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HomeMy WebLinkAbout05-3849 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION The RecovAR Group LLC, Plaintiff, v. G]obal Logistic, Inc. d/b/a Global Logistics d/b/a GLI Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 05 -3f49 C;L>LllSe-~ Type ofP]eading: Complaint in Civil Action Filed on Behalf of Plaintiff: The RecovAR Group, LLC Counsel of Record for this Party: Linda A. Mich]er, Esquire Pa. I. D. No. 535]8 7228 Baptist Road, #175 Bethel Park, PA ]5102 (4]2) 854-4315 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 is served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment maybe 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. YOV SHOVLD TAKE THIS PAPER TO YOVR LAWYER AT ONCE. IF YOV DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OVT WHERE YOV CAN GET LEGAL HELP. CVMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENVE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION The RecovAR Group LLC, No. 0 S" - 3P'I9 CI~Lt ~~ Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) v. Global Logistics, Inc. d/b/a Global Logistics d/b/a GLI Defendant. COMPLAINT IN CIVIL ACTION 1. Plaintiff is The RecovAR Group, LLC, as assignee of United Parcel Service ("UPS"), having an address of] 182] ParkIawn Drive, Rockville, MlIl)'land. 2. Defendant, Global Logistics, Inc. d/b/a G]obal Logistics, d/b/a GLI is a Pennsylvania corporation, whose Registered AgentlPresident, Thomas Hocker, is an adult individual, having a last known address at 5267 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At the special instance and request of Defendant and in a continuing course of business from March 27, 2004 through September 1],2004, UPS sold and delivered to Defendant certain shipping services, in the total aggregate amount of$9,137.20, as is more specifically shown by UPS' Statement of Account, true and correct copies of which is attached hereto marked Exhibit "A". 4. Defendant received and accepted the aforementioned services. 5. The prices charged were the customlll)' and usual prices, and Defendant agreed to pay. 6. A true and correct copy of the Assignment of Accounts Receivable from UPS to Plaintiff is attached hereto marked Exhibit "B" and made a part hereof. 8. Plaintiff avers that the balance due by Defendant amounts to $9,137.20, as evidenced by UPS' Statement of Account (Exhibit "A"). 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid remaining balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Registered AgentlPresident, Thomas Hocker, in the amount of $9,137.20, together with appropriate interest, late fees, and costs, including but not necessarily limited to costs of collection and attorney fees. Date~, 2005 . ~k~ Lina3 A. Mich]er, Esquire Attorney for Plaintiff, The Recov AR Group, LLC Pa. ill # 53518 7228 Baptist Road, #175 Bethe]Park,PA 15102 (4]2) 854-4315 SCHEDULE TO Assignment of Account(s) Receivable Debtor Original Balance Payments Credited Account Receivable Purchased (Debt) . . Global LOgIStiCS. Inc. d/b/a Global Logistics d/b/a GLI $9.137.20 $9.137.20 Schedule to Assignment of UPS Acct \ l t X hi bi -f f\ V1 1011 . United Parcel Service General Information (G) Account: EW9593 Name: Global Logistics, Inc. D/B/A Global Logistics d/b/a GU 5267 Simpson Ferry Road Mechanicsburg, PA 17055 Phone: (717) 697-5007 Balance: $9.137.20 W/E Date Trans Adj Invoice No. Type Type Amount 0000EW9593134 3127/04 A 1 $1,184.70 0000EW9593144 4/3104 A 1 $2,245.49 OOOOEW9593154 4/10/04 A 1 $475.01 0000EW9593164 4/17/04 A 1 $879.01 00OOEW9593174 4/24/04 A 1 $1.607.59 . 