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HomeMy WebLinkAbout14-4870 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANTI MAG.DIST.NO, -NAME OF MDJ 1540-vn 6lrakf -P% L)r) htl js C-#, V(VlA]h'Lek"--r ADDRESS OF APPELLANT CITY SATE ZIP CODE 41+077 h bare) V* 2Z 1 7 DATE OF JUDGmENT N THE CX5F-OF(Maint9t) (Defen an A 0-7/ 17/26 114 orl' *ato -,;;:�-J1a-utyy? Gooup :DBA- Ud-tj�t-4, '4- LaA 6"Cle %G DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MTQ nA&W V-1:zk A This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (se 4 Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J.No.1008B. This Notice of Appeal, when received by the Magisterial District Judge,will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days afterfiling the NOTICE of APPEAL. C) t+-' c- Signature of Prothonotary or Deputy rn LID M- M� 7,b PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE Cn CD (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C,P.D.J. No. 1001(7) in actr6efbre Maqistehal District Judge. IF NOT USED,detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary tq Enter rule upon C6 10 VA appellee(s),to file a-c6mpUmt in this appeal Name of appellee(s) (Common Pleas No. within twenty(20)days after service of rule or suffer entry of judgment of non pros. 44A Signature oY46)5p&7ant or attorney or agent RULE: To CD10j, let appellee(s) Name or appelleets) (1) You pre notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rut'e e Opori you by personal service or by certified or registered mail. (?) 'lfyou do`Ir.6t%6.a compla,int within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3y The date'd service of this rule if service was by mail is the date of the mailing. Date: n^1'L/ Signature of Prothonotary or Deputy You,Must INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. The appellee and the magisterial district judge in whose office the judgment was rendered must be served with a copy of this Notice pursuant to Pa.R.C.P.M.D.J.1005(A). mrte ubg, AOPC 312-05 in 160 99a3 COMMONWEALTH OF PENNSYLVANIA COUNT" OF CUMBERLAND Notice f3 JUtgtl"MeTItITTaifSCt#x}11 .'+IYII Case Mag, Dist.No: MDJ-09-2 tat MDJ Name: Honorable Jessica Brewbaker Colonial Auto Care V, Address; 18 North Hanover Street, Suite 106 Sallaum Group DBA United Business Central Building Carlisle,PA 17013 Telephone: 717-240-6564 Sallaum Group DBA United 44075 Pipeline Plz Docket No: MJ>09202=CV-0000057-2014 Ashbum, VA Case Filed; 4/8/2014 Disposition Summary (cc-cross Complaint) Docket No. Plaintiff Defendant _Disposition Disposition Date MJ-09202-CV-000007,2014 Colonial Auto Care. 5allaum Group DBA United Judgment for Plaintiffi Judgment.Summary 0711712014 arttci ant. JointtSeveral Liability IndividuM Liability Colonial Auto CareA o nt $0,00 50:00 Sallaum Group DBA United $0.00 S9A10:00 50.04 $9.,110.00 Judgment Finding _..... 9 g (`Post Judgment) In the matter of Colonial Auto Care vs. Sallaum Group DBA.United on MJ-09202-.CV-0000057-2034, on 7/1712014the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Arnoun Civil Judgment 50.00 $8.949.60 Costs S0 0.0 $8,.949.50 $160,50 5160.54 Grand Total: $9,110.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH YOUR.NOTICE OF APPEAL, EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGESi IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHEIT PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE.COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Da �.. Magisterial District Judge Jessica Brewbaker cert that this is a true an correct.copy o.t e recon of t e proceedings containing the judgment, Date Magisterial District Judge MDJS 315 Pae 1 of 2 -,� .... _._... �.__ ... ..._.__..., .W _ .. Page Printed:07/18/20.14 1:40:51 PM Colonial Auto Care V. Docket No,: MJ-09202-CV-0000057-2014 Sallaum Group DBA United Participant List Plaintiff(s) Colonial Auto Care 9960 Jonestown Road Harrisburg,PA 17109 Defendant(s) Sallaum Group DBA United 44075 Pipeline.Plz Ashburn,VA MbJS 315 � _ Page 2 of 2 Printed 07118/2014 1:40:51Pb1 Co o vt 0A -76V C6L-e-e VS 5'61,,I1AAN Gkro Te-r-e-41bckYrE In the Court of Common Pleas of Cumberland County, Pennsylvania No. i9 7Q Civil Term PRAECIPE C) E Nr- Rce.