HomeMy WebLinkAbout08-6557COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CJ&M LOGISTICS/APPLIED ROUTING
SOLUTIONS, LLC,
Plaintiff, Civil No. ?'' L S c 1 ?; ?f ?/M
V.
CH RECOVERY,
Defendant
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 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 of 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. IF
YOU CANNOT AFFORD 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.
LAWYER REFERENCE SERVICE
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166 or 800-990-9108
266461
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CJ&M LOGISTICS/APPLIED ROUTING
SOLUTIONS, LLC,
Plaintiff, Civil No. 8'- ?O SS7 cN, l ?{cck
V.
CH RECOVERY,
Defendant
AVISO
Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las
paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despuds de esta
queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en
escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado
le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se
puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero
demandado en la queja o para cualquier otra demanda o relevaci6n pedida por el demandante.
Usted puede perder el dinero o la caracteristica de otra endereza importante a usted.
USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO
HACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO LA OFICINA
DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACI6N
SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A
UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA
INFORMACIbN SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA
OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O
NINGUN HONORARIO
SERVICIO DE REFERENCIA LEGAL
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166 or 800-990-9108
266461
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CJ&M LOGISTICS/APPLIED ROUTING
SOLUTIONS, LLC, ,
Plaintiff,
V.
CH RECOVERY,
Defendant
COMPLAINT
Civil No. 09--- 6 S n cN? I -tzfM
NOW COMES Plaintiff CJ&M Logistics/Applied Routing Solutions, LLC (hereinafter
"ARS") by and through its attorneys, Dilworth Paxson LLP, and files the within Complaint as
follows:
PARTIES
1. Plaintiff ARS is an Indiana limited liability company with a principal place of
business located at 3926 S. Lakeshore Drive, Crown Point, Indiana, 46307.
2. Upon information and belief, Defendant CH Recovery is a Pennsylvania business
and/or sole proprietorship with a principal place of business located at 33 West Maple Avenue,
Shiremanstown, Pennsylvania, 17011.
JURISDICTION AND VENUE
3. This Court has jurisdiction over the parties and claims presented herein.
266461
4. Venue is appropriate in the Court of Common Pleas of Cumberland County,
Pennsylvania in that it is where Defendant CH Recovery is located; it is where CH Recovery
regularly conducts business; and it is where the property at issue is presently located.
FACTUAL BACKGROUND
5. ARS is engaged in business as a transporter of new motor vehicles throughout the
United States for certain automobile manufacturers and distributors, including Chrysler Motors
Corporation ("Chrysler").
6. CH Recovery engages in various business activities including the transport and
repossession of vehicles.
7. From time to time, ARS hires local transporters to transport and deliver vehicles
on its behalf on a sub-contract basis.
8. In or about March of 2007, Chrysler engaged ARS to take possession, transport
and deliver a 2008 Dodge Avenger automobile (VIN #1B3LC76M38N559663) (hereinafter "the
Vehicle") manufactured and owned by Chrysler.
9. Chrysler directed ARS to pick up the Vehicle from the Susquehanna Dodge
dealership located in Wrightsville, Pennsylvania and to transport and deliver it to another Dodge
dealer - Schaffer and Strohminger, located in Baltimore, Maryland.
10. On or about April 2, 2007, ARS contracted with CH Recovery to pick up the
Vehicle on its behalf from Susquehanna Dodge in Wrightsville, Pennsylvania and to deliver it to
Schaffer & Strohminger Dodge in Baltimore, Maryland. (A true and correct copy of the ARS
266461 2
written Vehicle Move Request is attached hereto as Exhibit "A" and incorporated by reference
herein.)
11. CH Recovery picked up the Vehicle at Susquehanna Dodge and allegedly
delivered it to Schaffer & Strohminger Dodge on April 3, 2007. (A true and correct copy of the
Delivery Receipt executed by CH Recovery is attached hereto as Exhibit "B".)
12. On or about April 3, 2007, CH Recovery prepared and forwarded an Invoice and
the Delivery Receipt to ARS for transport and delivery of the Vehicle to Schaffer & Strohminger
Dodge. (A true and correct copy of CH Recovery's Invoice dated April 3, 2007 is attached
hereto as Exhibit "C".)
13. ARS paid CH Recovery for transportation and delivery of four automobiles
including the Vehicle, by check dated May 10, 2007 based upon the Invoice and Delivery
Receipt remitted by CH Recovery. (A true and correct copy of ARS's check dated May 10, 2007
is attached hereto as Exhibit "D".)
14. Based upon the aforementioned documents and representations contained therein,
CH Recovery represented and ARS believed that CH Recovery had transported and delivered the
Vehicle to Schaffer & Strohminger Dodge in Baltimore on or about April 3, 2007.
15. In fact, the above-described representations of CH Recovery were false and
fraudulent in that CH Recovery failed to deliver the Vehicle to Schaffer & Strohminger Dodge
on April 3, 2007 or at any time thereafter.
266461 3
16. Unbeknownst to ARS or Chrysler, and without any notice to ARS or Chrysler,
CH Recovery failed to deliver the Vehicle to Schaffer & Strohminger Dodge, and instead
retained unlawful possession and custody of the Vehicle.
17. From on or about April 3, 2007 to the present CH Recovery has retained unlawful
possession and custody of the Vehicle at its storage lot located at 33 West Maple Avenue,
Shiremanstown, Pennsylvania.
18. ARS and Chrysler did not learn of this situation until on or about August 30,
2007, when it discovered that the Vehicle was not in the possession of Schaffer & Strohminger
Dodge.
19. Notwithstanding subsequent demands made by ARS for return of the Vehicle, CH
Recovery has refused to relinquish its unlawful possession of the Vehicle. Instead, CH Recovery
has demanded that ARS and/or Chrysler pay its storage charges at a rate of thirty-five dollars
($35.00) per day from April 3, 2007 to present, which now totals in excess of thirteen thousand
five hundred dollars ($13,500).
20. The original value of the Vehicle on April 3, 2007 was $24,635.
21. The present fair market value of the Vehicle is approximately $18,000.
22. The Vehicle continues to depreciate in value on a day-to-day basis as CH
Recovery continues to maintain unlawful possession of the Vehicle.
