IN THE COURT OF COMMON PLEAS
OF BEAVER COUNTY, COMMONWEALTH OF PENNSYLVANIA
INSERT YOUR FULL NAME §
Plaintiff, §
§
v. § Case No.
§
ABOVE AUTO INC. §
Defendant. §
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES Insert Your Name, Plaintiff, and files this Complaint against Above Auto Inc., Defendant, and for cause would show this Honorable Court as follows:
PARTIES
Plaintiff Insert Your Name is a law-abiding adult of sound mind and a resident of Insert Address.
Defendant Above Auto Inc. is a company in the business of conducting vehicle repairs whose business address is 1326 Green St., Aliquippa, PA 15001.
JURISDICTION AND VENUE
Jurisdiction exists in this Court pursuant to PA Consolidated Statutes § 931.
Venue is proper in this Court because the causes of action took place in Beaver County.
STATEMENT OF FACTS
Plaintiff took his car to Defendant for repairs on Insert Date. Defendant promised to look for spare parts to repair the vehicle.
Two months later, Defendant returned with a quote which stated that the cost of repair would be $12,000.00. defendant did not find the parts for repairing Plaintiff’s vehicle.
Plaintiff informed Defendant that he would be taking his vehicle. Defendant informed Plaintiff that he owed $3,500.00 in storage fees.
On the day Plaintiff brought his vehicle to Defendant’s garage for repairs, Defendant did not inform Plaintiff of any requirement to pay storage fees.
Defendant has refused to release Plaintiff’s vehicle until he pays “storage fees” in the amount of $3,500.00. Plaintiff is under the impression that Defendant wants to push him to trade in his vehicle, something he does not want to do.
CAUSES OF ACTION
Breach of Contract
Plaintiff hereby incorporates the facts and allegations stated in Paragraphs 1-9 as though set out in full herein.
There existed an implied contract between Plaintiff and Defendant that Defendant would purchase parts and repair Plaintiff’s vehicle.
“A contract implied in fact can be found by looking to the surrounding facts of the parties’ dealings. Offer and acceptance need not be identifiable and the moment of formation need not be pinpointed.” Ingrassia Construction Company, Inc. v. John M. Walsh¸ 337 Pa. Superior Ct. 58 (1984). The aforementioned facts referenced above lead to the conclusion that there was an implied contract between Plaintiff and Defendant.
In Meyer, Darragh, Buckler, Bebenek, & ECK, PLLC v. Law Firm of Malone Middleman, 137 A. 3d 1247 (2016), the Pennsylvania Supreme Court held as follows: “It is well established that three elements are necessary to plead a cause of action for breach of contract, (1) the existence of a contract, including its essential terms, (2) a breach of the contract, and (3) resultant damages. J.F. Walker Co. Inc. v. Excalibur Oil Grp. Inc.¸ 792 A. 2d 1269, 1272 (Pa. Super. 2002). Additionally, it is axiomatic that a contract may be manifest orally, in writing, or as an inference from the acts and conduct of the parties.”
Defendant breached the contract when it failed to find parts and repair Plaintiff’s vehicle within reasonable time. Defendant took two months to give Plaintiff a quote for the repair. There was no mention of any storage fees. Maliciously and in bad faith, Defendant has refused to release the vehicle back to Plaintiff while demanding that Plaintiff pays “storage fees” totaling $3,500.00.
As a result of Defendant’s breach, Plaintiff has been forced to find alternative means of transport wherever he goes, which has been hectic for him. Plaintiff has been denied the use of his car by Defendant when he’s still the rightful owner.
Defendant is liable for breach of contract and ought to pay damages to Plaintiff.
Unjust Enrichment
Plaintiff hereby incorporates the facts and allegations stated in Paragraphs 1-16 as though set out in full herein.
In AmeriPro Search, Inc. v. Fleming Steel Co.¸ 787 A. 2d 988 (2001), the Court stated thus: “The elements of unjust enrichment are benefits conferred on defendant by plaintiff, appreciation of such benefits by defendant, and acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value. The most significant elements of the doctrine is whether the enrichment of the defendant is unjust; the doctrine does not apply simply because the defendant may have benefitted as a result of the actions of the plaintiff. Where unjust enrichment is found, the law implies a quasi-contract which requires the defendant to pay to plaintiff the value of the benefit occurred. Schenck v. K.E. David Ltd¸ 446 Pa. Super. 94, 666 A. 2d 327, 328-329 (1995). In other words, the defendant makes restitution to the plaintiff in quantum meruit. Schenck, 666 A. 2d at 329.”
Defendant conferred upon itself the benefits of Plaintiff’s vehicle when it refused to release Plaintiff’s vehicle back to him and demanded that Plaintiff pays storage fees amounting to $3,500.00 that were not agreed upon.
Plaintiff is the rightful owner of the subject vehicle. He only took it to Defendant for repairs. He did not intend to confer permanent ownership of the vehicle to Defendant. Since Defendant failed to find the necessary parts and repair Plaintiff’s vehicle, Plaintiff wanted to take back his vehicle so he could do with it as he pleased. Plaintiff has the right to take back his vehicle from Defendant without paying any storage fees that were not agreed upon but were unjustly imposed by Defendant.
It will be an injustice to allow Defendant to continue retaining possession of Plaintiff’s vehicle. Therefore, Defendant is liable for unjust enrichment and ought to pay damages to Plaintiff.
PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this Honorable Court to grant him the following reliefs:
GRANT judgment in favor of Plaintiff;
ISSUE an Order of Specific Performance compelling Defendant to give back the subject vehicle to Plaintiff;
AWARD Plaintiff damages for breach of contract and unjust enrichment in the sum of $17,830.00;
AWARD Plaintiff punitive damages;
AWARD Plaintiff costs of this suit and attorney fees as allowed by law;
AWARD Plaintiff any equitable relief this Court deems fair; and
AWARD Plaintiff such further relief as may be appropriate under the circumstances.
Dated this _____ day of January, 2022.
Respectfully Submitted,
___________________________________
Insert Your Full Name
Insert Your Address
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Plaintiff in pro per
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