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Home My WebLink About02-0751TOWAWAY EXPRESS, INC., Plaintiff V. R & A MANUFACTURING, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA NO. O;- 7c/ CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Date: ~'"( (-'0 ~,.. Respectfully submitted, CUNN~NGHAM & CHERNICOFF, P.C. Henry W. ~]an Eck, Esquire I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forum escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OLLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DON-DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 TOWAWAY EXPRESS, INC., Plaintiff R & A MANUFACTURING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA :NO. : CIVIL ACTION - LAW : : COMPLAINT AND NOW, comes the Plaintiff, Towaway Express, Inc. ("Plaintiff"), by and through its counsel, Cuuningham & Chemicoff, P.C. and files its Complaint against the Defendant, R & A Manufacturing, and in support thereof avers as follows: 1. Plaintiff, Towaway Express, Inc., is a Pennsylvania business corporation having its principal place of business and its central business office located at 18 Brenneman Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, R & A Manufacturing ("R & A"), is a Texas corporation having a principal address located at 122271 FM, 529 Northwood Industrial Park West, Houston, TX 77041, and having a registered office c/o Allen Pate, 8580 Karl Freeway, suit 103, Houston Texas 77024. COUNT I BREACH OF CONTRACT 3. The allegations of Paragraphs 1 through 2 of this Complaint are hereby realleged and incorporated by reference as if more fully set forth. 4. On December 11, 2000 and on March 23,2001, Defendant and Plaintiffentered into two (2) separate agreements whereby Plaintiff agreed to provide towing services to Defendant in exchange for Defendants' promise to pay for such services. 5. As part of the Agreements, and in accordance with ICC regulations, Defendant agreed to pay Plaintiff for such services within fifteen (15) days after receiving a freight bill. 6. Defendant also agreed to a service charge of 1 1/2% per month (18% annually) for all freight bills not paid within thirty (30) days of the date of such freight bill. 7. On December 11, 2000 and again on March 23, 2001, and in accordance with the above agreements, Plaintiff did provide towing services to Defendant totaling an amount of approximately $2,725.15 as more fully set forth and evidenced by the following schedule: DATE INVOICE NO. AMOUNT 12/11/00 40817 $2,376.10 3/23/01 A41375 $ 349.05 TOTAL $2,725.15 True and accurate photocopies of each of the above referenced invoices are attached hereto and labeled Exhibit "A". Such invoices provide evidence of the two (2) Agreements. 8. Plaintiff provided the aforementioned towing services with the understanding that such services would be paid for within fifteen (15) days after Defendants' receipt of invoices for such services. 9. On or about October 9, 2001, and at various time preceding such date, Plaintiff demanded that Defendant pay for the services provided by Plaintiff as set forth above. Defendant wrongfully has refused and failed to pay Plaintiff for such services. 10. Defendant has breached the agreement by failing and refusing to pay Plaintiff for the services provided in accordance with the terms of the Agreements. 11. Defendant has no legal excuse for its' failure and refusal to perform under the agreements as regards paying Plaintiff for the services provided as alleged and set forth above. 12. All conditions precedent to recovery by Plaintiff have occurred. 13. Because of Defendants' failure and refusal to pay for the services provided by Plaintiff in accordance with the Agreements, Plaintiff has been damaged in the sum of $2,725.15, not including interest and charges, no part of which has been paid to Plaintiff. WHEREFORE, Plaintiff, Towaway Express, Inc., respectfully request a judgment in its' favor and against Defendant R & A Manufacturing for: Money damages in the amount of $2,725.15; Pre-judgment interest at the rate of 18% annually; Costs of suit; Post judgment interest at 6% annually; Reasonable attorney fees; and Such further and additional relief as the Court deems proper and just. COUNT II UNJUST ENRICHMENT 14. The allegations of Paragraphs 1 through 13 of this Complaint are hereby realleged and incorporated by reference as if more fully set forth. 