home My WebLink About05-2512H:\BaysideTowing&Transport\Documents\Complaint.OralConstract...sjf 5.2.05;5.3;5.4;5.13 Nicholas Ertnolovich, Esquire SHIRK & ERMOLOVICH, LLP 115 South State Street Ephrata, PA 17522-2412 717/733-7997 Attorney ID#73573 BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff vs. H&A JONES ASSOCIATED, INC. t/d/b/a E.C. GAINES AUTO TRANSPORT Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D5 -o2Sl? Ctv; ?--? NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Nicholas Ermolovich, Esquire SHIRK & ERMOLOVICH, LLP 115 South State Street Ephrata, PA 17522-2412 717/733-7997 Attorney ID#73573 ATTORNEY FOR PLAINTIFF BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff VS. H&A JONES ASSOCIATED, INC. t/d/b/a E.C. GAINES AUTO TRANSPORT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-090, (21 vtC-? COMPLAINT Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport (hereinafter referred to as "Bayside"), is a limited liability company organized and existing under the laws of the State of Maryland with a principal place of business located at 5709 Willaims Road, Hydes, Maryland 21082. 2. Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport (hereinafter referred to as "E.C. Gaines"), is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 2 Appomattox Court, Mechanicsburg, Pennsylvania 17055. Bayside, among other items, provides trucking services and transports vehicles for auto dealers. 4. Bayside provided trucking and transport of vehicles on behalf of E.C. Gaines on an open account or book account basis. 5. At the special order and request of E.C. Gaines, Bayside provided the trucking and transport of vehicles on behalf of E.C. Gaines on the said open account or book account basis and as shown on the invoices specifying the vehicle type, pick up and drop off locations and unit prices as provided to E.C. Gaines. See copy of invoices dating from October 30, 2003 through January 30, 2004 (16 total invoices) attached hereto and incorporated herein by reference as Exhibit "A". 6. Bayside also charged E.C. Gaines Six Hundred Nineteen and 28/100 Dollars ($619.28) for damage caused by E.C. Gaines or one of its agents or contractors to a vehicle transported under contract to Bayside. 7. The trucking services provided by Bayside were of good quality, and the prices charged were the fair and reasonable prices for such services in the industry. 8. All transports were completed by Bayside in a timely and workmanlike manner and according to the standards of the trucking industry. 9. E.C. Gaines accepted all services without objection or complaint to Bayside. 10. Services provided to E.C. Gaines total Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), which represents the total balance owed Bayside including a damage cost of Six Hundred Nineteen and 28/100 Dollars ($619.28) as described above and after crediting E.C. Gaines for all payments and other credits relating to E.C. Gaines transport of vehicles on behalf of Bayside. 11. The relationship of the open account or book account was that E.C. Gaines acknowledged invoices of Bayside and agreed to pay all invoices and further agreed to pay a one and one half percent (1.5%) service charge per month for all accounts not paid 2 within thirty (30) days. 12. Despite written demand by Bayside, E.C. Gaines has failed and refuses to pay the total balance owed for the trucking and transportation services in the total principal amount of Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), which represents the total balance after crediting E.C. Gaines for all payments and other credits relating to E.C. Gaines transport of vehicles for Bayside as well as finance charges due from March 1, 2004. COUNTI (BREACH OF CONTRACT) 13. The foregoing paragraphs are incorporated herein by reference as though fully set forth below at length. 14. E.C. Gaines has refused and still does refuse to pay the principal balance due and owing as of January 30, 2004 in the amount of Thirteen Thousand Five Hundred Forty- Nine and 28/200 Dollars ($13,549.28), which represents the total balance owed Bayside with credits to E.C. Gaines for all payments and credits relating to E.C. Gaines transport of vehicles on behalf of Bayside, plus all finance charges in the amount of $203.24 per month since March 1, 2004. 15. E.C. Gaines has breached the contract with Bayside by failing to provide payment to Bayside for trucking services. WHEREFORE, Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, demands judgment against Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, in the principal sum of Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), plus all finance charges, statutory interest and costs to date ofjudgment. COUNT II (UNJUST ENRICHMENT) 16. The foregoing paragraphs are incorporated herein by reference as though fully set forth below at length. 17. E.C. Gaines accepted all trucking and transportation services as described above, which services were valuable to E.C. Gaines, without providing full payment to Bayside. 18. E.C. Gaines has been unjustly enriched, based on the theory of unjust enrichment or quantum meruit, at the expense of Bayside if permitted to retain the value of Bayside's services without compensation to Bayside in the amount of Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), plus statutory interest to date of judgment. WHEREFORE, Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, demands judgment against Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, in the principal sum of Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), plus statutory interest and costs to date of judgment. Respectfully Submitted, SHIRK & ERMOLOVICH, LLP` By:.///? Nicholas ovich, Esquire Attorney For Plaintiff Attorney I.D. #73573 /7j OS 115 South State Street Ephrata, PA 17522-2412 (717) 627-0711 4 May 15 03 11225P 105A Beaver Court Hunt Valley, M0 21030 25265 FPANKC1CAO UCPWIRCSMC 600Y SHOP USE ONLY 11227 KNIERSMW RD OYFIBSS MRES. MO 21117 y Frankel Fed. 1.0.1 52 - 1576149 4105817779 P.1 Phone. 410.587-6555 Fax- 41(ImW-8557 . 1FAM SCOTT 325 12192 ? rMIAAI?r ?r?? ...rrNr _ 771 RMIrprIWlll 0q_ClFOlU1EMUFJ4DQWIS- _ R mr0. 166RD54YBY6 298861 II180R 8 PARiS--- .. _... _ .. ......... ... ' •H` 1 99ACZZ&A'112 Bt[W REPADt PEA FST 10RtlS>:461 774.00 in f 1 TOrAI LMR 8 FJOS 2114.80 •ti 7 9QMZ2PAF032 REFIRISA 16 PER EST. ------------ IECIHS1:571 ---- 159.70 REF1019t AS I'm FSIBMTE .- .103 f 2 161A1 LMM • PM65 ?59.70 MISG---- -tx1t1: -------OESfA1P710R-.._....-..----•--•--------'--COMIR01. 110-------•• as f z tri t11UII. FMiERrNS 129.60 - TOTAL - RISC 129.60 10TAIS----- --------------------------------------- -------- ................•...__..._ ..-._____. I 1 MIS a 11[LES pp1?? g?1m i::_ OPARtS?Rp t 71E MTE OF AEPAIR O?PO€A TmML :p 0 UEfx dJr ouR !EBSITE: rr?raite}autmtive.oos FIMIL tIS A1: Servtoe0rraicelaara.cat TOTAL 6.p?B.... ? 1030 LHO. I nISC INN. x UGH CKCKI YID rM MST low TAX. TOM MICE S 619.78 WE MITER 1Mt1C M FROM ALL OF 112 AT FRfWM ACM WWA! gfiTQER 5167MI11tE P.O. 1 cc &14) r6 ------------------- - -------------- wv nwrr r. ? C61369BS XI PAGE 1 OF 1 SF1A M FIFE COPY I EM OF IMYOlm 3 03:06!» BAYSIDE jp&00 6589 DATE: AUTO TRANSPORT NOTE: ORYSiDE AUTO CUSTOMER: TPANSP WILL NOT BE 5709 Williams Road LIABLE FOR THE PICK-UP LOCATION: OWING: Hydes, MD 21082 FOLL DarnVe Caused by open Office: 410 893-2500 carrier. leatfluid battery aft, zta coorw g systern anb*eeze or Fax: 410-879-8383 Ia%d resubV from ads of God. PHONE: CONTACT: CeT 443463-0604 Damage utable to dated due to autos dirty Mechanical DELVER TO: Functions, under carriage, - - Fully Insured exhaust assernby, *nrnent. ICC MC - 420720 and suspension. Inspection of tlucsa ilerns a not practical at ? {? o D time of shipnuuerut. DRIVER: ?- TRUCKlf: 1 rfy1? B YR MAKERAmEL REMM rc - I COLOR VIN ¦ (LAST EIGHT) OJJ,L.OCATION 2 ? (}i}t d O' ?? 3 N L 4 p Vw 4 axe s Db N A-4i & d 1\1J.? i t t! N 1 711Y? I &1 $4 1 %11647 14V-' /I I I lAI0141710W11A I BIa21 N A 9 •81 A4 A V) z 1 ¢° o $ 0 4i 9 49;3 49; Q90 z -° m O 0 z c e ? ` O m ? 0 z r o z .? m s a _ z r 4 r5?9 44 4 r??g z r li ¢° o P 0 z 7 g °o ! « 0 V Z O z T 3 a 0 O z 10 z r z r ¢o_ BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 f?.__. 40?111 Fr= ZRS D 6590 DATE: /b 103 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage cased by open carder.lealdngfluid battery acids, cooling system an"reeze or fd W MsAM from ads of God. Damage unable b detect due to autos dirty Mechanical Functions, under carriage, exhaust assembly, akjnnent and suspension. Inspection of Itiese items is not W&tical at tine of shipment CUSTOMER: - Y6 64:r na' PICK-UP LOCATION: MeME PHONE: CONTACT: DELIVER TO: 463- rI0L3 A DEL REMARKS COLOR VIN K (LAST EIGHT) PA) LOCATION V' ,s' G ( cA 2 ?rnf C K L 6 o 3 , N 4 Z p 5 Z 71- t 4 .t 5 G v h t./ 7 7 4r.•.. a 2 T 3 1 2 3 " w 9 . p - ; to z o m z > o $ v ° o ¢ z L e ? m {am ¢ O O z Y °3 = 4 s z 4 -- t, 4DI4 10 z > v m m z . ¢ d O z Y o a `o z } z Z } o w .g lu } g ¢ r O a ? e Lr V ElA.YSiDE AUTO TRANSPORT 5709 Willi-lms Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 CeII: 443-4834004 Fully Insured ICC -MC - 4'.'J720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage mused by open cartier. leaking 1Mid bat" adds, cooing system a "eem or Mod resoling from ads d Gad. Damap alahle b dead due to We nlinry Medweal Funndian% under carnage, exhaust assembly, aigmnad, and suspension. Irnspecbm d Mee items is not pnactcal at time d shipment. 6 7 8 3 4. DATE: 1,0-23-613 CUSTOMER: CC 6)9tn-4s PICK-UP LOCATION: _ D CXe-LfiY4 PHONE: _7O0-6&,-"CONTACT::1? Glnlar?? DELIVER TO: P.O.NUMBER:" DRIVER: irk ; e i6aj ?TRUCK#:? 4 YR WE MODEL COLOR Wi # (LAST tom PRICE OD (S X Mfte- I L 1,4 °I 2 oo 2 3 ! 4 , 5 6 t 7 8 9 1D SUB TOTAL pa o' t 6 TOTAL 3 oTr " ,b 2 a3. . r ???. o za 3 4 5 azn 9 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open cw w. W*xQ fled baflwy adds, anYrg *W a or Ialord , 9 flan acts of God. Damage unable to doW due to atws d'xty Mefia*d Fwxbom wxW caniW exhaust assemby, atigmlenL and suspensiom hap cgon d Mw Gems is not practical at time of d pment 6787 - ' DATE: CusroMER: F_ l ?.;.? PICK-UP LOCATION: ^ ?DrK ,S/)h+wf S. I? PHONE: - CONTACT: DELIVER TO: ?L7 P.O.NUMBEP- // DRIVER Old( TRUCK* .-L/--- # YR MAKE MODEL COLOR VMTIIUMECAM PRICE L y -7 21 71 Me-IV 2 3 du 4 5 6 7 F H 8 9 110 1 1 SUBTOTAL 1 6 ? ?i?? ',. ? TOTAL do c• *W' z ' 3 ,. 6 4 9 5 10 / dne5ffi e%bw BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, Maryland 21082 410-893-2500 8485 BILL PER FROM f o4n?CL M AuAkoh TO YEAR YEAR YEAR YEAR MAKE 2 MAKE ` MAKE MAKE MODEL Gum MODEL , MODEL iC MODEL COLOR v?ee?n COLOR ?r COLOR ? i COLOR STOCKS STOCKS 3 1 & STOCK/ 1s gas STOCK# VINX ); 1 t) VINR VqS?Slko PINS kA 9 VINs TRUCK DRIVER TOLLS _?4^ ti I 4 ,, ?OO c TOWING CHARGE ;L 7 O COMMENTS MILEAGE CHARGE Q Iffii0? STORAGE CHARGE H _ TOTAL d-7O & BAYSIDE AUTO TRANSPORT •?? 5709 Williams Road Hydes, Maryland 21082 410-893-2500 PER BILL FROM Wy.i YEAR YEAR OO b b MODEL a? MODEL Mme- FOR COLOR s; tr eY STOCK# STOCKS Nrr , I TRUCK «,,,.?s -I-? TL COMMENTS ?` vM p.(AQ? Oyt HOW TO 8486 DATE 1LZ a- YEAR ' YEAR MAKE MAKE MODEL (o alp MpD° C,,ai.? COLOR COLOR STOCK. STOCK: VIN6 ?i ba tai VIN# ug lfs TOILS TOWMG WARM 3 ?. O MILEAGE CHARGE VMGECH/IRGE - - 36 0 lb Now BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, Maryland 21082 410-893-2500 8487 w1i 'EC _ Ce-.,n,, .gs PER DATE 0/ 9 FROM TO tt YEAR 12 ei YEAR YEAR YEAR MAKE ' _ 1',w" MAKE VANE MAKE MODEL 300 MODEL MODEL MODEL COLOR COLOR COLOR COLOR OCKt h? STOCK# STOCKS STOCK# VIN S a153S3 VINS VINO MNS TRUCK DRNER ?V ` 5 m TOLLS J `r , i, _ ?-?L. TOWING CHARGE d ZJ? S WEAGE CHARGE Q C STORAGE CHARGE -- HOWP _-.. TOTAL /y 7b BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOi BE LIABLE FOR THE FOLLOWING: Damage caused by open mw, "N ow battery acids, coo" syslae m0eew or (abut mmtkq fmm ads of God. Damage mWe to dated We t0 ado's duly MechM" Fwlctions, wxW miage. exhaust assanbly, of MNK and suspension. InWediat d ORM bm is not pradical at time of d*nenL 6 714 . DATE: 8 . 