0000EW9593184 5/1/04 A 1 $1.599.96 0000EW9593194 5/8/04 A 1 $478.47 0000EW9593204 5/15/04 A 1 $287.02 0000EW9593214 5/22/04 A 1 $199.89 OOOOEW9593224 5/29/04 A 1 $105.49 OOOOEW9593234 6/5/04 A 1 $38.52 0000EW9593244 6/12/04 A. 1 $14.35 0000EW9593254 6/19/04 A 1 $9.99 0000EW9593264 6/26/04 A 1 $5.27 0000EW9593374 9/11/04 A 1 $6.44 Total $9,137.20 ASSIGNMENT OF ACCOUNT (8) RECEIVABLE Effective Pate: November 18, 2004 This Assignment of Account(s) Receivable is made by and between The RetovAR Group, LLC ("RecovAR") and United Parcel Service, Inc. ("UPS") effective On the date fll'st written above. WHEREAS, Each ofthe debtors identified ("Debtor") on the Schedule to Assignment of Account(s) Receivable (the "Schedule") attached hereto is currently indebted to UPS for the amount(s) indicated fot each on the Schedule together with allowable interest, attorney's fees and costs, where applicable, for services rendered and/or goods pr\)vided by UPS to Debtor (the ''Debt''); WHE.REAS, The Debt is not subject to offset, counterclaims or just grounds of defense; WHEREAS, UPS 1Nishes to sell and RecovAR wishes to purchase the Debt; and, NOW THEREFORE, For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, UPS does hereby irrevocably assign, set over and transfer to Recov AR all rights, title and interest to the Debt. . FOR: THE REeOV AR GROUP, LLC B~~~ Pamela Bart]ett Chief Operating Officer The Recov AR Group, LLC 11821 ParklawnDrive, Suite 310 Rockville, MD 20852 CE, INC By: Paul Gallais or Bill Stuh1tragt\1" Corporate Credit United Parcel Service, Inc. 55 Glenlake Parkway, NE Atlanta, GA.30328 \ \ (.0n-\ P'i-t fbVl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DlV]SION The RecovAR Group LLC, ) No. ) Plaintiff, ) ) v. ) ) Global Logistics, Inc. d/b/a Global Logistics ) d/b/a! GLI ) ) ) ) Defendant. ) VERIFICATION The Undersigned verifies that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. I am duly authorized to make this verification on behalf of The Recov AR Group, LLC because of my position as CleD /~tt4~~BEJ2_. Date: [~ I C;, 2005 .. i/(LJ 'W- / J1j- D n iQ.. #- 1 U( U( '- ---- f:: D U( ~ ..t. C>' ~C>~ $ . . . . ...., ~;:: () ~.J.. -n G ( .-1 ~ _: ~-T- ,_ ril;:I1 VJ r" -.; C.": -- 0::: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION The RecovAR Group LLC, Plaintiff, v. Global Logistic, Inc. d/b/a G]obal Logistics d/b/a GLI Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 2005-03849 Civil Term Type of Pleading: Praecipe to Discontinue Action Without Prejudice Filed on Behalf ofP]aintiff: The Recov AR Group, LLC Counsel of Record for this Party: Linda A. Michler, Esquire Pa. I. D. No. 535]8 7228 Baptist Road, #175 Bethel Park, PA 15102 (412) 854-4315 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION The RecovAR Group LLC, ) ) Plaintiff, ) ) v. ) ) Global Logistics, Inc. d/b/a Globa] Logistics ) d/b/a GLI ) ) ) ) Defendant. ) No. 2005-03849 Civil Term PRAECIPE TO DISCONTINUE ACTION WTlliOUT PREJUDICE TO THE PROTHONOTARY: Kind]y discontinue this action without prejudice on the records of this Court. Date: August 16, 2005 ~4~~ Linda A. Michler, Esquire Attorney for Plaintiff, The Recov AR Group, LLC Pa. ill # 535]8 7228 Baptist Road, # 175 Bethel Park, PA 15102 (412) 854-4315 ~ Ce" Cf' po C. G'! \'-' '" ,- c'. '3 ~ ~,:D >'.