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HomeMy WebLinkAbout05-6371OLD DOMINION FREIGHT LINE, INC. Plaintiff V. JASON PERKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA' NO. ?5 ?61,4L dEAl"KA CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IFYOU CANNOTAFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVlso LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui an contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 OLD DOMINION FREIGHT LINE, INC. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. CIS- 1,311 (2 t-0 ?C JASON PERKEY, CIVIL DIVISION - LAW Defendant COMPLAINT The Plaintiff, OLD DOMINION FREIGHT LINE, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action ofAssumpsit againstthe Defendantto recoverthe sum of THREE THOUSAND NINE HUNDRED SEVENTY NINE DOLLARS AND FIFTEEN CENTS, together with interest thereon at the statutory rate from February 14, 2005: The Plaintiff, OLD DOMINION FREIGHT LINE, INC., is a corporation organized and existing under the laws of the State of North Carolina, having its principal office and place of business at 500 Old Dominion Way, Thomasville, North Carolina 27360. 2. The Defendant, JASON PERKEY, is an adult individual" residing at 11 South Spring Garden Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On November 8, 2004, Defendant signed a Truck DriverTraining Program Agreement with Plaintiff which provided, in pertinent part, that should Defendant leave Plaintiff's employ for any reason or voluntarily transfer to a non-driving position with Plaintiff prior to 1 year after graduation from the driver training program, Defendant would pay to Plaintiff the sum of $3,500.00 in consideration for such Truck Driver Training Program. A true and correct copy of said Truck Driver Training Program Agreement is attached hereto, marked Exhibit "A" and made a part hereof. F:\USER\ROBIN\CCP&DJ CMPS\FORMS -Common Pleas\OLD DOM FREIGHT 31799.wpd:21Nov05 4. Defendant completed the Old Dominion Truck Driver Training Program and received a Certificate of Achievement on or about January 6, 2005. A true and correct copy of said Certificate of Achievement is attached hereto, marked Exhibit "B" and made a part hereof. 5. Defendant began his employment with Plaintiff on November 8, 2004 and ended on or about February 7, 2005, the last date Defendant worked. On or about February 14, 2005, Defendant resigned his position with Plaintiff without giving notice. A true and correct copy of Plaintiff's Payroll Change Request evidencing date of hire and last date worked is attached hereto, marked Exhibit "C" and made a part hereof. 6. The price charged for said training and services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant contractually promised and agreed to pay to Plaintiff. 7. Defendant become entitled to certain credits against the charges aforementioned, as more particularly shown on Exhibit "D" attached hereto and made a part hereof, to the total amount of One Hundred Eighty Four Dollars and Four Cents ($184.04). 8. The balance due and owing by Defendants to Plaintiff is the sum of Three Thousand Three Hundred Fifteen Dollars and Ninety Six Cents ($3,315.97). 9. Due to the default of Defendant, and pursuant to the terms and conditions of the Truck Driver Training Program Agreement executed by Defendant hereto attached as Exhibit "A", attorney's fees in the total amount of Six Hundred Sixty Three Dollars and Nineteen Cents ($663.19) have been added to said account. 10. Plaintiff frequently demanded paymentfromDefendantofsaid amountdueandowing asaforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. F:\USER\ROBIN\CCP&DJ CMPS\FORMS -Common Pleas\OLD DOM FREIGHT 31799.wpd2 I Nov05 Q WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THREE THOUSAND NINE HUNDRED SEVENTY NINE DOLLARS AND FIFTEEN CENTS, together with interest thereon at the statutory rate from February 14, 2005. Respectfully submitted, KNUPP, KODAK & IM LUM, P.C. C`?L Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\FORMS -Common Pleas\OLD DOM FREIGHT 31799.wpd:21 Nov05 OLD DOMINION FREIGHT LINE INC. TRUCKDRnER TRAINING PROGRAMAGREEMENT For and inconsideration of Old Dominion Freight Line, Inc, allowing me to participate in the old DomunonTmck Driver Training Program for the purpose of becoming trained as a professional truck driver and agree as follows: 1. That I meet the qualifications of the program 2. That I understand the requirements of the program, the type of training to be given and what shall be required of me should I receive my CDL 3. - That I have read the attached information sheet and agree with it's content. (Truck Driver Training Information Sheet - "Earn While You Leam".) 