23. By Assignment Agreement dated September 25, 2008, Chrysler assigned to ARS,
all of the rights, claims and causes of action that it may have against CH Recovery so that ARS
266461 4
may recover the Vehicle and any and all monetary damages related thereto. (A true and correct
copy of the Assignment Agreement is attached hereto as Exhibit "E".)
24. ARS brings this action on its own behalf and as assignee of the rights of Chrysler
under the terms of the Assignment Agreement.
COUNTI
(BREACH OF CONTRACT)
25. ARS hereby incorporates by reference the averments contained in Paragraphs 1
through 24, supra, as if each and all such averments were fully stated herein.
26. By the terms of the written Vehicle Move Request, CH Recovery agreed to
transport and deliver the Vehicle to Schaffer & Strohminger Dodge in Baltimore, Maryland.
27. CH Recovery breached the parties' agreement by failing to deliver the Vehicle; by
failing to notify ARS and/or Chrysler on a timely basis of its failure to deliver the Vehicle; and
by retaining unlawful possession of the Vehicle.
28. As a consequence of the unlawful acts and omissions of CH Recovery, ARS has
sustained monetary damages equal to the delivery fee paid to CH Recovery, and, as assignee of
Chrysler, the value of the Vehicle or loss in value of the Vehicle and the floor planning costs of
financing the Vehicle (equal to approximately $8.00 per day) from April 3, 2007 through the
present time.
29. In addition, ARS's business relationship with Chrysler has been damaged, and it
has suffered consequential damages equal to approximately $45,000 in lost profits from that
relationship.
266461 5
WHEREFORE, Plaintiff ARS demands that judgment be entered in its favor and against
CH Recovery in an amount in excess of $50,000, based upon the aforementioned monetary
damages, including the delivery fee, loss in value of the vehicle, floor planning costs, and lost
profits, together with prejudgment interest and costs.
COUNT II
(CONVERSION)
30. ARS hereby incorporates by reference the averments contained in Paragraphs 1
through 29, supra, as if each and all such averments were fully stated herein.
31. By reason of its aforementioned acts and omissions, CH Recovery has wrongfully
and unlawfully taken and retained possession of the Vehicle.
32. Notwithstanding repeated demands, CH Recovery has refused to return
possession of the Vehicle to ARS or Chrysler.
33. CH Recovery has wrongfully converted and deprived ARS and/or Chrysler of its
right to possession of the Vehicle without consent or justification.
34. ARS, on behalf of and as assignee of the rights of Chrysler, is entitled to
monetary damages equal to the value of the Vehicle on the day it was unlawfully converted and
the floor planning costs paid on the Vehicle together with lost profits, punitive damages and
attorneys' fees incurred as a result of Defendant's intentional and unlawful actions.
WHEREFORE, Plaintiff ARS demands that judgment be entered in it favor and against
CH Recovery in an amount in excess of $50,000, together with prejudgment interest, punitive
damages, attorneys' fees and costs.
266461 6
COUNT III
(FRAUD)
35. ARS hereby incorporates by reference the averments contained in Paragraphs 1
through 34, supra, as if each and all such averments were fully stated herein.
36. CH Recovery fraudulently and intentionally misrepresented to ARS that it had
delivered the Vehicle to Schaffer and Strohminger Dodge in Baltimore, Maryland on April 3,
2007, by presenting to ARS a Delivery Receipt and Invoice on or about April 4, 2007. See
Exhibits "B" and "C" attached here and incorporated by reference herein.)
37. ARS relied upon CH Recovery's misrepresentations and paid CH Recovery the
fee for delivery of the Vehicle.
38. CH Recovery failed to notify ARS of its failure to deliver the Vehicle and/or of its
decision to retain possession of the Vehicle.
39. When ARS learned of the true facts and made demand for return of the Vehicle,
CH Recovery refused to return possession of the Vehicle to ARS. Instead, CH Recovery has
wrongfully demanded that ARS and/or Chrysler pay storage fees of approximately thirteen
thousand five hundred dollars ($13,500).
40. Notwithstanding repeated demands for return of the Vehicle, CH Recovery
continues to retain unlawful possession of the Vehicle without legal consent or justification.
41. ARS has sustained monetary damages equal to the value of the Vehicle on April
3, 2007, floor planning costs paid on the Vehicle, lost profits, prejudgment interest and attorneys'
fees related to the prosecution of this civil action and/or recovery of the Vehicle.
266461 7
42. In view of the nature of CH Recovery's wrongful and intentional conduct, the
award of punitive and exemplary damages is also appropriate.
WHEREFORE, Plaintiff ARS demands that judgment be entered in it favor and against
CH Recovery in an amount in excess of $50,000, together with floor planning costs, prejudgment
interest, punitive damages, attorneys' fees and costs.
COUNT IV
(REPLEVIN)
43. ARS hereby incorporates by reference the averments contained in Paragraphs 1
through 42, supra, as if each and all such averments were fully stated herein.
44. ARS now seeks to replevy the Vehicle.
45. CH Recovery has no legal right or justification to continue to retain possession
and control of the Vehicle.
46. ARS, on its own behalf and/or as assignee of the rights of Chrysler, has legal right
to immediate possession of the Vehicle.
47. CH Recovery's acts, omissions and continued possession of the Vehicle are
unlawful and has caused ARS to incur monetary damages as more fully described herein.
WHEREFORE, Plaintiff ARS demands that a writ of seizure for the Vehicle be entered;
and that judgment be entered in its favor and against CH Recovery for possession of the Vehicle,
for damages sustained in obtaining possession of the Vehicle and/or as a result of CH Recovery's
wrongful and unlawful conduct, including floor planning costs, lost profits, prejudgment interest,
266461 8
punitive damages, attorneys' fees, costs and such other and further relief as the Court deems just
and proper.
Respectfully submitted,
DILWORTH PAXSON LLP
John B. Consevage
PA Atty. I.D. No. 36593
112 Market Street, 8th Floor
Harrisburg, PA 17101
Tel.: (717) 236-4812
Fax: (717) 236-7811
Attorneys for Plaintiff
CJ&M Logistics/Applied
Routing Solutions, LLC
DATED: November 5, 2008
26646_1 9
EXHIBIT A
Thane 7, 191,011.0537 - 219.667..9825 Few
1 FIICLE : - . OVI: `IQUEST
VMR '1"racking # 120421 Order 'Date: 4/02/07 Deliver By: 4/05/07
Carrier: LH TRUCKING Contact: JAMES Phone: 7•l $W.