-- ""fT' ,-Y)O -p") \ ':;~1Sf. .,; -(1 c1t-) ;:'~- (11. S ~ --0 ~ C-:? :;:- c.,J SHERIFF'S RETURN - NOT FOUND . CASE NO: 2005-03849 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RECOVAR GROUP LLC THE VS GLOBAL LOGISTIC INC DBA GLOBAL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GLOBAL LOGISTICS INC D/B/A GLOBAL LOGISTICS D/B/A GLI but was unable to locate Them in his bailiwick. He therefore returns the NOTICE COMPLAINT , NOT FOUND , as to the within named DEFENDANT , GLOBAL LOGISTICS INC D/B/A GLOBAL LOGISTICS D/B/A GLI 5267 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 GLOBAL LOGISTICS IS NO LONGER OPERATING OUT OF ADDRESS PROVIDED, CURRENT BUSINESS OWNER ROBERT GOUDY STATES HE IS NOT ASSOC. W/GLOBAL Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 8.00 5.00 10.00 .00 41.00 So answe:!:'3--'--?" - _...._~ -~~~~ Sheriff of Cumberland County LINDA MICHLER 08/04/2005 Sworn and subscribed to before me this 9 day of a,~ ~.D. &1,1 ~ : -1Y\... J}." ~AO- thonotary -0/5'. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION The RecovAR Group LLC, Plaintiff, v. Global Logistic, Inc. d/b/a Global Logistics d/b/a GLI Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 0 ~ - 3f'-1'1 C;u~l';~ Type of Pleading: Complaint in Civil Action Filed on Behalf of Plaintiff: The RecovAR Group, LLC Counsel of Record for this Party: Linda A. Michler, Esquire Pa. I. D. No. 53518 7228 Baptist Road, #] 75 Bethel Park, PA 15102 (412) 854-43]5 Tl1lJE COpy FROM rUECDRD I" Te:-:pm('~" I.""'''''.'"' I" - , .- .. .;JJ...;'.:...t....\.h H~-:t:olr",,~;r;Lrt-fn'l.".>I.. ..' " " J _J~..._ ._"r~ :, LC.~:.J ~;~t~:'~ r.:;"~~, '----- "" ~P. /MY,) 'il honotary 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 is served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and 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. YOV SHOULD TAKE THIS PAPER TO YOVR LAWYER AT ONCE. IF YOV DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OVT WHERE YOV CAN GET LEGAL HELP. CVMBERLAND COVNTY BAR ASSOCIATION 2 LIBERTY A VENVE CARLISLE, P A 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIV]L DIVISION The RecovAR Group LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) No. . Plaintiff, v. Global Logistics, Inc. d/b/a Global Logistics d/b/a GLI COMPLAINT IN CIVIL ACTION ]. Plaintiff is The RecovAR Group, LLC, as assignee of United Parcel Service ("UPS"), having an address of] 182] Parklawn Drive, Rockville, Maryland. 2. Defendant, Global Logistics, Inc. d/b/a Globa] Logistics, d/b/a GLI is a Pennsylvania corporation, whose Registered AgentlPresident, Thomas Hocker, is an adult individual, having a last known address at 5267 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At the special instance and request of Defendant and in a continuing course of business from March 27, 2004 through September 11, 2004, UPS sold and delivered to Defendant certain shipping services, in the total aggregate amount of$9,137.20, as is more specifically shown by UPS' Statement of Account, true and correct copies of which is attached hereto marked Exhibit "A". 4. Defendant received and accepted the aforementioned services. 5. The prices charged were the customary and usual prices, and Defendant agreed to pay. 6. A true and correct copy of the Assignment of Accounts Receivable from UPS to Plaintiff is attached hereto marked Exhibit "B" and made a part hereof. 8. Plaintiff avers that the balance due by Defendant amounts to $9,137.20, as evidenced by UPS' Statement of Account (Exhibit "A"). 