4. That in the event I withdraw from the program, or deliberately delay my continued traininglcompletion, after having completed the classroom : I hereby agree to pay to Old Dominion any compensation I have received during the program, including meal reimbursement, lodging, classroom and on the job training. 5. That in the event that I complete the training program and receive my CDL: If I should leave Old Dominion Freight Line, Inc. 's employment for any reason and/or voluntarily transfer to a non driving position prior to 1 year (12 months) after graduation from the Old Dominion Freight Line, Inc. Truck Driver Training Program, I hereby agree to pay to the order of Old Dominion Freight Line, Inc. the sum of $3500,00 as consideration for such training, same to be due and payable in full on the date of my termiuation. I further agree that any wages or other monies not yet paid to me by Old Dominion Freight Line, Inc. shall be withheld and will be applied toward the sum which I may owe at the time of termination and I authorize old Dominion Freight Line, Inc. to deduct said sums from wages or other monies due me at the time of said termination. I consider this to be a voluntary repayment of any amount which I owe as provided by Chapter 95-25.10 of the General Statutes of North Carolina. In the event I default in the payment of such sum, when due, then in such event interest on the unpaid balance at the highest legal interest rate at the time of termination shall be due and payable and shall accrue until said is fully paid. In the event it becomes necessary for Old Dominion Freight Line, Inc. to employ an attorney to collect said sum, then in such event, Old Dominion Freight Line, Inc. shall be entitled to recover an additional 15% of the balance due and interest as attorney's fees. Nothing herein shall be considered to be a contract of employment with Old Dominion Freight Line, Inc. and I understand that either old Dominion Freight Line, Inc. or I can terminate my employment at will. or! Executed this/ day of l O V. . 20 .Tld,povl n PeRt< Print or Type pplicantName imess Service Center Revised 12108100 *440 W W .Sa *moo WPW4 A I la 0 Q z a a Q a Q w w a 0 a a a w v U 0 h x 0 u? Z Z W V r t') 0 cfl 7 O Z O 0 W z r a w z z 0 pa a a a D DOMINION FREIGHT LINE, INC. 500 ad Dominion way Thomasville, NC 27360 - ' - FORM q-- _"-- PAYROLL CHANGE REQUEST LOCATION No. ?-7 G DEPAR NT T. T LZ r f,, 411 T PLEASE TYPE - - (STATUS) (1) NeW Hire xrXV Resigned Return To Corrected A-2 Rehire Discharged (Explain in 41) Marital staid Change (Explain in 41) Other (Explain in 41) Transfer / Job Change Fam. Med. Leave Address Change Wage Change Temp. Mod. Duty Name Change (2) E W e.,# (3) Employee Name ` ? / T? a PERK ::Y JF G (5) Address (House Number, Street, Apt.#) 11 S. S, PP..1 IN;G CAk)•-x1 -2 IT City C.'-1FLI SLR (6) Date of Birth (10) Phone No. (4) Sex (M or F) -State Zip Code Phone No. - p-A i-013 (117")2lE-0146 (7) Social Security No. (8) Marital Status (9) Emergency Contact Name - - - ? Married. ? Single (11) Date Employed (First Day Worked) (Important: In event date employed - 11/2/04 and/or first day worked changes, a corrected A2 must be submitted.) (12) Empl. Status F = Full Time - (13) Full Time Date (14) Effective Date of Change P=Part Time 2/14/05. : Items (15) through (18): See Shaded area at bottom of this form (19) Existing Job Class (20) New Job Class (21) New Service Center No. (22) Department (23) Veteran (Y or N) (24) Disability (25) Ethnic (Y or N) (28) State Tax subject to (26) EEO (27) Job Title (29) City Tax subject to (31) Drivers license Number (32) State (33) CDL Endorsements (H N T M P X) (34) Issue Date (35) Expiration Date (36) Type (37) Last Date Worked (38) Termination Date (39) Eligible For Rehire _ If NO, Explain j 2 14 /5 73 = Y =Yes N = No Reason On Line (41). (40) Reason For Separation R XX 2 '• n 0 (See Separation Codes on Back of Pink Copy) (41) Comments: -, sC 12 i T TCE (42) Requested B a{M--- Approved By Approve d By Processed in Pe s "IA Proeesser By i Date By (15) Pay Status (Circle One) H = Hourly W = Weekly Salary (30) Other Tax Subject to Title ?