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Home My WebLink About99-05908 .I Wt, +y& i qqx V 1 t? ' li GERALD D. RASMUS, Plaintiff : IN THE COURT OF COMMON : PLEAS IN CUMBERLAND : COUNTY PENNSYLVANIA CIVIL ACTION NO. 1999 -.5-908 ?Q T NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the GREGORY CLOUSER, t/d/b/a : G. TYLER AUTO SALES, : JURY TRIAL DEMANDED Defendant 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, Pennsylvania 17013 Telephone: (717) 249-3166 LAW OFFICES OF STEPHENJ.HOGG IS S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 GERALD D. RASMUS, Plaintiff GREGORY CLOUSER, Vd1b1a G. TYLER AUTO SALES, Defendant : IN THE COURT OF COMMON : PLEAS IN CUMBERLAND : COUNTY PENNSYLVANIA : CIVIL ACTION 4 0 8 Cun Ts : NO. 1999 - JURY TRIAL DEMANDED COMPLAINT Count I 1. Plaintiff is Gerald D. Rasmus, an adult individual residing at 202 North 341h Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Gregory Clouser, an adult individual trading or doing business as G. Tyler Auto Sales at 55 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about March 2, 1999 Plaintiff purchased a 1995 Ford Windstar van from Defendant. 4. The purchase was made at Defendant's home address at 530 Fairway Drive, Camp Hill, Cumberland County, Pennsylvania. 5. On or about March 2, 1999, Plaintiff tendered a down payment of $1,000 to G. Tyler Auto Sales on the aforementioned vehicle. 6. On or about March 3, 1999, Plaintiff tendered an additional $7,800.50 to G. Tyler Auto Sales for payment in full for the uwoFFEESOF STEPHEN J. HOGG 18 S. HANOVER STREET suit- 101 CARLISLE, PA 17013 purchase of the aforementioned 1995 Ford Windstar van. 7. Despite repeated requests by Plaintiff, Defendant failed to forward the title to the aforementioned vehicle. 8. Defendant created substantial confusion and misunderstanding on the part of Plaintiff by misrepresenting to the Plaintiff that Defendant had a title to transfer. 9. Further, Defendant misrepresented to Plaintiff that the aforementioned vehicle was in good running order and did not have any history of repair when, in fact, the vehicle had a history of a persistent "check engine" light. 10. Plaintiff notified Defendant on or about May 27, 1999 that he wanted to return the vehicle and get his money back. 11. On or about August 27, 1999, Defendant proffered the title to the vehicle to Plaintiff but Plaintiff demands the return of his purchase price and costs. Wherefore, Plaintiff avers that Defendant has violated the Unfair Trade Practices and Consumer Protection Laws at 73 P.S. §201-1 by representing that the vehicle was of a particular standard, quality or grade when it was of another standard, quality or grade and otherwise engaging in fraudulent contact which created a likelihood of confusing or of misunderstanding by failing to advise the Plaintiff that Defendant could not, in fact, transfer title to the vehicle until almost six months after the Plaintiff purchased the vehicle. Wherefore, Plaintiff LAW OFFICES OF STE DMNd HOGG respectfully requests the full purchase price of the vehicle plus costs, 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 2 for a total of 800.50 trebled under §201-9.2 of the Unfair Trade Practices and Consumer Protection Law, plus interest since March 3, 1999. Count II 12. Paragraph 1-11 inclusive are attached to this County as if fully set forth herein. 13. Defendant fraudulently represented to Plaintiff that Defendant had a certificate of title to the aforementioned vehicle and was capable of transferring same to Plaintiff at the time of purchase. 14. Defendant knew or should have known that the aforementioned representations regarding transfer of the certificate of title were false. 15. Defendant made the aforementioned representations regarding the transfer of the certificate of title to Plaintiff to induce Plaintiff to enter into the contract for sale of the vehicle. 16. Plaintiff relied on the aforementioned representations regarding the transfer of the certificate of title in signing the contract for sale. UW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 3 Wherefore, Plaintiff avers Defendant committed fraud and IAWOFFICE80F STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 demands the sum of $8,800.50 plus costs, interest and attorney fees and any other relief the Court deems appropriate. Date: ?72 C 4 VERIFICATION verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unsworn falsifications to authorities. DATE LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 GERALD D. RASMUS \ 0 V ti CT, j? 1f1 Lry 1J l?-) c:. n 1, r G cn J SHERIFF'S RETURN - REGULAR CASE NO: 1999-05908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RASMUS GERALD D VS. CLOUSER GREGORY E TL SHANNON SUNDAY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon CLOUSER GREGORY T/D/B/A G _TYLER AUTO SALES the defendant, at 18:00 HOURS, on the 6th day of October 1999 at 530 FAIRWAY DRIVE CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to DAVE CLOUSER (BROTHER) a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30 Affidavit rEC Surcharge 8.00 omas ine, eri $.3!5 ..3 U1ST PHEN J. 0?07/1999 HOGG by / i _ ?-nn miru177 2b -" Lrepuuy eri Sworn and subscribed to before me this ??2 ,+ day of 19A. D. GERALD D. RASMUS, : IN THE COURT Plaintiff : OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA L W OFFICES OF SM.UN J. HOGG 18 S. HANG ER STREET SUITE 101 CARLISLE, PA 17013 V. CIVIL ACTION-LAW GREGORY CLOUSER, t/d/b/a NO. 1998-5908 G. TYLER AUTO SALES, CIVIL TERM Defendant JURY TRIAL DEMANDED TO: Gregory Clouser, Ud/b/a G. Tyler Auto Sales Date: l/ -3 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumb l d C t B A er an oun y ar ssociation 2 Liberty Aveque E Carlisle, Pe sylvani 17013 (717) 248- .. liC 4vz Stephen J.;,06_04, Esqui Attorney for Plaintiffs 19 S. Hanover Street, Su%el 1 Carlisle, PA 17013 (717) 245-2698 I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby that I did on this day serve one true and correct copy of the ad Important Notice by United States Mail, postage pre-paid, to the following: Gregory Clouserttd/b/a G Tyler Auto Sales 530 Fairway Drive Camp Hill, Pennsylvania 17011 Date: 1 3 " ?' <7 Stephen J' ogg, Es ri Attorney for Plaintiffs 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 (717) 245-2698 LAW OFFICES OF STEPHEN J. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 } P1 >_ t+ ` u,. i? n ? N ? N y 2 m < s m a a Z N = O 1 y T x < m ? A y P3 IL -