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HomeMy WebLinkAbout95-03674 ~ a:. ~ . -jJ J o. ~ :J ::t t'- -.9 rfJ! I i I I ~.. .... ~ ~ , o -- ._~.-. -. ~J CARLISLE CARRIER CORP" plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-3674 CIVIL TERM v, USA DETERGENTS, INC" Defendant PRAECIPE Sir: Please enter our appearance for the defendant, FOWLER, ADDAMS, SHUGHART & RUNDLE By:/7~~_ ~, Addams supreme Court I,D, No,06265 28 South pitt Street P.O. Box 208 CarliSle, PA 17013 (717) 249-8300 TO: Lawrence E, Welker, prothonotary DATE: July 31, 1995 i!, . ., 1"(. ~n" SGI \\t, Zlt \ \ ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewrlllen and submllled In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the lollowlng case: (Check one) for JURY trial at the next term 01 civil court. X lor trial without a jury. . ......_.__..................u.............................................................................................................................................. CAPTION OF CASE (entire caption rnust be stated In lull) (check one) Assumpsit Trespass CARLISLE CARRIER CORP., Trespass (Motor Vehicle) Civil Acti~n - Law (other) (x ) (Plaintiff) vs. The trial list will be called on Aoril 22, 1996 USA Dm'ERGENl'S, IOC., and Trials commence on May 20, 1996 Pretrials will be held on May 1, 1996 (Brlels are due 5 days belore pretrials.) (The party listing this case lor trial shall provide forthwith a copy 01 the praecipe to all counsel, pursuant to local Rule 214.1.) (Delendant) vs. No. QS-3674_ Civil Term 19 __ Indicate the allorney who will try case lor the party who Illes this praecipe: David W. Deluce, Esquire, 301 Market Street, P.O. Box 109, 12mDyne, PA 17043-0109 Indicate trial counsellor other parties II known: William A. Addams, Es~re~..!':..O~x _ 208, Carlisle, PA 17013-0208 This case Is ready for trial. S1g,(J~~~ Print Name: ~vi." W. _~W.gg__ Allorney lor: _Plaint~~f___._. Date: 421/~--- ,,' "'J -, t:;: c,-; L. .-" L-.J .,""] ':'8 'I'll :: J .:::;J -';111 ." ":-"'" , .~ '. \::J ", I , :J. CARLISLE CARRIER CORP.. Plaintiff #34 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - lAW USA DETERGENTS, INC. Defendant NO. 95-3674 CIVIL TERM PRETRIAL CONFERENCE At a pretrial conference held May 1, 1996, before Edgar B. Bayley, Judge, present for the plaintiff was David W. Deluce, Esquire, and for the Defendant, William A. Addams, Esquire. This case will be tried without a Jury at 8:45 a.m., Wednesday, July 24, 1996. ,/ Edgar David H. Deluce, Esquire For Plaintiff William A. Addams, Esquire For Defendant I :prs ,-. "', (. 1 : r; : -,., . j-';:' 1-=, l " u r....- . ~"' : r~ . ..,- , +-+ ., ) -". ~ -:') ;101 , - .~ :,:; .... '. 00826I-00014/luno 28, 199"OWI)/MII/44B41 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- '~ }C/ CIVIL TERM CIVIL ACTION. LAW CARLISLE CARRIER CORP.. Plolnllll USA DETERGENTS. INC., Dofondont NOTICE TO OEFENO To the Dofendant: You hovo been sued In court, If you wish to defend against the claims set forth in tho following pagas. you must toke acllon within twenty (20) days of tar this complaint and notice are served, by entering e wrlllen appearonco personally or by allorney and filing In writing with the court your defense or objoctions to the claims set forth against you. You are warned that if you fall to do so the case may proceed without you and a judgment may be entored against you by the court without further notice for eny money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or proporty 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. Court Adrninistrator Cumberland County Court House 1 Courthouse Square Carlisle. Pennsylvania 17013 Telephone: (717) 240-6200 OOU61.00014IJunc Z8. 