C # 10v_c^ c.) vC?..
Carrier Invoice Amount: $150 ea.
Tnv_ oic:
Applied Routing Solutions
Attn: Frdght Payment
3711 Cherry Mills Dr.
Crown Point, IN 46307
SMPPIKU! DAIMLERC'HRVSIAR
-71-7 --t/2-A„'s?! y
Submit:
Invoice, copy of signed and dated
Bill of Lading, Vehicle Condition Report
C0NSiC.NRFc MARVI.ANU W.12
JS U 14ANN DO `E SCH TRO N ER
950 LL MA T. 17 PPA .
I HTSVt LE PA 17208 ALTIMO D 21234
Phone: 717-252-2412 _
Phone: 410-778-6220
See: SALES MGR See: SERVICE MGR
Special Instructions: EMISSIONS REASSICNMENT UNIT. DRIVER IS
LOADING FOR C:J&M'1'kANSPOR.T. NO STI, NO RA'T'E ON
DELIVERY RECEIPT'.
YEAR MAKE MODEL nILL VIN RAY
2008 DODGE I B3I.C76M IIN55 663 N/A
.472]
11ith Prive Owwn Point, IN 46.40
EXHIBIT B
? Wwslr? a( CJ A M Yrir/?n
DELIVERY RECEIPT
*! I cop py ltum ,prrw • ?rn
plood 219,0;M,0507 • 21
Load No. 120421
<<jl
000 HELL MAN ST.
1 MGHTSVNJA PA, 1730
ptmvm 1174W24412
8w. SALES MQ*
DEL
SCOMPM A OMHWMSM
iM iOPP'A RD.
BALTWAORT, MD MU
PIWW. 410-7784M
OMe: swwm MOR
MR CJW TRAM WOW. NO 8TH NO RATR ON DMIVWtY Rid OPT-
Tnxk No: i?L?
Cowpmny: Lh TR l tp , W. -
Davery Exae$ono
luh?
Rai~ r+?: tsigm
DMiYOt nMuh;.r
• • ' Dom: ?%?
z
EXHIBIT C
INVOICE
C M R.mvwy
33 Mlfese Maoe Aw
fth%W allseow% ft 17011
PIN" 727-413-se"
wx: 717-500-03 3
Tav=s W54M1M
Ap~ Aau " Salm"e+s
3711 Choy "ON Drhre
AM lti?OWA Ps"N It
Crown ROW, IN 41307
Pl+own
Pm:
1Nwka aata oqn t aue =n?etc? Nrw?ar
Dote pgpi/tfa?
1 tles yls•i
swsn is•
_
1
••f 3"7 Yk#
i?lI+C/•MMNf?7K i!•
40/2007 MMi?fMIM tl111lasLCNIt4aNSNis4 id0.
03/3007 •.
rrstwoww Amount
CMM? 3"
Amkpwd 04/St/e7 by
?hoMs
fox.
b a4K %mum rw m@4m "ffl*, php mw%bo*o pw "via rwr p of o
invoke
ANNA asYU" *Pk#tk as
3711 choW.lMa. Drive
Craves frlnt, =N 46307
wwr crslcrs Pmbm hal
k---,
TM •
Total
c H !wary
33 We t.K"fo Ave
m lem,stawn, Pw 17011
EXHIBIT D
z°
Payee:
I.VVO;la s/7
i"- . 371.1 Cher Hill; llrfve r Cr(nW Point IN 46307
:,,,z„••...1 r.t t x. r:rncy:r? !'hone 7..19.608.0.537 • 219.662.9825 FOX
I.H •I'RUCKINO' do CH RE(',OVFkY
INVOICE
4/3/2007
4/24/2007
DESCRIPTION
AVENGERS FROM PA x 4
AVENGERS FROM PA x 2
TOTAL:
AMOUNT
$600.00 <-
$300.00
$1,200.00
CHECK DATE : , 5/10/2007
CHECK NUMBER : 2679
?wV.?;!L+'.•r?t,'1,'.!:`.',JlJCft "w•' n? rl:•: YS1!r;?.?.1. ? •. r r a . ? r . y A a x .:: J .. n n . • , .: r ? .• L ' r . : f • + . r • ; :rfai[`X?-e.rr!M'r:lla`rIbY112 L"'?d'rP1'L. ti•nr au -r?+:'r??!Y!?!16ni'
APPLIED ROUTING SOLUTIONS LLC 2679
9711 CHERRY HILLS DA
CROWN POINT, IN 48907 ?I-:eYn18 7
(2te)At18Y0597 DATC.._.......
PAY
TO 711C ,l /.,n ', ' _ I?c••r.-.rwrJ'' ._- /.? 1:<_??. __?_:: r .- _ .... _ ......1) Q L. L A R 5 ::... s . .J
it
.r
n400 26 79Nm 40 7 L90 28 78t: u' 100068 ? L 51r
• 9w.n...w a:? %?•lw.lY?+MrV 4'.f'?M". "1:X?JJ`i• w :.w ?-i...w•a ..r p•.rr•u. w..••+i1 !'?,:w?"'.L'M'?ir'?v rrn'ri? .rwi ti,? M!DL'7!v ?Aw:.,?f..:...'1'CK:A:"?+u?w....ir.•YET.'?Xl?ryf•vi-i::..'iti'..:"rT1r ?er..?w?sr' ;??,?fl
EXHIBIT E
ASSIGIGMT AGRI?
? ? ber-gZ C)?YBL? MOR'ORS CORp"ORAT?OAi 2008, batwsen
A!'irl t>?,b ROUTING emun?rAwlpoe or O p, ? An ) CJM
ME", Chrysler has engaged ARS to trwport and debm motor vehicles to deskn
tbmugham eo United stria.
WHMEA in or about Msmh of 2007, Chrysler, ftough its rWecossaa', Deiu G
r ARS to ddm a ZOOS Dodge Avwaw automobib (viN
183LC761Vf3gtai5S9 M) (bs =ft "&C Vehicle" to a dealer m Baltmore, Maryland.
