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Home My WebLink About01-2649CUMBERLAND VALLEY IN THE COURT OF COMMON PLEAS MOTORS. INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION JOHN J. BAUERA and · DENISE M. MAYWEATHERS-BAUERA,: Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against thc claims set forth in thc 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 thc Court without further notice for any money claimed in thc Complaint or for any other claim or relief requested by the Plaintiff(s). 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. Lawyer Referral Service Court Administrator, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, 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 sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Court Administrator, Cumberland Counly Courthouse Carlisle, PA 17013 (717) 240-6200 CUMBERLAND VALLEY : IN THE COURT OF COMMON PLEAS MOTORS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : . v. : CIVIL ACTION o/- .. JOHN J. BAUERA and : DENISE M. MAYWEATHERS-BAUERA,: Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Cumberland Valley Motors, Inc., by and through its undersigned counsel, Mette, Evans & Woodside, P.C. and brings this instant action against Defendants, John J. Bauera and Denise M. Mayweathnrs-Bauera, of which the following is averred: 1. Plaintiff, Cumberland Valley Motors, Inc. ("CVM"), is a Pennsylvania corporation with a principal place of business at 6720 Carlisle Pike, M~hanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, John J. Bauera, is an adult individual residing at 1301 North 6th Street, Apartment 803, Harrisburg, Dauphin County, Pennsylvania 17 ! 02. 3. Defendant, Denise M. Mayweathers-Bauem, is an adult individual residing at 311 North Front Street, Apt. 918, Harrisburg, Dauphin County, Pennsylvania 17110. 4. CVM is an automobile dealership and sells automobiles to customers. 5. On or about December 9, 2000, Defendants entered into contracts ("Contracts") with CVM for the purchase of three automobiles, a 2000 BMW Z-3 Coupe, a 2001 BMW 525ita and a 2001 BMW 740iL. Copies of the Contracts are hereby attached as Exhibit "A". 6. As part of the transaction, Defendants executed a Promissory Note ("Note") in the amount of $163,842.30. A true and correct copy of the Note is attached hereto as Exhibit "B". 7. In order to comply with the delivery terms of the Contracts, Plaintiff tagged the vehicles as sold and prepared them for delivery to the Defendants. 8. Defendants breached the Contracts and never tendered any money to Plaintiffs. 9. Defendants have materially defaulted on the Contracts and the Note. 10. Plaintiffsuffered damage as a result of the breach. WHEREFORE, Plaintiff, Cumberland Valley Motors, Inc., demands judgment in its favor and against Defendants, John J. Bauera and Denise M. Mayweathers-Bauera, in the amount of $163,842.30 which is in excess of the jurisdictional limits of compulsory arbitrations, together with costs of this action, interest and such other relief as the Court deems just and appropriate. Respectfully submitted, METTE, EVANS & WOODSIDE By: ~ S~I~. Ct. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff, Cumberland Valley Motors, Inc. DATE: May I, 2001 4 Exhibit A PROMISSORY NOTE Principal Amount State of FOR VALUE RECEIVED, the undersigned hereby jointly and severally promise to pay to the order of \ Dollars ($ I~'~.