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Home My WebLink About00-04527 "- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT ~ -.J. f,()'iJ DISTRICT JUSTICE JUDGMENT COM_N PLEAS No. (}(J - 4fS;l 7 ~ t..u- NOTICE OF APPEAL Nofice is giwn that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below. NAME OF NT MAG. DIST. NO OR NAME Of OJ. MCElwain, Heather J. ADDRESS Of APPELLANT ory 09-1-01 Clement STA.TE ZIP CODE 407 AIle ~en- Drive DATE OF NT IN THE CASE OF (Plaintiff) Mec (Defendant) June 6, 2000 NO. ~ Hoover, Daniel E. SK;A~J~~ J /J~N~~ _ /.IJo CV~~ 00-229-00 T r/CVID'V C \..<~rJ-' U19 Andrew C. Sheel Attorne at Law This block will be signed ONLY when this notafion is required under Po. R.cP JP. No. " appellant was CLAIMANT (see Pa. R.CP.JP. No. ;~B~tice of Appeal, when received by the District Jusfice, will operale as a 1001 (6) in action before District Justice, he MUST SUPERSEDEAS ta the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. McElwain, Heather J. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of loon to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be seNed upon appellee). PRAECIPE: To Prothonotary Enter rule upon Name of appeflee(sJ ,appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Name 01 appe//f>efs) , appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU. (3) The date of service of this role if service was by mail is the dale of moiling. Date: ,19_. 5/gnaIure 01 ~ or Deputy /JOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY '''i .~ - , ~ ,,' ','-. , ..," ~ ,",' , ~ ''"r ." " PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLA~NT (This proof of service MUST BE FiLED WITHiN TEN (10) DA YS AFTER fiiing the notice of appeai. Check appilcabie boxes) COMMONWEALTI-l OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No, , upon the District Justice designated th",ein on (d~le of service) 0 by personal service [J by (certified) (registered) mail. sender's receipt attached hereto, and upon the appellee, (name) , on , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt altached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom tha Ruie was addressed on , 'i9_~ by personal service 0 by (certified) (registered) maii, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAVOF _,19_ Signature 01 alliant Signature of official befors whom affJdflvit was made Tilts of officiat My commission eXPires on , ,"--- r~ t - -Qj~ ~ ~ '"0 "'(' ~ , J? () 0 0 ~ 0 ~'i , 'II ~ffi - :;:j ~ ~,~ "'Tl .~~ N tllp "'" .. t.Jm ":I .{: CO ?;3? ~ ~ 0 :;:0 > "",0 ~i.t .~~ ::c.-f'l '\: ::;g O:D V'\. ~ Z~ - ~' to .~ .. t;,. >::> oC.) ~ \.0 t ~> ':r,!~~~~Il!f<I!!1J,'iffliOOJjj"I~~~~Jij!lilIlil~~~~~;;"~~~; ,~:mt~~~~!*'''''''~i'<'i''''''i-'1''',-.iH'''',;"'r~',''"":",,,,""',:,~;," "':";1"""mf~F.;;,'_~!-\'iW~"'~',,",Ai'c,,";H'W"":"8,"r.-'%'f;'-1;!Mlij'!"H"~"~ " COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'MC ELWAIN, HEATHER J -, 407 ALLEGHENY DRIVE MECHANICS BURG , PA 17055 Mag, Dist. No.: DJ Name: Hon. CHARLES A. CLEMENT, JR. Add,,,,, 1106 CARLISLE ROAD CAMP HILL, PA L -.J VS. T"'phoo" (717) 761-4940 17011 DEFENDANT: NAME and ADDRESS 'HOOVER, DANIEL E 415 RENO AVE SECOND FLOOR ~ CUMBERLAND, PA 17070 Docket No.: CV- 0000229 - 00 Date Filed: 4/28/00 -, HEATHER J. MC ELWAIN 407 ALLEGHENY DRIVE MECHANICSBURG, PA 17055 -.J THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT [ij Judgment was entered for: (Name) HnmTRR, n~NTRT. R [ij Judgment was entered against: (Name) Me ET,WA TN, HEATHER .T in the amount of $ 00 on: (Date of Judgment) 6/06/00 . . o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice. o Levy is stayed for days or 0 generally stayed. o Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF T S NO ICE OF JUDGMENTITR SC IPT FORM TH YOUR NOTICE OF APPEAL. 