WIMWAS, ARS snbsequeedy 084pd CH Reeovay of Camp ISIL Psaoh?lvrmia to
trsasport and deliver the Vehicle on its behalf:
WHMtEAS, CH Recovery filed to ddiver the vehicle.
S, CH Ra;ovMooh to the Vcbwb and refuse to retvam
poaaaion Ofthe Vehicle to ARS andlor Chryder.
WHO"S. both Chrysler ad ARS may poserse claims or awes of action against CH
RaooMYI ralatlog to do Vd*k.
SEAS, both ChOTkr and ARS desire to pwsue all such gains that ley may
CH Recovery.
WMW. ARS is w!Mgg to pume say and all such cWms on behalf of Chiyslw, due
to its bawma rip with Chrydw. •
THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, reoapt of v1hioh is
hweby admowlcdgod, and to be badly bound, C69yMw ss Asalgaot; hereby nraosI
sad aadM =o ARS as Assignee, all of its right, title and totatwts, to vAwAww claims,
daraands, or ammm Oution that it=W or does pomm qpim CH Recovery, fordo we of and
bmo& of AR$, as of the date of this Am*mw Apeames sad say dms dmmdkw. This
Asaigmawt Agreement is not iameaded to mom, ft mfu or maip say and all ownwft rights
that Ch ysler possesses andlar nmb*dm in the Vehicle.
IN wlT MS ROME. Assignor hu ddy ameoutod this Ass3PWAmt Agreement
d betfve r Of the dde first wl tft above.
CHRYSLRR MOTOW CORPORATION
Naiaas, Tide
Aoeopled and. Age+oea.
CJ&M LogAstles/Ap 9omtiass
B3r
s}a?no wCak Pr?stdmt
VERM MON
1 verify that the statements made in the foregoing document are true and correct to the
best of my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. CS §4904, relating to unworn falsification to
authorities.
Shane Wells, President
69
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06557 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CJ&M LOGISTICS/APPLIED ROUTING
VS
CH RECOVERY
MARK CONKLIN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
CH RECOVERY
DEFENDANT
was served upon
the
, at 1015:00 HOURS, on the 8th day of November , 2008
at 33 WEST MAPLE AVENUE
SHIREMANSTOWN, PA 17011
by handing to
JAMES CANNAANA, MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
r`1/IP?aP
18.00
13.00
.59
10.00
.00
41.59
Sworn and Subscibed to
before me this
day
So Answers:
0e, 00#0
R. Thomas Klin
11/12/2008
DILWORTH PAXSON
By.
Depu y Sheriff
of A. D.
0.
CJ & M LOGISTICS / IN THE COURT of COMMON PLEAS
APPLIED ROUTING CUMBERLAND COUNTY
SOLUTIONS, LLC, PENNSYLVANIA
Plaintiff
V. No. 2008 - 6557
CIVIL ACTION - LAW/EQUITY
CH RECOVERY JURY TRIAL DEMANDED
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 is served, by entering a written appearance personally or by attorney and by
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 the 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.
Court Administrator
4'h Floor Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las pagmas siquientes, usted tiene viente (20) dias de plazo al
partir de la feche de la demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona. Sea avisado que si usted no se defiende, la corte tomara medias y
puede entrar una order contra usted sin previo aviso o notificacion y por cualquier quaja
o alivio que es perdido en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABADAGO IMN EDIATAMENTE, SI
NO TIENE ABOGADO O SI NO TIENE EO DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Court Administrator
4t' Floor Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY
CJ & M LOGISTICS / APPLIED ROUTING
SOLUTIONS, LLC.,
Plaintiff
No. 2008-6557 Civil Term
V.
C H RECOVERY, Civil Matter LAW / EQUITY
Defendant JURY TRIAL DEMANDED
ANSWER with NEW MATTER and
COUNTERCLAIM PURSUANT to Pa RCP 1031
AND NOW this2 day of November, 2008 comes Defendant C H
RECOVERY, by and through its attorney, John M. Glace, Esquire and answers the
Complaint: and presents New Matter and Counterclaim as follows:
1. Admitted on knowledge and belief.
2. Admitted. C H Recovery is the sole proprietorship of Caitlin J. Harvey with a
principal business address of 33 West Maple Avenue, Shiresmantown, Pennsylvania 17011.
3. Admitted.
4. Admitted.
5. Admitted in part, Denied in Part It is admitted that Defendant was contracted
from time to time for intrastate transport of motor vehicles; but the extent and customer
base of Plaintiff is unknown and therefore denied . Strict proof is demanded at time of trial.
6. Admitted.
7. Admitted upon knowledge and belief.
8. Admitted in part All arrangements with the provider and destination receivor
were made by Plaintiff, its agents, employees, servants or contracting agent Defendant was
engaged for transport only.
9. Denied. Defendant was not privy to any arrangement between Plaintiff and
Chrysler and therefore denies this averment and demands strict proof at time of trial.
10. Admitted in part. Denied in part It is admitted that on or about April 2, 2008
Plaintiff contracted with Defendant to transport four (4) vehicles including a 2008 Dodge
Avenger from Wrightsville, Pennsylvania to Baltimore, Maryland. Plaintiff was engaged to
transport and present for delivery acceptance only. Defendant did not generate the Vehicle
Move Request and therefore denies the provenance and import of Exhibit A and demands
strict proof at time of trial. Further Exhibit A is a copy with scratched amendments,
additions, and deletions and Defendant demands best evidence presentation of all copies
with full and admissible explanation as to these changes.
11. Admitted in part. Denied in part. Defendant picked up from Wrightsville,
Pennsylvania and transported the four (4) vehicles identified on Plaintiff s Exhibit C and
delivered those four vehicles to the Baltimore location. Plaintiff's Exhibit B confirms that
the identified 2008 Dodge Avenger was "received" only. At Baltimore, the named delivery
party, Schaeffer& Strohminger refused receipt of the identified 2008 Dodge Avenger. It is
only admitted that Defendant transported the 2008 Dodge Avenger, but denied that the
2008 Dodge Avenger was accepted in delivery with the other three (3) vehicles. This refused
delivery of said vehicle is confirmed by the lack of the "Received by" signatory and strict
proof otherwise is demanded at time of trial.