19951DWDIMJl/4484t CARLISLE CARRIER CORP., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 95- SL 7'1 CIVIL TERM vs. CIVIL ACTION - LAW USA DETERGENTS, INC., Defendant COMPLAINT AND NOW, comes the Plaintiff, Carlisle Carrier Corp., by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and avers in support of this Complaint as follows: 1. Plaintiff Carlisle Carrier Corp. is a Pennsylvania corporation with its principal place of business located at 6380 Brackbill Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant USA Detergents, Inc. is a Delaware corporation with its registered office located at the Corporation Trust Center, 1209 Orange Street, Wilrnington, Delaware 19801, who regularly conducts business in the Commonwealth of Pennsylvania. 3. Plaintiff operates as both a common and contract carrier trucking cornpany engaged in interstate and intrastate trucking of goods and products. 4. Through the use of a sales agent, in August 1993 Defendant hired the Plaintiff to ship its products by truck from Defendant's places of business to locations in Pennsylvania, under certain terms and conditions. 5. During the course of their business relationship, Defendant would notify Plaintiff at its office in Mechanicsburg, Pennsylvania to pick up a load at a certain location and deliver it to specified locations, most of which were in Pennsylvania. 00826I,OOOI411u".28, IVV5/0WDIMIII4484t .. 6. Pursuant to tho agraement of the parties, the Defendant supplied the pallets for shipping of its products on Plaintiff's trucks. 7. Duo to this arrangement and with Defendant's permission, when Piaintiff's trucks arrived at Defendant's place of business, Plaintiff would unload the empty pallets from its trailers for storage at Defendant's place of business. 8. According to the agreernent regarding the pallets, Plaintiff was to later make arrangements to come to Defendant's place of business to pick up the excess pallets or, if Defendant chose to do so, Dofendent could purchese the pallets from Piaintiff. 9. This agreoment regarding the pallets was confirmed in writing in a letter from the sales agent dated August 30, 1993 to Gary Kahn an ernployee of the Defendant who approved this arrangernent, Attached hereto and made a part hereof as Exhibit" A" is a true and correct copy of said correspondence signed by "G. Kahn." 10. Plaintiff has attempted to make arrangements with Defendant and its representatives to retrieve its pellets but the Defendant has refused to allow the Plaintilt to do so. 11. Throughout their business relationship from August 1993 to October 1994, Plaintiff issued invoices in the normal course of business to Defendant for the shipping services provided which were paid by the Defendant corporation at Plaintiff's place of business in Mechanicsburg, Cumberland County, Pennsylvania. 12. Plaintiff has reviewed its business records and based thereon, has determined that Defendant Is in possession or has obtained 5.421 pallets which were owned by Plaintiff. 13. Based upon Plaintiff's knowledge of the industry, it avers and therefore believes that the cost of a forty-eight inch (48") by forty inch (40") four way entry, grocery industry, wood pallet delivered to Plaintiff's place of business would amount to $8.70 per pallet. oo8261-OOO14/1uoo 28, t9951DWD/MIl/44841 14. As a result of Defendant's breach of contract and failure to adhere to the terms and conditions of the agreement batween Plaintiff and Defendant, Plaintiff has suffarad damages of $47.162.70 calculated as follows: 6.421 pallets x $8.70 per pallet = $47,162.70. 