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Home My WebLink About97-01263 " - ~ .... tj ~ ~ .. \I ':) Q ~ "'" { "- \~ \ ~ !. \ \"'. .....,. ...... " \ \ I ,,/ /' ( .... . ... ..::) .. ~ "'" : ~ I :i ~ . ~. NOTICE OF APPEAL COMMONWIAUH O. 'INNIYLYANIA coun O. COMMON 'LlAI FROM JUDICIAL DIITlI(l DISTRICT JUSTICE JUDGMENT CUrrherlanrt County COMMON ILIAI No. err - I J L:> 3 (\;.....J7k r m NOTICE OF APPEAL Nolie, I. gi_ that tho oppoIlant ha. filed In tho above Caurt af Common Plea. an appeal Irom tho judgment rendered by tho Di.trid Ju.tie, an tho dolo and In tho caso mot ,ticnod bolo.< Debra J. McCorkle Hon. Glenn R. Fnrner 09-3-04 y . 7075 Carltsle Pike, Int 167 ( ", CarlJ.sle PA 17013 2-10-97 Ronald E. Hoover Debra J. McCorkle '" ~Q.b-~,~ CV 19. q7_nnnnnn7 LT 19 This black win be oigned ONLY when thi. notation i. required under Pc. R.cPJP. No. l008il. This Notiee af Appeal. when recoired by tho Di.triet Ju.tiee, will operate a. a SUPERSEDEAS ta tho Judgment far pa.....ian in thi. ca... If appel/ant was CLAIMANT (see Pa. R.c.P.J.P. No. 1001(6) In actIon before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. SigWlure 01 Prolhonolary ex CJcpury PRAECIPE TO ENTER RULE TO FILE COMPLAINT ANI) RULE TO FILE (This section of/ann to be used ONLY when appel/ant was DEFENDANT (soo Pa. R.C.P.JP. No. loo1(7) In action be/ore District Justice. IF NOT USED, delDch from copy 0/ notice 0/ appeal to be served upon appelloo). PRAECIPE, Ta Prothonotary Enter rule upon Ronald E. Hoover , appell..{.), to lile a camplaint In thI. appeal Nwno 01 appolloo(s) (Cammon Pleas No. q1- I ::lLD3 C'.u-J)1'eriY' ) within twenty (20) day. after wvic. af rule ar .uller entry 01 Judgment of non pros. CgaJr:~~~~ exh4 erbOOy ex~ RULEI To Ronald E. Hoover Nwno oI_s) . appellee{.). (I) You are notified that a rule Is ho<eby entered upon you ta file a c~int in this appeal within twenty (20) days after tho date af """ice of this rule upon you by personal servie. ar by certified ar registered moil (2) if you do not file 0 complaint w~hin this Hmo, a JUDGMENT OF NON PROS WlU BE ENTERED AGAINST YOU. (3) Tho date af service of this rule if service was by maills the date 01 """ling. Date: ffiClAcl\ \ \ VI, 199'1. \;..)0 .uj\ \t.A.tfYID')() Si6 I1g1OItie A oAIu..a., ex 0<f>utY 1DPC312-&4 COURT FILE TO BE FILED WITH PROTHONOTARY ("'. (ft. I) r' CJ 1(> 1-' r -l:.. ( . ..1 t:i- oj:.. " ~'l I,!' t." r!" I "~ r- .J 8 I:' .- l:~ .0 -.J : <: 1') ..f- 0 -J -a. '.,.1 ,:" '-' _0 1- . ( ) ~.' ') ,rtl I .- '.~ ", .;.-' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (TIlls proal 0/ .ervice MUS T DE FILED WITHIN TEN (10) DA YS AFTER 111"'9 rhe notice 01 appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; II AFFIDAVIT: I hereby swear Of e"lrm thAI I served o a copy of Ihe Notice of Appeal. Common Pleas No. . upon fhe District Justice designated therein on (dare 0/ service) . 19_. 0 by personal service 0 by (certified) (registered) mail. sender's recelpl attached hereto. end upon the appellee. (name) , on .19--0 by personal service 0 by (certified) (regislered) mail. sender's receipt attached hereto. o and lurther thai I served the Rule to File a Complaint accompanying the above Notice 01 Appeal upon Ihe appellee(s) towhom Ihe Rule was addressed on . 