-Lor e s David D. Buell, Prothonotary t, D r -i ri N 2250 0000 m ra D N U.S. Postal Service TM CL6;TIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.come OFC CC AL ..USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tntal Pnctanq R_ FRAC qi 4O.y Colonial Auto Care 3960 Jonestown Road Harrisburg, PA 17109 SENDER: COMPLETE: THIS SECTION, and,f xobi Roo& Postmark Here Ps Ar/ or Instructions ■ mplete'(tems 1, 2, and 3. Also complete i r m'4 if Restricted Delivery is desired. ■• int yqur name and address on the reverse • :sq that. we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. S. 1. Article Addressed to: Colonial Auto Care .3960 Jonest vn Road Harrisburg, PA 17109 ru 1 r rq U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance overage Provided) For delivery information visit our website at www.usps.come •.COMPLETE, 11 -PS. SECTION. ON DELIVERY A. .I! ure m ra D N OL U 11 C A Lam. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postaae &.Fae The Honorable Jessica Brewbaker 18 North Hanover Street, Suite 106 Business Central Building Carlisle, PA 17013 eNd Postmark Here 5 ❑ Agent Addressee c4Pptacme) Dat:.f D Ole • ve D elivery address diff enter deliv t iZ \�UI?G PA em 1 ? 0 lis ress below: 0 No 3. S rvice Type Certified Mail® Priority Mail Express" ❑ Registered Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 'Yes 2. Article Number (Transfer from service labeq 7013 2250 0000 5570 1105 I PS Form 3811, July 2013 Domestic Return Receipt t. 4ec/ Wir SEN ER: Cz3`MPLETE.THIS' SECTION• • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE. THIS SECTION.ON DELIVERY. • 1. Article Addressed to: The Honorable Jessica Brewbaker 18 North Hanover Street, Suite 106 Business. Central Building Carlisle, PA 17013 .• ived by P ' ted Na if Drive D. Is delivery address different fro em 1? 0 Yes If YES, enter delivery address below: 0 No rvice Type Certified Mail° g Priority Mail Express" ❑ Registered A Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7013 2250 0000 5570 1112 1 .! PS Form 3811, July 2013 Domestic Return Receipt COLONIAL AUTO CARE SALES AND SERVICE DBA EMEKA K OGUEJIOFOR Plaintiff V SALLAUM GROUP DBA UNITED CARGO Defendant COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. MDJ -09202-CV-000QY57-21134 c y• - r AND NOW, comes Plaintiff, Colonial Auto Care Sales and Service, DBA Emeka Oguejiofo, files this Complaint against Defendant Sallaum Group DBA United Cargo, in support whereof Plaintiff avers as follows: PARTIES 1) Plaintiff is Colonial Auto Care Dba Emeka Oguejiofor with a principal address 3960 Jonestown Road Harrisburg, PA 17109 2) Defendant is Sallaum Group Dba United Cargo 44075 Pipeline Plaza Ashburn, VA Jurisdiction and Venue 3) Jurisdiction and venue are proper in Cumberland County, Pennsylvania because Colonial Auto Care was in the county when the transaction was done in their office in Carlisle. FACTUAL BACKGROUND 4) On or about January 8th 2012 Colonial Auto Care booked cars to be shipped to Nigeria through Sallaum Group Volvo and Mitsubishi Endeavor and Sallaum Group was paid for the service. 5) Sallaum Group is a licensed shipping agent in United States. 6) The cars were shipped and was lost at the port due to Sallaum Group negligence 7) The owner threatened to sue us and we have no other choice than to settle them and come after Sallaum group 8) This case was before the Honorable Jessica Brewbaker and has found the plaintiff guilty of Negligence C C , WHEREFORE, Plaintiff respectfully requests that judgment to be e entered in its favor and against Defendant in the amount of $9,110.00 together with punitive damages, interest and such other relief as the Court deems and appropriate under the circumstances. VERIFICATION I, Emeka K Oguejiofor, hereby certify that I am the owner of Colonial Auto Care Sales and Service, and I am authorized to make this Verification. 