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Home My WebLink About02-2243TOWAWAY EXPRESS, 1NC., Plaintiff V. CLEVENGER LOGISTICS, 1NC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, CUNN~GH~ & ~HERNICOFF, P.C. Henry W. V~[r] Eck, Esquire - I.D. #83087" 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas diguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avidaso que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinem o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TINE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: Henry V~ Van Eck, Esquire 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Plaintiff TOWAWAY EXPRESS, 1NC., Plaintiff V. CLEVENGER LOGISTICS, 1NC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, : : CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Towaway Express, Inc. CPlaintitT'), by and through its counsel, Cunningham & Chernicoff, P.C. and files its Complaint against the Defendant, Clevenger Logistics, Inc., and in support thereof avers as follows: 1. Plaintiff, Towaway Express, Inc., is a Pennsylvania business corporation having its principal place of business and its central business office located at 500 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Clevenger Logistics, Inc., is a Pennsylvania corporation having a principal business address at 2380 Back Run Road, MeConnellsburg, PA 17233. COUNT I BREACH OF CONTRACT 3. The allegations of Paragraphs 1 through 2 of this Complaint are hereby realleged and incorporated by reference as if more fully set forth. 4. On or about October 1, 2001 and again on or about October 5,2001, Defendant and Plaintiff entered into two (2) agreements whereby Plaintiff agreed to provide towing services to Defendant in exchange for Defendants' promise to pay for such services (the "Agreements"). 5. As part of the Agreements, and in accordance with ICC regulations, Defendant agreed to pay Plaintiff for such services within fifteen (15) days after receiving a freight bill. 6. Defendant also agreed to a service charge of I 1/2% per month (18% annually) for all freight bills not paid within thirty (30) days of the date of such freight bill. 7. On or about October 1, 2001 and again on or about October 5, 2001, and in accordance with the above agreements, Plaintiff did provide towing services to Defendant totaling $4,082.50 as more fully set forth and evidenced by the following schedule: DATE .INVOICE NO. 10/1/01 42646 10/5/01 42648 AMOUNT $2,375.00 $1.707.50 TOTAL $4,082.50 True and accurate photocopies of each of the above referenced invoices are attached hereto and labeled Exhibit "A". Such invoices provide evidence of the two (2) Agreements. 8. Plaintiff provided the aforementioned towing services with the understanding that such services would be paid for within fifteen (15) days after Defendants' receipt of invoices for such services. 9. On or about February 4, 2002, and at various time preceding such date, Plaintiff demanded that Defendant pay for the services provided by Plaintiffas set forth above. Defendant wrongfully has refused and failed to pay Plaintiff for such services. 10. Defendant has breached the Agreements by failing and refusing to pay Plaintiff for the services provided in accordance with the terms of the Agreements. 11. Defendant has no legal excuse for its' failure and refusal to perform under the Agreements as regards paying Plaintiff for the services provided as alleged and set forth above. 12. All conditions precedent to recovery by Plaintiffhave occurred. 13. Because of Defendants' failure and refusal to pay for the services provided by Plaintiff in accordance with the Agreements, Plaintiff has been damaged in the sum of $4,082.50, not including interest, charges, and attorneys fees no part of which has been paid to Plaintiff. WHEREFORE, Plaintiff, Towaway Express, Inc., respectfully request a judgment in its' favor and against Defendant Clevenger Logistics, Inc. for: Money damages in the amount of $4,082.50; Pre-judgment interest on $4,082.50 at 18% annually; Costs of suit; Post-judgment interest at 6% annually; Reasonable attorney fees; and Such further and additional relief as the Court deems proper and just. COUNT II UNJUST ENRICHMENT 14. The allegations of Paragraphs 1 through 13 of this Complaint are hereby realleged and incorporated by reference as if more fully set forth. 15. On or about October 1,2001 and again on or about October 5, 2001, Plaintiff, at the request of Defendant, provided towing service to or for the benefit of Defendant, and Defendant promised to pay Plaintiff for same. 16. The terms of the Agreements are more fully described above in Paragraphs 5, 6, and 17. The services provided have a cash value of $4,082.50, not including interest or other freight charges. 