- G+ ?t'??v ?-- Date of I Title _j - Date Title Date Mo Forwarded to Benefits It By Date I?f[ (17) Date Last Rate Change FOD L ' Old!Oommion Fre?ghtjinej _. ;?OOOId.DommrdnWa? Wel? / ou c? dR schoC) NPPa a? ?yhs C'hPC,? X) /J a'`, Tot ,fG11700I y . • 1/ 1. iliillllLE,1111 I? I =' ? Bpi 11 w ..f-tu :" lil II' n iii N! II} ii PAY OVEHbNQEiEfi,HT`Q°' `T I?7i{Fk«Q?SLL?I 3 - r s - n 7 iF- f "r li u u -. A - ------ n MT HE JAS."WHERKE ilk ?'illt rlt iii "II !I!-'If 'tl I_ 'i I ! -ili=' o ORDER OF 1150(1T1FSPRt?VMkk?D?iN ill= n?hh?v4??i n' I ?IIIII ul l iihili QARLISLEPA VQi I'i III i? III UIh l!I?ii1='I ?I n•367ii38u• 1:0S3101SF.0:207998IS 2L. 10 23u• NOV-21-2005 16:28 KNUPP KODAK & IMBLUM 717 238 7158 VERIFICATION P.06 I, Laura 0 Williams Director of Payroll (name) (title) of OLD DOMINION FREIGHT LINE, INC., verify that the statements made in the aforegoing 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 unsworn falsification to authorities. Title: Director of Payroll Dated: 12/9/05 31799 TOTAL P.06 OLD DOMINION FREIGHT LINE, INC. U2 OA (r? . OLD DOMINION FREIGHT LINE, INC., Plaintiff V. JASON PERKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005- 6371 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendant, JASON PERKEY, in the above captioned case. By: Respectfully submitted, IRWIN Marc*zA. McK ig t, III, Esquire 60Wes{Pomfret STfect Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Date: January 11, 2006 OLD DOMINION FREIGHT LINE, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. 2005- 6371 CIVIL TERM JASON PERKEY, . Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert D. Kodak, Esq. KNUPP, KODAK & IMBLUM, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 IRWIN & Date: January 11, 2006 By: Marcu?A. McKnight, III, Esquire 60 We Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 2 ? _ ..A ?'i.: C`-' i ,? l ?.. ..? 4,, SHERIFF'S RETURN - REGULAR CASE NO: 2005--06371 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLD DOMINION FREIGHT LINE INC VS PERKEY JASON SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PERKEY JASON the DEFENDANT , at 1437:00 HOURS, on the 30th day of December-, 2005 at 11 SOUTH SPRING GARDEN S CARLISLE, PA 17013 by handing to ANGELA PERKEY, WIFE 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 4.80 Postage .37 Surcharge 10.00 .00 33.17 Sworn and Subscribed to before me this day of Joa(F A_D. Pro not y So Answers R. Thomas Kline 01/03/2006 KNUPP KODAK IMBLUM By: Deputy Sheriff OLD DOMINION FREIGHT LINE, INC., Plaintiff V. JASON PERKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005- 6371 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD TO: OLD DOMINION FREIGHT LINE, INC. and its attorney, Robert D. Kodak, Esquire YOU ARE HEREBY NOTIFIED that you must responsively plead to the within Answer with Counterclaim to Plaintiffs Complaint, pursuant to Pa. R.C.P. 2252(d) within twenty (20) days after service, or a default judgment may be entered against you. IRWIN & By: Date: February 3, 2006 Marcus I t, I 60 West omfret Street Carlis ennsylvania 1701 (717 249-2353 o. Supr Court ID21 Attorney for e en ant Jason Perkey 1 OLD DOMINION FREIGHT LINE, INC., Plaintiff v. JASON PERKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2005- 6371 CIVIL TERM CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH COUNTERCLAIM AND NOW, this 3d day of February, 2006, comes the Defendant, Jason Perkey, by his attorneys, Irwin & McKnight, and makes the following Answer to Complaint with Counterclaim to the Complaint of the Plaintiff, Old Dominion Freight Line, Inc.: 1. The averments of fact contained in paragraph one (1) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Complaint are admitted. 3. The averments of fact contained in paragraph three (3) of the Complaint are admitted in part and denied in part. It is admitted that the Defendant signed the contract. It is denied that the Plaintiff honored the terms of the contract and that the Defendant owes the Plaintiff any money pursuant to the contract. 4. The averments of fact contained in paragraph four (4) of the Complaint are admitted. 5. The averments of fact contained in paragraph five (5) of the Complaint are admitted. 