3d d3 -Uwaf.s PICK-UP LOCAnoN: PHONE: CONTACT: DELIVER TO- A&MW P.O.NUMBER: DRIVER: C., mw5 igwic TRUCKM f YR MAM - MODEL COLOR mt(LASTEri-M PRICE 1 sfna I 6 1 q y % gs' 2 qi kI &11 ,rte 4 `?S b ut7 2n R£D i Z 1 0 2 q O 5 6 7 0 0 t 10 /7z " 1 2 49;3 az" f7" 3 491 4 SUB TOTAL 5 TOTAL 7 p r 1 9 5 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fare 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE SAYSIDE AUTO TRANSPORT WILL NUT BE LIABLE FOR THE FOLLOWING: Damage caused by open coma. b*9 &A Y acids,amoksso mM"em or bW n ng from acs of God. Damage urokle lo desct due to aulds defy Medical Ftwowom under cartage. cd d a%W". APUeK and sopemsima klspedmn of ffte ilmns is not prackal at tkw of slip nwt 6 715 1 DATE: 1d fd1py CUSTOMER 6,'-C-,4-1 ^if r6 . } PICK-UP LOCATION: A4KA15/d?R G s C7t7ow PHONE: CONTACT: DELIVER TO: P.O.NUMBER: DRNER:?hQ15 I?OGrL TRUCK# i YR MAKE MODEL COLOR VIN / (LAST EGM PRICE ' due 1 Z 3' 3 b?' 2 rD 6&5,, l q 11 ? 9 ? 3 b-L- 2EO 9- [K o ? S 4 s 6 7 ?Mcipgm 8 . r.. 9 10 SUB TOTAL , q f ` r s " - e V1 r_zz a 7 ago \ ? - TOTAL 2 7 • 3 a 4 9 5 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cell: 443-463-0604 Fully Insured [CC MC - 420720 O ° D NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open carrier,lealdng fluid ba" acid% cooling system art4reeze or fallout resulting from ads of God. Damage unable to deted due to auto's duty Mechanical Functions, under carriage. exhaust assembly, alignment, and suspension. Inspection of these items is not practical at CONTACT: A V'1 A Lm w. Nr.y....... vrcrvcrc:_ 1&--rv•.7 tf L.VR DEL REMARKS COLOR VIN If (LAST EIGH PA) LOCATION liNg M S ' 2 u` O 3 VC 1 m 4 T b 5 vi ? R 5 6 ci%m ? v4k; 1 J} i br-t% 3 -t 9 10 0 z > ? m ? E r ¢ O O Z Y z ? b O z > 6 , kk m D ° E ¢ d z r g ° = o gy m ¢ _ b 4fi?u 6 ¢ C7 b z cs :E- o m z L- I _J L. I o a ° z 9 TO 6598 , DATE: 6D Ire z > 5 CUSTOMER: -ie.c.. (( ?? (,'>C.. e-a 10 z ° ¢ o = SAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cell: 443-463-0604 Fully Insured [CC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open carrier, katug fluid ballet)' ands, ceoirg system "*eeze or fAwt resulting from ads of God. Damage ulrabte to dot due to at&$ duly Mtedra kd Fwcjo ls. older carriage. Wont assembly, aBgnment, and WSpensian. Inspection of these Items is not practical at time of shonent 7042 1 DATE: CUSTOMER-- r& Gs PICK-UP LOCATION: (.y+ - PHONE: n CONTACT /Y rte /f flex DELIVER TO: /1 L?1dE /s YLY,wS /?r?G ,? P.O.NUMBER DRIVER TRUCK: 4 1R MAKE MODEL COLOR VIN#MSTEr*M PRICE ?iI ow Irv („ b -) Y C N = I 3 4 5 7 6 7 1 1 1 1 8 - 9 10 3 N ?N SUBTOTAL-- 6 TOTAL a;p 490 4 ,-??Y 4D n , q,1-) 9 5 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured [CC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING. Damage caned by open carrier, leaf V fW be" adds, coating sysW z6fFeme or fAM mmft g fide ads d God. Damage arable to detect due to auto's ally MerhariCal FtmcbmM drier cartage, exto st assembly, akjwnad, and sd wsim Inspection d Ihese dons is not practical at time of shipment 6790 , . DATE: 1I-67Je3 CUSTOMER F-64 I"j je' PICKUP LOCATION: /d ,5? PHONE: DELIVER P.O.NUMBER. I DRIVER /,2rrk TRUCK* YR MAID: MODEL COLOR VNtW EIGHn PRICE '-- 43 0 - r /t 37 -71 Y a- 2 14 2 71 3 I y ?? I F 1 / 4 d ! O e 2 ?t 21 It l 7 6 4a ? Y 2 12- f 1 ti 11 0 9 '02- 12- 1-1 , Mo 17 1-7 13 10 SUBTOTAL e TOTAL 2 \ o 3 0 ago 4 5 \ 9 ,0 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING- Damage =mad by open canter, leaking fluid battery adds. coobv system w"em or fatioul MM M V from acts of God. Damage unable to dated due W RMS dirrty I,Iedrarycal Rwrooris, order carnage, edrarsl assemby, atigrlrnent, OW stapen=- Inspection of d,ese Roma is not practical N time d st? 6802 - • DATE: 10103 PICK-UP LOCATION: PHONE: CONTACT: DELIVER TO: VAX P.O.NUMBER: DRIVER: Ar IC TRUCK#:_q- 3 YR MWfE MODEL COLOR VIN#WEIGHT) PRICE eada E l tD <? 2 , 3 4 - 5 6 - 7 t.. 8 9 SUBTOTAL /G'D 1 6 TOTAL z ! 6 4-10 1/ 3 4 S l •? fib.. .. f ZZ" 9 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Falc 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage cawd by open artier. 6ikm5 kid ba" adds. wokq system "*eeze or fallout m aft from acts of God Damage wable b detect due to auto's duty Medwical Functions, ranter carnage, exhaust assembly, afgrmeni and suspension. kapectim of New items is not practical at Nine ds 07"t 7041 DATE: O CUSTOMER. L c,7o!peK PICK-uP LO(-ATION: _,ft.07vz l/.e /&)6 PHONE: CONTACT: /V Uc/W!Q DELVER TO: (A-h /Dig S 4!! ? P. DRIVER 13 1r-/- TRUCK#:y # YR MAID MODEL COLOR V#1 # PM Er*M PRICE I Gv '3) I,r 7 d 0 S' 6 ' 1 z 61 WewAeLb GLgo r- 11 00 11 $ t a 3 ()1 jo?Vyte)40 c 7.„ d ol k 1 3 4 00 I 8 t 4 5 6 7 8 9 70 SUBTOTAL ?(? p b 6 TOTAL /D oo 2 4D 4D 9 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cell: 443-463-0604 Fully Insured [CC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open cw. kWwq fluid battery ands, mails system anti-Greece or faw =uIkg km ads of God. Dmage made to detect due b aufds defy Med0VW Fuetioin, under rdrriage. W=9 assembly, aAgmrerx, and suspension. ke)ecdm of ftw items is rat practical at time of sh"pmenL 7052 E4! .Xe PICK-UP LOCATION: DATE: , Z Iy joi PHONE: CONTACT: YR MMM MODEL COLOR VN#QMTEUM PRICE rCS- 7 - z 2 r 2 C G A 2- 9 67 71 7 6 5- 3 4 it >k 1 F 5 6 7 8 H g - i o I SUBTOTAL v 6 \ \ TOTAL 316 G° az" CbLIL=C? J% 490 4 9 5 az" 10 P.0-NUMBER: DRNER: kik TRUCK#-. _ ? r3"810E AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 7091 DATE: CUSTOMER: (G ? Y1.Pf NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE PICK-UP LOCATION: FOLLOWING: Damage calved by open carrier, IsaW g feud ball" adds. 0x*g Tj'SWMa PHONE- CONTACT: or fallout restdq; from acts of God DELIVER TO: /? /1IN f . ?Ct Danage utreWe to detect due to adds " MedMiCal ? FuncUoM under carriage, Q?? rL exhaust assemdy, algnnlalt, and susparsicm Inspecbm of P.O.NUMBER: these items is not practical at time of shipment. DRIVER: TRUCK#: Y $ YR MAKE MODEL COLOR NN f (LASE EOM PRICE 1 db 1,11qh"oj S S 2 po V? o Z v 3 4 5 idle - 77 6 7 i 8 9 10 SUBTOTAL 1 6 \ ? TOTAL oo ` 2 7 3 8 D 4 5 9 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WALL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open prier. Iealdrg *A battery adds. cooing system a di- ave or (molt rewltir g from ads of God. Damage unable W detect due b aLIV3 dirty Me&a Kal Functions, order mriage, and susperrston. limpedian of ftw items is not practical at time of shipment 4 4 YR MANE MODEL OLOR VIN#PM EIGHT) PRICE 1 ' 1 A t b 2 2 tf f 3 I L f1 4 5 If 'i- U 1 6 7 6 - - ? I C? r 3 Z I t i g _ 321?0 Ti . - I 1 10 SUBTOTAL Q? 6 \ \ TOTAL yon- U v 7 \ 3 8 4 9 5 10 7055 -DATE: z. 413 PHONE: CONTACT: P.O.NUMBER: DRIVER: &r/- TRUCKfi: 7 BAYSI13E AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax. 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caned by open coder, Iealdrg fluid ball" acids, wft system aI"eeze or fabA resulting from ads of God. Damage unable to detect due to &Ms dirty Mediarical Functions, under carriage, exdiaust assembly, alignment, and suspension. Inspection of dlese items is not practical at time of shipment. 7058 DATE: 1Z /?•'/°3 PICK-UP LOCATION: PHONE: CONTACT: DELIVER TO. _ 5:W CE' W 401,6-:r' P.O.NUMBEFL DRIVER: I r N TRUCK#: # YR MAM MODEL COLOR VN#(LASTEMM PRICE 5 13 j 2 ti ti - J 2 3 4 5 6 7 ,. 8 F9 10 SUB TOTAL ii 1 6 \ \ TOTAL a 2 3 4 5 00 ' D 9 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open carrier. leaking fluid battery ands, ooofrg system X"eM or NW resulting from ads of God. Damage wade to detect due to auto's defy Medwicai Functim, urxler Damage, exhaust Mew", AgwneK and suspension. Inspection of Ihese items is not practical at time of Mpnerd. 7057 DATE: IL/?103 CUSTOMER: S?5? PICK-UP LOCATION: PHONE: CONTACT: nn // 'DELVER TO _I,'?e (r??i ?6i-//?{? ? S,. P.O.NUMBER: DRIVER Ai I" A- TRUCK#: # YR MAKE MODEL COU IRI VIN # (LAST W4M PRICE C 3 L 2 X Z 3 G / 3 3 4 5 6 ' 7 8 H ' i o SUB TOTAL 1 6 TOTAL a ° 2 D 3 490 4 9 5 10 ag; BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage mused by open tamer, leaking irdd battery ands, cooing system ar 6-beeze or fafaA resoling from acts of God. Damage wable to detect due to auto's dirty Mechanical Functions, under carriage, exhaust assm". alignment, and suspension. Inspection of ttle; a demf k :x» prac6W at timed shy wL 6991 o85-) t -//v Y, DATE: / VII a ! O(/5 CUSTOMER: HI PICK-UP LOCATION: f 1 rn PHONE: CONTACT: DELVER TO: ?(IrA P.O.NUMBER: DRIVER Toe & Eli (IYC r TRUCK#:?S_ i YR - MAKE MODEL COLOR VIN # OU EIGHT) PRICE - TT Lh su AR 11 x U i 3 9 9 2 2 (o V X E C G -7 of 3 " E ?5 1M t?rLlnr- f cr, ,v' rfrAA1 4- y !? t 6 C 9 z. 7 3 E l 5 _ 7 - ; is s 10 -- - - Q ..,k4clr??s r<?HCeZ SUBTOTAL t) S ,V2) Door po+16e S:ie s 5 h C11 S<= +<A es pq q c, TOTAL y D w Jcv-"kh(s Alla„cr 2 3? rc(11 edl iL Ajcrj St.?011 SCract,ig Allwf , ?- SnIEq Atnt 'In ?co•F 4 }??n cti;F ;,. c,?gSS `iraoll5e rc.ztin An e, Ye:n-FGh,?j auc,cr« 49 10 7 0 - n v ;BAYg gpE AUTO TRAM _ 5?? VOW IS pw.c410-W-2w Fa)L -0504 A43 {y cat Ft* ,cc mr, + " 420M Mona e YR "WE LaQ 2 4 115 i _. mow: ? Oe,ryER TO: P.ONU '- C1ttk pgryER mum y/1f9A?T ?? v cmm ? -7 Aga ' Q _ n b 7 ?• - _ _ ?` 9 zoz? 40 %m TOTAL b TEAL I 7 ti h.?. crvs. cxo t +. V2 .? 41c?C P y,^-Tar w'F wlak %ko-b" 49t-. „s Customees sio^awr° - --- " ` -- j;?i L ! 6826 a? p,sTOt+ ? ? e . 4no FOR F iA ts ow CpttsACT' te*" &a bo" a tanw. ywxbd wrjov lhiar?tD,?81 ° ? ?wd& • mamma n dd rd P?'+ d low is *wd 17 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open carrier, lealdng fluid battery adds, cooling system anb*eeze or fallout resiftV from ads of God. Damage unable to detect due to auto's dirty Mechanical Functions, under carriage, exhaust assembly, alignment, and suspension. Inspection of these items is not practical at time of shipment. 7329 y 13TOMFR: C? PICKUP LOCATION: rro6 DATE: 112816Y PHONE: yy? CONTACT: DELIVER TO: I%YL/N1 411 twZ ) DRIVER: Gfnr L AJ TRUCK: # YR MAKE MODEL COLOR AN # (LAST EIGHT) PRICE 1 0() u"T Sr ?t.ev /I :?I z z GoA 3- W 0 0 8 3 6U Ae,?M G a v L C 4 G.7 q?JJY,4 c o d Z 5 S Gvw l A o d 9 2 6 7 8 9 10 SUBTOTAL ° 1 6 TOTAL s li/o`{ 4 9 5 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax: 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open carver, lealung fluid battery acids, co*g system anti-freeze or (Moat resulting from acts of God. Damage anode to detect due to auto's 6rty Mechanical Functions, under carnage, exhaust assembly, afgmmem, and suspension. Inspection of these items is not practical at time of showt, 7 4 2 0 dd_ DATE: l ?D a: CUSTOMER: PICK-UP LOCATION: PHONE: CONTACT: DELIVER TO:idiT,G.. ?? ?194i?c P.O.NUMBER: DRIVER: nI TRUCK#: :z_ # YR MAKE MODEL COLOR VIN # (LAST EIGHT) PRICE I 2 I g ? ? I b? - 2 3 4 5 6 7 z? 8 SUB TOTAL { `O C f U 6 1 ?? j TOTAL 2 3? 