12. Denied. Defendant's receipt (as stated thereon) was for transp o1 only.
Defendant had immediately advised by telephone Plaintiff of the refused acceptance of the
Dodge Avenger only by Schaeffer & Strohminger.
13. Denied. The payment to Defendant, as per Defendant's billing invoice, was for
s o only. It is denied that Plaintiff s payment entailed anything else, most specifically
the assured delivery. That assured acceptance of delivery was Plaintiff's responsibility to
obtain and assure.
14. Denied. Plaintiff was immediately notified as to the refused receipt of the 2008
Dodge Avenger by Schaeffer & Strohminger. Defendant at no time arranges delivery or
assures receipt of vehicles contracted to be transported. By way of further answer, this is the
usual custom and practice of vehicle transporters. Strict proof is demanded at time of trial of
any documentation that Defendant delivered the 2008 Dodge Avenger at issue.
15. Denied. Defendant provided no false representations of acceptance of delivery
as to the 2008 Dodge Avenger; but, in lieu of Plaintiff s failure to obtain assured acceptance
of delivery, acted prudently in retaining the vehicle and immediately notifying Plaintiff of its
failure to arrange acceptance of delivery of that vehicle.
16. Denied. Plaintiff was immediately notified by telephone call of the Schaeffer &
Strohminger's refusal to accept delivery of the 2008 Dodge Avenger and thereafter by email.
It is unknown what Defendant informed Chrysler as to the refused acceptance of delivery
because defendant was not privy to any contract between those parties. Upon knowledge
and belief Plaintiff had the right of possession of the 2008 Dodge Avenger from its owner
and the contractual duty to obtain transport Defendant was not a named contracted party as
to this right of possession and owned only a duty reasonable and prudent transport.
17. Admitted in part. Denied in Part. Because Schaeffer & Strohminger refused
acceptance of delivery, Defendant retained possession awaiting Plaintiff to compensate
Defendant for the storage costs of the vehicle. It is further denied that the vehicle is stored
at 33 West Maple Avenue; but is stored safely at an indoor location at great expense and
forbearance of the Defendant.
18. Denied. Defendant was immediately notified by telephone of the refused
acceptance of the 2008 Dodge Avenger and thereafter by email. The six (6) month lapse in
accounting is solely the responsibility of the Plaintiff. Any unverified averment as to Chrysler
is improper pursuant to the Pennsylvania Rules of Civil Procedure and therefore deemed
denied.
19. Admitted in part. Denied in part. Defendant admits that Plaintiff has made
demands for the return of the vehicle.; but denies that it has asserted any right of possession
other than responsible and customary storage fees. Plaintiff has known since April 3, 2007
that Defendant has maintained said vehicle as a bailment only and that Plaintiff was
incurring daily storage costs.
20. Denied. Strict proof is demanded at time of trial.
21. Denied. Strict proof is demanded at time of trial.
22. Denied. Strict proof is demanded at time of trial.
23. Admitted. Undersigned counsel is in receipt from Chrysler of the unnotarized
assignment of claim attached as Exhibit E.
24. Neither admitted nor denied. Averment requires no responsive pleading.
COUNTI
(BREACH of CONTRACT)
25. Defendant hereby incorporates by reference all responsive pleadings to
Paragraphs 1 through 24 of the underlying Complaint as if set forth in M.
26. Denied Defendant agreed only to transport the 2008 Dodge Avenger to
Baltimore. All further arrangements, including but not limited to, acceptance of delivery was
the responsibility of the Plaintiff.
27. Denied Defendant safely transported the vehicle at issue with three other
vehicles. Defendant had no standing nor directive as to the refusal to accept delivery by
Schaeffer & Strohminger. Its options were to abandon the vehicle or retain as a bailment.
Retaining the refused acceptance of delivery, does not constitute breach of contract Further
Plaintiff was immediately and timely notified of its failure to secure acceptance of delivery
and such advisement and continuing advisements constitute Defendant's continuing effort
to resolve this matter.
28. Denied. Plaintiff never tendered a delivery fee to Defendant; but only a flat
transport fee. Further, the vehicle remains available for redemption and accordingly there is
no loss of value for the vehicle. It is denied that any floor planning costs are legitimate
damages in the instant case based on Plaintiffs acts and omissions.
29. Denied. Plaintiffs allegations are speculative, not supported by any other
pleaded facts, and arbitrary. Strict proof is demanded at time of trial.
WHEREFORE Defendants demand dismissal of Plaintiffs claim of Breach of
Contract with prejudice.
COUNT II
(CONVERSION)
30. Defendants incorporate by reference all responsive pleadings to Paragraphs 1
through 29 of the underlying Complaint as if set forth in full.
31. Denied. Defendants specifically deny taking the said 2008 Dodge Avenger and
by further answer aver that after the refusal of acceptance of service by Schaeffer &
Strohminger, it has tried to arrange return of vehicle to Plaintiff and/or Chrysler.
32. Denied. Denied. Defendants always has made said vehicle available to return to
Defendant and has continued to retain said vehicle at its forbearance and to its financial
detriment.
33. Denied. Defendant has done nothing more than provide safe and secured
indoor storage to its detriment and said vehicle remains available for return to Plaintiff who
has willingly failed to act to the financial detriment of Defendant.
34. Denied. Any monetary loss incurred by Plaintiff is solely and fully the result of
its own failure to act and its transactional bad faith.
WHEREFORE Defendant demands dismissal of the claim of Conversion with
prejudice.
COUNT III
(FRAUD)
35. Defendant incorporates by reference its responsive pleadings to Paragraphs 1
through 34 of the underlying Complaint as if set forth in full.
36. Denied. Defendant's invoice ( Plaintiff's Exhibit C) speaks for itself wherein it
states that Defendant's billing was for transport only. Also the lack of a signatory at the
,,Received by,, designation on Plaintiff's Exhibit B confirms the refused acceptance of the
delivery. It is therefore denied specifically that Plaintiff intentionally or fraudulently acted;
but to the contrary it is averred that Plaintiff failed by its acts and/or omissions to arrange
and secure acceptance of the identified 2008 Dodge Avenger.
37. Denied. Defendants never represented or accepted payment for securing
delivery of the 2008 Dodge Avenger only for transport of said vehicle from Wrightsville to
Baltimore.