6. The averments of fact contained in paragraph six (6) of the Complaint are specifically denied. On the contrary, the Plaintiff failed to provide the instruction which was originally promised to the Defendant. 7. The averments of fact contained in paragraph seven (7) of the Complaint are beyond the knowledge of the Defendant. They are therefore denied and proof thereof is demanded. 8. The averments of fact contained in paragraph eight (8) of the Complaint are beyond the knowledge of the Defendant. They are therefore denied and proof thereof is demanded. 9. The averments of fact contained in paragraph nine (9) of the Complaint are specifically denied. On the contrary, it is denied that the Defendant owes the Plaintiff compensation or legal fees. 10. The averments of fact contained in paragraph ten (10) of the Complaint are admitted in part and denied in part. It is admitted that the Plaintiff demanded payment from the Defendant. It is denied that the Defendant owes any payment to the Plaintiff. WHEREFORE, the Defendant respectfully requests that the Complaint of the Plaintiff be dismissed with costs paid to the Defendant. 3 COUNTERCLAIM OF DEFENDANT JASON PERKEY AND NOW, this 3rd day of February, 2006, comes the Defendant, Jason Perkey, by his attorneys, Irwin & McKnight, and makes the following Counterclaim against the Plaintiff, Old Dominion Freight Lines, Inc.: 11. The averments of fact contained in the Answers to paragraph one (1) through ten (10) of the Complaint are hereby incorporated by reference and are made a part of this Counterclaim. 12. The training provided by the Plaintiff to the Defendant was inadequate and not consistent with the training promised. 13. The Defendant was not provided the trips and schedules originally promised by the Plaintiff's representatives. The Defendant lost income and was forced to seek other employment. 14. The Defendant seeks payment of his diminished income and any expenses he incurred in receiving the inadequate training from the Plaintiffs. 4 WHEREFORE, the Defendant seeks judgment from the Plaintiff in an amount which is less than the sum of Thirty-Five Thousand and no/100 ($35,000.00) Dollars. Respectfully submitted, IRWIN & By: e , , MarchA ret Street 60 W Carlis sylvania 1701 (717) 49-2353 Suprem urt I.D. ] Attorney for the Defi Jason Perkey Date: February 3, 2006 OLD DOMINION FREIGHT LINE, INC., Plaintiff v. JASON PERKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2005- 6371 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert D. Kodak, Esq. KNUPP, KODAK & IMBLUM, P.C. 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 IRWIN & McKNIGHT By: Marcus A. N)efight; 60 West P fret Street Carlisle, P 17013 (717) 249-2 Supreme Court 1.D.. Date: February 3, 2006 6 Esquire '-,? ^') C -i --n ? ?? _x -n ?t;, :: ? r' ? ?? - r ??i 43 1 ?'i r?) ? ?, :? `.;S c?? . . 'i7 v pS- 1? 3'7( VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. SON PERKEY Date: February 3, 2006 r"; !J . ?1 -:1 ^' -r ??. r.,.. ? .r ':J 9 G? f' J 4.? :yJ :._ r? Robert D. Kodak, Esquire Supreme Court I.D. 18041 KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7151 Fax: 717-238-7158 Attorney for Plaintiff OLD DOMINION FREIGHT LINE, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NOS. 2005-6371 CIVIL TERM JASON PERKEY : CIVIL ACTION - LAW Defendant PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM AND NOW, comes Plaintiff, Old Dominion Freight Line, Inc., by its attorneys, Knupp, Kodak & Imblum, P.C., and responds to Defendant's Counterclaim and avers the following: 11. The averments of fact contained in Paragraphs 1 through 10 of Plaintiffs Complaint are hereby incorporated by reference and made a part hereof. 12. Denied. All training provided by Plaintiff to Defendant was adequate and was consistent with the training promised as set forth in the "Earn While You Learn" posting effective November 1, 2002 and attached hereto as Exhibit "A" and made a part hereof. 13. Denied. All training was adequate and was consistent with the training promised. The interview questionnaire attached hereto as Exhibit "B" and made a part hereof, specifically states "once you become a driver do you fully understand that you will be an as needed driver, which could require you to work either local or linehaul?" This interview was performed before the Defendant was FAUSER\ROBINUSC WORK\31799. Reply to CC.wpd 1 admitted to the Old Dominion Truck Driver Training Program and bears the Defendant's signature as proof of understanding and receipt. 