4 $2A 5 1 G?1 49;3 49;1 10 LAW OFFICES BATURIN & BATURIN 2604 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA 17110 FLOYD M. BATURIN MADELAINE N. BATURIN MONICA E. BATURIN HARRY M. BATURIN't 'LL.M. IN TAXATION TELEPHONE (717) 2342427 FACSIMILE (717) 234-7544 M. S. BATURIN (1891-1986) tALSO ADMITTED TO THE BAR DISTRICT OF COLUMBIA April 29, 2005 Nicholas Ermolovich, Esquire Shirk & Ermolovich, LLP 115 South State Street Ephrata, PA 17522-2412 RE: E.C. Gaines Auto Transport - Bavside Auto Transport Dear Mr. Ermolovich: Our office is in the process of finalizing the proposal in connection with the above- captioned case. Accordingly, we will be immediately forwarding same to your office. Thank you for your attention to this matter. Respectfully, BATURIN & BATURIN By: HMB/jkd cc: Mr. and Mrs. Hugh R. Jones M. Harry M. Baturin 05/05/2005 09:11 FAX a VERIFICATION 1, Robert Edelstein, on behalf of Bayside Towing 8r. Transport LLC t/d/b/a Baysid?, 0002/002 Auto Transport, of which I am an authorized member, which party has authorized th:., verification to be made, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief This verification a7W statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworu falsification to authorities. I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. DATE By: /`44 '? ROBERT EDELSTEIN H:\BaysideTowingBTransport\Doeueents\Amendedcomplaint .. rtbt BAD.05 Nicholas Ermolovich, Esquire SHIRK & ERMOLOVICH, LLP 115 South State Street Ephrata, PA 17522-2412 717(733-7997 Attorney ID#73573 ATTORNEY FOR PLAINTIFF BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff VS. H&A JONES ASSOCIATED, INC. t/d/b/a E.C. GAINES AUTO TRANSPORT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2512 Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IM13ORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Nicholas Ermolovich, Esquire SHIRK & ERMOLOVICH, LLP 115 South State Street Ephrata, PA 17522-2412 717/733-7997 Attorney ID#73573 ATTORNEY FOR PLAINTIFF BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff VS. H&A JONES ASSOCIATED, INC. t/d/b/a E.C. GAINES AUTO TRANSPORT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2512 Civil Term COMPLAINT Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport (hereinafter referred to as "Bayside"), is a limited liability company organized and existing under the laws of the State of Maryland with a principal place of business located at 5709 Williams Road, Hydes, Maryland 21082. 2. Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport (hereinafter referred to as "E.C. Gaines"), is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 2 Appomattox Court, Mechanicsburg, Pennsylvania 17055. 3. Bayside, among other items, provides trucking services and transports vehicles for auto dealers. 4. Bayside provided trucking and transport of vehicles on behalf of E.C. Gaines on an open account or book account basis. See copy of book account Open Balance Report and Customer Balance Detail attached hereto and incorporated herein by reference as Exhibit "A". At the special order and request of E.C. Gaines, with all special orders or requests communicated orally between the parties, Bayside provided the trucking and transport of vehicles on behalf of E.C. Gaines on the said open account or book account basis and as shown on the invoices totaling a principal balance of Twelve Thousand Nine Hundred and Thirty Dollars and 00/100 ($12,930.00) (See Exhibit "A") and specifying the vehicle type, pick up and drop off locations and unit prices as provided to E.C. Gaines. See copy of invoices from October 30, 2003 through January 30, 2004 (23 total invoices) attached hereto and incorporated herein by reference as Exhibit "B". 6. Bayside also charged E.C. Gaines Six Hundred Nineteen and 28/100 Dollars ($619.28) for damage caused by E.C. Gaines or one of its agents or subcontractors to a vehicle transported under contract to Bayside. See copy of invoice from Frankel Mid-Atlantic Collision Center attached as the fast page of Exhibit °B". The trucking services provided by Bayside were of good quality, and the prices charged were the fair and reasonable prices for such services in the industry. 8. All transports were completed by Bayside in a timely and workmanlike manner and according to the standards of the trucking industry. 9. E.C. Gaines accepted all services without objection or complaint to Bayside and otherwise E.C. Gaines orally agreed to pay Bayside for all trucking services and vehicle damage as herein described above. 10. Services provided by Bayside to E.C. Gaines total Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), which represents the total principal balance owed Bayside in the amount of Twelve Thousand Nine Hundred Thirty Dollars and 00/100 ($12,930.00) and a damage cost of Six Hundred Nineteen and 28/100 Dollars ($619.28) as described above and after crediting E.C. Gaines for all payments and other credits relating to E.C. Gaines transport of a number of vehicles on behalf of Bayside (See Invoice No. 6589 which reflects a credit of Three Hundred Sixty Five and 00/100 Dollars ($365.00) and Invoice No.6590 which reflects a credit of Ninety and 00/100 Dollars ($90.00)). See Exhibits "A" and "B". It. The relationship of the open account or book account was that E.C. Gaines acknowledged invoices of Bayside and agreed by acceptance of both service and invoices and by law to pay all invoices and further agreed to pay a one and one half percent (1.5%) service charge per month for all accounts not paid within thirty (30) days. 12. Despite written demand by Bayside, E.C. Gaines has failed and refuses to pay the total balance owed for the trucking and transportation services in the total principal amount of Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), which represents the total principal balance due and owing after crediting E.C. Gaines for all payments and other credits relating to E.C. Gaines transport of vehicles for Bayside as well as finance charges due from March 1, 2004. COUNT I (BREACH OF CONTRACT) 13. The foregoing paragraphs are incorporated herein by reference as though fully set forth below at length. 14. E.C. Gaines has refused and still does refuse to pay the principal balance due and owing as of January 30, 2004 in the amount of Thirteen'I'housand Five Hundred Forty- Nine and 28/200 Dollars ($13,549.28), which represents the; total principal balance owed Bayside for services (in the amount of Twelve Thousand Nine Hundred Thirty and 00/100 Dollars ($12,930.00)) and for damages to a vehicle (in the amount of Six Hundred Nineteen and 28/100 Dollars ($619.28)) with credits to E.C. Gaines for all payments and credits relating to E.C. Gaines transport of vehicles on behalf of Bayside plus. 15. E.C. Gaines owes finance charges at the rate of One and One-Half Percent (1.5%) per month from March 1, 2004 for a total of Two Hundred Three 24/100 Dollars ($203.24) per month. 16. E.C. Gaines has breached the contract with Bayside by failing to provide payment to Bayside for trucking services. WHEREFORE, Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, demands judgment against Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, in the principal sum of Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), plus all finance charges at a rate of One and One-Half Percent (1.5%) per month from March 1, 2004, statutory interest and costs to date of judgment. COUNTII (UNJUST ENRICHMENT) 17. The foregoing paragraphs are incorporated herein by reference as though hilly set forth below at length. 18. In the alternative, and in the event of no contractual relationship between the 4 parties by law, E.C. Gaines accepted all trucking and transportation services as described above, which services were valuable to E.C. Gaines, without providing full payment to Bayside. 19. In the alternative, E.C. Gaines has been unjustly enriched, based on the theory of unjust enrichment or quantum meruit, at the expense of Bayside if permitted to retain the value of Bayside's services without compensation to Baysiide in the amount of Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), plus statutory interest to date of judgment. WHEREFORE, Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, demands judgment against Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, in the principal sum of Thirteen Thousand Five Hundred Forty-Nine and 28/200 Dollars ($13,549.28), plus statutory interest and costs to date of judgment. Respectfully Submitted, SHIRK & ERMOLOVICH, LLP By:?' Nicholas E lovi squire Attorney For Plaintiff Attome:y I.D. #73573 115 South State Street Date: O Ephrata, PA 17522-2412 (717) 627-0711 5:07 PIGI 01/20105 Accrual Seats Type EC GAINES Invoice invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Total EC GAINES TOTAL BAYSIDE TOWING AND TRANSPORT SERVICE, LLC Customer Open Balance All Transactions Date Num memo Due Date Open Balance 10M5/2003 8589 .00, 101302003 1,660.00 1[1182003. 6590./ 10131/2003 720.00 102342003 6783 A' 11107/2003 300.00 101252003 6787- 11092003 500:00 10272003 8485 -? 111112003 270.00 1=20D3_ 8488./ 11/1112003. 360:00. 10272003 8487- 11/112003 90.00 100012003 6714 / 111142003 340.00 10/302003 6715 / - 11/142003 - 255.00 101312003 8598 11152003 840.00 11/05/2003 7042 120=03 85.00 11/0812003 0790 11212003 1,215.00 11212003 6802 12/06/2003 100.00 11rj0W)3 7041 / 12115/2003 1,060.00 127042003 7052 / 121192003 340.00 12/172003 7091 / 01/012004 300.00 12/172003 •7055 ? 011012004 405.00 12202003 7058 01104/2004 270.00 122012003 7057 / 011042004 270.100 01/0720D4 6991 01222004 540.00 owwoo4 6826,/ 021042004 1,t100.00 012812004 7329 / Q21122004 1,250.00 o1302004 7420- a 021142004 140.00 12,930.00 Amount 2,025.00 720.00 300.00 500.00 270.00 36D.W 90.00 340.00 255.00 640.00 85.00 1,215.00 100.00 1,080.00 340.00 300.00 405.00 270.00 270.100 540.00 1.800.00 1,250.00 140.110 13,295.00 12,930.00 13,285.00 f rC? g, ti e Page 1 10•,36 AM BAYSIDE TOWING AND TRANSPORT :SERVICE, LLC 05/31/05 Customer Balance Detail Accrual Basis All Transactions Type Date Num Account Class Amount Balance _ _ EC GAINES Invoice 04124!2003 5699 Accounts Receivable 425.00 425.00 Invoice 04/2412003 8354 Accounts Receivable 255.00 680.00 Invoice 04/28/2003 3750 Accounts Receivable 85.00 765.00 Invoice 04128/2003 5145 Accounts Receivable 255.00 1,020.00 Invoice 04/28/2003 5146 Accounts Receivable 170.00 1,190.00 Invoice 04/2812003 $147 Accounts Receivable 170.00 1,360.00 Invoice. .. - •. 05/0212003 5621 Accounts Receivable 600.00 1,960.00 Invoice 05/032003 5703 Accounts Receivable 720.00 2,680.00 Invoice 051032003 5706 Accounts Receivable 340A0 3,020.00 Payment 051092003 5028 Accounts Receivable -1,360.00 1,660.00 Invoice 05/172003 5938 Accounts Receivable 1,125.00 2,785.00 Invoice 05262003 8294 Accounts Receivable 170.00 2,955.00 Invoice 051262003 5939 Accounts Receivable 680.00 3,635.00 Invoice 05/3012003 6150 Accounts Receivable 1,000.00 4,635.00 Invoice 05/302003 6151 Accounts Receivable 550.00 5,185.00 Invoice 05/302003 6152 Accounts Receivable 765.00 5,950.00 Invoice 05/30/2003 8528 Accounts Receivable 200.00 6,150.00 Invoice 05/302003 5773 Accounts Receivable 400.00 6,550.00 Invoice 051312003 8524 Accounts Receivable 275.00 6,825.00 Payment 06/0312003 048113 Accounts Receivable -275.00 6,550.00 Invoice 06/052003 6165 Accounts Receivable 85.00 6,635.00 Invoice 06/052003 6164 Accounts Receivable 170.00 6,805.00 Invoice 061132003 8540 Accounts Receivable 170.00 6,975.00 Invoice 067132003 6209 Accounts Receivable 425.00 7,400.00 Invoice 061172003 6229 Accounts Receivable 825.00 8,225.00 Invoice 06/192003 6160 Accounts Receivable 160.00 8,385.00 Invoice 06202003 8363 Accounts Receivable 380.00 8,765.00 Invoice 062020D3 8364 Accounts Receivable 85.00 8,850.00 Invoice 08202003 6220 Accounts Receivable 595.00 9,445.00 Invoice 06/272003 8366 Accounts Receivable 85.00 9,530.00 Invoice 061272003 8368 Accounts Receivable 170.00 9,700.00 Invoice 06/272003 6267 Accounts Receivable 880.00 10,380.00 Invoice 062712003 8226 Accounts Receivable 425.00 10,805.00 Payment 07/102003 5726 Accounts Receivable -6,720.00 4,085.00 Invoice 07/112003 5785 Accounts Receivable 400.00 4,485.00 Payment 071142003 5177 Accounts Receivable -125.00 4,360.00 Invoice 07/1512003- 8598 Accounts Receivable 320.00 4,680.00 Invoice 07/15/2003 8395 Accounts Receivable 400.00 5,080.00 Invoice 07/15/2003 8394 Accounts Receivable 225.00 5,305.00 Invoice 07/172003 8371 Accounts Receivable 255.00 5,560.00 Invoice 07N720D3 8370 Accounts Receivable 170.00 5,730.00 Credit Memo 07/21/2003 6319 Accounts Receivable -1,020.00 4,710.00 Payment 07222003 2200 Accounts Receivable 320.00 4,390.00 Invoice 081252003 8484 Accounts Receivable 85.00 4,475.00 Invoice 08125/2003 6485 Accounts Receivable 85.00 4,560.00 Invoice 08252003 6486 Accounts Receivable 170.00 4,730.OD Invoice 08/26/2003 