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Home My WebLink About02-0054JOHN'S MOBILE REPAIR SERVICE, INC., Plaintiff Ve ROCOR INTERNATIONAL INCORPORATED, a/k/a ROCOR TRANSPORTATION COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C)3-5'~ CIVIL ACTION 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, order and notice are 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 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. JOHN'S MOBILE REPAIR SERVICE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~'~.~ CIVIL ACTION ROCOR INTERNATIONAL : INCORPORATED, a/k/a ROCOR : TRANSPORTATION COMPANY, : Defendant : COMPLAINT AND NOW COMES the Plaintiff, John's Mobile Repair Service, Inc., by and through their attorneys, Irwin, McKnight & Hughes, to make the following Complaint, and in support thereof avers as follows: 1. The Plaintiff John's Mobile Repair Service, Inc. is a corporation organized and doing business under the law of the Commonwealth of Pennsylvania with a business address of 1511 East Commerce Avenue, Carlisle, Pennsylvania 17013. 2. The Defendant, Rocor International Incorporated a/k/a Rocor Transportation Company is a corporation which is incorporated in the state of Oklahoma and does business throughout the United States including the Commonwealth of Pennsylvania. 3. The Plaintiff, John's Mobile Repair Service, Inc., performs services relating to inter, alia, the towing, recovery and storage of tractor-trailers and other large vehicles. 4. The Defendant Rocor International Incorporated a/k/a Rocor Transportation Company, is primarily a trucking company which provides transportation services to its customers throughout the United States. 5. On December 8, 2000, a tractor-trailer owned by the Defendant was involved in an accident on Pennsylvania Route 76 East at the exit 16 off ramp in Cumberland County. 6. The Defendants tractor-trailer had rolled onto its side and slid approximately 60 feet causing severe right and top rail damage. 7. Plaintiff was called to the scene by Troop T of the PIP System, Pennsylvania State Police, to perform towing and recovery services for the Defendant's damaged tractor- trailer. 8. The Plaintiff performed various services at the scene of the accident including (1) drilling the left tank and pumping fuel from the tanks to prevent further spillage of fuel; (2) removing the driveline and batteries which were shorting against the frame; (3) up righting tractor and trailer and then towing tractor and trailer to Plaintiff's place of business address; and (4) storing the tractor and trailer from the date of the accident until present. 9. On numerous occasions since January of 2001, the Plaintiff has forwarded invoices to the Defendant for payment of services rendered as described above. A copy of work order number 103739 (hereinafter referred to as "invoice #103739") is attached hereto as Exhibit "A" and is incorporated herein by reference thereto. 10. The most recent version of invoice #103739, attached hereto as Exhibit "A", indicates the total charges for towing and recovery services performed on December 8, 2000, in the amount of Five Thousand Five Hundred Fifty-One and 00/100ths Dollars ($5,551.00) and storage costs from December 9, 2000 through October 2, 2001 at $30 per day per unit (594 days) for a total of Seventeen Thousand Eight Hundred Twenty and 00/100ths Dollars ($17,820.00) in storage costs. 