$13K settlement garnered in suit between trailer and trucking companies

By Nicholas Malfitano | May 30, 2018

PHILADELPHIA – Legal action between an Allentown trailer company and a Philadelphia freight shipping and trucking company over allegedly-outstanding lease payments has been settled for $13,000.

PHILADELPHIA – Legal action between an Allentown trailer company and a Philadelphia freight shipping and trucking company over allegedly-outstanding lease payments has been settled for $13,000.

Per a stipulation filed by plaintiff counsel Jeffrey S. Wilson on Feb. 13, the litigation between Hale Trailer Brake & Wheel, Inc. against Bel Group Trans, Inc. and Mikhail Khalimanovich was settled for $13,000.

Furthermore, the stipulation explained the settlement would be sent to Wilson on or before the 15th day of each month and paid in monthly installments of $2,000 to the plaintiff on the 23rd day of each month, beginning Feb. 23, until the complete payment was made.

In the event payment was not received before the 28th day of each month, the defendants would be considered in default and liable for the full settlement amount, plus interest and costs.

Hale Trailer Brake & Wheel Inc. of Allentown first filed suit in the Philadelphia County Court of Common Pleas on July 7, 2017 versus Bel Group Trans Inc. and Mikhail Khalimanovich, both of Philadelphia.

According to the lawsuit, the parties involved in the instant litigation entered into written lease agreements on Feb. 27, 2015, Sept. 14, 2015 and March 29, 2016.

“Plaintiff has performed its obligations under the said agreements submitting invoices for monthly rent, fuel used and other charges pursuant to its books and records kept in the ordinary and usual course of business which are too voluminous to be attached hereto. Defendant [Bel Group Trans Inc.] is in default of the agreement by failing to make payments when due. The prices charged were the fair, reasonable and market price for the service at the time it was sold to defendant and are the prices which defendant agreed to pay. Although demand of the sum justly due plaintiff has been frequently made, defendant neglected, failed and refused to make payment thereof,” the complaint said.

Additionally, the complaint stated: “Khalimanovich has failed to make payment under the Guarantee despite repeated demands. Khalimanovich has defaulted on his obligation to plaintiff by failure to make payment when due. Although demand of the sum justly due plaintiff has been frequently made, Khalimanovich neglected, failed and refused to make payment thereof.”

Before settlement and for counts of breach of contract and default, the plaintiff was seeking damages of $23,749.29, plus interest and costs in this matter.

The plaintiff was represented by Jeffrey S. Wilson in Philadelphia.

The defendants were not represented by counsel, according to court records.

Philadelphia County Court of Common Pleas case 170700562

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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