6425 Accounts Receivable 500.00 5,230.00 Invoice 08262003 6427 Accounts Receivable 540.00 5,770.00 Invoice 081272003 6429 Accounts Receivable 375.00 6,145.00 Invoice 08/28/2003 6491 Accounts Receivable 250.00 6,395.00 Invoice 08282003 6492 Accounts Receivable 625.00 7,020.00 Invoice 08262003 6493 Accounts Receivable 250.00 7,270.00 Invoice 081282003 6432 Accounts Receivable 425.00 7,695.00 Invoice 09/0112003 6495 Accounts Receivable 700.00 8,395.00 Invoice 09/042003 6498 Accounts Receivable 255.00 8,650.00 ' Invoice 091052003 8443 Accounts Receivable 170.00 8,820.00 Invoice 09/082003 6436 Accounts Receivable 480.00 9,300.00 Invoice 09108/2003 6435 Accounts Receivable 250.00 9,550.00 Invoice 09/112003 6532 Accounts Receivable 340.00 9,890.00 Invoice 09/122003 8432 Accounts Receivable 85.00 9,975.00 Invoice 09/14/2003 6540 Accounts Receivable 1,400.00 11,375.00 Invoice 09/142003 6641 Accounts Receivable 200.00 11,575.00 Invoice 09/182003 6555 Accounts Receivable 900.00 12,475.00 Invoice 09/192003 6547 Accounts Receivable 80.00 12,555.00 Credit Memo 09222003 6538 Accounts Receivable -3,680.00 8,975.00 . Invoice 09242003 6399 Accounts Receivable 310.00 9,265.00 Invoice 09242003 8380 Accounts Receivable 180.00 9,445.00 Page 1 tr'ol sees-1348-01111 NI31S1303 18380d dIOtSO SO 20 unr 10:35AM BAYSIDE TOWING AND TRANSPORT SERVICE, LLC 05131105 Customer Balance Detail Accrual Basis All Transactions Type Date mum Account Invoice Q925/2003 6574 Accounts Receivable Invoice 09!252003 6573 Accounts Receivable Invoice 0925/2003 6575 Accounts Receivable Credit Memo 09262003 6372 Accounts Receivable Invoice 09282003 6508 Accounts Receivable invoice 0913012003 6511 Accounts Receivable Invoice 0913012003 6512 Accounts Receivable Invoice 101102003 6579 Accounts Receivable Invoice -? 10/10/2003. 6580 - Accounts Receivable Invoice 101112003 6712 Accounts Receivable Payment 10/152003 5420 Accounts Receivable Invoice 1011512003 6689 Accounts Receivable Invoice 1011612003 6590 Accounts Receivable Invoice 102312003 6783 Accounts Receivable Invoice 10252003 6787 Accounts Receivable Invoice 10272003 8485 Accounts Receivable Invoice 102712003 8486 Accounts Receivable invoice 101272003 8487 Accounts Receivable Invoice 1013012003 8714 Accounts Receivable Invoice 10Yd02003 6715 Accounts Receivable Invoice 10/31/2003 6598 Accounts Receivable Invoice 11/012003 6788 Accounts Receivable Invoice 11/0512003 7042 Accounts Receivable Invoice 11106/2003 8790 Accounts Receivable Invoice 111212003 8802 Accounts Receivable Credit Memo 11282003 0020 Accounts Receivable Invoice 11/30/2003 7041 Accounts Receivable Invoice 121042003 7052 Accounts Receivable Invoice 12/172003 7091 Accounts Receivable Invoice 12/172003 7055 Accounts Receivable Invoice 12/202003 7058 Accounts Receivable Invoice 122012003 7057 Accounts Receivable Credit Memo 011062004 7137 Accounts Receivable Payment 01/072004 5631 Accounts Receivable Invoice 01/072004 6991 Accounts Receivable Payment 01114/2004 Accounts Receivable % 2- Payment 011142004 Accounts Receivable /3-payment WA42004 Accounts Receivable Payment 01116/2004 6649 Accounts Receivable Payment 01/192004 Accounts Receivable Invoice 01202004 6826 Accounts Receivable invoice 011222004 7145 Accounts Receivable Invoice D122120D4 7147 Accounts Receivable Invoice 01282004 7329 Accounts Receivable Invoice Q1 /30120 0 4 x7420 Accounts Receivable 9? (o? a ----- Payment 03/082004 1234 Accounts Receivable Payment 03/0812004 5813 Accounts Receivable Payment 051172004 55915 Accounts Receivable Payment 0511 82 0 0 4 depe... Accounts Receivable Total EC GAINES Class Amount 340.00 150.00 705. 20 1 .00 345.00 295,00 75.00 1,200.00 40.00 -3,200.00 2,025.00 720.00 300.00 500.00 270.00 360.00 90.00 340.00 255.00 640.00 2,400.00 85.00 1,215.00 100.00 -340.00 1,080.00 340.00 300.00 405.00 270.00 270.00 -655.00 -1,200.00 640.00 0 180.0 -2,500. -640.00 1,800.00 70.00 240.00 1,250.00 jAn nn 2 -0-o -2,400.00 -700.00 12,930.00 Balance TOTAL 9,785.00 9,935.00 10,105.00 9,400.00 9,520.00 9,865.00 10,160.00 10,235.00 11,435.00 11,475.00 8,275.00 10,300.00 11,020.00 11,320.00 11,820.00 12,090.00 12,450.00 12,540.00 12,880.00 13,135.00 13,775.00 15,175.00 16,260.00 17,475.00 17,575.00 17,235.00 18,315.00 18,655.00 18,955.00 19,360.00 19,630.00 19,900.00 19,245.00 18,045.00 18,585.00 16,535.00 16,355.D0 15,880.00 13,380.00 12,840.00 14,640.00 14,710.00 14,950.00 16,200.00 16,340.00 16,100.00 16,030.00 13,630.00 12,930.00 12,930.00 12,930.00 12,930.00 Page 2 g•d sees-GLS-OSb W131S-13a3 12131308 ZO=SO SO ZO unf May 15 03 11.25p 1DSA Bearer Court Hunt Vaae1, MD 21060 Frankel Fed. 1.0.0 52 -1578149 p.l P11M1- 410-E67-6555 F= 490 667-BW e 25285 .. .. _ .. . - FRA11KEl CIfDum PfARac cm e.M ;.Y -1lUtAl1 MW 325 - j 2182 BODY SHOP OSE OK'f 11227 POSTEMM81 RO IGWM111415,MDZI117 • NIRYIfAR IItNli MY. 1YYMl- ?. 34M aYli.rvililYa pO?t?E1111i000RSFA1!M _ go v1lYOraRw 1299254YBrq 2989]61 Y.1fY'1 m CH138B mews mR.YVi .• ?-nwFR: f «..._..... ABLR a lw!ts ...............................«---_._-...------- --- .f/ 1 47f1C21am'IJt BOOT REPAIR 4FR EST TELHES1.m MOO im # I MX LNMM a pms It4.10 ............................ ......................................... ._...._.------- ------,_.... H 7 9sIV 22Pk fRN19! /6 afFR F 1 Na7E irmsi.571 ?59.20 an # 2 mm t1fe9R a pan 259.29 q------ ------------------------------------------------- ----------•-----------------?-- Ju9?i 2 ` pESCRH'flph .._-...---.•_-.---------° COMA p ......... .. . t110I1ETTEOltt?1 _ TOM - "M Rro 100A5------------------------- •_._• .....................?pp?p:--_--.7----------------_--..--------•--- qp? ..._ 'lQR OUCP??EF85?L11 ?iuEo t 081fR. 70EIL ob EINiI Vi A1: strefa?frsl/cc anr's.ooe I7gop. yw Tom= 1 619.28 ME CARUER WA MOU FROM All OF US AT EMMa11 fA M WOU P t7!$7dER SUiNIRIE MI OF I Sl1CIKE MI CJ7Plf I 1711. OF IMICE 1 03:%m 4105817779 SAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax. 410579-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 D 2 V p0 6589 DATE: NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING,: Damage caused by q= arrier, Makig 1Add Y a6ds, W*v system w"eem or faAoul resu" Sap aclsof God. Damage.unade to detect due to ado's dirty Mectiodcal• Functions, under carriage, exhaust assembly. arwfnent,. and suspensba. Mspection of t4se leas b not Facbm at 6me of d *nent. CUSTOMER: -E i 4 y -- DELAIM If YR mmEIMODEL COLOR VIN ? 0-AsT EIGHT) OkOCATION 1,C' 1 b 3 1 r jE 7 0 t // A 4 o vw y - . o ay v ( H V 7101 h. N A o d d7 0 Y ?? !9 a 1 71 10 fc=-- " z 1 o - z r 2 2 3 0 Z } 4 g >s ISO o z } 5 a o 4f=-9 /7,,:-" 2 } o z } ? 6 Sa S Z } 8 10 z z == 30 PHONE: CONTACT: BAYBIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410893-2500 Fax: 410-879-8383 Cep: 443-463-0604 Fulty insured ICC MC - 420720 f? G°J 2 S D 6590 DATE: b/ 8?P3 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by open cants. kalcug fhdd battery adds, cooling system w freeze or faw muting Gam ads o(God. Damage unable lodeteddue to auto's dirty Mechanical Functions. under carriage, edmust qty. ati annt, and suspension. Inspection of these items is not practical at time of shipment. CUSTOMER:_ . PICK-UP LOCATION:--- PHONE: CONTACT: DELVER TO:?? YI0?3 ,o ?? El REMARKS COLOR VIN # (LAST EIGHT) PN LOCATION 1 tM • ?•. I 1 21 1 Ae*yX J;, e X Z a a 3 q 4 I _l 2 ?f 5 L µ 7 - 7 ?r vq' B • 3 1 23 l N 9 p ? to Z As CbL-L z > 2 z 3 z CbFL 4 \ \ EQ7-?l 5 T z 6 ¢ o ? b z 7 g p z 2L 1 -1 . -1 1 . 8 z 16 Z 9 z 10 BA.YSDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cep: 443-463-W04 Fully Insured tCC AAC - 4:'472G NOTE: BAYMM Auto TRANSPORTM.LNOl'BE UAakE FOR THE FOLLOVVM' Dwmpe caused by open earda. Wft fluid be0ary adds. Cm"s9maafieeas or fdod and&V tom arts d God. weaaawadebdet d" to auk's dirty mKha d Fwctiom Oda cadage, edfa m mu". d rsnerd. and avs mdm Yepec5m d to" i is not vac" at time d d#mant 6783 1 . DATE J0--23-a3 eusTOiVM cr, 6Arn.U CONTACT: 1 :- _J1lNH°*' 8 YR MAIa: mom COLOR Vm#(L ST6IGH[) PRICE 1 4?are 11 IL ?i 11 2 k-.i 31 1 13 X 2 3 I 4 5 8 7 8 9 10 4 D t goo 49;14 490 .6 y7 3 4 5 oil QgJD14 SUBTOTAL 6 TOTAL 3 cn " 8 9 10 P.O.NUMBER DRNEft.-DLr ie- iDm r mucKt: _ BAYBIDE AUTO TRANSPORT 5709 Williams Road Hyde% MD 21082 Offlce: 410-893-2500 Fax 410-879-8383 Cep: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSM AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING DwkVa canal by ow cwV loa" *A bat" adds, conig systole an"" Of fala.?i -Timo g I MM ads d God. DamagewWobdeboddue to ows My Medn*o Rxckm under MdaA whwA amnft, dwM1K and NVU61ai. kopecka d tMe items b not prackd at 61sdm9pment. 6787 - DATE: 111 ZS?-,!73 CtJSTOMER:?^ C. t?9.efii?8 ' PICK-UP LOCATION: YOrk ?????? PHONE: y CONTACT: DELVER T I: L- .. ! i P.O.NUMIBet / DRIVER: lJlt z { TRUCK*_ I I I YR I V AM I MOOR. I COLOR i V11,1110 TtIG" I PRICE I d® 91 of 10 4 9 4i;p `. a3 2 SUBTOTAL I (109 a TOTAL. I COD a 4 9 /]:" 5 118 / coz3m ewbw BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes. Maryland 21082 410-893-2500 8485 Su C . - PER 1 01RE 10 la . L . m- FROM AJAXO ? A TO Id Eta ?r2 4?? rr\ P) YEAR { YEAR 1? Lt YEARV dv YEAR . MAKE MAKE MAKE MAKE .a MODEL aL 4^ MODEL v MODEL MODEL COLOR DOLOR COLOR COLOR C-:;, vree n V i v STOCKS %ci 1 I STOCKS STOCKS s STOCK: s 3 ?a ti (Z VMS VMS VII VMS X l >5 ? 1 to ?g TRUCK DRIVER TOLLS - T I '-V? ?C (s TOWING CHARGE 970 COMMEKTS MILEAGECHARGE ` II II 5TORAGE(£ -- a p , --:: JJ o r - TOTAL BAYSIDE ARO MSPON 8486 ?? °?? 5709 Williams Road Hydes, Maryland 21082 410-893-2500 I Bu M GATE. -? you j TO \T-cep lL i c? Mp,. k,#, vv, 14(^ YEA YM YEAR YEAH Oo b o a. 61 1 rr= d ?N Sew` MAKE UMM ?OM „,? mom mom Co op "Mm'p : vo- (onjp ICaki6J-VV- COLOR COLOR s; lv eY STOCK. -sroace w,s VMS vzlliol TRUCK DRPAR 11'I -T-l CA.--, s ti COM ENTS IV-?c;? 71 ?aR -\~ STOCK= STOCKS vaiS gs ?q 1,912 61 VMS 1.2cw Tour TOMIGCNU%GE 3G? MKEAMCkARM STORAMCMAM - BAYSIDE AUTO TRANSPORT 5709 Williams Road fiSM Hydes, Maryland 21082 410-893-2500 BILL SC, . FROM YEAR YEAR 15? C, I MAKE Mace MODEL 3 ov "DUEL COLOR COLOR t STOCK vwN D I s'3 $" 3 MNI ,- R1....j? ! / ORNER j Yys Q ? t b L b ? I,'?i 8487 PER WE } to TO ?C)?'^ITJ 1rQ . YEAR YFNt MMO: MAKE COLOR C" STOC" Stoc vlne vets TOLLS TOwmaimm i? MILEAGECHAIM STTXtAGE,w;M - Y0 00 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Mr. 410-893-2500 Fax 410-879-8383 Cet 443.463-0604 Fuily Insured ICC MC - 420720 NOTE 9AYSIDE AUM TRATSPORMLNM BE LIABLE FOR THE FOLLOWING- Damage caned by qm cenief, lapdog ddd battery adds, ?9 syskm anf+ieete or fallout "Ang from ads of cod Da epwi Webddeddua to adds " tAeohanioat Fundiona, under cartage, adwid am". apww" , and suspanion, knpedion Of these Items Is not practical at time of aunt. 6714 PICKUP LOM'M*t DATE10/3e?d3 PHONE: CONTACT: oUMMTO..eff&g A 5 P.O.NUMWR DRIVER:_ , NfL S TRUCK: i YR MAKE MOtffiL COLOR MNt(IASTEDM PRICE ir. ?t2o r e t y 11 q 2 4 ur tea c (C G q .2 2 j 4 `rte O ?.v /?E - F? z 0 et d 5 6 ?s 7 0 B 9 10 49V 493 1 tip ?C?\ 2 3 49 t 4 4 4 4 SUB TOTAL p ' 6 TOTAL z 9 6 t0 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 CeA: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: SAYME AUTO TRANSPORTVALL NOT BE UABLE FOR THE FOLLOVMG: Damage caised by cM caAe . k#tg &M Y adds. aaoigsy*M x"eeze or NO LA M900 km am d God. Dwop aaWladelodds? b aaws dilly Medadcal Facti , wow cartage, w6wd assMW. d aad susPens n twedim d these am k not pacrinal at finedAwet 6715 i DATE: Id fd1 3 OJSTOME,;- s P1M4JPLOcAT10N:1txu/[.AQ4R E .G7T4? PHONE: CONTACT: C3+T? . DELIVER TO, P.O.NUMBER DRNER:dbg!!5 TRUCKt s YR MAKE MODEL COLOR vaasMsrtxltty PRICE ' Limos t,~e. I B z 3' 3 8 z 1 s b 2r `}? 2?? 