38. Denied., Defendant or its agents, employees and/or servants immediately
notified Plaintiff by telephone of the refused acceptance of delivery and the retention as a
bailment of the 2008 Dodge Avenger. Plaintiff thereafter failed to act to recover said
vehicle. Defendant continued to request that said vehicle be recovered by Plaintiff to no
response.
39. Admitted in part. Denied in part. Plaintiff's response to Defendant's
notification of bailment retention of the 2008 Dodge Avenger has been dilatory, accusatory,
and in bad faith. By custom of the industry Defendant's inside and secured storage of the
vehicle is subject to daily storage charge. The continuing incurrence of daily storage fees has
been caused only by plaintiff's acts or omissions and Defendant's demand for such fees is
neither wrong nor unusual.
40. Denied. Defendant's continued retention of the 2008 Dodge Avenger is fully
justified at law and by industry practice and custom.
41. Denied. Any monetary damages have been incurred solely by the acts and/or
omissions of plaintiff and strict proof otherwise is demanded at time of trial.
42. Denied. Defendant denies any wrongful and intentional conduct to justify t law
the award of punitive and exemplary damages.
WHEREFORE Defendant demands dismissal of the claim of Fraud with prejudice.
COUNT IV
(REPLEVIN)
43. Defendant incorporates by reference paragraphs 1 through 42 of its responsive
pleadings to the underlying Complaint as if set forth in full.
44. Denied. Plaintiff is entitled to no relief in Equity.
45. Denied. Plaintiff's equitable bailment retention of said 2008 Dodge Avenger is
due to facts and circumstances caused and continuing to be caused solely by the acts and/or
omissions of the plaintiff
46. Admitted in part. Denied in part. It is admitted that Plaintiff is responsible for
the 2008 Dodge Avenger and its refused acceptance of delivery and that Plaintiff has a legal
right to possession; however it is denied that legally or equitably said right of possession
super cedes Defendant's claim for storage fees incurred after the refusal of acceptance of
delivery which was Plaintiff's sole responsibility to secure.
47. Denied. Defendants continued bailment retention of the 2008 Dodge Avenger
is justifiable at law and in equity, and any monetary damages incurred by Plaintiff are as a sole
and direct result of its continuing acts and/or omissions.
WHEREFORE Defendant demands that any writ of seizure be denied and that the
Plaintiff, s claim for equitable relief be dismissed with prejudice.
NEW MATTER
48. Defendant incorporates by reference Paragraphs 1 through 47 of its responsive
pleadings to the underlying Complaint.
49. Plaintiff has dirty hands and is not entitled to equitable relief.
50. Defendant is justified legally and equitably to retain as a bailment the identified
2008 Dodge Avenger because of Plaintiff's failure to secure and correctly arrange acceptance
of delivery of said vehicle at Schaeffer & Strohminger caused Defendant to either abandon
that vehicle or to retain bailment possession.
51. Plaintiff has consented to the continuing bailment possession of the identified
2008 Dodge Avenger by its failure to secure and arrange acceptance of delivery at Schaeffer
& Strohminger and its continuing failure to act thereafter.
52. Plaintiff is equitably estopped and estopped at law from claiming monetary
damages by its acts and/or omissions.
53. Defendant is entitled to a full set-off for any monetary damages, which are
denied, that Plaintiff may be awarded.
54. Plaintiff has acted in continuing bad faith including, but limited to, reporting the
identified 2008 Dodge Avenger as stolen to the Pennsylvania State Police causing alarm,
anxiety, and possible loss of reputation in an unwarranted, improper and unjustifiable
attempt to not pay for storage.
55. Plaintiff has waived its rights of action herein claimed by its failure to act in
arranging the acceptance of delivery of the identified 2008 Dodge Avenger and thereafter by
failing to timely redeem said vehicle from Defendant's bailment possession.
56. Defendant has always presented a willingness to settle this matter amicably and
Plaintiffs continuing position remains vexatious, obdurate and dilatory and therefore
Defendant is entitled to reasonable defense fees and costs for this action.
WHEREFORE Defendant demands dismissal of the underlying Complaint with
prejudice and award of reasonable defense fees and costs.
COUNTERCLAIM PURSUANT TO PaRCP 1031
57. Defendant incorporates by reference its responsive pleadings and New Matter of
Paragraphs 1 through 56 as if set forth in full.
58. The named receivor of the transported 2008 Dodge Avenger, Schaeffer &
Strohminger of Baltimore, Maryland refused acceptance of delivery of that vehicle owned by
Chrysler and entrusted for pickup and transport only to Plaintiff.
59. Defendant as the contracted transporter of the 2008 Dodge Avenger, upon the
refused acceptance of delivery of said vehicle, could either abandon the vehicle or retain
possession as bailment until its return to Plaintiff.
60. Defendant immediately by telephone notified Plaintiff, its agent, employee, or
servant of Defendant's reasonable and prudent election to retain said vehicle as a bailment.
61. Defendant has subsequently communicated by written correspondence,
telephone communication and e-mail that it has safely stored said vehicle and will return that
vehicle upon redemption by tender of storage fees.
62. Defendant has refused to redeem the vehicle and demanded its return at no cost.
63. Defendant has contacted the Pennsylvania State Police and reported said vehicle
stolen by Defendant notwithstanding the above facts.
64. Defendant has notified Plaintiff multiple tunes that its inside , secured storage
fee is thirty-five ($35.00) dollars per day.
65. Plaintiff has never offered to redeem the identified 2008 Dodge Avenger by
tender of the storage fee or any portion of the storage fee.
66. Plaintiff has incurred $23,420.00 in storage fees from April 4, 2007 until the date
of filing of the underlying Complaint and continues to incur such above described daily
storage fee.
67. The above described daily storage fee is reasonable and customary for secured,
indoor storage based on the standards of the industry.
68. Plaintiff s continued refusal to redeem said vehicle by payment of a storage fee,
its attempt to seek criminal action, and this Complaint constitute vexatious, obdurate and
dilatory acts.
WHEREFORE, Defendant/Counterclaimant CH Recovery demands judgment in
its favor for $23,420.00 plus continuing storage fees, interest, reasonable attorney fees and
costs of suit.