1 have read the foregoing document nd verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief Emeka Oguejiofor Date 09/04/2014 KOPE & ASSOCIATES, LLC BY: NATHAN C. VOLPI PA I.D. No. 314604 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 nvolpi (a,kopelaw. com EMEKA OGUEJIOFOR, D/B/A COLONIAL AUTO CARE, Plaintiff/Appellee v. SALLAUM GROUP, D/B/A UNITED CARGO, Defendant/Appellant 71! ED - HE PRO -fat- C 2914 SEP 15 PM 'I2: t$ CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant/Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 4870-14 CIVIL PRELIMINARY OBJECTIONS TO PLAINTIFF/APPELLEE'S COMPLAINT NOW, this L day of September, 2014, the Defendant/Appellant, United Cargo, by and through its attorneys, Kope & Associates, LLC, and respectfully files these Preliminary Objections to the Plaintiff/Appellee's Complaint, filed on September 4, 2014. I. Plaintiff/Appellee's Complaint is Legally Insufficient to Support Its Claim. 1. Pennsylvania's Rules of Civil Procedure provide that preliminary objections may be filed where there is insufficient specificity in a pleading. See Pa. R.C.P. 1028(a)(4). 2. In reviewing preliminary objections in the nature of a demurrer "the court must accept as true all well pleaded material allegations and any reasonable inferences therefrom". Bayada Nurses, Inc. v. Com. Dept. of Labor and Industry, 607 Pa. 527 (2010). 1 3. "However, a court need not accept as true conclusions of law, unwarranted inferences, allegations, or expressions of opinion". Id (citing Pa. State Lodge v. Dep't of Labor and Indus., 692 A.2d 609, 613 (Pa. Cmwlth. 1997). 4. Plaintiff/Appellee does not make any factual allegations against the Defendant/Appellee and only provides conclusions of law. 5. Specifically, Plaintiff/Appellee alleges that the cars were lost "due to Sallaum Group negligence". 6. Plaintiff/Appellee does not allege any actions done by Defendant/Appellant, however. 7. Nowhere in Plaintiff/Appellee's Complaint are any factual averments made as to how Defendant/Appellant behaved negligently especially as they relate to the elements of breach and cause. 8. Moreover, Plaintiff/Appellee has failed to allege any facts showing that Defendant/Appellant had any obligation or duty of care with regards to the cars in Nigeria. WHEREFORE, Defendant/Appellant respectfully requests this Honorable Court to grant its demurrer and enter judgment finding it not liable as the Plaintiff/Appellee has failed to properly support its claim. II. Plaintiff/Appellee has Insufficiently Pled Its Complaint with Specificity. 9. Pennsylvania's Rules of Civil Procedure provide that preliminary objections may be filed where there is insufficient specificity in a pleading. See Pa. R.C.P. 1028(a)(3). 10. In this case, the Plaintiff/Appellee's Complaint alleges that a transaction occurred in Carlisle, but does not aver what this transaction was, what it constituted, if it was in writing or if even what relationship it has to this case. 2 11. Plaintiff/Appellee alleges that "the cars were lost at the port", but does not allege what port, what date or even where in Nigeria this allegedly occurred. 12. Plaintiff/Appellee alleges that "the owners" threatened to sue them, but does not ever identify who the owners were, why they threatened to sue and why Plaintiff/Appellee was "left with no other choice" but to sue Sallaum Group. 13. Plaintiff/Appellee scratched out and handwrote a word over `plaintiff in its eighth (8th) paragraph, but Defendant/Appellant cannot determine what the new word is and is left to guess. 14. Plaintiff/Appellee does not make any factual allegations as to Defendant/Appellant's behavior, only alleging "due to Sallaum Group negligence". 15. "Pennsylvania is a fact -pleading state; a complaint must not only give the defendant notice of what the plaintiff's claim is and the grounds upon which it rests, but the complaint must also formulate the issues by summarizing those facts essential to support the claim". Foster v. UPMC South Side Hosp., 2 A.3d 655, 666 (Pa. Super. 2010) (quoting Lerner v. Lerner, 954 A.2d 1229, 1235 (Pa. Super. 2008)). 16. For the above reasons, Defendant/Appellant cannot determine "with accuracy and completeness" the "specific basis on which recovery is sought" and cannot "know without question upon what grounds to make [our] defense". Rambo v. Greene, 906 A.2d 1232, 1236 (Pa. Super. 2006) (quoting Ammlung v. City of Chester, 302 A.2d 491, 498 n. 36 (Pa. Super. 1973)). WHEREFORE, Defendant/Appellant respectfully requests this Honorable Court grant the Preliminary Objections and enter judgment in favor of the Defendant/Appellant as the Plaintiff/Appellee has failed to plead its case with sufficient specificity. 