6/6/2000 Date I certify that this is a true and correct copy of the record of the proceedings contain' ent. Date , District Justice My commission expires first Monday of January, 2002 SEAL :n .,.",. __~_ = !Ill"".. ~I"'-~ 1~ "" I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricled Delivel)' Consult postmaster for fee. 4a, Article Number t;l '" ." 'C I'ilj " l!! " ~ " :5 c O. 'C " ;; C. E o " . 'Complete items 1 and/or 2 tor additional services. . Complete items 3, 4a, and 4b. . Print your-name and address on the reverse of this form so that we can return this card to you. . Attach this form to the front of the mailpiece, or on the back if space does not permit. . Write NRetum Receipt RequestedN on the mailpiece below the article number. . The Return Receipt will show to whom the article was delivered and the date deJivered. 3. Article Addressed to; Daniel E. Hoover 415 Reno Avenue Second Floor New CUmberland, PA 17070' Z 127 494 638 4b. SelVice Type o Registered o ess Mail Retu Receipt for Merchandise 7. Dat of Delivel)' e;L Kl Certified o Insured o COD JlJN Za ,. . Addressee's Address (Only if requested and fee ;s- pa;d) 102595-98-.-0229 Domestic l'Ieturn Fleceipt Z 127 494 638 US Postal SelVlce Receipt for Certified Mail No Insurance Coverage Provided. DSenO not use for International Mail See rijveme 110 St Daniel E. Hoover reet & Number 415 Reno Ave. Second Fl Post Office, State, & ZIP Code 00 New c::umherland Postage $ PA 17 7 5';; ...y-o Certified Fee "' g Return Rs .:: Whom&D .5-. RetumReceipt <( Date,&Ad 0' g TOTAL Postage &R ~ Postmark or Date ,f if ;> Z ". 1~~' 'I, 1'''1-- ~~ - . . I' .11f .il. ai " ~ ell a " " " II: c S ;; II: 01 . c 'ili :l ~ .e :l g, '" C III ~ .... ~ " -~, ,-~' ~ . "--S" ' 1_ -,,' -", ~. .-8 1- .. .. i!! !1: l!! .. :5 c o 'C .. 'i Q. E o CJ I also wish to receive the following services (for an extra fee): 1. D Addressee's Address 2. D Restricted Delivery Consult postmaster for fee. 48. Article Number . Complete items 1 and/or 2.for additional services. . Complete items 3, 4a, and 4b, . Print your name and address on the reverse of this form so that we can return this _, C8fd:~o you., . Attach this form to the front of the maUpiece, or on the back if space does not permit. . Write "Return Receipt Requested" on the mail piece below the article number. . The .Return Receipt will show to whom the article was delivered and the date delivered, 3. Articie Addressed 10; Hamorable Charles A. Clemen~; "J 1106 Carlisle Road Camp Hill, PA 17011 Z 127 494 639 4b. Service Type D Regislered o Express Mail o Return Recel t for Merch 7. D Deli Kl Certified o Insured DCOD 10259'.98-8-0229 Domestic Return R!iceipt Z 127 494 639 US Postal Service . . . Receipt for Certified Mati No Insurance Coverage Provided. Do not use for International Mail See revelS. ~Ei~norable Charles A. C~ Street & Number 1106 Carlisle Road Post Office, State, & ZIP Code earn Hill PA postage $ 17011 ~ Certified Fee "1'0 Special Delivery Fee Restricted Delivery Fee ~ Return Receipt Showing to ~ Whom & Date Delivered 'aRe\UlllReceiptSl>:>wingl<> <( Dale, & Addr....., ~ - ... g TOTAL postage & CIO C') Postmark or-Date E o IL (/) "- ~ ~-"'~'!' I"~ - ,~~ ei CJ .~ .. (/) Q. -a; CJ " II: c t; 'i II: Ol c 'w :J ~ .E :J o >- " c .. .c .... ,,~"~ ' .0 . .'''' ,.,"" ",", _''''__~'' ' " ,,",-. -'""<"" ~~ - PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE8opgL~T (This proof ot service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. C~ka~cabl!(;lboxeS) COMMONWEALTH OF PENNSYLVANIA r.