Respectfully submitted,
The Law Office of,John M. Glace
Jo lace, Esquire
Su e ourt ID: 23933
132- 34 Walnut Walnut Street
Harrisburg, PA 17101
(717) 238-5515
VERIFICATION
I verify that the statements made in the foregoing Answer with New Matter and
Countersuit are true and correct to the best of my understanding and belief. I understand
that false statements herein are made subject to the penalties provided by 18 Pa. CSA,
Section 4904, relating to unsworn falsification to authorities.
Date: /09/08
aitlin J. H resident
CH Recovery
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that thi26?day of November, 2008 I have served a true
and correct copy of the foregoing Answer with New Matter and Counterclaim, by First
class mail, postage prepaid, upon:
John B. Consevage, Esquire
DILWORTH & PAXSON, LLP
112 Market Street, 8th Floor
Harrisburg, PA 17101
Glace, Esquire
Ct. ID: 23933
192-134 Walnut Street
Harrisburg, PA 171101-1612
(717) 238-5515
Counsel for Defendant
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CJ&M LOGISTICS/APPLIED ROUTING
SOLUTIONS, LLC,
Plaintiff,
V.
CH RECOVERY,
Defendant
Civil No. 2008-6557 Civil Term
PLAINTIFF'S REPLY TO
DEFENDANT'S NEW MATTER AND COUNTERCLAIM
NOW COMES Plaintiff CJ&M Logistics/Applied Routing Solutions, LLC (hereinafter
"ARS") by and through its attorneys, Dilworth Paxson LLP, and files the within Plaintiffs Reply
to Defendant's New Matter and Counterclaim as follows:
REPLY TO NEW MATTER
48. Plaintiff ARS hereby incorporates by reference the averments contained in
Paragraphs 1 through 47 of its Complaint, as if each and all said averments were fully stated
herein.
49. Denied. The averments contained at Paragraph 48 of Defendant's New Matter
constitute conclusions of law to which no responsive factual averment is required. They are
deemed denied as a matter of law.
50. Denied. To the contrary, Defendant CH Recovery failed to deliver the 2008
Dodge Avenger to Schaeffer & Strohminger in Baltimore, Maryland, and it misrepresented the
true status of the vehicle to Plaintiff ARS. For these and the other reasons contained in
26930_1
Plaintiff's Complaint, Plaintiff ARS did not abandon the vehicle and Defendant CH Recovery
does not have lawful bailment possession of the vehicle.
51. Denied. To the contrary, Defendant CH Recovery failed to deliver the 2008
Dodge Avenger to Schaeffer & Strohminger in Baltimore, Maryland, and it misrepresented the
true status of the vehicle to Plaintiff ARS. For these and the other reasons contained in
Plaintiff's Complaint, Plaintiff ARS did not abandon the vehicle and Defendant CH Recovery
does not have lawful bailment possession of the vehicle.
52. Denied. The averments contained at Paragraph 48 of Defendant's New Matter
constitute conclusions of law to which no responsive factual averment is required. They are
deemed denied as a matter of law.
53. Denied. The averments contained at Paragraph 48 of Defendant's New Matter
constitute conclusions of law to which no responsive factual averment is required. They are
deemed denied as a matter of law.
54. Denied. Plaintiff ARS contacted the Pennsylvania State Police after it learned of
the status of the 2008 Dodge Avenger and the misrepresentations made by Defendant CH
Recovery, and only after CH Recovery refused to return the vehicle to Plaintiff unless or until
exorbitant storage fees were paid. Said actions were not taken in bad faith and Defendant has not
suffered any legally compensable loss. By way of further answer, Plaintiff never agreed to pay
for storage charges on an undelivered vehicle.
55. Denied. To the contrary, Defendant CH Recovery failed to deliver the 2008
Dodge Avenger to Schaeffer & Strohminger in Baltimore, Maryland, and it misrepresented the
269301 2
true status of the vehicle to Plaintiff ARS. For these and the other reasons contained in
Plaintiff's Complaint, Plaintiff ARS did not abandon the vehicle and Defendant CH Recovery
does not have lawful bailment possession of the vehicle.
56. Denied. Defendant CH Recovery rejected Plaintiff's settlement attempts. By
way of further answer, said settlement discussions are irrelevant and inadmissible with respect to
any issues of liability, damages and/or recovery of legal fees and/or costs.
WHEREFORE, having fully responded to Defendant's New Matter, Plaintiff ARS
demands that judgment be entered in its favor and against Defendant CH Recovery in accordance
with the claims presented in its Complaint.
REPLY TO COUNTERCLAIM
57. Plaintiff ARS hereby incorporates by reference the averments contained in
Paragraphs 1 through 47 of its Complaint, and Paragraphs 48 through 56 of its within Plaintiff's
Reply to Defendant's New Matter and Counterclaim, as if each and all said averments were fully
stated herein.
58. Denied. Upon reasonable investigation, Plaintiff ARS presently lacks knowledge
or information sufficient to form a belief as to the truth of the allegations regarding the acts
and/or omissions of Schaeffer & Strohminger with respect to any attempted delivery of the 2008
Dodge Avenger. Strict proof thereof is therefore demanded at trial. All other allegations are
denied, including any allegations regarding Defendant's duties with respect to transport and
delivery of the vehicle.
26930_1 3
59. Denied. Upon reasonable investigation, Plaintiff ARS presently lacks knowledge
or information sufficient to form a belief as to the truth of the allegations regarding the acts
and/or omissions of Schaeffer & Strohminger with respect to any attempted delivery of the 2008
Dodge Avenger. Strict proof thereof is therefore demanded at trial. All other allegations are
denied, including any allegations regarding Defendant's duties with respect to transport and
delivery of the vehicle.
60. Denied. To the contrary, Plaintiff ARS did not learn of the true status of the
vehicle until August 30, 2007.
61. Denied as stated. To the contrary, Plaintiff ARS has made repeated demands for
return of the 2008 Dodge Avenger. Defendant CH Recovery has unlawfully refused to return the
vehicle in absence of payment of exorbitant storage fees that were never agreed to by Plaintiff
and are not warranted under the facts and circumstances of this case.