19_ 0 by personal service 0 by (certified) (regislered) mall. sender's recelplattached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19_ Signature 01 allianl SIgna/ute 01 ollielal before whom aft/daVIt was mlde nil. ololfielal My com minion expires on .19_. ., " '.'1 '., ,_ I .COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF NAME aro" AOflf':SS f/{OOVER, RONALD E -, 219 PINE ST. MILLERSBURG, PA 17061 L ~ M.Iog Otu No 09-3-04 OJN.~ 1m GLENN R. FARNER Add._ 5002 LENKER STREET MECHANICSBURG, PA '........ 17171 761-8230 VS. DEFENDANT: NAME and AOOAtSS ~CCORKLE, DEBRA J 7075 CARLISLE PIKE LOT 167 ~ARLISLE, PA 17013 Docket No.: CV-0000002-97 Date Filed: 1/06/97 -, 17055-0000 DEBRA J. MCCORKLE 7075 CARLISLE PIKE LOT 167 CARLISLE, PA 17013 -it L/5.z6 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ., [!] Judgment was entered for: (Name) HOOVER . RONALD E [Rj Judgment was entered against: (Name) MCCORKLE. DEBRA J In the amount of $ R, ORR 00 on: o Damages will be assessed on: (Date of Judgment) '/10/Q7 (Date & Time) o This case dismissed withoul prejudice. Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ 8.000.00 80.00 .00 .00 .~ r' TOTA:" 8,088.00 $ o Levy Is stayed for _ days or 0 generally stayed. o Objection to levy has been flied and hearing will be held: 10" Time: r~ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COM~O~..P_Y:t:S. CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTlC OF JUDGMENT/TRA~~.cRIPT FORM.~lMlN~IC~ OF APPEAL. ~ _"'d"') - ))) --t--. I".' \'. ~L Date. /.' - '". . 'f' v.. _ . . . , District Justib(1 0'" ..: I ,certifY th: this is a true and correc!)cofihOf the record 0; the p.~C:~~ings) cd\~talnlng th~~~~dgm\lnt. ') J -II )- I I Date ./~......",) \ ::Jfr, fH'-''-',,: ,DistrictJust!.ce "'" SEAL My commission expires first Monday of January, 1998. '. ~._._,,_..."" AOPC 31 5-!l6 NOTICE Of APPEAL C~IAL'H Of 'INHIYLVAHIA COUll Of COMMON .LlAI fROM NllICW DllflK:1 DISTRICT JUSTICE JUDGMENT COMMOH'LlAIN. q'1- 1;;l(,p3 C....J7e..rfT'l NOTICE OF APPEAL Notice It gIwn that 1M appoIIant he. filod In the aboYe COU't of CQfM1OI'l P1eo. on appeal from the judgment rendered by the Di.lrlct Jualic. on 1M cIato and In 1M .- h"~loolOd bolOIIOl ormerland ChlTlty =~. Md))rltle 7075 Carlisle Plke. Int 167 I MN1 D'$I.~ 01 twolI co Dl Hm. Glenn R. FnrnIlI" 09-3.04 AI ~C(X)l Ph 17013 Debra .1;'McCorkle . mY C1IrUele 2-10-97 lbnlllr) E. 11?0'.o p.r . V!. , '.. C,..vr a. ~.~~ , , \' CV 19. 'l7_0nn0002 lT 19 q , this blodc wit b. aIglod 0NIr Y ~ t/i{ no~tion I. required ~ Po. RCP JP. No. 1006& ,lhls Notice of """""'. ~ ..coiYOd by the Di.trict .kJ.tic., will oPorolo 01 0 '.' 5llPERSEDEAS to 1M JudI1nont fell pouotllon In this co... /I appellant was CLAIMANT (see Pa, R.C.P.J.P. No. 1001 (6) In' action before Dlsirlcf Justice, I:e MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. :,-,,,,' '- ' SIglalllB 01 I'roI/1onOIWY 01 Oe/X!fy '\. '\ .. \ 'J \ :: '.\ \. PR~ECIPE.TO ~NTER RULE TO FILE COMPLAINT ANP RULE TO FIL~ ~ .,. .. . (ThIs secIbl of tonn to be us8d ONLY When awe/lll11l was DEFENDANT (see PII. RC.P-J.P. No. 1001(7) In actJoo before DIstrict JustIce. f' NOT USED, detach from ,c",y of notJoe 01 oppoal to be served upon awe//ee). PRAECIPE, To PIothonotary Ronald E. Hoover ,appelIee(.);tofileocornplalnli/,\in~ N6ne 01"","",,,"" (Convnon P100s No. q7 - l::1tD 3 Co; ,0 Te r(l) ) within twenty (20) day. oftar ...viaI of OI.ufler entry 01 JudIp:nont of non proL G a ~ J^ ot/.. ~ilM ~..:oll .:llUv. O.wlOO ~ln'JC:)br.rJl>>T'U~ .C\:.Il IllH qma:l OOO~ .8 M UlI Q M1l!iIllIft03 (1) YOl.. are no~fiod thot 0 rule is hofwby entered upon you to file a compIoint In this appeoI WI 'n twenty (20) day. oftor 1M date of ..me. of thi, rule upon you by pononoIllfVice ot by certifiod 01 registered mail EnIot rule upon ,t. RULE. To Ronald E. Hoover NImo 01 ~" , appelIoo(.). (2) K you do not file 0 compIoinl within this ~mo, 0 JUDGMENT Of NON PROS WILL BE ENTERED AG./oJNST YOU. (3) Tho date of ..me. of this rule if ..me. was by mail It 1M dolo of "",,11ng. Dale:-JJ /11 ~,h J/~I, 19 Q7. \) )11 ./')Y)JW/I!