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Home My WebLink About02-3023NEWTOWN STEEL CORPORATION, Plaintiff JOHN'S MOBIL REPAIR SERVICE, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW : JURY TRIAL OF TWELVE 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 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 Plaintiffs. 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 (717) 249-2663 MARTSON DEARDORFF WILLIAMS & OTTO D'ff~-F~R. GallDwa '~ BYI.D. Number 87326~'~// Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Plaintiff Dme: June 20, 2002 NEWTOWN STEEL CORPORATION, Plaimiff JOHN'S MOBIL REPAIR SERVICE, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~..2. - ..~ o .7.~ CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT PlaintiffNewtown Steel Corporation is a Pennsylvania corporation doing business at 200 Corell Drive, Bristol, Bucks County, Pennsylvania. 2. Defendant John's Mobil Repair Service, Inc. is a Pennsylvania corporation doing business at 60 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 3. At all times pertinent hereto, Plaintiff was in the business of buying and selling steel products. 4. On July 10, 2000, Plaintiffpurchased from Thyssen Krupp Steel North America a steel coil for $3,221.00. 5. The above referenced steel coil was stored at Defendant's place of business. 6. On July 26, 2001, Plaintiff informed Defendant that Plaintiff was coming to remove the steel coil from Defendant's place of business. 7. At that same time, Defendant indicated it no longer possessed the steel coil as it had sold the coil to Dimler's Salvage Yard in Perry County, Pennsylvania. COUNT I Conversion 8. Paragraphs 1 through 7 of this Complaint are hereby incorporated by reference. 9. Defendant, by disposing of the property, has caused damage to Plaintiff. 10. As a result of the foregoing, Plaintiffhas been deprived of the possession, control, and enjoyment of its property, which Plaintiff originally purchased for $3,221.00 and which had a reasonable resale value of $4,000.00. 11. As a result of the foregoing, Plaintiffhas been deprived $1,500.00, the profit from the use of the steel coil. WHEREFORE, Plaintiff`demands judgment against Defendant in the amount of $5,500.00, exclusive of interest and costs. MARTSON DEARDORFF WI! J lAMS & OTTO Ien East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: June 20, 2002 VERIFICATION I, Michael Kaye, President of Newtown Steel Corporation, acknowledge I have the authority to execute this Verification on behalf of Newtown Steel Corporation and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworu falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. ~,, _ ST~EEL CORPORATION Mi~ae~j~a~e ' JUN ~ ~ 2002 ~ ~ r3\A/r SHERIFF'S RETURN - REGULAR CASE NO: 2002-03023 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEWTOWN STEEL CORPORATION VS JOHN'S MOBIL REPAIR SERVICE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JOHN'S MOBILE REPAIR SERVICE INC the DEFENDANT , at at C/O JAMES HUGHES CARLISLE, PA 17013 JAMES HUGHES, ATTORNEY FOR 1442:00 HOURS, on the 26th day of June 60 W POMFRET STREET by handing to JOHN'S MOBILE REPAIR , 2002 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 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of ! Proth6notary' ' So Answers: R. Thomas Kline 06/27/2002 MDW&O By: F:~F[LESX~DATAFILE\Gendoc. cur\ 10509-pta. 8/t de Created: 07/15/0202:31:49PM Revised: 09/11/02 12:52:15PM 10509.1 NEWTOWN STEEL CORPORATION, Plaintiff Vo JOHN'S MOBILE REPAIR SERVICE, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3023 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEAP~ORFF WILLIAMS & OTTO TGeen° rEga s t°~H i al; e;'trJe ef~ ~x-~ir ~ Carlisle, PA 17013 (717) 243-3341 Date: September 11, 2002 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES West Pomffet Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 MARTSON DEARDORFF WILLIAMS & OTTO · Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 11, 2002