~. ~ ':~Fi -.. ~-~\':-) CClUNTYOF Cu/lllbtr/().IId. ;,o!c:::o :: ~~ AffIDAVI1)., I hereby swear or affirm that I served ~o ::Jl: ~~ [!'l' a copy of the Notice of Appeal, Com moo Pleas No, 00 ~ '-i 5 ~ 1 , upon the District fu 0 .e d~na@ therein on (date of service) ';J'"u./l f.. 7_ "It f1-tN)(j , 0 by personal service l]A)y ertlfie regi~ed) Triitil, sender's receipt attached hereto, and upon the appellee, (name) -!)c.A I ~ \ C, Hoo'll , on 0- "",/L z.., ,182(10 0 by personal service [!l'by ~(registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaintaccompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19_~ 0 by personai service 0 by (certified) (registered) mail, sender's receipt atfached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME 4, (! 3/ . 0 THiS.4.iJ...tfL DAY OF.:7JI'Jl'_ .~ ~ 1/ .n ~ . ~. .... Signature of affiant (A.M.--~ / /1aAn~ ) Sign ure of officia! before whom affidavit was made j,' rille of offic My commission ~xpir€s on~kh1btr", ,.If , .;PJnr,jJ . . " "~~I""",,,,,,,,,,,,,"-""""""'=_"""""""'_ffil' ,;, ,~~1 ~~e'~~~!__-'-"""'-"""'" . ~ " <_=t'=""~ .' ,,' , "'-''''''~~~~~~~_._. ,~._, COMNIONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS NOITICE CIF APPEAL FROM JUDICIAL DISTRICT I~, ~ ()[ cp. O1;:.i DISTRlc'r JUSTICE JUDGMENT COMNION I'LEAS No. I:',". Sf S';J 'l (~~i'7L.<_ NOTICE OF APPEAL , Nofi~e is given that the appellant has filed in the above Court of Comman Pleas an appeal from the judgment rendered by the District Justice an the date and in the case .mentianedbelaw. . NAME OF APPELLANT MCilw~ln, Heat~~t J. ADIlRESS OF ..... MJ>"G. OI$T. NQ OR NAME Of OJ. aTY {I91c>.1..Ol ;Cilemellt STATE ZIP CODE 407 Ulegheny DATE .A.OGMENT June 6,' 2000' ClAIM No: (Defendant) vs. Hoover, DanielE. S1GNA~~~ H1S"'TTORNE_~~NT , ",:- , cv:lij~ 00;..229 -00 r;n. C, I.) f1-,_,e,i1:l..-' lT 19 Andrew C. Sheely ,'~ Attorne~ at ]L.ur This black will be ~gned follY when this nolafion is required uncler Po. R.c.PJ.P. No./f appellant W<lS CLAIMANT (see Pa. R.cP.JP. No. 10088. " . Th~ Notice of Appeal, when received by the District Justice, will operate as a 1001 (6) in action before District Justice, he MUST SUPERSEDEAS to the judgment far possession in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APP5AL. Didye, IN'1I:fE CASe OF (Plaintiff) ~cElwain, MechanicsbuI", , PA 17055 Heather J. Signature of Prothonotary or Deputy PRAECIPE TO ENTER ltULE TO FILE COMPLAINT AND RI:IILIi\9 FILE '. ,\ \? ii~{ (This 5eC?tion of form to be used ONLY when appellant was DEFENDANT (see Pa. HC.P.JP. No. 1001(7) in action before D;stJict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prathonotary Enter rule upon , appellee(s), to file 0 complaint in this appeal Name of appeflee(s) (Cammon Pleas No. ) within twenty (20) daysbfterservice of rule or suffer entry of judgment of non pros. . Si'gnature of SfJPf#Iailt or his attoiney or agent RULE:~Ta NBnre of """,,1100( s I , appellee(s). ", (1) You are notifi~ that a rule is hereby entered upan you to file a complaint in this appeal within twenty (20) days afll!r the"d~te of service of this rule upon you by personal service or by certified or registered maiL: '. (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOu. (3) The date of service of this rule if service was by mail is the date of mailing. Date: .19_. Signature of ""'~~ or Deputy ! AOPC ~12-84 .C&URTFILE .~ ="",.,m;;<<Wfu""_",""Y'Y'{>M"<,c,'.-'''~:n,,,,,-"_,'~,,'~.'