18. No part of the sum set forth above has been paid by Defendant to Plaintiff, although Plaintiff has demanded payment of that sum on or about February 4, 2002, and at various times preceding that date. 19. As a result of the services having been provided to or for the benefit of Defendant, Defendant has been unjustly enriched at the expense of Plaintiff. 20. In engaging in the conduct herein above averred, Defendant has acted willfully, maliciously, and with wonton disregard of Plaintiffs' rights and interest. WHEREFORE, Plaintiff, Towaway Express, Inc., respectfully request a judgment in its' favor and against Defendant Clevenger Logistics, Inc. for: Money damages in the amount of $4,082.50; Pre-judgment interest on $4,082.50 at 18% annually; Costs of suit; Post-judgment interest at 6% annually; Reasonable attorney fees; and Such further and additional relief as the Court deems proper and just. By: Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Her~r~ W. ~an Eck, Esquire I.D. #83087 2320 North Second Street P.O. Box 60457 Han'isburg, PA 17106-0457 (717) 238-6570 msm\docs\complain\tow-cle EXHIBIT "A" , 'TOVLrAW EXPRESS, INC. ,Remit. TO~/?,~,~ ., AMERICAN TRAWl'f "ER TRANSPORTERS *PHONE: ;'1 '" PA 17072~9981 /~ FREIGHT SILL NO. DATE: ~10~01/01 ADDRESS: SHTPPENSBURG, PA . , CONSIGNEE ADDRESS: SILL .TO: ,JOB SITE ,.LAKE CHARLES, LA CLEYENGER LOGISTICS INC. 2380 BACK RUN RD. HCCONNELLSBURG, PA 17233 ' AUTHORIZED TOLLS & FUEL 334 ' L ~ W H 1280 COMMODITY OEECRIIrrlON ~ERIAL # AUTHORIZED ADDITIONAL STOPOFF : TARIFF 400 - Item 2000 WEIGHT RATE ZbUUU The I,C.C. requires freight bills to be paid within 15 day. of date of receipt. A SERVICE OHARGE OF 1~% PER MONTH (18% ANNUALLY) WILL BE CHARGED ON ALL FREIGHT BILL~ NOT PAID WITHIN 30 DAYS OF DATE OF FREIGHT BILLS CHARGE $1,/UU.UU $675.00 TOTAL DUE OFFICE SHIPPER:. ADDRESS: coN$1oNE~: .T _ EXPRESS, INC. AMERICAN T'RAILER TRANSPORTERS FREIOHT BILL NO. PA 17072-9981 ,.3OB SITE 1-81 SH~PPENSBURt~, PA JOBSITE 42648 DATE: LAKE CHARLES, LA CLEVENGER LOGISTICS,. INC 2380 BACK RUN RD ) HCCONNELLSBURG, PA 17233 SANDER.CHARLES 325 .L,,~ .~'~?w H 1280 400 '' Item 2000 LOP.._,2~__~ ,~-~., ,...---.. C~M~TY DEgCRI~ION ..... BERIAL ! WEI~._. RATE SERVICE CHARGE OF 1~% PER MONTH (18% ANNUALLY) WILL BE CHARGED ON ALL FREIGHT OFFICE BILLS NOT PAID WITHIN 30 DAYS OF DATE OF FREIGHT BILLS TOWAWAY EXPRESS, INC., Plaintiff V. CLEVENGER LOGISTICS, INC., Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW VERIFICATION COMMONWEALTH OF PENNSYLV~ANIA: COUNTY OF DAUPHIN: I, Henry W. Van Eck, Esquire~ beingduly sworn according to law, deposes and says that he is the attorney for Plaintiff, in thb within action; and that the facts set forth in the foregoing Complaint are tree and correc~o the best of my knowledge, information and belief. . ~/~ ._~..., ~f. ~ir~e ~j~.- Henry W~an Eck, Esqu' SWORN and Subscribed to before me this ~)~ r"t-day of April, 2002 I-lo,my R Boyer, notary Public I · _Harrisburg, Dauphin County I My ,,.;ommisslon Expires Aug. 23, 2004 I Member, Pertnsytvania Association ot Notaries SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-02243 p COMMONWEALTH OF PENNSYLVANIA: COUNTy OF CUMBERLAND TOWAWAY EXPRESS INC VS CLEVENGER LOGISTICS INC R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CLEVENGER LOGISTICS INC but was unable to locate .Them deputized the sheriff of FULTON serve , Sheriff or Deputy Sheriff who being says, that he made a diligent search and in his bailiwick. County, the within COMPLAINT & NOTICE to wit: He therefore Pennsylvania, to On ~ 13t~h , 2002 this office was in receipt of the attached return from FULTON Sheriff,s Costs: Docketing Out of County Surcharge Dep Fulton Co 18.00 9.00 10.00 24.80 .00 61.80 09/13/2002 CUNNINGHAM & CHERNICOFF Sworn and subscribed to before me this _~/~--~ day of ~ ~gOo J~ A.D. Return this form to Ctanberland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Towsway Express, Inc. VS. Clevenger Logistics, Inc. SERVE: same No. 02 2243 civil Now, May 8, 2002 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Fulton County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Affidavit of Service Now, A4 y within upon at by handing to and made known to ,20 0,7., at //~'oO o'clock ~ ~ ~1~/~ T' .~ M. served the copy of the original /~_,¢~ f ,~,~J C9~,F/,~/~7' the contents thereof. Sworn and subscribed before me this ~1 ~( day of (~ c~ ,20 Q3~ So answers, County, PA COSTS SERVICE MILEAGE AFFIDAVIT ~MMISSION ~PIRE~ FIB~ MONDAY IN JANUARY 2006-