11. The Plaintiff also provided services to the Defendant in unloading the cargo from the damaged trailer under the supervision of the Pennsylvania Department of Food and Drug Administration. All the undamaged packages needed to be washed, restacked and shrink wrapped. The items then were reloaded. Additionally, the damaged cargo was rewrapped and loaded separately from the undamaged by Plaintiff. 12. The Plaintiffs bill for services related to the salvaging of the Defendants cargo amounted to Five Thousand Four Hundred Thirty-Five and 00/100ths Dollars ($5,435.00). Work order number 103740 (hereinafter referred to as "invoice #103740") is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. 13. Invoice #103740 in the amount of $5,435.00 was paid by Defendant on or about February 8, 2001. See Exhibit "B" attached hereto. 14. The Plaintiff has received no payment with regard to invoice 103739. 15. Defendant by its actions was aware of the services being provided to it by Plaintiff and approved of the services being provided by Plaintiff and their costs. 16. At all times relevant hereto, Defendant approved and authorized Plaintiff to perform those services concerning its tractor-trailer. 17. The Defendants have been aware of the costs associated with Plaintiff's work since it received Plaintiffs initial invoice in the beginning of January of 2001 and at no time did Defendant challenge the amount which Plaintiff was charging for its services. 18. Defendant has made an insurance claim with regard to the accident for towing and recovery costs and has been reimbursed in the amount of Seven Thousand Five Hundred and 00/100ths Dollars ($7,500.00) for towing and recovery expenses. 19. Defendant has not paid to Plaintiff the amounts Defendant recovered on their insurance claim nor the additional amount of costs for storage of the tractor-trailer. 20. At any time since Plaintiff took possession of the tractor and trailer on December 8, 2000, Defendant could have paid the monies due to Plaintiff and removed its tractor and trailer, from Plaintiff's premises. 4 21. Defendant voluntarily chose to leave the tractor and trailer on the Plaintiffs premises with full knowledge of the $30 per day charge for both the tractor and the trailer. COUNT I - BREACH OF CONTRACT 22. The averments of paragraphs one (I) through twenty-one (21) of this Complaint are made a part hereof and incorporated herein by reference. 23. The above referenced interactions and dealings between the parties evidenced an agreement for the provision of services for a fee. 24. Defendant's actions in failing to pay the agreed upon fees for services rendered amount to a breach of the agreement between the parties. 25. As a result of Defendant's breach, Plaintiff has suffered damages in the amount of $23,371.00 plus interest and related costs. WltEREFORE, Plaintiff requests this Honorable Court to enter judgement in his favor and against the Defendant, Rocor International Incorporated a/k/a Rocor Transportation Company, in an amount in excess of $25,000.00, plus any costs, attorney fees or other damages allowable by law. COUNT II - UNJUST ENRICHMENT 26. The averments of paragraphs one (1) through twenty-five (25) of this Complaint are made a part hereof and incorporated herein by reference. 27. services. 28. Plaintiff. 