2 1C p !v S 4 '5 6 o 8 9 10 SUB TOTAL t WV a i TOTAL j az " 2 7 i 3 a 4 9 i i 5 to i , SAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893:2500 Fate 410-879-8383 Cell: 443-163-0604 Fully Insured ICC MC -420720 D Mom NOTE: SAYSIDE AUTO TRANSPORTWILLNOT BE LIABLE FOR THE FOLLOWING: Damage sated by apsm cwie . Iexldng M bWery arias, cooing ayskm xo*eeae or WW seaft9kom afcts ofCad. Damage usable to dated due to ado's dirty Mechanical Fandions, ender carriage. afted assembly. aligm ant and sssspenston, kq*cbm d these Items is not pracGpl at time of d*y" 6598 ? ( DATE: ID t r, CUSTOMER.. G. 1>4:?N'Le8 PICK-UP LOCATION.GWAM a? ? • A • ? ? DELIVER CONTACT: I,( y Q z 3 Z E 4 } 5 azy z r L L. J -.I 8 2 r 9 III lilad I I 10 2 7 w1a z cc a SAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE BAYSIDE AUTO TRANSPORT WILLNOT SE LIABLE FOR THE FOLLOWING Damage caused by opee car br l dit SO bat m adds,aoafn9alVw"*9W or taAoiit iesi q trap ads d cod. Danage unabb b ddBaddie to ado's dit Media*d F=dom, Wft caidage, exhaust amft, d6gniieid, and UMMSWL InspeGimi Of these items Is not practical at ame of shipment. 7042 t . DATE: ///1` O3 PICK-UP LOCATION: &ahjde PHONE: CONTACTA1r,1r14Jq_-9 DELNER To: Au or Iz74w ?r P.O.HUMBER: DRNER: TRUCK# I# 1 YR I MAKE I MODEL I COLOR I NN#WEi6Ht) I PRICE . I 10 4 9;Y4 490, 49-47?- 4 ;Q 4 ago 49 S Q90 SUB TOTAL 6 _1 TOTAL T 9 10 6790 DATE: tl-G ?3 BAYBIDE AUTO TRANSPORT rtm BAYsDE Awo CUST°MEx--EjCi XV4. t IPANSPM UABLE WILL NOT PICK-UPwG+TIMI: 5709 Williams Road Hydes, MO 21082 FOLLOVUtNC. ? ??,?? ? Damage caused by open office: 410-893-2500 caft W&V *A beftefy Fox 410-879-8383 e*KadMTI*n' PHONE: CO ACT: or fdM mo ft 6om acts d / Cep: 443-463-0604 cod. DELW-R To:?' ??? rV/?'i= Da;nagewkWebdeMCtdoe / Fully Insured b adds ddy Media *g V?? ICC MC - 420720 ft" suspension, poe of P.O.NUMBER __ t Ord item is not pracomf at k gmeofd*nent DRIVER TRUCK* rr, _ 0 YR MAW mom COLOR VMtQ BGM PRICE N 1 3 IAJ I H I If I It IF I I I IA I its IAII I I I I... ti 6I/ 49;3 49;v 4;Q 49; 49--fu t \?1 p a 2 r SUBTOTAL 49; 6 TOTAL /497 7 4 / e 5 ? 10 BAYSIDE 4UTO TRANSPORT 5709 Williams Road Hydes. MD 21082 Office: 410-893-2500 Fax 410-879-8383 cd.. 443463-0604 Fully Insured ICC MC -420720 ti YR MAKE 1/) 1 2 3 4 5 6 7 8 9 10 SAYSIDE TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING. Damage caused by span adds.ooolfg"*MX"eM or bW oest"k m ads d God. DmmV mvbk M d*d&m ID Dubs dirty w&micd Fuiclom uder cada91 amust assembly, abgrmera. and suspwSwL Im"Coon of Mass Poems is not practical at ameoFsMp " Q 9 t ?z \ 3 4 5 6802 - . DATE: 10103 h C? A. • Q;?; SUB TOTAL ?Ga a TOTAL 7 a 9 10 PHONE: CONTACT: P.O.NUMBM- DRIVER ?r k . TRUCKS:-V- COLOR VN#WEQM PRICE BAYSIDE AUTO TRANSPORT 5709 WitGams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410.879-8383 Ceg: 443-463-0604 Fully Insured ICC MC - 420720 MOTE: BAYSIDE AUTO TRANSPORT WU NOT BE LIABLE FOR THE FOLLOMNG: Damage Caused by open cads, kakmg &W baby adds. cooing"dw adFlreeze or b w reaft iron ads d God. Danage m*h f a detect due to aws d'aty Alecba td Func6ms, abler Cariege, Faust assembly, 247anad, and auspWalom kepec5m of ftm dems is not pac9pl at dmedd*nenl. 7041 PICK-UP LOCATION: DAM .,/1/3 PHONE CONTACT*. v / ulpk / DEUVER TO* ?r lbo s .-? DRNER /J trF- TRUCK# Y f YR MAKE MODEL COLOR VIN#C STEIGHTI PRKE "._ 1 av '3? ?' ,v o r c ". 2 61 MWACAe-U GtKo 8 ( a 3 1 3 4 ?' I 8 4 5 5 ; 7 L 10 SUBTOTAL 1 6 TOTAL /L n z az" az" a 5 Ila )7 i 7 9 10 -BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cet: 443-463-0604 Fully Insured ICC MC - 420720 7052 DATE. , &I o-a tam. BAYSIM Auro ,..w.,r .?..??.,..?. TRANSPORT V41LLNOT aE tlABLE FOR THE PICK-UP LOCATM 6, vIS F%LOWNQ N DmMe ca by - JtI? / t CI??GS . adds c?RigsYbeaze PHONE: CONTACT: or fatal resAV hm acts of _ God. . DELNER TO, Damageueable to deteddue to aUCts d:tlf M%hXiiCd Fm* m order mft eftust assemby, 81 m K and suspensim kgmdm of P.O.NUMBER: ft" Rams is not pry at lknedsh*mM DRNER L/jyjk TRUCK: _ i YR MAKE MODEL COLOR 1BNi(I.ABTEK,RM PRICE ?.t ?-I L11 -7 g 2 Lk I G G 715-612 3 2 3 4 N F 5 6 7 8 _ I 9 10 SUBTOTAL o 1 6 \ \ TOTAL 3 4 K3 az" 49;y 4 9;1Y 4 \ q 7 9 5 10 -SAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 4110-893-2500 Fax 410-879-8383 Cell: 443.463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT 1MUL NOT BE LIABLE FOR THE FOLLOMN0: Damage cause<t by oxen ca ft leaking #A batter sciftooft"Sksow kwe or bW n uft *cm ads d God. DemagetaMWD dated dM Fw0wok under caft% odwag assembly, a6pwIt, Wd awlpen*m kepedfai d two items is not practical at tmedg*m t. 7091 , DATE: f/ LA L9 cusTOMER:? ? L,or»P? FLACK-UP LOCATIO1V: 1&4x PHONE: CONTACT: DELIVER TO _ ,e P.O.NUMBER_ DRIVER:_4rr-rr TRUCK# Y g `!R WJM MODEL COLOR VINe(IASTFJG1fI) MCE db E 2 p' (N o 2 3 4 r'1 ?i de 5 6 7 t? 8 9 10 - - SUBTOTAL ?Op o 1 Q92-, . e TOTAL ?ao s 4 7 a 3 a D 4 g S 10 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Mr. 4IM93-2500 Fax 410-879-8383 CeR 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT W LL NOT BE LIABLE FOR THE FOLLOWING: Damage caused by WM carder, kftq Add battery aft M" "ftm a or WmA ma ft iron aft d God. WDW enable todeled due b SAD 3 ddy Medo*d Functlat3, mAw catfage e>dau& arse". digm K and 3MSpMftL kMet t d #me Mems b not WackM at Aare d3NptttettL 7055 ' • DATE: L/ -1103 0 YR MWE .MODEL cmm mtg:ASTamm PRICE i J 06 2 ti h 3 j b 1} a 5 s } 11 -JILL 6 G 11 7 II A g Z 113 10 SUBTOTAL t 0 TOTAL , 54 3 M1I a ? a [C=Y)7 s yo'rZ_ 7 9 10 PHONE CONTACT: P_O.NUMBEFL ORIVER:_&v-? TRUCK: 7 BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Oiflce: 00-893-2500 Fax 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT WILL NOT BE LIABLE FOR THE FOLLOWING: Damage WMW by open cooler, bdit AN bAn adds, ooo4g system w"eem or taW reaft ban eds.d God. Damage urcabte b ditd due b auW3 dsty Meduxxal Fwdons, wdw cordage, exhaust assembly, arovionl, V4 suspension. Mspecbm d these gems is not p mkal at tmedahoMt ?058 DATE tz/?./a3 PICK-UP LOCATION: PHONE // CONTTACT: DELIVER M-:9 ce,d&Z /?r_4yi;r-' P.O.NUMBER_ LL DRIVER- _,/ V N TRUCKP i YR MAIM MODEL CMOR 11e1/ILASTEIGFtq PRICE - 1 e y z 2 it 2 i 3 4 5 6 7 8 I - SUB TOTAL a P 1 g - \ TOTAL a -7 • 2 Q9 3 4 5 9909 10 SAYSiDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office. 410-893-2500 Fax 410-879-8383 Ceo: 443-463-0604 Fully Insured ICC MC - 420720 NOTE BAYSIDE AUTo TRANSPORT WILL NOT BE tJABLE FOR THE FOLLOWING: Damage caeed by apse carrier, baking fkid be" adds. eoa40 system anfrheeas Of Mod rem ft from ads of God. Dan puabbtodateddw b NW3 duty Medo*d Rwxbom. Winer cordage, wftd assor ". dpneK and stMen WL hupecdon d ttase Ibms b not Fee" at am dsMpmertt. 7057 • DATE: IMzol°3 CUSTOMER G Z.6 I A wJ PICK-UP LOCATION„ PHONE CONTACT: TO--E(,,,-)-e, ?z?/ ?s, , 'DELIVER TO:?/, ' l?' P.O.NUMBERc__ DRIVER -r-A- TRUCKt # YR MW MODEL COLOR W, # W EIG M PMM , ? ?? '• 3 2Gs ? 2 ?t h 8 744* 3 fr' 3 10 SUBTOTAL 6 TOTAL J-7D CIP /127- z 3 A 9 Y \ u s ,o BAYSIDE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 4110-893-2500 Fax 410-879-8383 Cen: 443-463-0604 Fully Insured ICC MC - 420720 6191 o 857c /y DATE: NOTE: BAYSIDE AWO TRANSPWLT WILLNOT BE LIABLE FOR THE FOLLOWING: Damage ea *W by open carrier. kalcYig Add b*" adds, w ft sy*M an"eeaa or taftd reaftV from 9M of God. 0am2gem1ble to detect due to auto's drty fthardcal exhaust asser", dfgmerrt. and suspension. kepedw d them terry Le. xG prachcaf at tined shipment PICK-UPLOCATION: ? " 6,4-Az, RQIQU PHONE CONTACT: DELVER TO: xrvsd P.O.NUMB?ER: (? ORNER: 1 ro LT. ? "" c t= / wCr r TRUCK# f YR. MAID: MODEL COLOR VIN# SEEIGFM PRICE --- f Lit 5 r a In tv L4 to IJ 3 1 9111 Z L? 2 r C l X C 3 3 Cry fM r.LL<r /? 2- 7 4 i r^ <t V' I Q 5 6 Z. 7 l s ? %,.,-I c Qb in kcal SUB TOTAL J yd Door A?+_$ 6 S ..ertesAgwer TOTAL az" :5ck,- h(-- ?Ilavtr 2 5r+pll 5,.'i c, q R:,,,.t S-'rdckts Allwt % Atnt }a Rco•,C Zo:i Uj44 & r, A (L, 01I 6t f0c%Os Ar f?e?v<SS'SS 'SS n+tw.es a161CV /I ny o ? - D v 10 BAYSIDE AUTO TRANSPORT mm- sA sm m 6709 wimam Road TRANSPOR IABLE FOR THE LI kiydes, rrlo 21082 D by qW Olfieer410-893. anb bdit Sid Way Fax 410.8784383 scickoOtingslsleole"Ilim y) Cet 443-463-OW or UM 0 - 1p1 km axi<d w ? `? D?mgMuadbbddddu ?} iURy k3Md to edge ft liiptbWW ICC MG 1 f` 4, dpww& to" h of hr iems b od pa - d *adtldpnat t YR w1KE MWEL 68;26 s DATE: Cl/SfOA??,??,? • . .?• ?e elf PHONE: OOKrACr* DELIVER TO.?.?.?l?v- DRIVER \\\?? TRUCKS colon I VNIlowesm I PFUCE 2 "N 0• 3 ,0" F00.o r en .ti r -tcsL.tti a?t? 'F. i 9 g. ?I 4 3 _ _ s 14G, I FO" * ab sxs _ 4 4 10 lom I k[xxt,. I L ivy 9R;? 04 try Y . t,em& S1JOta7 a CX0 bk0j6. 1tooP eACttar (WC-kEA ,tXX ?s.? w4olt .?. %?? tbA.- OlXe1 ?? Customers Signature SUB TOTAL. M T Q 1a 10-OU 4 %kotlo U Date G? Z you 'jiil '? % BAYSIDE 7329 DATE: flz?IoY AUTO TRANSPORT NOTE: BAYsiDE Auro CUSTOMER: ?G1 Cotrnex 5709 Williams Road LIABLE dR NOFr THE PICK-UP LOCATION: Hydes, MD 21082 FOLLOWING: Damage caused by open Office: 410-893-2500 c anler, %ftV 1o b y Fax: 410-879-8383 8*i3ww0kQ 5Y*'n PHONE: CONTACT- law readgng from ads at or Call: 443-463-0604 d. DELIVER TO: Damagau?blalodeLactdua FuW Insured to auto's ddy MechaMcal ICC MC - 420720 Fundians, under eacdage• and mi and suspension. Inspeclbn of P.O.NUMBER:_ ftse Ilan Is not pra §W at fine of shonent. DRIVER: hat L A) TRUCK: s YR IMJ(E MOM COLOR VMw PSTEK,' M PRICE I Q O W St Gvty ! J 0 2 "V' g 0 Ok It 3 dU b G C 4 6v AWrA 3• y t a s Z o ILI l s i 7 8 9 do a 9 nzy# 1 ° SUBTOTAL s TOTAL 2Z 7 49;Y14 4 9 5 10 BAYSIOE AUTO TRANSPORT 5709 Williams Road Hydes, MD 21082 Office: 410-893-2500 Fax 410-879-8383 Cell: 443-463-0604 Fully Insured ICC MC - 420720 NOTE: BAYSIDE AUTO TRANSPORT VYILLNOT BE LIABLE FOR THE FOLLOWING: Damage reused by qm rdrier, leaking NO battery adds, owB q "dom s or faW restA6ng from ads of God. Damage unable to detect due to autds drty Medladcal Fwaws, under cordage, edraust assembly, aBgrsnent and vAw4al. IrMeWw of these Items Is not padical at one of shipment 7420 DATE; la) o' CusroMER: _-cG: 6- PICK-UP LOCATION: !!'LG4Ai?t/w PHONE CONTACT: DELIVER TO:Yrlw.. P.O.NUMBER:_ DRIVER: -MAP Ix TRUCK # _ # YR MAIM MODEL COLOR VN#gASTFIGHI) PRICE t 2 1 Gi? i b? 2 3 4 5 6 7 8 9 10 49;47t 11 i /-f,_.V,1 N SUBTOTAL t Vd re e TOTAL 7 0 9 10 H:\BaysideTowing\DocsWttyVerif.Permission .. mbt g. 10.05 VERIFICATION I, Nicholas Ermolovich , Esquire, of Shirk & Ermiolovich, LLP, verify that I am an attorney for the Plaintiff herein and that I have the permission of the Plaintiff to sign this document on their behalf. I further verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to sworn falsification to authorities. Nicholas Ermol ich, quire Attorney for Plaintiff Attorney I.D. # 73573 115 South State Street Ephrata, PA 17522 (717) 627-0711 DATED: W-'Ia-?? CERTIFICATION OF SERVICE I hereby certify that on this 10th day of August, 2005, I served a copy of the Amended Complaint in the above matter on the person/s and in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. No. 440. Service by regular first class mail, addressed as follows: Shane F. Crosby, Esquire Fenstermacher and Associates, P.C. 5115 East Trindle Road Mechanicsburg, PA 17050 SHIRK & ERMOLOVICH, LLP By:--'????? Nicholas En ovi squire Attorney for Plaintiff Attorney ID # 73573 115 South State Street Ephrata, PA 17522 (717) 627-0711 m c. r u: q -J-1 "? .D N - U 1 J 7 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02512 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAYSIDE TOWING & TRANSPORT VS H&A JONES ASSOCIATED INC T SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon H&A JONES ASSOCIATED INC TDBA EC GAINES AUTO TRANSPORT the DEFENDANT , at 1005:00 HOURS, on the 13th day of June , 2005 at 2 APPOMATTOX MECHANICSBURG, PA 17055 by handing to AUDRA JONES, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs; Docketing 18.00 Service 5.18 Affidavit .00 Surcharge 10.00 .00 33.18 Sworn and Subscribed to before me this .Lo = day of 1ooS? A.D. So Answers: R. Thomas Kline 06/14/2005 SHIRK & ERMOLOVICH Ptothonotary BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff V. H & A JONES ASSOCIATED, INC t/d/b/a E.C. GAINES AUTO TRANSPORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-2512-CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant, H & A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, by and through its attorneys, the Offices of Fenstermacher and Associates, P.C., and files these Preliminary Objections to Plaintiffs Complaint as follows: 1. Preliminary Objection Raising Legal Insufficiency (Pa. R.C.P. 1028(a)(4)). 