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HomeMy WebLinkAbout03-5530TIMOTHY J. BLACK 7502 Moyer Rd. Harrisburg, Pennsylvania 17112 and MOBILITY INDEPENDENT TRANSPORTATION SERVICES, INC. 11448 North Main Street Glen Rock, Pennsylvania 17327, Plaintiffs GREGORY T. CLOUSER, ifa, dgo/a WEST SHORE PRE-OWNED 511 Sarah Court Mechanicsburg, Pennsylvania 19508, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA NO. c 3- CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO: Curt Long, Prothonotary Please issue a Writ of Summons for a Civil Action at Law against the above-referenced Defendant. SHUMAKER WILLIAMS, P.C. ~'Laurence W. Dague, I.D. ~1~15 Melissa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS TIMOTHY J BLACK 7502 MOYER ROAD, HARRISBURG, PA 17112 AND MOBILITY INDEPENDENT TRANSPORTATION SERVICES INC 11448 NORTH MAIN STREET GLEN ROCK, PENNA 17327 Plaintiff Vs. Court of Common Pleas No. 03-5530 In CivilAction-Law GREGORY T CLOUSER T/A D/B/A WEST SHORE PREOWNED 511 SARAH COURT, MECHANICSBURG, PA 19508 Defendant To GREGORY T CLOUSER T/A D/B/A WEST SHORE PRE-OWNED You are hereby notified that TIMOTHY J BLACK AND MOBILITY INDEPENDENT TRANSPORTATION SERVICES INC the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a defanlt judgment may be entered against you, (SEAL) Date OCTOBER 20, 2003 CURTIS R. LONG Prothonotary Attorney: Name: LAURENCE W DAGUE Address: P O BOX 88 HARRISBURG, PA 17108 ATTORNEY FOR: PLAINTIFF TELEPHONE:(717) 763-1121 SUPREME COURT ID NO. 19715 SHERIFF'S RETURN - CASE NO: 2003-05530 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLACK TIMOTHY J ET AL VS CLOUSER GREGORY T T/A D/B/A REGUIJtR KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS was served upon CLOUSER GREGORY T T/A D/B/A WEST SHORE PREOWNED the DEFENDANT , at 2028:00 HOURS, on the 23rd day of October , __ at 511 SARAH COURT MECHANICSBURG, PA 17055 by handing to GREGORY CLOUSER a true and attested copy of WRIT OF SUMMONS REQUEST FOR PRODUCTION OF DOCUMENTS Sheriff or Deputy Sheriff of who being duly sworn according to law, together with 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~ J day of ~u_~ ~ A.D. Prothonotary ' ' So Answers: R. Thomas Kline 10/2A/2003 SHUMAKER WILLIAMS By: TIMOTHY J. BLACK 7502 Moyer Rd. Harrisburg, Pennsylvania 17112 and MOBILITY INDEPENDENT TRANSPORTATION SERVICES, 1NC. 11448 North Main Street Glen Rock, Pennsylvania 17327, Plaintiffs GREGORY T. CLOUSER, t/a, d/b/a WEST SHORE PRE-OWNED 511 Sarah Court Mechanicsburg, Pennsylvania 19508, Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL 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 al~ter this Amended 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 foxth 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 propeW.! 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. Lawyer Referral Service of the Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 854-8755 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quej as expuestats en las paginas siguiententes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escfita en persona o pot abogado y presentar en la Corte por escrito sus defensas o sus objectiones a las demandas en su contra. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UM ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICIANA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 854-8755 :165962 TIMOTHY J. BLACK 7502 Moyer Rd. Harrisburg, Pennsylvania 17112 and MOBILITY INDEPENDENT TRANSPORTATION SERVICES, INC. 11448 North Main Street Glen Rock, Pennsylvania 17327, Plaintiffs GREGORY T. CLOUSER, ifa, d/b/a WEST SHORE PRE-OWNED 511 Sarah Court Mechanicsburg, Pennsylvania 19508, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COME Plaintiffs Timothy J. Black and Mobility Independent Transportation Services, Inc. ("MITS") through their attorneys Shumaker Williams, P.C. to state the following Complaint: 1. Plaintiff Timothy J. Black is an adult individual who resides at 7502 Moyer Road, Harrisburg, Dauphin County, Pennsylvania. 2. MITS is a Pennsylvania business corporation which maintains its registered office at 11448 N. Main Street, Glen Rock, York County, Pennsylvania, and Plaintiff Black is its President. 