16. Plaintiff has demanded In writing access to retrieve its pallets from Defendant or the payment for the value of the pallets which are improperly being kept by Defendant, both of which has been refused and denied by representatives of the Defendant corporation. WHEREFORE, Plaintiff demands judgment be entered in its favor and against the Defendant in the amount of $47,162.70 plus interest from October 1994. and costs of suit. Date: 7 1&; /qS- , , DUFFIE, STEWART & WEIDNER .i(/) /" y/~ It X/'~~ David . Del e Attorney 1.0. No. 41687 301 Market Street P.O. Box 109 lemoyne. PA 17043-0109 Telephone (717) 761-4640 Attorneys for Carlisle Carrlar Corp. By: ...".,. oo8~ill.OOOI4/Junc ~8. 199"DWD/MII/44841 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : 5S: David L. Metzler. being duly sworn and according to law. deposes and says that he is the President of Carlisle Carrier Corp., the Plaintiff named In the foregoing Complaint; that as such he is authorizad to rnake this Affidavit on Plaintiff's behalf and has knowledge of the facts set forth in the foregoing Complaint; and that said facts are true and correct to the best of his knowled e. information. and belief. Sworn to and Subscribed to me this 3CJ day of :JO/.Je. . 1995. ;{~~?:!:lt4 MV Commission Expires: NOla".1 Seal 1 Lol8\la C. Mellie,. Notary Public MechanlClburu Born, Cumb8~Bl1d Cou~" My Commission f..plr8~ .Jan_ 2~w~:~!' Membor, PernsytvallUf1j'''''' l:'hllIlll,M t..jo;....,.w ~....&..n...16 A ""...l..'......~.....(" '''''''1...,. It\" N'."HD (j) 'I f'. '. ,< ~~ - I '. . . ,0 &~~Jnc. .;C .. GARY KAHN U.S,A., l>2'l'BRGENTS me. 112 WHI'I'MAH AVB, BDISON.N1,1II817 D&\R..OAR,Y, AS PHI OUR PHONB CONWRSATJON TfUS MORNING (!AD1IU CAlWBRS DIO AGRSB TO TAnI YOOI. P.W. WOOLWORTH DBNVBR.PA. ON A PALUrr BXCHANGB RATS, THIS RATS WJLt, DB $4ClO.OO PBa LOAD. nos IS THB ONLY TRAFFIC LANB THAT CMLISLB JS MOVINa ON A PALLBr BXCH'AN'GB BAS:ElS AU. OTHER MOvSS A1Ul ON SHlPP.BItS PAUSl'S, NOW.IN OJU)BR TO MAXB THIS WORK AS U.S.A. WILL HAVB TO IQ!SP TRACK OP THB PAUZrS THAT CARLlSLB BRINGS IN TO YOU AND THE BIL ON TBB DBNVER. MOVE CAN DBTBllMIN8 THB I'ALLBTS CARIJSLB TAKES our, CA" IClLS WILL HAVE JOB FBIDISH J:BBP TMCIC 01' TUB PAUBl'S ON'IHEIR BND. IN MasT CASES CA.RlJSLB WILL HAW -48 PAlJJrJ'S ON THEIR T1Wl.2RS so FOR. EVERY TRAlLBR llIBY 8R1NG Dr THEY SHOUlD HAVE BNOUCH PALLBTS POll 'tWO LOADS our, ALSO FROM TIME TO TIME AS NElIDBD CAvf mf.fi WlLL BRING IN A FUlL TJV.I1Jm LOAD OF PALl.EI'S, LAST THURSllA Y YOU SAID THAT SO PAR. NONS OF THB CAJWSJ..B TRAlums THAT HAD LOADED HAD PALLBrS ON THlIM APROX. 10 LOADs sa ON FRIDAY 8/27 CARLISLE BROUOJ!T.IN A PUlL LOAD TO YOUR PLAm' 400 PALLB'I'S L.1. IWCBlVED 'J'HBM so'WE SHOULD BE IN GOOf.) SHAPE. PROM '11MB TO TIME CAlWSLB WIU. COMB IN ANI> PICK UP TIm EXCESS PAl.l.B1'S FOR 'mBIll mm, 1lIBY WILL CALL YOU IN ADVANCB AND CiO ova THB PALLBT ACCOUNT TO D.BTBRMINB HOW MANY THBY WILL DB PICKJNo . UP. . wmr..u nmsa PAU1n'S ARB IN YOIm POSSEsSION JlBBL PRBB TO usa THIlM ]II YOU NBBD TO. AOOUsr ~.t'" } '. , .' _ '., '0. '. 'Bargo ~ iJ4iliSri:eJnci tillOUlHlI/lIIlIII'l. f ~ ~ ~ PAGS :a ALSO pr YOU WAHl' TO BUY THB BXCIlSS PAUSTS PROM CAD' .~r B "~""P CA' r. SOO1T PBOPLBS AND BB WILL. urr YOU KNOW HOW J.lAHY HB CAN'SPARS AND AT WHAT PRICB HB WlIL SELL T.I:I8K FOR. ClARY'LBASB LBT WB KNOW JP 'I'HB1m IS ANY PARr OJ' THIS 'mA'f YOU DO J\IOr UNDERSTAND OK ACW!B WrIH AND J WILL DB GlA!) TO GO OYIIR. rr wrm YOU. . PLEIASS AOCNOWUlDGI3 RI\r'~1Y1 OF THIS PAX ANb TBB RATS WJU. BB IN' Ml'~l' AS OP THIS DATB. 1t1II~ -13~ WALT MRCLAY BAROO TJlANSI'ORTAl1OH P,S. J LOOK PORWARD TO A'ITBNDINO THB ORAND OPBNIN'G OP YOUR. }\IEW PLANr NEXT 1.tC>>lTH. CC: DAYS JdBl'ZLBR cc: Sc:orr PEOPLBS CCz10B JlIIl..OISB ~~ Gr '. '.. ,I '. ~ .,.... '.. . " Q~~ ~'1--~ - '->J '-N ~ -...J "'-l ~ 7ZJ ~ , ~~ ~'I. S-\~ ~ C': r----- \~ <- t:; .- L:"j c. ('., -. - . -~ -: """", l~ u:t c..n -'--'-',"':..'t.-~~.:;.:----. / . . , , ; LAW OFFICES JOHNSON, D!lFF1E, STEWART (/ WE~ ., \1J~ 'w';"", ",,!-, ^'.,....<:I'>-;ii<"'~""''''. ..-.. '^PR 2 9 1006 '*' 301 Mlrke, Sltee' P. O. Box 109 Lemoyne. Pennsylvlnll 17043.0109 Telephone (717) 76t-fm Telecopler (717) 761,JOt5 *II .- .. .... . ~ F .f .~..... ,;..',: --:0"--- ..._.__. ._ .'~ _._ \ -L. OOI26HIOO14/April2$. 19961DWD/MHI52636 CARLISLE CARRIER CORP.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-3674 CIVIL TERM Plaintiff vs. CIVIL ACTION. LAW USA DETERGENTS. INC.. Defendant PRE-TRIAL MEMORANDUM OF CARLISLE CARRIER CORP. I. LIABILITY Plaintiffs filed e Complaint on July 10. 1995 alleging the breach of an August 30, 1993 Contract whereby the Plaintiff trUCking company was hired by Defendant to ship Defendant's products by truck. Defendant supplied the pellets for shipping of its products on Plaintiff's trucks. When Plelntiff's trucks arrived at Defendant's business, Plaintiff would unload its empty pallets from Its trailers for storage pursuant to the arrangernent of the parties. When Plaintiff attempted to later rnake arrangements to come to Defendant's business to pick up its pallets, Defendant refused to allow Plaintiff to do so. Defendant admits to the business reletionship but denies any knowledge as to the procedure regarding the pallets. II. DAMAGES Based upon Plaintiff's business records it has determined thet the Dofendant is In possession or has obtainad 5.421 pallets owned by Plaintiff. The cost of such a pallet delivered to Plaintiff's place of business amounts to $8.70 per pellet. This amount multiplied by the 5.421 pallets results in a monetary - loss to Plaintiff of $47,162.70, the amount of damages sought. In its Answer. Defendant denies these allegations but provides no explanation, .."."..' OOI26I-OOOI./April2S, 1996IDWDIMH/S2636 III. PRINCIPAL TRIAL ISSUES 1. The arnount of Plaintiff's pallets In Defendant's possassion. 2. Plaintiff's damages. IV, LEGAL ISSUES Uncertain at this time as Defandant's answer Is a ganaral denial without any specifics. II. WITNESSES TO BE CALLED It Is anticipated that Plaintiff will call David L. Metzlar. Walter Barclay. Scott Peoples, Daniel Hartman, and Deborah Metzler. Plaintiff reserves the right to call additional wltnessas upon prior notice to Defendant's counsel. VI. EXHIBITS All documents supplied or to ba obtained in dlscovary, Including bills of lading, receipts, rnernorandums. business records, etc. evidencing the number of pallets owned by Plaintiff and In the possession of Defendant. VII. SETTLEMENT STA TUS Plaintiff has offered to pick up 4.500 new or rebuilt grade A. 40" x 48" four way entry GMAC spec pallets at a location within 200 miles of Carlisle, Pennsylvania in full settlement of this case. Said pallets are to be purchased or rnade available by Defendant. In the alternative. Plaintiff