1. Pa. R.C.P. No. 1028(a)(4) permits preliminary objections for legal insufficiency of a pleading (demurrer). 2. Count II of Plaintiffs complaint purports to set forth a cause of action for unjust enrichment. 3. According to Plaintiff's complaint, the relationship between the parties was based upon an agreement between Plaintiff and Defendant for the trucking and transport of vehicles by Plaintiff on behalf of Defendant on an open account or book account basis. 4. Pennsylvania law is clear that the doctrine of unjust enrichment is inapplicable where the relationship of the parties is based upon an express agreement. Birchwood Lakes Community Assn, Inc. v. Comis, 296 Pa. Super 77, 442 A.2d 304(1982). 5. Accordingly, Count II of Plaintiffs complaint is legally insufficient and should be dismissed with prejudice. WHEREFORE, Defendant respectfully requests that Count II of Plaintiff's complaint be dismissed with prejudice. II. Preliminary Objection Raising Insufficient Specificity of Plaintiff's Complaint (Pa. R.C.P. 1028(a)(3)) 6. Defendant incorporates herein Paragraphs 1-5 above as though set forth at length. 7. Pa. R.C.P. No. 1028(a)(3) permits preliminary objections for "insufficient specificity in a pleading." 8. Pa. R.C.P. No. 1019(a) requires that the material facts on which a cause of action is based shall be stated in a concise and summary form. 9. This rule requires that the complaint give notice to the defendant of an asserted claim and synopsize the essential facts to support the claim. Krajsa v. Keypunch, Inc., 424 Pa. Super. 230, 622 A.2d 335 (1993). 10. In addition, Pa. R.C.P. No. 1019(f) provides that averments of time, place and items of special damage shall be specifically stated. 11.To determine if a pleading meets Pennsylvania's specificity requirements, a court must ascertain whether the facts alleged are sufficiently specific so as to enable a defendant to prepare its defense. Smith v. Wagner, 403 Pa. Super. 316, 588 A.2d 1308 (1991). 12. According to Plaintiff's complaint, the relationship between the parties was based upon an agreement between Plaintiff and Defendant for the trucking and transport of vehicles by Plaintiff on behalf of Defendant on an open account or book account basis. 13. Plaintiff's complaint avers that Plaintiff maintained a running book account of all debits and credits for services provided to Defendant by Plaintiff, and that the services provided to Defendant total $13,549.28, which represents the total balance owed to Plaintiff, including a damage cost of $619.28, after crediting Defendant for all payments and other credits. Plaintiff also claims that Defendant owes finance charges in the amount of $203.24 per month from March 1, 2004, but it is unclear whether these charges are included in the $13,549.28 total. 14. Plaintiff failed to attach as an exhibit to its complaint a copy of the book account, and Plaintiffs complaint fails to specify in anyway how the charges claimed to be due and owing are made up. 15. Instead, Plaintiff's complaint references 16 invoices dating from October 30, 2003 to January 30, 2004 attached to the complaint as Exhibit "A." 16. However, Exhibit "A" includes a total of 23 invoices, dating from October 15, 2003 to January 30, 2004 totaling $13,740, and an estimate from Frankel Mid Atlantic Collision Center in the amount of $619.28, for a grand total of $14,359.28. 17. Moreover, two (2) of the invoices attached to Plaintiff's complaint under Exhibit "A," which total $2,340 are made out to A + M Motors and A + M Auto sales, not to Defendant. 18. Proper pleading in an action on a book account requires the pleader to attach a copy of the account to the pleading, and the account must be more than an unintelligible list of figures, but must be clear and definite charges, not lumped but itemized, showing the nature of the transactions. C-E Glass v. Ryan, 34 Beaver 179, 70 Pa. D. &. C.2d 251 (Pa. Com. PI. 1975). 19. Furthermore, Defendant is entitled to greater specificity than a lump sum recitation of damages. General State Authority v. Lawrie and Green, 356 A.2d 851 (Pa. Cmwlth. 1976). The lumping of charges is improper in complaints for contract actions or in assumpsit because the defendant is entitled to know how the charges are made up. Yanko v. Donaldson, 65 Pa. D. &. C. 341 (Northampton Com. PI. 1948); Urbanus v. Turowski, 14 Pa. D. &. C. 546 (Luzerne Com. PI. 1930). Items of credit must be listed. Hood Rubber Products Co. v. Quality Tire Co., 9 Pa. D. &. C. 416 (Luzerne Com. Pl. 1927). 20. Plaintiffs complaint clearly fails to apprise Defendant of how the charges are made up. Among other things, it is unclear exactly what amounts Defendant is alleged to owe and for which invoices, how payments by Defendant were credited, what other credits were given, the total amounts credited to Defendant's account, and how finance charges were calculated. 21. In addition, Plaintiff's complaint fails to specifically set forth the nature of the relationship between the Plaintiff, Defendant and the Defendant's customers, as well as the duties the respective parties owed to one another. 22. Finally, Plaintiff has failed to plead any facts to support its claim that Defendant is liable to Plaintiff in the amount of $619.28 for a damaged vehicle. 23. Plaintiffs complaint clearly lacks sufficient specificity to apprise Defendant of the issues to be litigated, to allow it to adequately prepare and assert defenses to Plaintiff's allegations, and to identify and join any potentially responsible parties as additional defendants. 24. Plaintiffs complaint is sorely deficient and undeniably fails to meet the fact- pleading specificity requirements of Pa. R.C.P. 1019(a). 25. Defendant will be unduly prejudiced if it is made to answer Plaintiff's complaint. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs complaint with prejudice, or, in the alternative, order Plaintiff to amend its complaint to plead with more specificity. III. Preliminary Objection Raising Failure to Conform to Law or Rule of Court (Pa. R.C.P. 1028(a)(2)). 26. Defendant incorporates herein Paragraphs 1-25 above as though set forth at length. 27. Pa. R.C.P. No. 1028(a)(2) authorizes preliminary objections for failure of a pleading to conform to law or rule of court. 28. Pa. R.C.P. No. 1019(1) provides that when any claim is based upon a writing, the pleader shall attach a copy of the writing, or if the writing is not accessible to the pleader, it is sufficient to so state, together with the reason, and to set forth the substance in writing. 29. Plaintiff's complaint is based upon an open account or book account. 30. Plaintiff failed to attach the book account to its complaint or to set forth the reason why the same is not accessible to it, together with the substance thereof. 31. Pa. R.C.P. No. 1019(h) provides that when any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written. 32. Plaintiffs complaint alleges that Plaintiff, at the special order and request of Defendant, provided trucking and transport services on behalf of Defendant on an open account or book account basis. Plaintiffs complaint also alleges that Defendant agreed to pay all invoices and further agreed to pay a 1.5% service charge per month for all accounts not paid within 30 days. 33. However, Plaintiff's complaint fails to state whether the agreement between the parties was written or oral, and if written, to attach the writing as an exhibit to the complaint. 34. Pa. R.C.P. 1019(a) requires that the material facts on which a cause of action is based shall be stated in a concise and summary form. 35. As set forth more fully above, Plaintiff has failed to plead the material facts upon which its claim is based. 36. Plaintiff's complaint clearly fails to conform to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests that Plaintiff's complaint be dismissed with prejudice, or in the alternative, that Plaintiff be ordered to amend its complaint to comply with the Pennsylvania Rules of Civil Procedure. Respectfully Submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: John R. FensterrrbNher Supreme Court L"29940 Shane F. Crosby Supreme Court I.D. # 92530 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Defendant Dated: ZZ CERTIFICATE OF SERVICE ?1- AND NOW, on this day of July, 2005, I, Shane F. Crosby, Esquire, hereby certify that I have served the foregoing Defendant's Preliminary Objections to Plaintiffs Complaint, by mailing a true and correct copy by regular mail, addressed as follows: Nicholas Ermolovich, Esquire Shirk & Ermolovich, LLP 115 South State Street Ephrata, PA 17522-2412 Attorneys for Plaintiff FENSTERMACHER AND ASSOCIATES, P.C. By: C? Shane F. Cron ? r? ''t1 L? a`.> i1 --1 C--. T? ?1 } ? 'r ? s^-' `?i -? f?? t> y> , .L ? r, V H:\BaysideTowing&Tmnsport\Documents\SubstituteVerific...sjf 8.19.05 Nicholas Ermolovich, Esquire SHIRK & ERMOLOVICH, LLP 115 South State Street Ephrata, PA 17522-2412 717/733-7997 Attorney ID#73573 BAYSIDE TOWING & TRANSPORT LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff vs. NO. CI-05-2512 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2512 Civil Tenn H&A JONES ASSOCIATED, INC. t/dib/a E.C. GAINES AUTO TRANSPORT, Defendant PRAECIPE TO FILE AND SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly file and substitute the attached Verification ofPlaintiffwith the attorney Verification filed with the Amended Complaint in the above-captioned matter. Respectfully Submitted, SHIRK & ERM.OLLOVICH, LLP By:i"? oc_ Nicholas E o vich, Esquire Attorney For Plaintiff Attorney I.D. #82249 115 South State Street Ephrata, PA 17522-2412 DATED: (717) 627-0711 l NO. 05-2512 Civil Term CERTIFICATION OF SERVICE I hereby certify that on this r *day of le, 2005, I served a copy of the foregoing Praecipe to File and Substitute Verification on the person and in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. No. 440. Service by regular first class mail, addressed as follows: Shane F. Crosby, Esquire FENSTERMACHER AND ASSOCIATES, P.C. 5115 East Trindle Road Mechanicsburg, PA 17050 SHIRK & ERMOLOVICH, LLP By: Nicholas Ermoloiich, Esquire Attorney For Plaintiff Attorney I.D. #82249 115 South State Street Ephrata, PA 17522-2412 (717) 627-0711 n:\doc\BaysideTowing\Does\Verification.Edelstein .. mbt B.11.05 VERIFICATION I, Robert Edelstein, on behalf of Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, of which I am an authorized member, which party has authorized this verification to be made, have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. DATE l/ _? By: dZS ROBERT EDELSTEIN c-'? ?? 4 -OSt3 W =ms=s; . t1 vin ?? 1 7? _?1 G? ?? CJ? BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff V, H & A JONES ASSOCIATED, INC. Vd/b/a E.C. GAINES AUTO TRANSPORT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-2512-CIVIL TERM JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW comes Defendant, H & A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, by and through its attorneys, the Offices of Fenstermacher and Associates, P.C., and files these Preliminary Objections to Plaintiffs Amended Complaint as follows: 1. Preliminary Objection Raising Legal Insufficiency (Pa. R.C.P.1028(a)(4)). 1. Pa. R.C.P. No. 1028(a)(4) permits preliminary objections for legal insufficiency of a pleading (demurrer). 2. Count I of Plaintiffs complaint sounds in breach of contract. 3. Count II of Plaintiffs complaint purports to set forth a cause of action for unjust enrichment. 4. According to Plaintiffs complaint, the relationship between the parties was based upon an express agreement between Plaintiff and Defendant for the trucking and transport of vehicles by Plaintiff on behalf of Defendant on an open account or book account basis. 