3. Defendant Gregory T. Clouser is an adult individual who resides at 49 Old Farm Lane, Camp Hill, Cumberland County, Pennsylvania. 4. Although the fictitious name "West Shore Pre-Owned" is formally registered to Defendant's brother, David A. Clouser, Defendant has traded and done business as West Shore Pre-Owned at all times relevant to this matter and has represented to Plaintiffs that he was entitled to do so. 5. In or about October of 2002, both Plaintiffs entered into separate agreements with Defendant, those agreements not being written. 6. MITS agreed to provide vehicles to Defendant e,n consignment, and Defendant agreed to sell those vehicles and pay the assigned value of each to MITS. 7. Plaintiff Black agreed to provide vehicles and capital investments in Defendant's business, and, in return, Defendant agreed that half of the proceeds of every car sale made by Defendant (including any profit made upon the sale of vehicles assigned by MITS) would be paid to Plaintiff Black. 8. As part of their agreement, Defendant also promised to add Plaintiff Black's name to the title of every vehicle purchased by the business for resale in order to assure the promised payments to him. 9. Pursuant to its agreement with Defendant, MITS did supply Defendant with six vehicles on consignment which had a total, assigned value of $.'19, 148.59. 10. Pursuant to his agreement with Defendant, Plaintiff Black supplied Defendant with two vehicles (pick-up trucks) for resale which had a total Yalue of sixteen thousand, four hundred dollars ($16, 400). 1 I. Pursuant to his agreement with Defendant, Plaintiff Black paid a total amount of ninety-two thousand, one hundred and ninety-eight dollars ($92,198) to Defendant as his investment in the business. 2 12. Defendant did, in fact, sell the six vehicles supplied on consignment by MITS. 13. Defendant failed to pay any portion of the proceeds of the sale of those six vehicles to MITS or Plaintiff Black and refused repeated requests for those proceeds. 14. Defendant made many sales of other vehicles, including the two supplied by PlaintiffBlack, subsequent to the agreement between them. 15. Defendant has failed to pay any portion of the proceeds of the sale of those vehicles to Plaintiff Black and has refused repeated requests fo:r those proceeds. 16. Defendant also failed and refused to add Plaintiff Black's name to the title of vehicles purchased or otherwise obtained by Defendant for resale by the business. 17. In or about October of 2003, the parties discussed Plaintiff's desire to obtain a vehicle for usage by his son. 18. Defendant entered into another agreement ("secondary agreement") with Plaintiff Black to obtain a suitable vehicle for him at an auto auction providing that Plaintiff Black supply the funds necessary for that purchase. 19. In or about October of 2003, Defendant did purclhase a 1999 Jeep Cherokee for the amount of four thousand, five hundred dollars ($4,500), which had been supplied by Plaintiff Black for that purpose. 20. Contrary to the parties' agreement, that vehicle was not, in fact, suitable because it had a number of mechanical problems, including but not limited, to, a bad transmission. 21. As a result of that breach of the parties' agreement, Plaintiffwas forced to expend the sum of six hundred dollars in an attempt to repair the Jeep Cherokee so that it would conform to the parties' agreement. 3 22. Those repairs were, however, unsuccessful because the vehicle could not be properly prepared. 23. As a result, the parties agreed that Defendant would resell the vehicle at auction and would pay the entire proceeds of that sale to Plaintiff Black. 24. Based upon information and belief, Plaintiff aw.~rs that Defendant did, in fact, resell the 1999 Jeep Cherokee at auction or otherwise. 25. Defendant has failed and refused to pay any portion of the proceeds from the resale of the Jeep Cherokee to Plaintiff. 26. reference. 27. Count I - - Plaintiff Black vs. Defendant The averments of paragraphs 1 through 25 above are incorporated herein by Defendant breached his agreemem with Plaintiff Black by failing to pay one half of the proceeds of each sale by him of a vehicle other than vehicles consigned by MITS and by failing to pay one half of the profit made on the vehicles consigned by MITS. 28. Defendant breached his agreement with Plaintiff' Black by failing and refusing to put Plaintiff Black's name on the title of every vehicle purchased by Defendant for resale or supplied by Plaintiff Black. 