{H1J;: rJ Ad}........, a 0Il!pAy ;,'1"1 il ,',....ill.,t,'!;. ._t~.I.... ,'" tJ',: ,'f. ",,""i 1 ,p.... 0", , ','" ~. i ,,' ~, ! ~'.. r '..:_ ,'.1 'L', ,It "r. -; ~,,_ ~ ~"': - " I .': I I I I ,f ". . ~ , . . < t ( , -" , 'I.,,"!';' ,f" .t' I".. J , ~,II. _I ,," , .':' ' '. 'I .' Iii'" I, .(If l"~ (' ' :". ,'I;~) j COUNTY 0' COMMONW!ALTH 0' P!NNlnVANIA C.t J mAt;~lflt1)O ITh/. prool 01 "rvlc. MUST BE FILED WITHIN TEN 1(0) DA YS AFTER liling tho nolico 01 appeal. Chock applicablo borll) PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT . . . ". '^ "rl,..,:. AFFIDAVIT: I horeby swo" or efflrm Ihaf I served ( '" w,,~ . , ~ a copy 01 Iho Notlco 0" Ap~o.;1. commonq~a,s No, Q'1-1 d l.J 3 ~ M upon tbe Dlslrlct Justice doslg~ated thareln on Idal' 01 aorvlce) '=' - I;:J. , 19 by p~sonel s~rvlce r:: by (cen/fled (roglateredl mall, a'nder'a (,iI .' \.' \r8ceIPf~ttachedhereto:g~utJntheeppellee'lna~ ~f'ln't1~a. G. ,j:fr"lt'." . .1 ".".'.I''')on( \: \ '\,( -Ido, 19 by personal service!"by (certlfled)(registored) mall, s.ender'lre~oIPl.atl~ch~~.~e~~tp. : ' ,I:' " \ Y" and lur!herlhatlserved Ihe Ruloto Fllo e Complaint eccompanying Iheabove Notlca of)\Ppe~u on Ih, 'PP'''fl8tJj '~Wl1om '", tha 'RUI~ was addrassed on "", - I d. . 19..9!L 0 by personal sarvico by (~ertlfIOd) (registerad) I .,,' " . mall, ssn'dar's racolpt attachod harato. , ill -'; 'j'-""~ ~A j- \ 1'~ . SWORN (AFFIRMED) AND SUBSCRI8ED BEFORE ME THIS h 0'; OF dranh'.: 19~ " I", !I c'_n,,'_'U iC'lt 1\ I;', )C'. 'j d ',1qIJ1:!~q My Qommlulon '.Plr,. on . IlL..;.... .' :"\;1 ".j'r: "I ~ ,- - -_. ~.- :"'c <"" ':, NOTAIIAL SEAl ~~~~ Nhln r.. 8. l.q";'''';:!r:~';Til''''':)) 'I' . h ,hh ~'Jt h'~,-' :,,;1_. !G'~!;' '; rH. ''- ,"J'.'/:," . '. 'n .' -', ~A~ 01 Ii!JU;J !JOY j,~'.I; '~'.. '.1:!- j, ,'J ~'l {! j '." '. ',: \'; 'r;" ,..' , . r:- ',;:11,_ ',r , '.,1 l, "!}' r, mrl! L'Jo:-!:-'i;.'If! 0'0 IMY {I) I.....,. J .., :1,"" ',.; ':.' "J ..'......,':.. ru~~,.;'4 ,'I r.,o-~ f'R'>qu .,IUllilh 10 G:MVlf:ri ,..,' , i :,c,-', i ,-, r;.:..'.'...':)V t, " " ..0" ", I,. .'. 1. ':1",,,.., " ':" 1. .,1 0[, UO~ 11 ,~; ""J,r.-.. I. .1,.," "'. , \" ",^.;., ,.., I, ',., ..,." '. '.;\'1".' lo.lob ,.,r! (q ~;~:ii;;--i::~~~),7,;, :0 i.:.~r~"",: '. . 1.__.._._ " : \ ' ,-; i, . -'~" 1'1 ,--._ .-..:.....LJ.....L......_:e!o<J "'I,.'r,;)q('),I, . ".. P 2211 568 2"5 'I US Poslal Sel1llce Receipt for Certltled Mall No Inaurance Cove,ege Provided. 00 nol Use lor Inlemallons! Mall 508 reV8rso 10 CerWiedF.. I Sjle<H/OoIIveIyF. Aosllidod Dei,.,., Foe OIl 81 AelumReceiplSllowingIo .- ~ & 0"1 Delvered '1! -~s..mv."",,",. ~ 0...1A<lt_~_, g IOIALPOI.g.lF... $ ,5c';:2 '" M Postma/\ 01' DI'I ! DID "'3-IeJ.::.!l'l ~ '-f/Jt:IV- ----;:-_.. .. b R: .:1 '~If. hlmlllneVor 2'Of addIIJoNINMc". '. 'ComPIII.h.n1I3,....lnct4b. 