~"~--'~'~ ), together with interest thereon at the rate of ~ % per annum on the unp~aid balance. Smd sum shall be paid in the manner fo owing: / All peymanta shall ba tint upplind to intnr~t a~nd the balannn to principal. This notn may ba prepaid, at any tim. in whole or in part. without penalty. All prepayments shall ba applied in rev~rsn order of maturity. This not~ shall at the option of any holder hereof be immediately due and payable upon the failure to make any peymont dun hereundnr within .Ni,.,~. days of its dun date. In tho avant this note shall be in default, and planed with an attornny for ¢olloction. tben thn undersigned agr~ to pay all r~esonable attorney fees and costs o_~ ¢olloction. Payments apl made within five (5} days of dun date shall be subject to a lath ehargn of ~ % of said payment. All payments hereunder shall be madn to such address aa may from limn to titan be designated by any holder hereof. Thu und~'sigoed and all other parties to this note. whether as endorsers, guarantors or sureties. ~'.,Troe to r~main fully bound bareunder until this note shall be fully paid and waive demand, presentment and protest and all notices thereto and further agroe to remain bound, notwithstanding any extension, renewal, modlfieation, waiver, or other indulgence by any holder or upon the di.~barge or release of any obligor hereunder or to this note. or upon the eacbange, substitution, or release of any ¢ollatnral granled as security for this nora. No modification or indulgencn by any holder be~of shall be binding unless in writing; and any indulgence on any onn occasion sff~ll not be an indul- gan¢~ for any other or future oeeaaion. Any modification or change of terms, hereunder granted by any holder here- of, shall be valid and binding upon naeh of tbe undnrnigned, notwithstanding the aeknowledgmnnt of any of the undaminnod, and ~ach of thn undersigned does hnreby irrevocably grant to each of the others a power of attorney to SUBARU r1714-20 CARLISLE PIKE · MECHANICSBURG. PA. 17055 PHONE · (717) 697-5448 FOR THE {-',?LLOWING WARRANt' ~FACTOR', ORG. DATE ]~ DEALER ~ NO WARRANTY CIT',' STATE j ~ AODRESS OF AGENT LICENSE Z DATE OF BJRTH ~ e ~--~ w D R ~ OA ACV The ~ront and back af this O~er comprise the entire agreement e~~ affecting this purchase and ~o other agreement or understand,ng of an.~ L~ ~[~ UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRE- SENT.aTIVE AND IN THE EVENT OF A TIME SALE. DEALER SHALL NOT ~ SUBTOTAL S ~ BE OB-IGATED TO SELL UNTIL APPROVAL OF THE TERMS HEREOF LE..S~ T~--=~ '.--' ...... ]-L-~W'~:~= IS GIVEN BY A BANK OR FINANCE COMPANY WILLING TO PURCHASE GGOD =~ ': ~ ~ ONLY. ~ A RE"AIL INSTALLMENT CONTRACT BE~EEN T~E PARTIES HERETO BASED ON SUCH TERMS. T~XABLE AMOUNTII $______~OO Fu~ermore. I agree thai t~e above ~escrrbeQ ve,lcle be,ng ,faded ,s ~ ': SALES T~X J ~[0 excess ve m,leage, suffered mechanical deterioration, or ,f here. · E'.. .'~GRADE I ]~ ~, confirmed bv the oart~c~patmg 3ank. OFFICE SUBARU .DODGE. ,o~ PHO~ & 6714-20 CARLISLE PIKE · MECHANICSBURG, PA. 17055 ~~~ ~ UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRn. i SUBTOTAL SH~ SENTATIVE AND IN THE EVENT Of A TIME SALE. DEALER SHALL NC~ TAZAELE AMOUNT I ~ ~ ~ Furthermore. I agree Ihat the above descr,bed vemcle bemG :radec .~ ~o SALES TAX ~ ~ excessive ~lJeage. su[tere0 ~echaolcal deter;orat.3n or q I tO~ I agree to be held liable ,f the lien payor, .amount ~,%...~ ~':'.e : '.' ':"~'~:"'~ ................ ,~ ~ .-~'-'~_~,~ ~ ,'~a , m OFFTCE ,ou~ ,,~ t I ~u~ ~ -- sou.~ ;~714-20 CARLISLE PIKE.. MECHA~ICSBURG. PA. 17055 ~FAOTORY }B DEALER B NO WARRANt, CITY $TA-E FACTORY lO ,' · ~MA~ w m R m ca ~c'.' The front and beck of this Order comprise the entire agreement ~ Io ~t as a part of th~s order the same AS ,f ,t were pr'Ted ---- of ~ co~y of tms )rdef. THiS ORDER SHALL r-lO~ BECQME ~ ~.~[~ ~ UNTIE ACCEPTED BY DEALER OR HIS AUTHORiZE~ ___.