5. While the Rules of Civil Procedure permit pleading in the alternative, Pennsylvania law is clear that the doctrine of unjust enrichment is inapplicable where the relationship of the parties is based upon an express agreement. Birchwood Lakes Community Assn, inc. v. Comis, 296 Pa. Super 77, 442 A.2d 304 (1982). 6. Accordingly, Count II of Plaintiff's amended complaint is legally insufficient and should be dismissed with prejudice. WHEREFORE, Defendant respectfully requests that Count II of Plaintiffs amended complaint be dismissed with prejudice. Respectfully Submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: John R. Fenstenn her Supreme Court I.D. 0 Shane F. Crosby Supreme Court I.D. # 92530 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Defendant Dated: C'S z .l b`-- CERTIFICATE OF SERVICE i AND NOW, on this day of August, 2005, I, Shane F. Crosby, Esquire, hereby certify that I have served the foregoing Defendants Preliminary Objections to Plaintiffs Amended Complaint, by mailing a true and correct copy by regular mail, addressed as follows: Nicholas Ennolovich, Esquire; Shirk & Ermolovich, LLP 115 South State Street Ephrata, PA 17522-2412 Attorneys for Plaintiff FENSTERMACHER AND ASSOCIATES, P.C. By: Shane F. Crosby O ? _ T cn CD T? =r 'I1 rn 1__% LD _ n BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff vs. H&A JONES ASSOCIATED, INC. t/d/b/a E.C. GAINES AUTO TRANSPORT, : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2512 Civil Tenn NOTICE TO PLEAD TO: BAYSIDE TOWING & TRANSPORT LLC T/D/B/A BAYSIDE AUTO TRANSPORT, Plaintiffs c/o NICHOLAS ERMOLOVICH, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTERCLAIMS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DATED 1 ? FENSTERMACHER AND ASSOCIATES, P.C. By:-... John R. Fenstermaeher, Esquire Supreme Court I.D. #29940 Matthew A. Smith, Esquire Supreme Court I.D. 494603 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Defendant BAYSIDE TOWING & TRANSPORT LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff vs. H&A JONES ASSOCIATED, INC. t/d/b/a E.C. GAINES AUTO TRANSPORT, : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2512 Civil Term ANSWER NEW MATTER, AND COUNTERCLAIMS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, by and through their attorneys, the Offices of Fenstermacher and Associates, and files this Answer and Counterclaims as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, Denied in part. It is admitted that Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, hereinafter "Bayside" or "Plaintiff." provided trucking and transport of vehicles on behalf of H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, hereinafter "E.C. Gaines" or "Defendant," on an open or book account basis; however, it is denied that Plaintiff's Exhibit "A" is an accurate representation of the above mentioned open/book account relationship. 5. Admitted in part, Denied in part. Defendant admits that at the special order and request of E.C. Gaines, Plaintiff Bayside provided the trucking and transport of vehicles on behalf of E.C. Gaines on the said open account or book account basis however, it is denied that Exhibits "A" and "B" accurately reflect any indebtedness Defendant E.C. Gaines may allegedly have to Plaintiff Bayside and Exhibit "B" may be inaccurate as to vehicle types, pick up and drop of locations and unit prices. 6. Admitted. 7. Admitted in part, Denied in part. Plaintiff Bayside's prices were fair and reasonable for the services they were contracted to provide, however the services they provided were not of good quality. 8. Denied. Plaintiff Bayside's transports were not completed in a timely manner, were not workmanlike and were not according to the standards of the trucking industry. 9. Denied. Defendant E.C. Gaines did not accept all services without objection or complaint to Plaintiff Bayside and otherwise Defendant E.C. Gaines did not orally agree to pay Plaintiff Bayside for all trucking services and vehicle damage as described in Plaintiff Bayside's Complaint. 10. Denied. Services provided by Plaintiff Bayside to Defendant E.C. Gaines did not total Thirteen Thousand Five Hundred Forty-Nine and 28./100 Dollars ($13,549.28). It is further denied that this sum accurately represents a principle balance owed Plaintiff Bayside, by Defendant E.C. Gaines, in the amount of Twelve Thousand Nine Hundred Thirty and 00/100 Dollars ($12,930.00) and a damage cost of Six Hundred Nineteen and 28/100 Dollars ($619.28). Finally, it is further denied that Plaintiff Bayside accurately credited Defendant E.C. Gaines where they purportedly credit Defendant E.C. Gaines with credits of Thrce 2 Hundred Sixty Five and 00/100 Dollars ($365.00), Invoice No.6589, and Ninety and 00/100 Dollars ($90.00), Invoice No. 6590. 11. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. 12. Admitted in part, Denied in part. It is denied that Thirteen Thousand Five Hundred Forty-Nine and 28/100 Dollars ($13,549.28) accurately represents the total principle balance due and owing. COUNTI (BREACH OF CONTRACT) 13. No response required. 14. Admitted in part, Denied in part. It is denied that Thirteen Thousand Five Hundred Forty-Nine and 28/100 Dollars ($13,549.28) accurately represents the total principle balance due and owing. Services provided by Plaintiff Bayside to Defendant E.C. Gaines did not total Twelve Thousand Nine Hundred Thirty and 00/100 Dollars ($12,930.00) in addition to damage costs of Six Hundred Nineteen and 28/100 Dollars ($619.28). Finally, it is further denied that Plaintiff Bayside accurately credited Defendant E,C. Gaines. 15. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. 16. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. WHEREFORE, Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, respectfully prays judgment be denied Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, and that this Honorable Court enter judgment for Defendant and award all costs and fees associated in defending this action. COUNT 11 (UNJUST ENRICHMENT) 17. No response required. 18. Denied. Defendant did not accept all trucking and transportation services as described in Plaintiff Bayside's Complaint. 19. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. WHEREFORE, Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, respectfully prays judgment be denied Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, and that this Honorable Court enter judgment for Defendant and award all costs and fees associated in defending this action. 4 NEW MATTER 29. Defendant E.C. Gaines incorporates herein their responses to Paragraphs I through 19 above as though set forth at length. 21. Plaintiff Bayside's Complaint and all claims thereunder are barred by the doctrine of equitable estoppel. 22. Plaintiff Bayside's Complaint and all claims thereunder are barred by the doctrine of justification. COUNTERCLAIMS COUNTI (BREACH OF CONTRACT) 23. Defendant E.C. Gaines incorporates herein their responses to Paragraphs I through 22 above as though set forth at length. 24. Plaintiff Bayside and Defendant E.C. Gaines did enter into a relationship in which Plaintiff Bayside provided trucking and transport of vehicles on behalf of Defendant E.C. Gaines on and open account or book account basis. 5 25. Defendant E.C. Gaines did orally communicate to Plaintiff Bayside special orders and requests for trucking and transport of vehicles on behalf of E.C. Gaines on the said open account of book account basis. 26. Plaintiff Bayside did have a duty to fulfill aforementioned special orders and requests for trucking and transport of vehicles that were orally communicated by Defendant E.C. Gaines to the specifications of Defendant E.C. Gaines. 27. On multiple occasions, Plaintiff Bayside did transport a shipment of vehicles, on behalf of Defendant E.C. Gaines, to the wrong location. 28. On multiple occasions, Plaintiff Bayside failed to transport a shipment of vehicles, on behalf of Defendant E.C. Gaines, to the proper location in a timely manner. 29. On multiple occasions, Plaintiff Bayside did transport a shipment of vehicles, on behalf of Defendant E.C. Gaines, to the proper location but delivery was deemed poor and/or the vehicles required repair. 30. As a result of the aforementioned shipments that were to incorrect locations, Defendant E.C. Gaines did lose revenue. 31. As a result of the aforementioned shipments that were to correct locations but late, Defendant E.C. Gaines did lose revenue. 32. As a result of the aforementioned shipments that were poor in nature and/or where the vehicles arrived in need of repair, Defendant E.C. Gaines did lose revenue. WHEREFORE, Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, respectfully prays this Honorable Court enter judgment for Defendant and against Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, in an amount greater than $35,000.00, plus costs and interest. COUNT II (TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONSHIPS) 33. Defendant E.C. Gaines incorporates herein their responses to Paragraphs I through 32 above as though set forth at length. 34. Plaintiff Bayside and Defendant E.C. Gaines did enter into a relationship in which Plaintiff Bayside provided trucking and transport of vehicles for customers of Defendant E.C. Gaines, on behalf of Defendant E.C. Gaines, on an open account or book account basis. 35. Defendant E.C. Gaines does have a contractual relationship with Manheim Auto Auction, hereinafter "Manheim AA." 36. Plaintiff Bayside was aware that there existed contracts for trucking and transport of customers' vehicles between Defendant E.C. Gaines and aforementioned customers. 37. Plaintiff Bayside was aware that there existed between Defendant E.C. Gaines and Manheim AA a contractual relationship. 38. Plaintiff Bayside interfered with Defendant E.C. Gaines's contractual relationships with the aforementioned customers where, on multiple occasions, Defendant E.C. Gaines was approached by one or more of the aforementioned customers and was advised that Plaintiff Bayside had attempted to solicit business from one or more of the aforementioned customers. 39. Plaintiff Bayside interfered with Defendant E.C. Gaines's contractual relationships with the aforementioned customers where, on multiple occasions, Plaintiff Bayside, while providing tricking and transport of aforementioned customers' vehicles on behalf of Defendant E.C. Gaines, did attempt to solicit business from Defendant E.C. Gaines's customers by giving them Plaintiff Bayside's business cards in their delivery envelopes. 40. Plaintiff Bayside interfered with Defendant E.C. Gaines's contracnual relationship with Manheim AA when it approached Manheim AA and attempted to have Defendant E.C. Gaines removed from the authorized transporter list at Manheim Auto Auction. 41. Plaintiff Bayside did not have the privilege to interfere with the contracts between Defendant E.C. Gaines and the aforementioned customers. 42. Plaintiff Bayside's did not have the privilege to interfere with the contracts between Defendant E.C. Gaines and Manheim AA. 43. As a result of Plaintiff Bayside's interference with the aforementioned customers and Manheim AA, Defendant E.C. Gaines lost two accounts completely and one account for a period of six months. 