62. Denied as stated. To the contrary, Plaintiff ARS has made repeated demands for
return of the 2008 Dodge Avenger. Defendant CH Recovery has unlawfully refused to return the
vehicle in absence of payment of exorbitant storage fees that were never agreed to by Plaintiff
and are not warranted under the facts and circumstances of this case.
63. Admitted in part and denied in part. Admitted that Plaintiff ARS contacted the
Pennsylvania State Police after it learned of the true status of the 2008 Dodge Avenger and the
misrepresentations made by Defendant CH Recovery, and only after CH Recovery refused to
return the vehicle to Plaintiff unless or until exorbitant storage fees were paid. All other
averments are denied based upon the allegations contained in Plaintiff's Complaint and the
within Plaintiff's Reply to Defendant's New Matter and Counterclaim.
269301 4
64. Admitted in part and denied in part. Admitted that Defendant has notified and
demanded that Plaintiff ARS pay it $35 per day for storage of the vehicle. Denied that said
storage charges are due and owing, payable, lawful and/or equitable under the facts and
circumstances of this case.
65. Admitted in part and denied in part. Admitted that Defendant has notified and
demanded that Plaintiff ARS pay it $35 per day for storage of the vehicle. Denied that said
storage charges are due and owing, payable, lawful and/or equitable under the facts and
circumstances of this case.
66. Denied. Based upon the foregoing facts, it is expressly denied that Plaintiff has
incurred $23,420 in storage charges that continue to accrue. Plaintiff further denies that any
storage charges are due and owing, payable, lawful and/or equitable under the facts and
circumstances of this case.
67. Denied. Plaintiff expressly denies that any storage charges are due and owing,
reasonable and/or customary under the facts and circumstances of this case.
68. Denied. Plaintiff expressly denies that any of its actions were unlawful,
vexatious, obdurate and/or dilatory. All other averments constitute conclusions of law to which
no factual response is required. Said averments are deemed denied as a matter of law.
WHEREFORE, having fully responded to Defendant's Counterclaim, Plaintiff ARS
demands that judgment be entered in its favor and against Defendant CH in accordance with the
claims presented in its Complaint.
269301 5
NEW MATTER TO COUNTERCLAIM
69. The allegations contained in Paragraphs 57 through 68 of Defendant's
Counterclaim fail to state a claim as a matter of law.
70. Defendant's Counterclaim is barred by the parol evidence rule.
71. Defendant's Counterclaim is barred by the doctrine of unclean hands
WHEREFORE, having fully responded to Defendant's New Matter, Plaintiff ARS
demands that judgment be entered in its favor and against Defendant CH in accordance with the
claims presented in its Complaint.
Respectfully submitted,
DILWORTH PAXSON LLP
John B. Consevage
PA Atty. I.D. No. 36593
112 Market Street, 8th Floor
Harrisburg, PA 17101
Tel.: (717) 236-4812
Fax: (717) 236-7811
Attorneys for Plaintiff
U&M Logistics/Applied
Routing Solutions, LLC
DATED: k2. t P O S
269301 6
VERIFICATION
Pursuant to Pa. R.Civ.P. 1024(c), I hereby verify that ARS and its President, Shane
Wells, are located outside the jurisdiction of this Court and the Verification of ARS and/or Mr.
Wells could not be obtained within the time allowed for the filing of this Plaintiff's Reply to
Defendant's New Matter and Counterclaim. For these reasons, I hereby verify that the
averments made in the foregoing are true and correct to the best of my knowledge or information
and belief based upon the information and documentation provided by ARS. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Dated: I Z i v? (OK
C
John B. Consevage, Esq.
269421
CERTIFICATE OF SERVICE
I hereby certify that on this 19 day of December 2008, I served a true and correct
copy of the foregoing Plaintiffs Reply to Defendant's New Matter and Counterclaim on the
following individual(s) via postage-prepaid, first class mail and addressed as follows:
John M. Glace, Esq.
The Law Office of John M. Glace
132-134 Walnut Street
Harrisburg, PA 17101
Counsel for Defendant CH Recovery
John B. Consevage, Es 9(j
Dilworth Paxson LLP
112 Market Street, 8th Floor
Harrisburg, PA 17101
Tel.: (717) 236-4812
Fax: (717) 236-7811
269301
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IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY
CJ & M LOGISTICS / APPLIED ROUTING
SOLUTIONS, LLC.,
Plaintiff
V.
C H RECOVERY,
Defendant
No. 20084557 Civil Term
Civil Matter LAW / EQUITY
JURY TRIAL DEMANDED
ANSWER to NEW MATTER of COUNTERCLAIM
AND NOW this day of La, nary, 29 comes Defendant C H RECOVERY, by
and through its attorney, ohn MGlaEsquire and answers the New Matter of
Counterclaim as follows:
69. The averments contained in Paragraph 69 constitute legal conclusions to which
no responsive pleading is required and they are therefore deemed denied.
70. The averment of Paragraph 70 constitutes a legal conclusion to which no
responsive pleading is required. and it is therefore deemed denied.
71. The averment of Paragraph constitutes a legal conclusion at equity and no
responsive pleading is required and it is therefore deemed denied. To the extent that a
factual response may be necessary, it is denied that defendant or its agents, employees or
servants acted in a fashion that may be deemed either "unclean" in the underlying
transaction or in the industry generally.
WHEREFORE, Defendant/Counterclaimant CH Recovery demands judgment in
its favor for $23,420.00 plus continuing storage fees, interest, reasonable attorney fees and
costs of suit.
Respectfully submitted,
The Law Office of John M. Glace
Jo M. Ofiace, Esquire
Sup ourt ID: 23933
132-T34 Walnut Street
Harrisburg, PA 17101
(717) 238-5515
VERIFICATION
I verify that the statements made in the foregoing Answer to New Matter are true
and correct to the best of my understanding and belief. I understand that false statements
herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating
to unworn falsification to authorities.
Date: - ??
w
OR
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that thisgday of January, 20119 I have served a true
and correct copy of the foregoing Answer to New Matter, by first class mail, postage
pre-paid, upon:
John B. Consevage Esquire
Dilworth Paxson
112 Market Street
Eighth Floor
Harrisburg, PA 17101
Glace, Esquire
Ct. ID: 23933
134 Walnut Street
isbura. PA 171101-1612
(717) 238-5515
Counsel for Defendant
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