~_ -- BE OBLIGATED TO SELL UNT L APPROVAL OF THE T~?.IS ~E=E.2F LESS TRAOE4N ALLOWANCE IS GIVEN BY A BANK OR FINANCE COMPANY WILLING TC HERETD BASED ON SUCH TERMS, TAXABLE AMOUNT~(~ ~ Furthermore. I agree Ihat the above descnbea vemc~e bern :-= TITLE PRE=ARATION AND PTA TAX ~ ~ ~ mav Biter the Irade-m al owAnce as show~ her~. I SERVICE OFF'CE VERIFICATION I, R. Garth Ullom, President of Cumberland Valley Motors, Inc., hereby acknowledge that I am the Plaintiff in this action; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. R. Garth Ullom :258681 _l SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02649 P COMMONWEALTH OF PENNSYLVkNIA~ COUNTY OF CUMBERLAND CUMBERLAND VALLEY MOTORS INC VS BAUERA JOHN J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BAUERA JOHN J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June llth , 2001 , this office was in receipt of the attached return from DAUPHIN . Sheriff's Costs: Docketing 18.00 Out of County 9.00 ~ ~ Colnty-~ Surcharge 10.00 ~_ ~h~Thf f a~f~~a Dep Dauphin County 35.25 andnd Cou .00 72.25 06/11/2001 METTE EVANS & WOODSIDE Sworn and subscribed to before me this ~;~ day of ~___ 1~! A.D. ~ ~ Prothonot~r~ ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02649 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND VALLEY MOTORS INC VS BAUERA JOHN J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MAYWEATHERS BAUERA DENISE M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June llth , 2001 , this office was in receipt of the attached return from DAUPHIN .~ Docketing 6.00 Out of County .00 ~ Surcharge 10.00 ~ R...T~6mas Kline .00 ;'~/~iff of Cumberland County .00 16.00 06/11/2001 ' METTE EVANS & WOODSIDE Sworn and subscribed to before me ~ day of~______ this ~l A.D. ' ~ Prothonotary' ' Mnrv Jane Snvdcr ~ .~ ,6~, J. Daniel Basile Rea] Estate De~t)' ~ Chief Deputy William T. Tully Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin Coun .ty Harrisburg Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania : CUMBERLAND VALLEY MOTORS INC vs County of Dauphin : BAUER JOHN J Sheriff's Return No. 1326-T - - -2001 OTHER COUNTY NO. 01-2649 AND NOW: May 25, 2001 at 9:47AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon MAYWEATHERS-BAUERA DENISE M by personally handing to HER 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at POE: POLYCLINIC MEDICAL CENTER 3RD STREET, PHYSICAL TNERAPY DEPT. HARRISBURG, PA 17110-0000 Sworn and subscribed to So Answers, ~j~ Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $35.25 PD 05/14/2001 RCPT NO 149865 HOPKINS Mary .Jane Snydcr ~~~ ~. D~cl B~ile R~ E~ ~. ~ C~f ~u~ William T. Tully Michel W. ~ ~licitor Assi~ C~ef ~y Da~hin Co~' H~u~. ~'lva~a 17101 ph: (717) 255-2~} tax: (717) 2~-2~9 Jack Lo~ick She6ff Commonwealth of Pennsylvania : CUMBfiRLAND VALLEY MOTORS INC Cou~ of Dauphi~ : BAUER JOHN J Sheriff's Return No. 1326-T - - -2001 OTHER COUNTY NO. 01-2649 AND NOW: May 23, 2001 at 2:30PM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon BAUERA JOHN J by personally handing to HIM 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 1301 N. 6TH ST. APT 803 HBG, PA 17102-0000 Sworn and subscribed to So Answers, "7 t~'~b~ ~' "-"' '~' ' PROTHONOTARY By j ] / Deputy Sheriff Sheriff's Costs: $35.25 PD 05/14/2001 RCPT NO 149865 COOK · In The Court of Common Pleas of Cumberland County, Pennsylvania · Cumberland Valley Motors, Inc. VS. John J. Bauera, et. al. Serve: John J. Beuera No. 01-2649 Civil Now, s / 3 / 01 ,20 O O, I, SHERIFF OF CUMBERLAND COIYNTY, PA, do hereby deputize the Sheriffof Dauph i n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sher/ff of Cumberland County~, PA Affidavit of Sera, ice Now, ,20_ , at o'clock ~ M. served the within upon by. handing to a copy of the original and made known to the contents thereof. So allswgrs, Shoriffof County, PA COSTS Sworn and subscribed