15. On December 11, 2000 and March 23, 2001, Plaintiff, at the request of Defendant, provided towing service to or for the benefit of Defendant, and Defendant promised to pay Plaintiff for same. 16. The terms of the Agreements are more fully described above in Paragraphs 4, 5, and 17. The services provided have a cash value of$2,725.15, not including interest or other freight charges. 18. No part of the sum set forth above has been paid by Defendant to Plaintiff, although Plaintiff has demanded payment of that sum on or about October 9, 2001, and at various times preceding that date. 19. As a result of the services having been provided to or for the benefit of Defendant, Defendant has been unjustly enriched at the expense of Plaintiff. 20. In engaging in the conduct herein above averred, Defendant has acted willfully, maliciously, and with wonton disregard of Plaintiffs' rights and interest. WHEREFORE, Plaintiff, Towaway Express, Inc., respectfully request a judgment in its' favor and against Defendant R & A Manufacturing for: Money damages in the amount of $2,725.15; Pre-judgment interest at the rate of 18% annually; Costs of suit; Post judgment interest at 6% annually; Reasonable attorney fees; and Such further and additional relief as the Court deems proper and just. Date: Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C Hefiry W.(]qan Eck, Esquire I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 msm\docs\complain\tow-ra VERIFICATION I, Thomas Sheaffer, President of Towaway Express, Inc., verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Thomas Sheaffer, President Date: EXHIBIT "A" Sent by: T0WAWAY EXPRESS [NC. R~mlt 1'o: ."PHONE I (800) FOR, T~RUX: ('1t7) 76S-7061 P.O. Box 444 NEW KINC_>STCRNN, PA 17072-9981 SHIPPER: 717 766 8620; 10/04/01 15:22; je~ax#110;Page 4/7 TOWAW X. PRESS,. INC. AMERICAN TRAILER TRANSPORTERS FREIGHT BILL NO. Imm MO ~.& R HANUFRCTUR~NG HOUSTON, TX DATE: " 30HNSON' $ kANCH COgS!C~HEE: '* 1ETPLUMA, CA ,! ADDRESS: BILL TO: R & R MRNUFRCIUR]NG 12227 FU 599 HOUSTON, lX 77041 tGR[$S MICHAEL EMPTY 2NCL. CA TEL. PERM[1 UNIT # euugumd~e MILES 304 L "% W # _C~.~S*' TARIFF 400 - [le~ 2000 RATE C.14ARGE TOTAl. DUE OFFICE h L~.C~ I~qUIr~ ~ll~ltt IM~ 10 114 p~4~ WI~IIt !~ ~1 O! ~ Q! receipt. A SERvlGE CHARGE OF 11~% laf. R MONTH (18% ANNUALLY) WILL BE CHARGED ON ALL FREIGHT BILl.8 NOT PAID WI1HIN a~ DAYS OF DATE OF FREIGHT BILL8 0CT-04-2~1 17:43 717 ?66 8620 95x P.04 Sent by: TOWAWAY EXPRESS [NC. 717 766 8820; 10/04/01 15:22; .~#110;Page ~/7 lemi. t To: 'HONE: 1 (800) FOR-TRUX 717) 766-7061 LO. Box 444 TOWAWA.Y EXPRESS, INC. AMERICAN TRAILER TRANSPORTERS A41375 FREIGHT BILL NO. 10/04/01 JEW KINGSTOWN, PA 17072-9981 SHIPPER: R & A ~ANUFACTUR[NG ADDRESS: HOUSTON, TX CONSIGNEE: AOUANCE TRAILERS ADDRESS: IRUING, TX BILL TO: R & A HANUFRCTUR~NG 12227 FU 529 NORTHWOOD INDUSTRIAL PARK WEST HOUSTON, TX 77041 CONTA&CTOR UNIT# I OIMENS~N$ I WLEEI HAKVERSON 302 L w H ~ 255 COWODITY DESCRU~'ION I SERIAL# ~u4 (LRST 4 OPEN ZN9. SINCE 3-07-0~ RPR-OCT.O~ FIN CHRG ~ 38.33 TARIFF 400 - Item 2000 WEIGHT 1Z.~OO RATE CHARGE S34Y.U~ $38.33 TOTAL DUE $387.38 The LC.C. requires freight bdls to N paid withi~ 15 days of glare ot receipt. A SERVICE CHARGE OF 1 ~ '/~ PER MONTH (18% ANNUALLY) WILL BE CHARGED ON ALL FREIGHT BILl ~J NOT PAID WITHIN 30 DAYS OF DATE OF FREIGHT BILLS 0CT-04-2001 17:43 717 7~ ~2~ CUSTOMER P. 02 CUNNINGHA.M & CHERNICOFF, P.C. TOWAWAY EXPRESS, INC., Plaintiff R & A MANUFACTURING, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-751 Civil : : CIVIL ACTION - LAW PROOF OF SERVICE I, Henry W. Van Eck, Esquire, do hereby certify that a true and correct copy of the Complaint in the above captioned matter was served on Defendant, R & A Manufacturing, Inc., by First Class, Certified Mail, postage prepaid, on or about February 12, 2002. The original green receipt card is attached hereto. Date: Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Henry W. V~ Eck, Esquire I.D. #83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 ~ c:~ C3 TOWAWAY EXPRESS, INC., Plaintiff R & A MANUFACTURING, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-751 Civil : : CIVIL ACTION - LAW PROOF OF SERVICE I, Henry W. Van Eck, Esquire, do hereby certify that a true and correct copy of the Complaint in the above captioned matter was served on Defendant, R & A Manufacturing, Inc., by First Class, Certified Mail, postage prepaid, on or about February 12, 2002. The original green receipt card is attached hereto. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: ~-G--(D~_ By: nryW~, n~L)-[x]coC'~ He Eck, Esquire I.D.#83087 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570