.lii;,;;~,'iiiii':';:~I~_~~~-';;:S:;;"':'~"co".., ~'-'--~'-;-:""7"''--;;'''1''''1_''7~{7::;;-"o;,:,~,;:-+",,,,,,.,,,,,-;O'''':;.i~;q.,-,~,,,'P'f~".,'1t'H'W!t'~"\ , , HEATHER J. MCELWAIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00 - 4527 vs. DANIEL E. HOOVER, Defendant CIVIL ACTION - LAW NOT ICE 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 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 (717) 249-3166 Date: July /Lf, 2000 BY Andrew C. Shee y, E PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff HEATHER J. MCELWAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00 - 4527 vs. DANIEL E. HOOVER, Defendant CIVIL ACTION - LAW COMPLAINT Plaintiff, Heather J. MCElwain, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint against Defendant, Daniel E. Hoover, and respectfully alleges as follows: 1. Plaintiff is Heather J. McElwain, an adult individual who resides at 407 Allegheny Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Daniel E. Hoover is an adult individual with a last known address of 415 Reno Avenue, Second Floor, New Cumberland Cumberland County, Pennsylvania. 3. Plaintiff and Defendant previously resided together at 415 Reno Avenue, Second Floor, New Cumberland, Cumberland County, Pennsylvania. 4. On or about July 2, 1998, Plaintiff borrowed an amount of $3,626.25 from Citifinancial, formerly known as Commercial Credit. 5. Pursuant to a verbal agreement of the parties, Plaintiff agreed to loan the amount of $3,626.25 to Defendant provided Defendant made all payments to Commercial Credit, currently known as Citifinancial. 6. In exchange for lending Defendant the amount of $3,626.25, .--, " , == . Defendant agreed to make a payment to the lender on behalf of plaintiff in an amount of $125.21 through July 2, 2002. 7. Commencing on July 31, 1998, Defendant began making payments directly to the lender in accordance with the agreement with Plaintiff. 8. Defendant continued making payments in accordance with his agreement with Plaintiff from July of 1998 through February of 2000. 9. Defendant stopped making the payments on said loan due to a dispute between Plaintiff and Defendant on an unrelated matter and returned the payment book to Plaintiff on or about March 30, 2000. 10. As of March 30, 2000, the amount necessary to payoff the loan with the lender exceeded Three Thousand Four Hundred Ninety- One Dollars and Twenty-nine cents ($3,491.29). 11. As a result of Defendant's refusal to comply with his agreement to make monthly payments on the loan, Plaintiff is required to continue making payments on said loan in order to maintain her credit and avoid having a judgment entered against her. 12. Despite repeated efforts by Plaintiff to Defendant requesting that he continue making payments to the lender pursuant to his agreement, Defendant has repeatedly and continually refused to make such payments or reimburse Plaintiff the amount loaned to Defendant. 2 ~, ,. ",,,::' < ' " ". COUNT 1 BREACH OF AGREEMENT MCELWAIN V. HOOVER 13. paragraphs 1 - 12 are hereby incorporated by reference as if fully restated herein. 14. As a result of Defendant's failure to continue making the payments as agreed upon, Defendant breached the agreement with Plaintiff. 15. Plaintiff substantially complied with the request of Defendant by obtaining the funds from the lender for the agreed upon purpose of loaning the funds to Defendant. 16. Defendant breached his agreement to continue making payments pursuant to Plaintiff's lender. 17. Defendant failed to substantially comply with his agreement with Plaintiff. WHEREFORE, Plaintiff respectfully requests that a judgment be entered against Defendant Daniel E. Hoover in the amount of Three Thousand Four Hundred Ninety-one Dollars and twenty-nine cents ($3,491.29), plus costs of the action, an amount within the arbitration limits under the local rules of Court. COUNT 2 UNJUST ENRICHMENT MCELWAIN V. HOOVER 18. Paragraphs 1 - 17 are hereby incorporated by reference 3 '~. , __'J.' , ~" as if fully restated herein. 