14. Denied. There are no references other than an "as needed" driver in any document provided to the Defendant that would obligate Plaintiff to provide a specific or suggested amount of work as a driver. Furthermore, FMCSR Part 395 limits the time a driver may operate a commercial vehicle in Interstate or Intrastate commerce. Plaintiff adheres to this section and parts as applicable to I the job classification. WHEREFORE, Plaintiff seeks judgment in favor of Plaintiff and against Defendant as prayed for in its Complaint and seeks judgment in favor of Plaintiff and against Defendant on Defendant's Counterclaim. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff FAUSEMROBIMMISC WORK\31799.Reply to CC.wpd 2 EFFECTIVE. 11101102 POST POST POST POST TRUCK DRIVER TRAINING PROGRAM INFORMATION SHEET "BARN WHILE YOULEARN" Effective November 1, 2002 - Old Dominion Truck Driver Training Program is available, WITH PAY , to all interested employees who can qualify and are agreeable to be an "as needed" driver for local and/or line haul status. QUALIFICATIONS REOUIRED: 1. Must be at least 21 years of age. 2. Must have a satisfactory work and attendance record. 3. Must agree to receive pre-class room yard training (min. 25 hours) on own time. The pre-entry yard training consists of 25 hours of supervised training on the yard on hooking trailers and moving them from yard to dock etc. This 25 hours can be received at your convenience in multiple sessions until a minimum of 25 hours is achieved. 4. Must have clean driving record: No convictions of alcohol or substance abuse within 4 years previous to date of school enrollment. (Candidates who have more than one such conviction in lifetime will not be considered.) Must meet current documented requirements for driver new-hires, with the exception of driving experience. 5. Must be recommended by Manager or Department Head. 6. Must be able to pass the DOT required Physical and Alcohol/Drug Test. 7. Must agree to be an "as needed driver" for local or road. The purpose of this program is to insure that Old Dominion has the drivers it needs for "peak periods". If a graduate refuses to drive, or accept a dispatch, he/she will be subject to termination or return to previous position, if available, and reimburse Old Dominion the $3500 cost of program. 8. Must sign agreement agreeing to reimburse Old Dominion $3500 for this training if employment is terminated prior to 12 months after completion of the driver training program, regardless who makes decision to terminate employment. 9. You will then receive one week class room training to prepare you for the CDL written exams for which you will be paid up to a maximum of 40 hours, at your current rate of pay. Classroom time cannot be missed or proportioned EFFECTIVE: 11101102 After the classroom portion of the training, you will be paid up to 10 hours per day for 24 days or 240 hours of on the job training with a designated and qualified driver trainer. You should become a qualified driver within a minimum of 240 hours of training with a designated driver trainer. After successful completion of the Truck Driver Training Program, your pay rate will be increased as follows: P&D/Combination Drivers Graduates with less than one year with ODFL at the time of graduation, will be raised $.50 per hour, except that if their new rate is less than the P&D start rate, they shall be raised to the driver start rate. Service Center Managers, in their own discretion, may grant "step increases" up to the 12 month rate in accordance with the current policy. Upon their one year anniversary as a driver, they will be raised to the 12 month P&D rate. From that point forward, they receive increases within the normal pay scale policy for their location in accordance with their driver anniversary date. Graduates with more than one year with ODFL at the time of graduation, will be raised $1.00 per hour, except that their new rate may not exceed the 12 month P&D rate. Upon their one year anniversary, as a driver, they will be raised to the 12 month rate. From that point forward, they receive increases within the normal pay scale policy for their location in accordance with their driver anniversary date. Linehaul Drivers All graduates becoming Linehaul drivers will start at the line haul driver starting rate. From this point forward, they receive the 6, 12, & 24 month increases, per our "PAYSCALE FOR LINEHAUL DRIVERS" Policy, in accordance with their driver anniversary date. ABOUT WHAT YOU WILL EXPERIENCE: 1. Interview - If recommended for the program, you will be interviewed by the field safety supervisor or manager of safety compliance & training. This is to make sure you understand what is required and expected of you and what you can expect from the program. 