44. The loss of the aforementioned accounts resulted in a substantial loss of revenue. WHEREFORE, Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport, respectfully prays this Honorable Court enter judgment for Defendant and against Plaintiff, Bayside Towing & Transport LLC t/d/b/a Bayside Auto Transport, in an amount greater than $35,000.00, plus costs and interest 9 Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. Y .John R. Fenstermacher Supreme Court I.D. #29940 Matthew Aaron Smith Supreme Court I.D. # 94603 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Defendants DATED: ! : 10 CERTIFICATE OF SERVICE AND NOW, on this 'e day of October, 2005, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing Answer, New Matter, and Counterclaims, by mailing a true and correct copy by United States first class mail, addressed as follows: Nicholas Ennolovich, Esquire Shirk & Ennolovich, LLP 115 South State Street Ephrata, PA 17522-2412 Attorney for Plaintiffs FENSTERMACHER AND ASSOCIATES, P.C. By: John R. Fenstermacher 12 ,i r , _? `- H:\BaysideTowing&Transport\Documents\PlaintitPsAnsToNewMatter&Counterclaiins..las.l 1.08.05..11.10.05: min 11.11 BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff vs. H&A JONES ASSOCIATED, INC. t/d/b/a E.C. GAINES AUTO TRANSPORT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2512 Civil Term NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Plaintiff's Answer To New Matter and Counterclaims With New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, SHIRK & ERMOLOVICH, LLP By . Nicholas ch, Esquire Attorney I.D. #73573 Attorney for Plaintiff 115 South State Street Ephrata, PA 17522 J DATED: (717) 627-0711 BAYSIDE TOWING & TRANSPORT, LLC t/d/b/a BAYSIDE AUTO TRANSPORT, Plaintiff vs. H&A JONES ASSOCIATED, INC. t/dib/a E.C. GAINES AUTO TRANSPORT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2512 Civil Term PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTERCLAIMS WITH NEW MATTER 20. Bayside incorporates the foregoing paragraphs of the Amended Complaint as though fully set forth below at length. 21. The averments contained in paragraph 21 are conclusions of law to which no responsive pleading is required and, therefore, is denied. 22. The averments contained in paragraph 22 are conclusions of law to which no responsive pleading is required and, therefore, is denied. ANSWER TO COUNTERCLAIMS COUNTI (BREACH OF CONTRACT) 23. The foregoing paragraphs are incorporated herein by reference as though fully set forth below at length. 24. Admitted. 25. Admitted. 26. Admitted. 27. Admitted in part, denied in part. During the entire length of engagement with E.C. Gaines, Plaintiff Bayside delivered two vehicles to the wrong location on one occasion only and Bayside paid all fees and expenses related to delivery of the vehicle to the correct location (approximately two miles away). It is denied that on "multiple occasions" Bayside transported vehicles to the wrong location. 28. Denied. At no time did Bayside fail to transport a shipment of vehicles to the proper location in a timely manner. 29. Denied. It is specifically denied that on multiple occasions the delivery of vehicles by Bayside was "poor" and/or any vehicles required repair. To the contrary, E.C. Gaines has failed to provide any documents, information, invoices or the like to confirm or verify any damage to any vehicles or to further substantiate the allegation that any delivery should be deemed "poor". 30. Denied. Bayside denies that any shipments other than as described above were delivered to incorrect locations. Plaintiff Bayside is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments contained in paragraph 30 and strict proof thereof is demanded at trial. 31. Denied. Plaintiff Bayside denies that it delivered vehicles late to correct locations. By way of further response, the remaining averments contained in paragraph 31 are 3 conclusions of law to which no responsive pleading is required. 32. Denied. It is again denied that any shipment of vehicles were "poor in nature" and that any vehicles delivered by Bayside required repairs. By way of further response, Plaintiff Bayside is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments contained in paragraph 32 and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, Bayside Towing & Transport, LLC t/d/b/a Bayside Auto Transport, respectfully requests this Honorable Court enter judgment in its favor and against Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport and further dismiss all counterclaims with prejudice. COUNT II (TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONSHIPS) 33. Plaintiff Bayside incorporates the foregoing paragraphs herein by reference as though fully set forth below at length. 34. Admitted. 35. Denied. Plaintiff Bayside is without knowledge or information sufficient to perform a belief as to the truth or falsity of the averments contained in paragraph 35 and strict proof thereof is demanded at trial. 36. Denied. Plaintiff Bayside was not aware of any existing contracts for trucking and transport of custo per's vehicle between Defendant E.C. Gaines and aforementioned customers; however, Plaintiff Bayside was aware that Defendant E.C. Gaines had been engaged or had some form of business relationship with various customers. 37. Denied. Plaintiff Bayside was unaware of any contractual relationship between Defendant E.C. Gaines and Manheim AA. 38. Denied. At no time has Plaintiff Bayside or any employees, agents or representative of Bayside solicited business from customers of E.C. Gaines and Defendant E.C. Gaines has failed to list and/or further describe any such customers. By way of further response, there have been several occasions when customers of E.C. Gaines have contacted Plaintiff Bayside to engage their services and have indicated that they were no longer using the services of Defendant E.C. Gaines as a result of problems with delivery. By way of further response, the averments contained in paragraph 38 are conclusions of law to which no responsive pleading is required. 39. Denied. The averments contained in paragraph 39 are conclusions of law to which no responsive pleading is required. To the extent that a response maybe appropriate, Plaintiff Bayside did not attempt to solicit any business from customers of E.C. Gaines by providing business cards in a delivery envelope. On one occasion, a customer requested a business card and a card was then provided. However, it was the policy of Bayside to instruct drivers not to leave a business card in a delivery envelope or to even give a business card to a customer if requested at the time of delivery. 40. The averments contained in paragraph 40 are conclusions of law to which no responsive pleading is required and is, therefore, denied. In the event that a response may be appropriate, Plaintiff Bayside did not attempt to have Defendant E.C. Gaines removed from the 5 authorized transport list at Manheim Auto Auction. However, Plaintiff Bayside did inform Manheim AA of the substantial monies Defendant E.C. Gaines has failed to pay for services provided and Plaintiff Bayside sought the help of Manheim AA to speak with E.C. Gaines regarding their failure to make full and timely payment. 41. Denied. The averments contained in paragraph 41 are conclusions of law to which no responsive pleading is required and, therefore, is denied. By way of further response, Plaintiff Bayside did not interfere with any contractual relationships between E.C. Gaines and any customers. 42. Denied. The averments contained in paragraph 42 are conclusions of law to which no responsive pleading is required and, therefore, is denied. By way of further response, Plaintiff Bayside did not interfere with any contractual relationships between Defendant E.C. Gaines and Manheim AA. 43. Denied. The averments contained in paragraph 43 are conclusions of law to which no responsive pleading is required and, therefore, is denied. By way of further response, Plaintiff Bayside did not interfere with any contractual relationships between customers and Manheim AA. In addition, Plaintiff Bayside is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments contained in paragraph 43 and strict proof thereof is demanded at trial. 44. Denied. Plaintiff Bayside is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in paragraph 44 and strict proof thereof 6 is demanded at trial. By way of further response, the allegations contained in paragraph 44 are vague and incomplete as Defendant E.C. Gaines has failed to quantify the alleged "substantial loss of revenue". WHEREFORE, Plaintiff, Bayside Towing & Transport, LLC t/d/b/a Bayside Auto Transport, respectfully requests this Honorable Court enter judgment in its favor and against Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport and further dismiss all counterclaims with prejudice. NEW MATTER 45. The foregoing paragraphs are incorporated herein by reference as though fully set forth below at length. 46. Defendant E.C. Gaines fails to describe whether any alleged contractual relationship with customers is oral or in writing and E.C. Gaines fails to attach any written contracts to their Answer and Counterclaim. 47. Defendant E.C. Gaines fails to describe whether the alleged contractual relationship with Manheim AA was oral or in writing and E.C. Gaines fails to attach any written contract to the Counterclaim. 48. E.C. Gaines fails to list and/or describe any such customers who were lost to Plaintiff Bayside. 49. Defendant E.C. Gaines fails to quantify the "substantial loss of revenue" that was incurred as a result of the al leged tortious interference with contractual relationship by Bayside. 7 50. Defendant's claims are barred by the doctrine of privilege. 51. Defendant's claims are barred by the doctrine of license. 52. Defendant's claims are barred by the doctrine of "unclean hands". 53. Defendant's claims are barred by the doctrine of bad faith. 54. Defendant's claims are barred by the statute of limitations applicable to tortious interference with contractual relationships. 55. Defendant's claims are barred by the doctrine of estoppel. 56. Defendant's claims are barred by doctrines of fraud and misrepresentation. WHEREFORE, Plaintiff, Bayside Towing & Transport, LLC t/d/b/aBayside Auto Transport, respectfully requests this Honorable Court enter judgment in its favor and against Defendant, H&A Jones Associated, Inc. t/d/b/a E.C. Gaines Auto Transport and further dismiss all counterclaims with prejudice. Respectfully Submitted, SHIiNic-holas-E-ao ERM LOVICH, LLP i _ By: ? Esquire Attorney For Plaintiff Date: Attorney I.D. #73573 5 115 South State Street Ephrata, PA 17522-2412 (717) 627-0711 VERMCATION 1, Robert Edelstein, on behalf of Bayside Towing & Transport, LLC t/d/b/a Bayside Auto Transport, of which I am an authorized member, which party has authorized this verification to be made, have read the foregoing and hereby affirm that it is tree and correct to the best of my personal knowledge, information and belief. The verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. I verify that all the statements in the foregoing are true and correct and that false statements may subject me to the penalties of IS Pa. C.S. §4904. DATE ?//1 fl cir By: ROBERT EDELSTEIN CERTIFICATION OF SERVICE I hereby certify that on this 1 Ith day of November, 2005, I served a copy of Plaintiffs Answer To New Matter and Counterclaim in the above matter on the person/s and in the manner indicated below, which service satisfies the requirements of Pa.R.C.P. No. 440. Service by regular first class mail, addressed as follows: Matthew A. Smith, Esquire Fenstermacher and Associates. P.C. 5115 East Trindle Road Mechanicsburg, PA 17050 Counsel for Defendant SHIRK & ERMOLOVICH, LLP By: Nicholas Ern16lovic Attorney for Plaintiff- Attorney ID#73573 115 South State Street Ephrata, PA 17522 (717)627-0711 r-J (7 1 9 i _.Z ?... ?. ?? C.S 1 ; (., ? ,r ? i .. F f P. : il Y? Renee K. Simpson Deputy Prothonotary Curtis R. Long prothonotary office of the protbonotarr eum'bertanb C()untp John E. Slike Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES TH OF OCTOBER 2008 AFTER MALE THE AND NOW THIS 29 DAY RECEIVING NO RES- - CE WITH PA INTENTION TO PROCEED AND BY TERMINATED WITH PREJUDICE IN ACCORD CASE IS HERE R. C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 cr,nare