'i 'Print~nam'IOd'dd(f"onlh' flYarI. DllhI"onnlOlhIl wtcanr,lumlhi, I Cltd10 rou, 'Anach IN.ro"" 10 Iht fronr 0' IhI mallplec., Of on Ihe b&dc: It aplce dot, no! ! _I. e IWnl.tR.wm Rec.lpt R<<1IM"~ on the mal/piece below Ihe article number. & 'The RtlLWn RlCtlpI wlllhow 10 \Ithom lht II1lc1, \ltl' dlNv.red and Ihl dat, e _Od. '0 J 3. Mc/e AddreSled to: i RDIJHLO E, HDOVER a C)/q P/PJE ~Tf2.EEiT m/LL6P,5 ~~ PR 170[0/ .. 5. Received By: (Print Name) I elso wish to ,ecelve the tollowlllg .el1llces (fo, an e><1,a lee): 1, 0 Addre..ee'. Add,ess I 2. 0 Reslt/cl.d O.Uv.ry rlI Consult poslm.sl., '0' t.e. ,g. ~ 4.. Artlcl. NUmb , .. ~ ~'i!'i1l[I(P 1[0 ~ 4b. S.l1Ilc. Typ. Jg; ~ o R.glsl.,ed C.rtllI.d ';. o Expr.ss Mall Insu,od oS o R.'um Rocoipllo, Mon:t"""fSO 0 COD ~ 7, Dol. 01 O.IIv.ry .2 " o >- ... e ~ 8. Address.... Add,... (Only If 'oquoSled and f.o fs paid) !i 6. Sign. lure: (Addre.... or Agent) .~ X .!l PS Fonn 3811, Oec.mbo, 1994 . Domeslic Return Receipt . . . () s' 0 ( -I " -- I ~, " .' ."'1 Q~l\ ~. 'J 'r- .p'" . . 'I'.:? l. .. c~ :. ., ~O r~ l~ ,'-.1 " ..,-, ) p" . .' ',( ) ., ,- ",In .1-" , .1 " :7> :.q , (,) ", ~I '.-. ..... I ! , .. RONALD E. HOOVER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. q7- /2r;,3 CIVIL TERM DEBRA J. McCORKLE, Defendant CIVIL ACTION - LAW 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 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. COURT ADMINISTRATOR 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) -240-6200 RONALD E. HOOVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL TERM DEBRA J. McCORKLE, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes Ronald E. Hoover, by and through his attorney, R. Mark Thomas, Esquire, and brings this Complaint against the Defendant, Debra J. McCorkle, and in support thereof respectfully represents: 1. Plaintiff Ronald E. Hoover is an adult individual who currently resides at 129 Pine Street, Millersburg, Pennsylvania 17061. 2. The Defendant, Debra J. McCorkle, is an adult individual who currently resides at Lot 167, Leiby's Mobile Home Park, 7075 Carlisle Pike, Carlisle, Pennsylvania 17013. 3. In 1994 the parties, who had previously been living together at the Plaintiff's townhouse, purchased a mobile home which is located on Lot 167, Leiby's Mobile Home Park, 7075 Carlisle Pike, Carlisle, Pennsylvania. 4. The purchase price for the mobile home was $12,000.00 of which the Plaintiff and the Defendant jointly borrowed $10,000.00 from the Defendant's son in order to purchase the mobile home. ,. . . 5. Over the next year and one-half the parties together paid off the $10,000.00 loan to the Defendant's son with each party paying an equal amount. 6. For the benefit of both Plaintiff and Defendant legal title to the mobile home was issued in the name of the Defendant's daughter although it was understood by Plaintiff, Defendant and the daughter that the real owners of the mobile ho~e would be the Plaintiff and Defendant. 7. On or about September 13, 1995, the Plaintiff and Defendant entered into an agreed-upon Court Order which excluded the Plaintiff herein from the mobile home residence at Lot 167 in Leiby's Mobile Home Park. 8. Pursuant to that same Court Order the Plaintiff herein was to have returned to him all his furnishings and clothing which were located in the mobile home. COUNT I - CONVERSION 9. Paragraphs 1 through 8 are incorporated herein as if set forth at length. 10. On or about September 13, 1995, the Plaintiff owned and was in possession of the following personal property having a reasonable total value of $8,000.00. The personal property is as follows: A. The mobile home located at Lot 167 at Leiby's Mobile Horne Park of which Plaintiff has a one-half interest. (Value - $10,000.00). , " .. I- r' I 13. When the parties entered into the agreement to purchase the mobile home from Leiby's Mobile Home Park it was agreed between the Plaintiff and the Defendant that they would be joint owners of the mobile home which they were purchasing. The current market value of the mobile home is at least $10,000.00. 14. The title to the mobile home has been issued in the name of the Defendant's daughter although at the time title was so issued the Plaintiff and Defendant, by agreement with the Defendant's daughter, were to remain the actual owners of the mobile home. 15. Since the Defendant left the mobile home on or about September 13, 1995 he has made demand of the Defendant to purchase his one-half interest in the mobile home and the Defendant has denied that Plaintiff has a one-half interest in the mobile home. 16. The Defendant's denial of the Plaintiff's one- half ownership interest in the mobile home is a breach of the oral agreement which the parties had entered at the time the mobile home was purchased. 17. The Plaintiff has been damaged to the extent that he no longer benefits from the agreement entered into between the parties and therefore he has been damaged to the extent of his ownership in the mobile home which is $5,000.00. WHEREFORE, Plaintiff prays this Honorable Court will enter judgment in his favor in the amount of $5,000.00 plus costs and such other relief as the Court may deem appropriate. COUNT III - CONSTRUCTIVE TRUST AND PARTITION 18. Paragraphs 1 through 17 are incorporated herein as if set forth at length. 19. The Defendant is in possession of the mobile home which is owned jointly by the Plaintiff and the Defendant and which has a fair market value of at least $10,000.00. 20. The Defendant refuses to purchase the Plaintiff's interest in the mobile home and denies that the Plaintiff has any ownership interest in the mobile home. 21. The only way in which the property can be distributed to the Plaintiff and the Defendant is to sell the mobile home and divide the proceeds evenly between the parties. WHEREFORE, Plaintiff prays this Honorable Court will enter an Order stating that: 1) The Defendant is in possession of property owned jointly by the Plaintiff and the Defendant, that property being the mobile home , located on Lot 167, Leiby's Mobile Home Park, Carlisle, Pennsylvania; 2) That the Defendant is hereby declared to hold that property as a constructive trustee for the benefit of both the Plaintiff and the Defendant; 3) That the Defendant is hereby directed to sell the mobile home and divide the proceeds from the sale of the mobile home evenly between the Plaintiff and tha Defendant; and 4) The Defendant is hereby directed to pay the Plaintiff's attorney fees and the costs associated with the bringing forth of this action. Respectfully submitted, M:i~nu- R. Mark Thomas, Esquire Attorney for Plaintiff 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 IDII 41301 '. ': ,- (". \.0 9. ( -.I ~ ... ..... :::1 ~I' ~, ,;YJl ) 1~ . ~\J TJf!i Z~,. I ~~t;_ '"11 ~.~:- -: <.'>6 ."j r'{ ~ " :B .,... . .,'..1' ~,; r ~ 'An ;r,. ~~ 7')ITI ,-, ;l- r'.. "'t "t. .