29. Plaintiff. Plaintiff has conferred benefits on Defendant by provision of the above referenced Defendant has received and acknowledged receipt of the services rendered by Defendant has not paid for the value of the benefit which it received from 30. It is and continues to be inequitable for Defendant to retain the benefit of Plaintiff's services without paying for their value. WHEREFORE, Plaintiff requests this Honorable Court to enter judgement in his favor and against the Defendant, Rocor International Incorporated aYk/a Rocor Transportation Company, in an amount in excess of $25,000.00, plus any costs, attorney fees or other damages allowable by law Date: January_ 3~,2002 Respectfully submitted, IRWINTNI~,T~ HUGHES By: Mar[ D.'Schwartz, Esquire ' - Supreme Court I.D. #70216 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff, John's Mobile Repair Service, Inc. EXHIBIT "A" P~GE 0~ JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVE. CARLISLE, PA. 17013 ---o, (717) 245-0076 ' FAX. (717) ze=~ uuw cus~. ~/ werk Order Nna~er: 103739 P~e: 1 VEHICLE DATA: phone: (8~) 352-7~7 ~me: l~-SSt B~L TO: Num~: 6788 AT[N~ JAY M~C: ~C Work Order Date: 12/S/IX) WO~ pE~O~E~CO~N~ ~ 16 OFF ~ -TO~O A~ ~CO~KY ~T. 76 EAST AT S~E A~ SL~ ~PE~~Y ~ ~' -~UCK A~ ~B~ EOLL~ O~ ~S ~GHT .~U~ A~ ~ ~S ~ ~O~ ~ TOP ~ DA~GE .p~p ~U~ ~ ~R I DR~L L~ T~ ~ ~ F~L OFF T~S TO P~ ~R SP~LAOE OF ~L / ~PR~~L~ 1~5 G~ONS ~ SP~LED A~ R~ ~ D~ -~MO~ DR~L~ ~ BA~S / BA~E~S ~ SHOR~G AG~ST F~ ~ ~ ~D ON S~ -SET ~U~ A~ ~R ~ LOADED -TOW CO~A~ TO O~ SH~ ............ R~~ ~ C~O~S ...... ~ -TOLLS PAID ............. ~ .... 1350.00 -6 MEN 4.5 I-IRS EA. ~-";- . ..... 225.00 .COMBINATION TOW - -STORAGB OF S30,00 A DAY l~K EACH LIlqIT SINCE 12-9-00 ...... 12-~.00 THRU 104}2-01 ~4 DAYS .... - .....16320.00 -TRAILER INFO. -TRI~ ll~ .VINO 90O2804 4994 TOWING STORAGE RECOVERY STOOGE OF V~HICLE 01%1 LOT 1.00 $5,551.00 594.00 S30.00 REPLACED PARTS WILL BE DISCARDED UNLESS CHECKED HEF,,-- SAVE BY MY SIGNATURE I ACKNOWLEDGE RECEIPT OF THE VEH~C ~,ND AGREE THAT AFTER EXAMINING IT I FIND THE vEHICLE ~[IISFACTORY CONDITION AND I AM SATISFIED WITH THE QUALrI~ WORK AND MATERIAL. CUSTOMER'S ACCEPTANCE SIGN HERE ~ 18/82/2881 0~:28 7172450648 JOHNS MOBILE REPAIR PAGE JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVE. CARLISLE, PA. 17013 www.johnsmobileservice.com (717) 245.0076 · FAX: (717) 245-0648 Work O~1,~ Nan~r: 103739 Pa~e: 2 ~C~ DATA: ~e: (~) 352-7~7 B~L TO: Name: 6788 y~: I~ 0 M~: ~IG~ M~: ~070 K~OK ~$~KTA~OH M~e[: CO~ A'rt~: JAY M~hn~: ~ CUST. PI0 # 02 WorkOrder Da~: 12/8/00 T~xable ~,~: S0.00 Taxable Ld)ot:. S0J)0 Non Taxable Parts: S23,371.00 Non Tax. able Labor: S0.00 Sub Total: $23,371.0~ Slim Tax: SO.O0 Ti~e T~x: $0.00 TOTAL llUE: S23,~71,00 SIGN HERE REPLACED PARTS WILL BE.DISCARDED UNLESS CHECKED HERL SAVE BY MY SIGNATURE I ACKNOWLEDGE RECEIPT OF THE VEHIC AND AGREE THAT AFTER EXAMINING IT I FIND THE VEHICLE ~"[$FAL*iOF~' GONDmON AND I ~ SATISFIED WITH THE QUALITY , WORK AND MAf'ERIAL. CUSTOMER'S ACCEPTANCE EXHIBIT "B" JUl-IN'k5 MU~ILI= HI"'I'"AIH ~W__.I-tVlUI:, INC,. 1511 EAST COMMERCE AVE ...... Pa~e: I BILL TO: 0 Phone: (800) 352-7467 ROCOR TRANSPORTATION ATFN: JAY OKLAHOMA CITY, OK 00000-0000 Work Order Nnmb~r: 103740 VEHICLE DATA: Nnmber: 6788 Make: FREIGHT Model: CONDO Mechanic: JC S~tal~: 846098 CUST. PlO # PHONE (717) 245-0076 FAX (717) 245-0648 Work Order Date: 12/13/00 Lieen~: 15M-881 Y~ar: 1996 Mileage: 604070 WORK pERFORMED/COMMENTS -PERFORM LOAD SWAP OF CARGO FROM ROLLED TRAILER -OFF LOAD ALL PRODUCT UNDER STRICK SUPERVISION FROM PA DEPT. OF FOOD & DRUG & INSUIL ADJUSTER FROM CRAWFOKD & CO. ALSO WITH ADVISE & INSTRUCTIONS FROM JONATHON DAILY IN O.S.