2. Commercial Drivers License (CDL) - We are ready to assist you in getting your CDL Learners Permit. We will help you study and take mock tests to prepare you for the real test during the program. 3. Class Room Training/Instructions - Will consist of approximately 36 to 40 hours of rules and regulations, policies, hazardous materials handling, accident prevention, accident reporting, fuel economy, drivers logs, customer relations, paperwork, and tests. EFFECTIVE: 11101102 4. Yard Training - Will consist of proper equipment inspection, hooking, backing, pulling twin trailers, shifting gears, etc. 5. Local P&D Training - Selected Driver-Trainers will continue your training on the street where you will perform all responsibilities of a Professional Driver. He will assist you in everything taught in school and especially driving. 8. Line Haul Training - As above except on road trips. NOTE: Each Driver Trainer must insure you are ready to move on to the next step. The amount of time it takes for you to complete the training will depend on your own ability to safely operate a Commercial Vehicle. 9. Final Road Test - When your Driver-Trainer(s) are confident that you are ready to begin driving on your own, you will receive an extensive final road test by the Safety Supervisor or the Vice President of Safety. 10. Certificate of Achievement - Upon completion of the Truck Driver Training Program, you will receive a certificate of achievement. 11. First Solo Trip - Your first few trips will be traveled in less congested areas, if at all possible, to build confidence. Management will work with you in work scheduling, etc., to allow you flexibility to attend the Old Dominion Truck Driver Training Program. If you are interested in enrolling in this program notify your Manager immediately to complete an application to attend and arrange for an interview with your Field Safety Supervisor. NOTE: THIS REVISED "EARN WHILE YOU LEARN" PAYMENT PLAN IS NOT APPLICABLE TO ANYONE CURRENTLY IN THE PROGRAM, OR HAS PREVIOUSLY COMPLETED THE PROGRAM, AND ONLY APPLIES TO THOSE WHO START THE PROGRAM ONAND AFTER NOVEMBER 1, 2002. SF 11/07/02 revised 08/31/04 ,.,...._rJun, 21. 2006- 2.48PM OLD DOMINION 2080-0. Date Of Interview: Employee Name: Old Dominion T uck Driver Training --- - interview Questionnaire -A 0 ) Z0_ Domiciled service center. J6? . Ft so M tOe,e- ee. yi Employee No: ? ? 3 3 1Home Phone No,( 7/ ? );218 - O 1 YC What Has Prompted You To Attend, The Old Dominion Truck Driver Training Class? ?aTf?+r- (n1kS rA,&w QRiv<lZ eorrchT4 (3?S DO-to"` Do You Have Any Prior Driving Experience In Either A TrF or Srr? Yes No If Yes, Please Explain: /owe. , c) o ' 8,4 & S 7-A .a, rt% ( q M ° s Have You Ever Hooked And Unhooked Doubles? Yes No' Has Your Manager Or Supervisor Explained This Program To You, AnjAiVR A Copy Of The Program Information Sheet'Tarn While You Learn "• Yes No Do You Understand And Agree, That According To The Federal Motor Carrier Regulations, You Must Pass A Physical And Drug Screen Before You CpAp Accepted Into This Or Any Other Commercial Driving Program": ? / No Do You Fully Understand About The Agreement You Must Sign To Attend This Training, And That It Is Binding For 12 Months After Graduation from ? Yes / No Once You Become A Driver Do You Fully Understand That You Will Bes Need Driver, Which Could Require You To Work Either Local or Line Haul. Yes No Which Would Be Your Preference? Local Line Hau Do you have, or will you pick up and begin to familiarize yourself with yo e's CDL manual? Yes I )NO 1 Fully Understand And. Agree Th Must Cote This Program Within 90 Days Of The First Day Of Class Or I'll Be opped F m he Program. Trainee Candidate Signature! ( 141 r? Interviewers Remarks: Interviewers Signaturf? ??' ?? RevnaN 11-1-02 VERIFICATION I, Sam Faucette, CDS, Manager, Safety Compliance and Training of OLD DOMINION FREIGHT LINE, INC., verify that the statements made in the aforegoing Plaintiffs Reply to Defendant's Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. OLD DOMINION FREIGHT LINE, INC. Dated: - l bl zw(0 By: Title: _Manager, Safe!y Compliance and Training 31799 FAUSER\ROBINWISC WORK\31799.Reply to CC.wpd 3 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on / Z- , 2006,1 served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDA T'S COUNTERCLAIM in the above- captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: MARCUS A. MCKNIGHT III ESQUIRE IRWIN & MCKNIGHT 60 WEST POMFRET STREET CARLISLE, PA 17013 KNUPP, KODAK $ IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: Z d FAUSERIROBINUSC WORK131799.Reply to CC.wpd ?_._ _ _. J _ , _ ??' ? m.? (.,?..? .'0.V OLD DOMINION FREIGHT LINE, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : NO. 2005-6371 CIVIL TERM JASON PERKEY : CIVIL ACTION - LAW Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Esquire, counsel for the plaintiff/defendant in the above action, respectfully represents that: 1. The above-captioned action(s) isfam at issue. 2. The claim of plaintiff in the action is $3,979.15, plus interest from February 14, 2005. The counterclaim of the defendant in the action is: $35,000.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.) AND MARCUS A. MCKNIGHT, III, ESQUIRE (IRWIN & MCKNIGHT) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. submitted, AND NOW, actions) as prayed for. ftA Robert D. ooak, Esquire Kodak Imblum, P.C. PO BO 11848 Harrisburg, PA 17108-1848 (717) 238-7151 ORDER OF COURT 2006, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or BY THE COURT: GEORGE E. HOFFER, P.J. CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on August 1 , 2006,1 served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: MARCUS A MCKNIGHT III ESQUIRE IRWIN & MCKNIGHT 60 WEST POMFRET STREET CARLISLE, PA 17013 KNUPP, KODAK & IMBLUM, P.C. Robert . Kodak, Esquire 407 orth Front Street Pos Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: August 2006 P ,..#, 70 '*` j p ?•. ,? O L Fy cs? 1 A G. w Q F -i C3 -c (,, Pla {ff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. C:,S -,( ?-7 L Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Si e Name (Chairman) r Signa e Name -? : NDWO Law Firm Law Firm ' , 9- Address Address City, Zip Zip ? ? v (S ? ? #' i x'183 -# 1o3a7 Award V r 1rM U Address -k- f - wkj?Mllio city, Zip :# Iq 105 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the followi.Y award: ote. If da?ma?es f delay are awarded, they shall be separately stated.) -e Lk AnA,4 4&, 7i . Arbitrator dissents. (Insert name if applicable.) Date of Hearing: </ (Chairman) Date of Award: !© c5 ( 'P w Notice of Entry of Now, the ?I day of pjem r , 20Qj&_, at _, A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 0M. DQ By: Deputy 40 Poe Gam' ?? ?. 0tp i d?$ rr-? c OLD DOMINION FREIGHT LINE, INC.: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JASON PERKEY : NO. 2005-6371 CIVIL : CIVIL DIVISION -LAW Defendant : PRAECIPE TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff, OLD DOMINION FREIGHT LINE, INC., and against the Defendant, JASON PERKEY, per the attached copy of the AWARD from Arbitrators and NOTICE OF ENTRY OF AWARD filed with this Honorable Court on November 2, 2006. Please enter Judgment in the amount of $2,000.00 per said Award. TO: Cumberland County Prothonotary Dated: Tuly_9, 2007 '0? Robert D. Kodak, Attorney for Plaintiff Attorney I.D. No. 18041 Plaintiff 1 h ?. Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. Cam-'- 3`7 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. r go/0 I,& Si to a Sign e i e Name vName (Chairman) ti Name -? , 51DWO Law Fir n Law Firm Address Address City, Zip C1161 zip I`-rb(S a Firm ,?W,45?0 - 71b- Address City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the followlu award: (dote: If V es f delay are awarded, they shall be separately stated.) 2. 6oo. IS Date of Hearing:^Wr- i (.1 .moo Date of Award: 10 i b(p (Insert name if (Chairman) Notice of Entry of Now, the _ day of NogjaMjXr , 20_01.0 ,, at ?, _&.