before SERVICE $ rn~ this _. day of ,20 IvlILE~GE AFFIDA\qT In The Court of Common Pleas of Cumberland County, Pennsylvania Cumberland Valley Motors, Inc. John J. Bauera, et. al. Se rye: Denise M. Mayweathers- No. 01-2649 Civil ~auera Now, 5 / 3 / 0 ! ,20 O O, I, SI-IERIFF OF CUMBERLAND COUINT¥, PA, do hereby dgputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plainti~. Sheriff of Cumb~riand Count'y, PA Affidavit of Ser~ce Now, ,20 , at o'clock M. s~rved the withi~ ~orl by handing to a copy of the ofi~nal and made known to the contents ~:hereof. ~0 amswers, Sber[ffof County, PA COSTS Swora and subscribed before SERVICE $ this__ day of ,20 MILEAGE .~FFIDAV'IT cUMBERLAND VALLEY : IN THE COURT OF COMMON PLEAS MOTORS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION : JOHN J. BAUERA and : No. 01-2649 DENISE M. MAYWEATHER-BAUERA : Defendants : JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter Judgement of Default in favor of Plaintiff and against the Defendants John J. Bauera and Denise Mayweather-Bauera, for Defendants' failure to file an Answer to Plaintiff's Complaint within twenty (20} days from the date of service of Complaint. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. As required by Pa. R.C.P. Rule 237. l(a)(2), attached as Exhibit "A' is a Certification that written Notice of Intention to File this Praecipe was sent to said Defendants more than ten (10) days ago. Plaintiff's damages are unliquidated and a hearing on the amount of said damages will be requested. METRE, EVANS & WOODSIDE '~ohn F. Y~X'~mek, Esquire Sup. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff DATE: August 13, 2001 Exhibit A July 31, 2001 John J. Bsuera 1301 North 6th Street, Apt. 803 Harrisburg, PA 17102 Re: Cumberland Valley Motors. Inc. v. Jnhn J. Bauera and Denise M. ~Bauera Docket No. 2001-02649 Dear Mr. Bauera: On July 20, 2001, my firm mailed to you a letter explaining that you had ten (10) days to make a payment on the settlement payment plan that was previously established for you. You have again voided our agreement and failed to make payments on the settlement plan. Since you continue to void our agreement, I have no alternative but to send to you the enclosed Ten (10) Day Notice for Judgment by Default. Within ten days from this date, please pay the remainder of your settlement obligation in the amount of $2,300.00 to Metre, Evans & Woodside. Otherwise, a judgment will be taken by the court against you and your former wife for the full amount plead within the Complaint, which totals $163,842.30. Very truly yoJ~'s, John F. Yaninek ce: Denise M. Mayweathers-Bauera :267753 _1 CUMBERLAND VALLEY IN THE COURT OF COMMON PLEAS MOTORS, INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CML ACTION JOHN J. BAUERA and No. 01-2649 DENISE M. MAY'WEATHER-BAUERA Defen,~-,~.~s JURY TRIAL DEMANDED 10-DAY NOTICE OF INTENTION TO TAKE DEFAULT JUDGMENT CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: John J. Bauera Denise M. Mayweathers-Bauera 1301 North 6th Street, Apt. 803 2311 North Front Street, Apt. 918 Harrisburg, PA 17102 Harrisburg, PA 17110 METTE, EVANS & WOODSIDE ~}~5/ltn F. ~ni/aek, Esquire .~p. Ct. I.D.~#55741 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff, Cumberland Valley Motors. Inc. DATE: July 31, 2001 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the united States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: John J. Bauera Denise M. Mayweathers-Bauera 1301 North 6th Stroet, Apt. 803 2311 North Front Street, Apt. 918 Harrisburg, PA 17102 Harrisburg, PA 17110 METTE, EVANS & WOODSIDE ~ohn F. Yan'J~ek, Esquire Sup. Ct. I.D. #55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff DATE: August 13, 2001 :268980 _l