&D. [SESTACK & SEPERATE ALL DAMAGES / WASH ALL PACKAGES WITH HOT WATER & KESTACK A TOTAL OF 240 AND SHRINK WRAP ALL PACKAGES PEK SKID IN FRONT PORTION OF TRAILER AND SECURE EACH SE~~ -LOAD ALL RESALABLE PACKAGES GO .MARKAND REWRAP ALL DAMAGED PACKAGES AND LOAD SEPERATE FROM GOOD CAR FE~J - [ .................... BREAKDOWN OF CHARGES -. Ou~nfl~ Pelee Am~mt Pm N,,mbm' ~ ~--..~---~--.~--~-- 1.00 $200.00 $200.00 DOCK REbT~AL 5.00 $75.00 $375.00 FORKLIFT RENTAL 2.00 $75.00 $150.00 TKACTOR RENTAL 1.00 $75.00 $75.00 DUMPSTER FEE LABOR ALL WORK pERFORMED 87.00 $50.00 $4,350.00 AIR BAG LOAD SECUREMENT 10.00 $15.00 $150.00 12.00 $5.00 $60.00 s. K ,5.r 5.00 moo s-,5.oo FEB - 8 2001 SIGN HERE Taxable Parts: $0.00 Taxable Labor: $0.00 Non Taxable Pm-ts: $1,085.00 No~ Taxabl~ Labor:. $4,350.00 Sub Total: $5,435.00 E so.co Ti~ Tax: $0.00 FEB - 8 Z001 TOTAL DUE: $5,435.00 FE~j '-- ~ Z0O~ REPLACED PARTS WILL BE DISCARDED UNLESS CHECKED H SAVE BY MY SIGNATURE I ACKNOWLEDGE RECEIPT OF THE VI AN~ AGREE THAT AFTER EXAMINING IT I FIND THE VEHll SATISFACTORY CONDITION AND I AM SATISFIED WITH THE QUAL WOF '~D MATERIAL. VERIFICATION I have read the statements made in the foregoing Document and they are true and correct to the best of my knowledge, information and belief. I tmderstand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date: /~[ '//' O I ,_, 2001 JOHN'S MOBILE REPAIR SERVICE, INC., Plaintiff ROCOR INTERNATIONAL INCORPORATED, a/k/a ROCOR TRANSPORTATION COMPANY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-54 CIVIL ACTION : : AFFIDAVIT OF SERVICE OF PLAINTIFF'S 10 DAY NOTICE COMMONWEALTIi OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff, John's Mobile Repair Service, Inc., in the above-captioned action. 2. That a 10 Day Notice was served upon Defendant, Rocor International Incorporated, a/k/a Rocor Transportation Company, on February 14, 2002, by regular United States mail with a Certificate of Mailing, addressed to William Wiley, President, Rocor International, 4350 Will Rogers Parkway, Suite 300 S, Oklahoma City, OK 73108. 3. That the said receipt for Certificate of Mailing is attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.~. S~unsworn falsification to authorities Date: February 26, 2002 l~I ~r k D;S~wartz, Esquire Attorney I .D. # 70216 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff, John's Mobile Repair Service, Inc. U.S. POSTAL SERVICE C':RTIFICATE OF MAILING MAY BE USED FOR DOMESTIC ANO iNTERNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE--POSTMASTER , IRWIN ~mmIGltT & ]iD[msS 60 I~ST PiI~PRKT S~ CAnT.ISLEE PA 17013 One piece of ordinary.maiL addressed to: WILLTLAM I/ILEX, PRESID~IqT ROCOR IItTIitG~ATIONAL SUITE 300 S O[q.ano~A CITY OK 73108 PS Form 3817, Mar. 1989 JOHN'S MOBILE REPAIR SERVICE, INC., Plaintiff ROCOR INTERNATIONAL INCORPORATED, a/k/a ROCOR TRANSPORTATION COMPANY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-$4 CIVIL ACTION PRAECIPE TO ENTER DEFAULT JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiff, John's Mobile Repair Service, Inc., and against the Defendant, Rocor International Incorporated, a/k/a Rocor Transportation Company, for