19. Defendant has been unjustly enriched in the amount of Three Thousand Four Hundred Ninety-one Dollars and twenty-nine cents ($3,491.29). 20. Plaintiff has been harmed by Defendant's refusal to repay the amount of Three Thousand Four Hundred Ninety-one Dollars and twenty-nine cents ($3,491.29). 21. An amount of Three Thousand Four Hundred Ninety-one Dollars and twenty-nine cents ($3,491.29) should be paid by Defendant to plaintiff to place Plaintiff in the same financial position she was in before the loan was made to Defendant. WHEREFORE, Plaintiff respectfully requests that a judgment be entered against Defendant Daniel E. Hoover in the amount of Three Thousand Four Hundred Ninety-one Dollars and twenty-nine cents ($3,491.29), plus costs of the action, an amount within the arbitration limits under the local rules of Court. COUNT 3 OUANTUM MERIT MCELWAIN V. HOOVER 22. Paragraphs 1 - 21 are hereby incorporated by reference as if fully set forth herein. 23. At Defendant's request, Plaintiff loaned Defendant an amount of Three Thousand Six Hundred Twenty-six Dollars and twenty-five cents ($3,626.25). 4 """:" " ," -. ,~' c, ~ ,'- , :J-: . 24. All funds loaned by Plaintiff to Defendant were accepted by Defendant. 25. At all times, Plaintiff expected that Defendant would repay the amounts loaned to him. 26. As a result of Defendant's use of Plaintiff's loan, Plaintiff has been harmed in the amount of Three Thousand Four Hundred Ninety-one Dollars and twenty-nine cents ($3,491.29). WHEREFORE, Plaintiff respectfully requests that a judgment be entered against Defendant Daniel E. Hoover in the amount of the amount of Three Thousand Four Hundred Ninety-one Dollars and twenty-nine cents ($3,491.29), plus costs of the action, an amount within the arbitration limits under the local rules of Court. Respectfully submitted, Date: July Ii, 2000 {} BY Andrew C. Sheely, PA. I.D. No. 6246 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff 5 '~_ ,~, "AA . ~--, $ VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge and belief. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: July ILf ' 2000 'n " """'f'_~ L~j CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint upon the following named entity and individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, pennsylvania, addressed as follows: DANIEL E. HOOVER 415 RENO AVENUE SECOND FLOOR NEW CUMBEIRLAND, PA 17070 Date: July Ii ' 2000 ndrew C. Sheely, Esqui Attorney for Plaintiff ~~ 'n'-< I i ! ! I' I II I' I II Ii Ii I' I i I I I I! II 'I ~ I,~ I] II " i~ EI ill' I'; i~ 1:1 "l i~ lei ','1 :"j ej ::::i i~~ i:0 . ",.~, , "',~,'''h'''",', "",---,,~,,_I~"'~., ">, "," r:,~ -r"""'!"~-, (") ~~ ~~~, ~:C~' )::;r-' 2:":>, >~ -' -< C:;J c:.") !~?~ , '.- ,'- :=;? . ~'- ~~} -"-1 (":~ ','!! In :::':! :1::1 -', \ Heather J. McElwain, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY; PENNSYL VANIA v. NO. 00-4527 Daniel E. Hoover, Defendant CIVIL ACTION-LAW ANSWER The Defendant, Daniel E. Hoover, by and through his undersigned counsel, files this Answer, and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Plaintiff and Defendant entered in no agreement, verbal or otherwise, whereby, Plaintiff loaned or otherwise transferred the proceeds of the loan from Commercial Credit to Plaintiff to the Defendant. By way further answer, Plaintiff obtained said loan for her own personal use and benefit, and retained all proceeds of said loan. Demand is made for strict proof of this averment at trial. 