29. Defendant also breached his secondary agreements with Plaintiffto provide Plaintiff with a suitable vehicle for his son and his agreement to resell the purchased vehicle and pay the proceeds to Plaintiff. 30. As a direct result to Defendant's breaches of his agreement with Plaintiff Black, 4 31. reference. 32. Plaintiff Black has lost his entire investment, the value of the two vehicles he supplied to Defendant, and the money expended by him in relation to the Jeep vehicle which amounts to a total loss of$115,698. WHEREFORE, Plaintiff Timothy J. Black respectfully requests that judgment be entered in his favor and against Defendant Gregory T. Clouser in the amount of one hundred and eight thousand, five hundred and ninety-eight dollars ($115,698) plus interest and costs. Count II - - MITS vs. Defendant The averments of paragraphs 1 through 25 above are incorporated herein by Defendant breached his agreement with MITS by failing to pay the assigned value of each of the six vehicles consigned by MITS to him. 33. As a direct result of Defendant's breach of his agreement with MITS, MITS has suffered damages in the amount of $39, 148.59. WHEREFORE, MITS respectfully requests that judgment be entered in its favor and against Defendant Gregory T. Clouser an amount in excess of t]~irty-five thousand dollars plus interest and costs. Count III - - Plaintiffs Black and MITS vs. Defendant The averments of paragraphs 1 through 33 above are incorporated herein by 34. reference. 35. 36. Plaintiffs relied on the representations made by Defendant set forth above. At all relevant times, Defendant intended to induce Plaintiffs to rely upon his representations. 5 37. At the time Defendant made representations, he knew those representations to be false, and he made those false representations knowingly and willfully for the purpose of defrauding the Plaintiffs. 38. Based upon information and belief, Plaintiffs aver that Defendant and his brother have, in fact, practiced fraud upon others by inducing others to invest in "West Shore Pre- Owned" and/or to entrust them with vehicles for re-sale and adopted such defrauding of others as a standard way of conducting business. 39. The aforesaid practices of fraud against Plaintiffs was not only intentional but was also willful, wanton, and outrageous. 40. In addition to the damages set forth above, Defendant should pay punitive damages to Plaintiffs. WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor and against Defendant Gregory T. Clouser an amount irt excess of twenty-five thousand dollars plus interest and costs. SHUMAKER WILLIAMS, P.C. Dated: :165877 Melissa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg,. PA 17108 (717) 763-'1121 Attorneys for Plaintiffs 6 04-1g-2004 11:07 FROM- T-BM P 002/002 The undersigned, Timothy Z Blacl He is the President of Mot The facts se~ fo~da in the fc knowledge, reformation and beliet~ and 3. He is aware that any false Pa.C.S.A. §4~904~, relatinE to un,om rah, :16~8~7 individually hereby verifies and states that: ility Inde~dent Tr;msportation Systems, Inc. rego~g Complaint are hue and correct to the tatem~x~ts hcreha a~c mad= subject to the pena fieation to authorities. TfiSaothy L'~lack, ~clividually and President of MITS Dst ofhis :es of 18 CERTIFICATE OF SERVICE 1, Melissa A. Swauger, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a tree and correct copy of the foregoing Complaint of Defendant Mobility Independent Transportation Systems Inc. on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Matt Eshelman, Esquire Saidis, Shuff, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 SHUMAKER WILLIAMS, P.C. Dated: ~//~ ,2004 L~rence W, Dague, I.