3 III. Plaintiff/Appellee has Improperly Attempted to Serve Defendant/Appellant via Facsimile Transmission. 17. Pennsylvania's Rules of Civil Procedure only allows for documents to be sent by facsimile transmission "if the parties agree thereto or if a telephone number for facsimile transmission is included on an appearance or prior legal paper filed with the court". Pa. R.C.P. 440(d)(1). 18. Plaintiff/Appellee has attempted to serve the Defendant/Appellant with both the Complaint and a copy of an Exemplified Record of this case by facsimile transmission. 19. The Complaint, but not the Exemplified Record, was also sent to Defendant/Appellant by certified mail, which Defendant/Appellant does not object to. 20. Defendant/Appellant has never consented to having documents served on it by facsimile transmission. 21. Defendant/Appellant has never filed any legal papers in this case with a fax number printed upon them. WHEREFORE, Defendant/Appellant respectfully requests this Honorable Court grant the Preliminary Objections and enter judgment in favor of the Defendant/Appellant as the Plaintiff/Appellee has improperly sent documents to the Defendant/Appellant or at least prohibit the Plaintiff/Appellee from continuing to attempt service in such a manner. 4 Dated: September 11 , 2014 5 Respectfully Submitted, KOPE & ASSOCIATES, LLC 7(A, Nathan Volp% Esquiref PA I.D. 314604 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) KOPE & ASSOCIATES, LLC BY: NATHAN C. VOLPI PA I.D. No. 314604 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 nvolpi@kopelaw.com EMEKA OGUEJIOFOR, D/B/A COLONIAL AUTO CARE, Plaintiff/Appellee v. SALLAUM GROUP, D/B/A UNITED CARGO, Defendant/Appellant Attorney for Defendant/Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 4870-14 CIVIL CERTIFICATE OF SERVICE I, Nathan Volpi, Esquire, hereby certify that on September � 2014, I served a copy of the foregoing documents by first-class, United States mail to the following individuals addressed to: Emeka K. Oguejiofor Colonial Auto Care Sales and Service. 3960 Jonestown Road Harrisburg, PA 17109 6 KOPE & ASSOCIATES, LLC Cf4VA' Nathan Volpi, Esquire PA I.D. 314604 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) KOPE & ASSOCIATES, LLC BY: NATHAN C. VOLPI PA I.D. No. 314604 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 nvolpi@kopelaw.com EMEKA OGUEJI0FOR, D/B/A COLONIAL AUTO CARE, Plaintiff/Appellee v. SALLAUM GROUP, D/B/A UNITED CARGO, Defendant/Appellant Attorney for Defendant/Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • • • • • 4870-14 CIVIL AND NOW, this ORDER day of , 2014, upon consideration of Defendant/Appellant's Preliminary Objections, it is hereby ORDERED that the Preliminary Objections are SUSTAINED and the Plaintiff/Appellee's Complaint is hereby dismissed with prejudice. BY THE COURT: CC: Nathan Volpi, Esquire Eureka K. Oguejiofor, Plaintiff/Appellee 7 t CP- n PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) CD TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for th ext CD Argument Court) Defendant/Appellant's Preliminary Objections "" a c„ �w rTf rT1 i"" CAPTION OF CASE =� '-"`� (entire caption must be stated in full) cn nu1-1: z Emeka Oguejiofor, D/B/A Colonial Auto Care -1`�,© - 7:-:;:"c'5)'' �G7 L7 vs. — a-- Cf ;1. Sallaum Group, D/B/A United Cargo `r No. 4870 14 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant/Appellant's Preliminary Objections to Plaintiff/Appellee's Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Emeka Oguejiofor, Pro Se (Name and Address) 3960 Jonestown Road, Harrisburg, PA 17109 (b) for defendants: Nathan Volpi, Esquire (Name and Address) 3900 Market Street, Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 14, 2014 - 11/14/2014 Date: O CU L (/ Z 6 l 1t Signature W04±1/1 0.4,1 149 I p Print your name Defendant/Appellant Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. AK\cg \q•-/ GAL t\ KOPE & ASSOCIATES, LLC BY: NATHAN C. VOLPI PA I.D. No. 314604 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 nvolpi@kopelaw.corn EMEKA OGUEJIOFOR, D/B/A COLONIAL AUTO CARE, Plaintiff/Appellee V. SALLAUM GROUP, D/B/A UNITED CARGO, Defendant/Appellant Attorney for