6. Denied. Defendant did not agree to make any loan payments in consideration for the receipt of the complained of loan proceeds. By way of further answer, Defendant and Plaintiff had discussions regarding Plaintiff s financial difficulties due to excessive conswner credit. During these discussions Defendant informed Plaintiff that Defendant would assist Plaintiff by paying off half the loan, or until the Plaintiff was financially "back on her feet." Defendant gratuitously made 1 l approximately twenty-four (24) payment~ to the lender in order to assist the Plaintiff. Demand is made for strict proof of Plaintiff s averment at triaL 7. Admitted in part, denied in part. It is admitted that the Defendant made payments on the loan commencing July 1998. It is expressly denied that Defendant made these payments pursuant to any agreement with the Plaintiff. As set forth above, Defendant gratuitously made payments to the Plaintiffs lender in order to assist the Plaintiff during a period of financial difficulty. 8. Admitted in part, denied in part. See, Defendant's answer to Plaintiffs averment nos. six and seven. 9. Admitted with clarification. Defendant stopped making loan payments when Plaintiff purchased a new car and demonstrated that Plaintiff was no longer strained financially. 10. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the veracity of this averment and therefore denies the same. 11. To the extent this averment requires a response, it is expressly denied that Defendant agreed to payoff Plaintiffs loan. As set forth above, Defendant gratuitously paid Plaintiffs loan until March, 2000. 12. To the extent this averment requires a response, it is expressly denied that Defendant agreed to payoff Plaintiffs loan. As set forth above, Defendant gratuitously paid Plaintiffs loan until March, 2000. 13. This averment requires no response. 14. Denied for reasons set forth above in answer to averment nos. six and seven. 15. Denied for reasons set forth above in answer to averment nos. six and seven. 2 ~.~~, ~ ~ - ~! \ 16. This averment contains a conclusion oflaw to which no response is required. 17. This averment contains a conclusion of law to which no response is required. 18. This averment requires no response. 19. This averment contains a conclusion of law to which no response is required. 20. Denied for reasons set forth above in answer to averment nos. six and seven. 21. Denied for reasons set forth above in answer to averment nos. six and seven. 22. This averment requires no response. 23. Denied for reasons set forth above in answer to averment nos. six and seven. 24. Denied for reasons set forth above in answer to averment nos. six and seven. 25. Denied for reasons set forth above in answer to averment nos. six and seven. 26. Denied for reasons set forth above in answer to averment nos. six and seven. WHEREFORE, Defendant requests that judgment be rendered in favor of Defendant and against Plaintiff and that Plaintiff s claims be dismissed. Respectfully submitted, ~~~ Charles Rees Brown Attorney at Law 2080 Linglestown Road, Suite 202 Harrisburg, P A 17110 (717) 526-4424 Supreme Court No. 70612 Attorney for Defendant 3 ,,~ s .-, ," VERIFICATION I, Daniel E. Hoover, hereby verify that the statements made in the foregoing answer are true and correct to the best of my knowledge and belief. I understand that these statements are made subject to the penalties set forth in 18 Pa.C.S. S 4904, relating to unsworn falsifications to authorities. 4 " ,-~ ~~ - ) --",/' 0 L,'J () C Q '-n ;?;. " ,-' LJ::r~' , -n rnrr -:;1 Z'Ti , Z "-', Gl ~-;\.:.:) en ill ,:. I -< " j C) Y '_J -CJ ~ij -T, -- .::--j -f'l "."'" ,. -,",', () 2': C~: ..' ;J> om C -) 7' ::) :iJ =< en ~: i I I I i I I , i I I I , , ~ I i ;j 'j _I, ~_,.., "",;11&. __"""",",",~iI-.mf.Il~~~~:j'U~fi1!13lt~ ~~-,.".~,-,~