~D~i~ Melissa A. Swauger Attorney I.D. 82382 P.O. Box 88 Han'isburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs 165868 TIMOTHY J. BLACK and MOBILITY INDEPENDENT TRANSPORTATION SERVICES, INC. Plaintiffs GREGORY T. CLOUSER, t/a, d/b/a WEST SHORE PRE-OWNED Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5530 Civil Term : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT Pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure, please enter judgment against Defendant Gregory T. Clouser, t/a, dgo/a West Shore Pre-Owned for judgment in favor of Plaintiff Timothy J. Black in the mount of $108,598.00, together with interest and costs and for judgment in favor of Plaintiff Mobility Independent Services, Inc. in the mount of $39,148.59, together with interest and costs, for failure to answer the Complaint within ten (10) days of the attached Important Notice. I hereby certify that I caused a copy of the attached Important Notice to be served by United States Mail, first-class, postage prepaid on Defendant, Gregory T. Clouser, t/a, d/b/a, West Shore Pre-Owned at 49 Old Farm Road, Camp Hill, Pennsylvania 17011 and at 511 Sarah Court, Mechanicsburg, PA 17055 and to his attorney of record on June 10, 2004. S~R WILLIAMS~-P.C. Dated: ' > ' ' - Laurence W. Dague, I.D. #19715 Melissa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs :168069 TIMOTHY J. BLACK and MOBILITY INDEPENDENT TRANSPORTATION SERVICES, INC. Plaintiffs GREGORY T. CLOUSER, t/a, dPo/a WEST SHORE PRE-OWNED Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-5530 Civil Term : CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE TO: GREGORY T. CLOUSER ifa/, d/b/a WEST SHORE PRE~OWNED -and- MATT ESHELMAN, ESQUIRE, his attorney DATE OF NOTICE: June 10, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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. W 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Dated: :167630 Melissa A. Swauger, I.D.//82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Laurence W. Dague, Esquire, of the law firm of Shumaker Williams, P.C, hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Default Judgment on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Gregory T. Clouser, t/a, d/b/a West Shore Pre-Owned 49 Old Farm Road Camp Hill, PA 1701 l Matt Eshelman, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 Dated: SHUMAKER WILLIAMSt~.C. Laurence W. Dague P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 :168069 TIMOTHY J. BLACK and MOBILITY INDEPENDENT TRANSPORTATION SERVICES, INC. Plaintiffs GREGORY T. CLOUSER, Ua, d/b/a WEST SHORE PRE-OWNED Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5530 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: NOTICE GREGORY T. CLOUSER ifa/, d/b/a WEST SHORE PRE-OWNED -and- MATT ESHELMAN, ESQUIRE, his attorney You are hereby notified that on ~1~,, 2004, the following judgments have been entered against you in the above-referenced c~e. Judgment is in the favor ofPlaintiffTimothy J. Black in the amount of$108,598.00, together with interest and costs. Judgment is in the favor of PlaintiffMobility Independent Transportation Services, Inc. in the amount of $39,148.59, together with interest and costs. Date: Prot o~not~ I hereby certify that the following is the last known address of the proper person(s) to receive this notice: Gregory Clouser, t/a/, d/b/a West Shore Pre-Owned 49 Old Farm Road Camp Hill, PA 17011 Matt Eshelman, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 2 109 Market Street Camp Hill, PA 17011 Dated: SHUMAKER WILLIAMS, P.C. Laurence -W. Da~ue, I.D. #1971~ Melissa A. Swauger, I.D. #82382 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs :168060 2 TIMOTHY J. BLACK and MOBILITY INDEPENDENT TRANSPORTATION SERVICES, INC. Plaintiffs GREGORY T. CLOUSER, t/a, d/b/a WEST SHORE PRE-OWNED Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5530 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED UNSWORN DECLARATION OF NON-MILITARY SERVICE (Affidavit required by the Soldiers and Sailors Civil Relief Act of October 17, 1940, 54 Stats. 1180, ~200, as amended, 50 U.S.C.A. App. §520). I, Laurence W. Dague, Esquire, declare under penalty of perjury under the laws of the United States of America that ! am authorized to prepare this Unsworn Declaration on behalf of Plaintiffs, and being authorized to do so, do hereby represent that Defendant is not in the military service. :168068 SHUMAKER WILLIAMS, P.C. ~a'Laurence W. Dague, I.D(# 19715 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiffs