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O\IVVVV.QO<JII/No""~I" I~, I VV6IMr.OIPMtlllllOl
G. TYLER AUTO SALES, INO.,
Plelntlff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. I(/() ({1:)~l>CIVIL k, I"
CIVIL ACTION - LAW
v.
CAL'S CARS, INC.,
Defendent
fiDILCll!LD.EEEND..
TO THE DEFENDANT:
You hava been sued In court. II you wish to delend against tha c1elms sat lorth In the following
peges. you must take ection within twenty (201 deys after this complaint end notice are sarved, by
entering a written appearance personally or by attornoy end IIIlng In writing with the court your delense
or objections to t1'e c10ltns set lorth ogalnsl you, You ora warned that It you loll to do 50 the COSll may
procf!od without you end e judgment me'( be entered agelnst you by the court without lurthor notice lor
any money claimed In tho complelnt or lor eny olher c1elm or rellol requasted by the Plelntlff, You mey
lose money or property or othor rights Imporlantto you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYE~ 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.
Court Administrator
Cumberland County Courthouse
One Courthouse Squara
C.rll.'s, PA 17013
(717) 240-6200
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a. TYLER AUTO SALES, INC.,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, llENNSYLVM IA
No. 96-6260 Civil
CAL'S CARS, INC.,
Defendant
CIVIL ACTION - LAW
NOW COMES, the Defendant, Cal's Cars, Inc. ("Cal's"), by its
couDI:lel, McNees, Wallace and Nurick and saya the following in
response to the Complaint of G. Tyler Auto Sales, Ino. ("1'yler").
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part and denied in part. It is denied that
at all times relevant hereto, Mark Wenger (!'Wenger") was aoting
as an agent of Tyler.
7. Admitted in part and denied in part. It is admitted
that Julie Stough ("Stough") contacted Tyler's regarding the
truck. It is denied that Stough contacted Tyler's concerning the
purchase of the truck, as the truck was owned by Wenger, a fact
known to Tyler's. By way of further answer, it is stated that
Stough believes that the contact was made around the period of
time allegfld, but is not certain if Ootober 30, 1996 is the exact
date.
B. Admitted in part and denied in part. It is admitted
that the price of the truck waa Pourteen Thousand Three Hundred
Dollars ($14,300). It is denied that the truck was owned by
Tyler. By way of further answ~r it is stated that the truck was
purchased and owned by Wenger, a fact known to Tyler's.
9. Admitted in part and denied in part. It is admitted
that Wenger agreed to sell the truck to Stough, acting on behalf
of Cal's, for the sum of Pourteen Thousand Three Hundred Dollars
($14,300). It is denied that Wenger was the agent of Tyler and
that Wenger reached the agreement on October 30, 1996.
10. Admitted.
11. Admitted.
12. Denied. After reasonable investigation, Defendant is
without knowledge, sufficient to form a belief as to the truth of
the averment, accordingly, the averment is denied,
13. Admitted in part and denied in part. It is admitted
that Cal's has failed to pay Tyler's for the truck. It is denied
that the truck is still in Cal's possession.
COUNT I
BREACH OF CONTRACT
14. Cal's incorporates by reference its responses to
paragraphs 1 - 13 of Tyler'S Complaint.
15. Admitted in part and denied in part. It is admitted
that an oral agreement was entered into for a sale price of
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Pourteen Thou~and Three Hundred Dollars ($14,300). It is denied
that Wenger was an agent of 'ryler' s.
16. Denied. It is denied that Tyler'~ relied upon Cal's
agreement to pay for the truck. Rather, Tyler's knew that the
truGk was owned by Wenger and that Wenger approved the tranllfer
of title as he, not Tyler's was entitled to payment for the
truck.
17. Denied. It is denied that Cal's breached a contract
with 'ryler's, as the truck was not owned by Tyler'S, but by
Wenger. As such, the monies due are the property of Wenger and
not Tyler's.
WHEREPORE, Defendant Cal's Cars, prays your Honorable Court
dismiss Plaintiff's Complaint against it and award counsel fees
and costs in favor of Defendant Cal's Cars and against Plaintiff
G. Tyler Auto Sales, Inc., pursuant to 42 Pa.C.S.A. ~2503 (9),
which allows such an award for the commencement of an action in
bad faith.
COUNT II
CONVERSION
18. Cal's incorporates by reference its responses to
paragraphs 1 - 17 of Tyler's Complaint.
19. Admitted in part and denied in part. It is admitted
that the sales price of the truck was Fourteen Thousand Three
Hundred Dollars ($14,300) and that Cal's has not paid Tyler'S for
the truck. It is denied that Tyler's owned the truck and that it
is entitled to payment. By way of further answer it is stated
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that the truck was owned by Wenger and that he is entitled to
payment, a fact known to 'l'yler's.
20. Denied, It is denied that either Cal's or its agents
knew the truck was the property of Tyler's. By way of further
answer it is stated that the truck WIlS owned by Wenger and that
he is entitled to payment.
21. Admitted.
WHEREFORE, Pefendant Cal's Cars, prays your Honorable Court
dismiss Plaintiff's Complaint against it and award counsel fees
and costs in favor of Defendant Cal's Cars and against Plaintiff
G. 'ryler Auto Sales, Inc., pursuant to 42 Pa.C.S.A. !i2503 (9),
which allows such an award for the commencement of an action in
bad faith.
COUN'l' II I
FRAUD
22. Cal's i~corporates by reference its responses to
paragraphs 1 - 21 of Tyler's Complaint.
23. Denied. It is denied that either Cal's or its agent
Julie Stough advised Tyler or its agents that it intended to pay
Tyler for the truck.
24. Denied. After reasonable investigation, Defendant is
without knowledge, sufficient to form a belief as to the truth of
the averment, accordingly, the averment is denied.
25. Denied. It is denied that Cal's represented that it
intended to pay Tyler's for the truck. Accordingly, there was no
misrepresentation.
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26. Denied. After rea~onBble inve~tigation, Defendant i~
without knowledge, sufficient to form a belief as to the truth of
the averment, accordingly, the averment is denied.
27. Denied. After reasonable investigation, Defendant is
without knowledge, sufficient to form a belief as to the truth of
the averment, accordingly, the averment is denied,
20. Denied, Cal'a actions were not f.raudulent, outrageous,
willful and egregious. By way of further answer it is stated
that the actions of Tyler's in bringing this action were
obdurate, vexatious and in bad faith as Tyler's knew that the
truck was the property of Wenger and that he, not Tyler's was
entitled to payment.
29. Der.ied. It is denied that Cal'D misrepresent.ed the
facts or that Tyler's has incurred damages in the amount of
Fourteen Thousand Three Hundred Dollars ($14,300), as the truck
had not been purchased by Tyler's.
WHEREPORE, Defendant Cal's Cars, prays your Honorable Court
dismiss Plaintiff's Complaint against it and award counsel fees
and costs in favor of Defendant Cal's Cars and against Plaintiff
G. Tyler Auto Sales, Inc., pursuant to 42 Pa.C.S.A. ~2503 (9),
which allows such an award for the commencement of an action in
bad faith.
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NEW MA'rTER
30. The truok was purchaaed from Cumberland Valley Motors.
31. The purchase of the truck from cumberland Vdley Motors
was negotiated by Mark Wenger.
32. Tyler's and Mark Wenger entered into all agreement,
wherein Mark Wenger would purchalle and sell v<!hicles in 'ryler'll
name, however, the vehicles would be the property of Wenger.
33. Mark Wenger purchased vehicles in Tyler's name,
utili~ing funds he placed into his account with Tyler's.
34. 'rhe truck was purchased with Mark Wenger's funds from
his account, with Tyler's.
35. Mark Wenger offered the truck to Cal's, representing
the vehicle as being owned by him.
36. Mark Wenger was the owner of the truck as he had
negotiated the purchase and paid for the truck with funds from
his account with Tyler's.
37. Tyler's knew that Mark Wenger has purchased the vehicle
with his funds and that it wall his to sell.
WHEREPORE, Defendant Cal's Cars, prays your Honorable Court
dismills Plaintiff's Complaint against it and awar.d counsel fees
and costs in favor of Defendant Cal'a Cars and against Plaintiff
G. Tyler Auto Sales, Inc., pursuant to 42 Pa.C.S.A. ~2503 (9),
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