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ M, OD TRUE COPY FROM RECORD By: i To moray whVW, I here unto eet my Wft 141d so 01 . P& OLD DOMINION FREIGHT LINE, INC.: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-6371 CIVIL JASON PERKEY : CIVIL DIVISION - LAW Defendant : TO: JASON PERKEY, Defendant(s) You are hereby notified that on JUly fa , 2001 the following (Judgment) has been entered against you in the above-captioned case. judgment entered in the amount of $2,000.00. DATE: T la o 5 4. pra th notary I hereby certify that the name and address of the proper person(s) to receive this notice is: JASON PERKEY C/O MARCUS A. MCKNIGHT III, ESQUIRE LAW OFFICES OF IRWIN & McKNIGHT 60 WEST POMFRET STREET CARLISLE PA 17013-3222 Dated. July 9, 2007 Robert D. Kodak, Attorney for Plaintiff T t J OO -? _ C J ?j Q -ow PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.F. 3101 to 3149 OLD DOMINION FREIGHT LINE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs JASON PERKEY Writ No. Term 20 No. 2005-6371 CIVIL Term 2005 Amount due $ 2,000.00 Interest FROM DATE OF TUDG - 07/12/07 Atty's Comm. $ 100.00 11 SOUTH SP1U NG GARDEN STREET Costs to be determined $ CARLISLE, PA 17013 Defendant(s) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania (2) against JASON PERKEY e en ans ; (3) and against anus ee s ; (4) and index this writ (a) against JASON PERKEY e en ans an (b) against arnis ee s , as a Us pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVY UPON ALL PERSONAL PROPERTY OFTHE ABOVE-LISTED DEFENDANT(S) ATTHE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT L.IMYFE17 TO CASH ON HAND, EQUIPMENT, FURNITURE, JEWELRY, ELEC'MONICS, VEHICLES, SUPPLIES, ETC. (5) Exemption has (not) been waived. Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 8/24/07 Attorney For Plaintiff(s) (3)30TE aTnu aag •paaTsap ez suepuad OFT v sv buzxapUT Puv Pagovaav eF QOR6Tu2vb aqz ;o awvu aqa UT Alaadoad Tvea ;T AT- paaaTdwoo eq pTnoge (q)(3) gdazbvaud '(q)voT£ aTng aag ?Czvzouogaozd aqa dq AZUnoo avga uT 8sxn00 ;0 ev paxinbaa st buixapui daunoo aagaouv oz Banes? aTam aga uagM '(v)60TE aTn-d dq p"-;loganv se paxrssp ei 'aouvansei ;o A-4unoo aga uT suoianoaxa aga ;0 buixapui JT dTuo pazaTdwoo aq pTnoge (v) (t) gdvsbvaud (aT?+ aqa uT papnTOUT aq oa eT aagstusvb pawvu v uT dTuo paaaTdwoo aq pTnoge anogv) (E) gdvabvavd • panes.. t3gM ut A-4-00 aq-4 ;o m-Zage aga oa dTuo paz002Tp aq Avw zuawbpnp pasza;suv.%a v uo penesz axz+ v (0) EOTE aTng sapup •paav0ipui aq.pTnoge Awnoa aga '-(q)£oTE aing Aq pez-famprv ev Aluno0 iagaouv ;0 ;;jIage aga oa PazOaaTP ST arses agz uaga (Z) gdaxbvzvd sapun SION of N ? ?. N v iri V H H ? O y Aw w 0 1 z S O 3 z i Eamon 'a c 6a 9.?, "? d t? ti 1 g tr1 ' LD M Wp pr _ _m D c-n 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6371 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OLD DOMINION FREIGHT LINE, INC., Plaintiff (s) From JASON PERKEY,11 SOUTH SPRING GARDEN STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO CASH ON HAND, EQUIPMENT, FURNITURE, JEWELRY, ELECRONICS, VEHICLES, SUPPLIES, ETC. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,000.00 Interest from Date of Judgment - 7/12/07 Atty's Comm $100.00 % Atty Paid $144.17 Plaintiff Paid Date: 8/28/07 (Seal) REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & 51BLUM, PC PO BOX 11848 HARRISBURG, PA 17108-1848 Attorney for: PLAINTIFF Telephone: 717-238-7152 Supreme Court ID No. L.L. $.50 Due Prothy $2.00 Other Costs /3/ nu4t? IC. . CArtis R. Long, Pro'th/ono By: &JoLa k ? Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6371 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OLD DOMINION FREIGHT LINE, INC., Plaintiff (s) From JASON PERKEY, 11 SOUTH SPRING GARDEN STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO CASH ON HAND, EQUIPMENT, FURNITURE, JEWELRY, ELECRONICS, VEHICLES, SUPPLIES, ETC. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,000.00 Interest from Date of Judgment - 7/12/07 Atty's Comm $100.00 % Atty Paid $144.17 Plaintiff Paid Date: 8/28/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs )S/ a," P. " C is R. Long, Prothonotai3d By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM, PC PO BOX 11848 HARRISBURG, PA 17108-1848 Attorney for: PLAINTIFF Telephone: 717-238-7152 Supreme Court ID No. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. - eriff's Costs: Advance Costs: 150.00 . CIL- Sheriff's Costs 70.53 c-, eting 18.00 79.47 dage ising 1.39 L 'Library .50 Prothonotary 2.00 Refunded to Atty on 04/30/08 Mileage 8.64 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee TOTAL 70.53 ? ?/6 y/b 8 So Answers, < A 4 sK li R. oma B y 01. c42 4 3 4 do?.r?