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid remaining balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Registered Agent/President, Thomas Hocker, in the amount of $9,137.20, together with appropriate interest, late fees, and costs, including but not necessarily limited to costs of collection and attorney fees. Date~, 2005 - ~""~~ Attorney for Plaintiff, The RecovAR Group, LLC Pa. ID # 53518 7228 Baptist Road, # 175 Bethel Park, P A 15102 (412) 854-4315 Debtor SCHEDULE TO Assignment of Account(s) Receivable Original Balance Payments Credited Global Logistics. Inc. d/b/a Global Logistics d/b/a GLI Schedule to Assignment of UPS Acet $9,137.20 \ l t X ne bi -f F\ III Account Receivable Purchased (Debt) $9,137.20 1011 .. United Parcel Service General Information (G) Account: EW9593 Name: Global Logistics. Inc. D/B/A Global Logistics d/b/a GLI 5267 Simpson Ferry Road Mechanicsburg, PA 17055 Phone: (717) 697-5007 Balance: $9,137.20 W/E Date Trans Adj Invoice No. Type Type Amount 0000EW9593134 3/27/04 A 1 $1.184.70 0000EW9593144 4/3/04 A 1 $2,245.49 0000EWg593154 4/10/04 A 1 $475.01 0000EW9593164 4/17/04 A 1 $879.01 0000EW9593174 4/24/04 A 1 $1,607.59 . 0000EW9593184 5/1/04 A 1 $1,599.96 0000EW9593194 5/8/04 A 1 $478.47 0000EW9593204 5/15/04 A 1 $287.02 0000EW9593214 5/22/04 A 1 $199.89 0000EW9593224 5/29/04 A 1 $105.49 0000EW9593234 6/5/04 A 1 $38.52 0000EW9593244 6/12/04 A. 1 $14.35 0000EW9593254 6/19/04 A 1 $9.99 0000EW9593264 6/26/04 A 1 $5.27 0000EW9593374 9/11/04 A 1 $6.44 Total $9,137.20 ASSIGNMENT OF ACCOUNT (S) RECEIVABLE Effective Date: November 18, 2004 This Assignment of Account(s) Receivable is made by and between The Re<:ovAR Group, LLC eRecovAR") and United Parcel Service, Inc. ("UPS") effective on the date frrst written above. WHEREAS, Each ofthe debtors identified ("Debtor") on the Schedule to Assignment of Account(s) Receivable (the "Schedule") attached hereto is currently indebted to UPS fOJ; the amount(s) indicated for each on the Schedule together with allowable interest, attorney's fees and costs, where applicable, for services rendeJ;ed and/or goods prl)vided by UJ>S to Debtor (the "Debn; WHE.REAS, The Debt is not subject to offset, counterc1aims or just grounds of defense; WHEREAS, UPS wishes to sell and Recov AR wishes to purchase the Debt; and, NOW THEREFORE, For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, UPS does hereby irrevocably assign, set over and transfer to RecovAR all rights, title and interest to the Debt. . FOR: THE RECOV AR GROUP, LLC B~~'-- Pamela Bartlett Chief Operating Officer The Recov AR Group, LLC 11821 ParklawnDrive, Suite 310 Rockville, MD ;:<0852 . By: o~ Paul Gallois or Bill Stuhltrag(\l' Corporate Credit United Parcel Service, mc, 55 Glenlake Parkway, NE Atlanta, GA30328 \' ~)(\1-\ P'I -t 16'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVIS]ON The RecovAR Group LLC, ) No. ) Plaintiff, ) ) ~ ) ) Global Logistics, Inc. d/b/a Global Logistics ) d/b/a! GLI ) ) ) ) Defendant. ) VERIFICATION The Undersigned verifies that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 9 4904, relating to unsworn falsification to authorities. I am duly authorized to make this verification on behalf of The RecovAR Group, LLC because of my position as CleO l~tt4ldw.EWlBEJL. Date; ~ \ 0,2005 " t/(I .-~~-- / v J1f tJ_\ < \::: ~.~ ctc' ~~< . '(,.>':' Vi. I..l_. ,fij) '<!J ::....... . /~\} (('\> " '0'P .. . ..-? 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