was willing to accept a cash payment of $25.000.00 In full settlement of this claim. Defendant has offered to purchase 2,500 00826HlOOt4/April2S, t9961DWDIMHI52636 pallets end heve Plaintiff pick them up et the Defendent's place of business. In the elternative, Defendant has offared to pay Plaintiff .10.825.00. Respactfully submitted. JOHNSON, DUFFIE, STEWART & WEIDNER Date: By: ~ avid W' aLuce Attorney 1.0. No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone 1717) 761-4540 Attorneys for Cerllsle Carrier Corp. 00826I-00014/April2o5, 1996IDWD/MHI52636 CERTIFICA TE OF SERVICE I. David W. Daluce. of the law firm of Johnson. Duffle. Stawart &. Weldnar. attornavs for Plaintiff, Carlisle Carrier Corp.. do hereby certlfv that 1 served e true and correct copy of the attached Pre-Trial Memorandum bV United Stetes Mall. first class. postage prepaid. upon the Counsel listed below: William A. Addams, Esquire Fowler. Addams. Shughart &. Rundle 28 South Pitt Street Carlisle, PA 17013 Date: <; /z'/;f> / f v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3674 CIVIL TERM CARLISLE CARRIER CORP" plaintiff USA DETERGENTS, INC" Defendant ANSWER AND NOW, comes the defendant, USA Detergents, Inc" by its attorneys, Fowler, Addams, Shughart & Rundle, and makes the following answer to the plaintiff's complaint: 1-6. Admitted, 7. After reasonable investigation, the defendant is without knowledge sufficient to form a belief as to the truth of the averment, The same is therefore denied. B. The answer to Paragraph 7 is incorporated herein by reference, 9. Gary Kahn is no longer employed by the defendant. Therefore, the answer to paragraph 7 is incorporated herein by reference. 10. Denied in accordance with Pa. R.C.P. 1029(e). 11. Admitted, 12-14. The answer to paragraph 7 is incorporated herein by reference, ; , 15, The answer to Paragraph 10 is incorporated herein by reference. WHEREFORE, the defendant requests the complaint be dismissed, FOWLER, ADDAMS, SHUGHART & RUNDLE BY:~~~ . 1 A. Addams Supreme Court I,D, No,06265 28 South pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Defendant VERIFICATION William A. Addams hereby verifies that the facts set forth in the foregoing Answer are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa,C.S. 54904 relating to unsworn falsification. He verifies that he is counsel for Defendant USA Detergents, Inc., that it is outside the jurisdiction of the court, and its verification cannot be obtained within the time allotted. ~~ DATED: IO,/; 0,J- YI~'M'~SH"H Hl/qOO O!j~ 111~\,rino )'l.fy 11 ~j~ lU...Pl(;:"', F. ;~I.Ho.n:"..' , 56. Hd 6(1 I ( AOtl 00I16I.ooo14lIwI30,I996/DWDIMIU5$314 CARLISLE CARRIER CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3674 CIVIL TERM CIVIL ACTION. LAW VB. USA DETERGENTS, INC., Dafandant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark tha docket as settlad and dlscontlnua this action. 001261-000.41111I,30, 1996IDWDIMII155U4 CERTIFICA TE OF SERVICE I, David W, Deluce, of thalaw firm of Johnson, Duffie, Stewert & Weidner. attorneys for Plaintiff. Carlisle Carrlar Corp.. do hareby cartify that I served a true and correct copy of the attached Praecipe to Discontinue by United States Mall, first class, postage prepaid, upon the Counsel listed below: William A. Addarns, Esquire 28 South Pitt Street Carlisle. PA 17013 Date: 7hDh~ { I ('-, , " n ,-,', .. , ., ..,-, ':n t" . -. 11-- <II'" <1-- . W ,0 , '0 C~ -. \:.d r:,_ .., l-~ --I ~t~ r -.... ?O ~:: ;- ::.J ::}rn :;>i "'t " - .. ~" :.q -. e;o ....