Defendant/Appellant : IN THE COURT OF COMMON :PLEAS : CUMBERLAND :COUNTY, :PENNSYLVANIA • • 4870-14 CIVIL CERTIFICATE OF SERVICE I, Nathan Volpi, Esquire, hereby certify that on September IL, 2014, I served a copy of the foregoing documents by first-class, United States mail to the following individuals addressed to: Emeka K. Oguejiofor Colonial Auto Care Sales and Service 3960 Jonestown Road Harrisburg, PA 17109 KOPE & ASSOCIATES, LLC iffy Na . olpi, Esquire PA I.D. 314604 3900 Market Street Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) EMEKA OGUEJIOFOR, D/B/A COLONIAL AUTO CARE, Plaintiff/Appellee : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 4870-14 CIVIL SALLAUM GROUP, D/B/A UNITED CARGO, Defendant/Appellant IN RE: PRELIMINARY OBJECTIONS TO PLAINTIFF/APPELLEE'S COMPLAINT BEFORE GUIDO, J., EBERT, J., AND PLACEY, J. ORDER OF COURT AND NOW this 24th day of November, 2014, upon consideration of Defendant's Preliminary Objections, Defendant's brief, oral argument held on November 14, 2014, and noting that Plaintiff has not filed a response to Defendant's Preliminary Objections or a brief in opposition; IT IS HEREBY ORDERED AND DIRECTED that Defendant's Preliminary Objections are GRANTED. Plaintiff's Complaint is dismissed without prejudice with leave to refile within twenty (20) days after notice of this Order. By the Court, CD CZ cnr r— > CD Emeka Oguejiofor, Pro Se Plaintiff Colonial Auto Care Sales and Services 3960 Jonestown Road Harrisburg, PA 17109OOPieg a4�l!4 Nathan Volpi, Esquire I pith Attorney for Defendant EMEKA OGUEJIOFOR, D/B/A COLONIAL AUTO CARE, Plaintiff V. SALLAUM GROUP, D/B/A UNITED CARGO, Defendant 4870-14 CIVIL REQUEST TO REOPEN THE CASE #fC PROTHC OTA' 21J l i DEC 12 PH L 0 CUMBERLAND COUNTY PENNSYLVANIA Now, this _ day of December, 2014, the Plaintiff Emeka Oguejiofor D/B/A Colonial Auto Care requesting for reopen of the case between us and United Cargo. 1} Colonial Auto Care paid Sallaum Group to export a vehicle to Lagos Nigeria, and according to the port we discovered by Nigerian Company called Angelinc Limited that Sallaum group lost the vehicle due to their negligence and did not informed us about 10 months they now notified us . The storage charges were outrageous that we cannot afford to pay for the car any more. They accepted that they will be responsible for the storage and later they denied it. We are requesting the court to enter Judgement against Sallaum Group in the amount of $9110.00 Yours Truly Emeka Oguejiofor Manager 1 54 EMEKA OGUEJIOFOR, D/B/A COLONIAL AUTO CARE, PLAINTIFF /APPELLE. V. SALLAUM GROUP, D/B/A UNITED CARGO COMPLAINT THE: E: PROIiiO O 201 it DEC 12 P11 1: 3 7 CUMBERLAND COUNTY 48/70 PENNSYLVANIA CASE 4870- CIVIL Now, this day of December, 14, 2014 the Plaintiff Emeka Oguejiofor d/b/a Colonial Auto Care hereby requesting the court to enter judgement against United Cargo D/b/a Sallaum Group in the amount $9110.00 1) Colonial Auto Care D/B/A Emeka Oguejiofor hired Sallaum Group d/b/a united cargo to ship a car to Lagos Nigeria. United Cargo lost the car at the port of Lagos, Nigeria. It took them about 10 months to find the car. 2) Ten months after they notify us that the car had arrived Nigeria and the storage was outrageous to pay and it worth more than the said vehicle. 3) United Cargo d/b/a is doing unprofessional business and they cannot contact customer rather they try to avoid phone calls. I am requesting the court to enter judgment in my favor amount $9110.00 EMEKA OGUEJIOFOR, D/B/A COLONIAL AUTO CARE, Plaintiff/Appellee v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SALLAUM GROUP, D/B/A UNITED CARGO, Defendant/Appellant : NO. 14-4870 CIVIL ORDER OF COURT AND NOW this 17th day of December, 2014, upon consideration of Emeka Oguejiofor, d/b/a Colonial Auto Care, Pro Se "Request to Reopen the Case;" IT IS HEREBY ORDERED AND DIRECTED that the request is DENIED. By Order of this Court dated November 24, 2014, Plaintiff was granted leave to refile his complaint within 20 days after notice of that Order. By the Court, ✓ureka Oguejiofor, Pro Se Plaintiff Colonial Auto Care Sales and Services 3960 Jonestown Road Har isburg, PA 17109 Nathan Volpi, Esquire Attorney for Defendant COID t'E,S Jai /, // / bas