failure to file a timely Answer to the Complaint and assess Plaintiffdamages as follows: Amount of Judgment as Requested in Complaint $27,781.00 I hereby certify that a copy of the 10-Day Notice under Rule 237.1 was properly served. A copy of said Notice and the attorney's Affidavit of Service are attached hereto. Respectively submitted, IRWIN, M~NIGHT & HUGHES Supreme Ct. I.D. # 70216 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. U.S. POSTAL SERVICE C~RTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: 60 ~ST PO~ S~ET CA~LISLE~ PA 1~013 One piece of ordinary,mail addressed to: ~LI.T AM ~l.~ R~OR I~K~NATIONAl. SUI~ 300 S O~q.AgOMA CITY OK 73108 PS Form 3817, Mar, 1989 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 27th day of February, 2002, a copy of the foregoing document was served by f~rst-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: WILLIAM WILEY, PRESIDENT ROCOR INTERNATIONAL 4350 WILL ROGERS PARKWAY SUITE 300S OKLAHOMA CITY, OK 73108 Mark D. Schwartz, Esquire JOHN'S MOBILE REPAIR SERVICE, INC., Plaintiff ROCOR INTERNATIONAL INCORPORATED, a/k/a ROCOR TRANSPORTATION COMPANY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-54 AFFIDAVIT OF SERVICE OF PLAINTIFF'S 10 DAY NOTICE CML ACTION COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff, John's Mobile Repair Service, Inc., in the above-captioned action. 2. That a 10 Day Notice was served upon Defendant, Rocor International Incorporated, a/k/a Rocor Transportation Company, on February 14, 2002, by regular United States mail with a Ce~ificate of Mailing, addressed to William Wiley, President, Rocor International, 4350 Will Rogers Parkway, Suite 300 S, Oklahoma City, OK 73108. 3. That the said receipt for Certificate of Mailing is attached hereto and made a prat hereof. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penaltias~Z ~g to unswom falsification to authorities Date: February 26, 2002 l~l~k D.'S~wartz, Esquire Attorney I .D. # 70216 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff, John's Mobile Repair Service, Inc. JOHN'S MOBILE REPAIR SERVICE, INC., Plaintiff ROCOR INTERNATIONAL INCORPORATED, a/k/a ROCOR TRANSPORTATION COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-54 CML ACTION AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the Defendant on January 22, 2002, by certified, return receipt mail, addressed to William Wiley, President, Rocor International, 4350 Will Rogers Parkway, Suite 300S, Oklahoma City, OK 73108, with Remm Receipt Number 7000 1530 0002 4693 6509. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the~8 ~~904, relating to unsworn falsification to authorities MAR~ D. SCHWARTZ, ESQUIRE Attorney for Plaintiff Date: February 28, 2002 · ~omplete items 1, 2, and 3~ Also complete item 4 if Restricted Delivery is desired. · Print,zour name and address on the reverse so th~ we ca~ return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Rocor [International 4350 Will Rogers Pa.rkway Suite 300S Oklahoma City, OK 73108 2. Art c e Numl~er (CepY. from service label) 70001530000Z46936509 Received by fi=lease p~nt Clearly) Date of Delivery [] Agent If YES, enter deliverY i 3. Service lype [~ Certified Mail [] Expm~ Mail I~ Registered 3['1 Return Receipt fo~ Merchandise r"l Insured Mail i-1 C.O.D. 4. Restricted Dailve~/? (Extra Fee) [] Yes PS Form 3811, July 1999 Domestic Return Receipt 102595-{X)-M~952