-. to,;, :-O.J -" (Xl -< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RONALD E. HOOVER, 1 Plaintiff , NO. CIVIL TERM I v. I , CIVIL ACTION - LAW DEBRA J. McCORKEL, , Defendant 1 CERTIFICATE OF SERVICE AND NOW, the undersigned hereby certifies that on the date hereof, a copy of the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT was served upon the opposing parties by United States First Class mail, postage prepaid, addressed as follows: R. Mark Thomas, Esquire 54 East Main Street Mechanicsburg, PA 17055 LAW OFFICES OF CRAIG A. DIEHL Dated ~ I~I ,QQ7 , CP~~ O.:tMt;- Patricia A. Yea ley, Secretary 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 ro' u:> () ~-: -J -n ;:-. ~ . -0: '-:1 .~~ -'1 [~: - :,J , ,If- "1fT' :l; . ('., "~ .' t/.' :~ -) ~~ "T) r:.f.l ..:-:: ..--.. ?(", ~, 0n1 '-, ~..) ~\ :::! . r:- ::q tl:) .... , . IN THE CUURT OF CO~tMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RONALD E. HOOVER, 1 plaintiff I NO. 97-1263 CIVIL TERM I v. I I CIVIL ACTION - LAW DEBRA J. McCORKEL, I Defendant 1 TO THE HONORABLE JUDGE OF SAID COURTI DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Debra J. McCorkel, by and through her attorney, Thomas J. Rozman, Esquire, and the LAW OFFICES OF CRAIG A. DIEHL, who files this Answer to Plaintiff's Complaint and in support thereof avers the following: 1. Admitted. 2. Admitted. 3. Denied. It is denied that in 1994, either Plaintiff or Defendant purchased the mobile home which is located on Lot 167 of Leiby's Mobile Home Park, as the mobile home was purchased by the Defendant's Son, Michael McCorkel, and Legal Title was placed in the name of his sister, Julie K. McCorkel, with Michael McCorkel retaining an equitable interest in said property. 4. Denied. It is denied that Plaintiff and Defendant jointly borrowed money from Defendant's son to purchase the mobile home. Further, it is denied that said mobile home was purchased for $12,000.00. 5. Denied. It is denied that Plaintiff paid any money to Defendant's son, Michael McCorkel, as repayment of a loan used to purchase the mobile home. By way of further answer, Defendant denies that Plaintiff was party to such a loan and that any loan existed. By way of further answer, Defendant's Son, Michael McCorkel, on various dates made loans of varying amounts to Plaintiff to be used to place bets on horses at Penn National Race Course. Any payments made by Plaintiff to Michael McCorkel were in repayment of such loans and not payment toward any interest in the said mobile home. 6. Admitted in part; denied in remainder. It is admitted that legal title to the mobile home was in the name of Defendant's daughter, Julie McCorkel. However, it is denied that there was ever an agreement with the legal owner, Julie McCorkel, that Plaintiff or Defendant would be the equitable owners or have any interest in the mobile home. 7. Admitted. 8. Denied. It is denied that Defendant had any responsibility to return Plaintiff's personal property, beyond providing Plaintiff with access to the mobile home, as the Order specifically states that Plaintiff was to make arrangments with cumberland County Legal Services to remove his personal property on September 13, 1995. Further, Plaintiff failed to make any arrangement to appear on that date to remove his personal property from the mobile home and has continually refused to remove his property from the mobile home despite Defendant's many requests. 9. ParagraphE' 1 through 8 are incorporated herein as if fully set forth. 10. Denied. A. Denied. It is denied that the Plaintiff had or has any interest in the mobile home. Further, it is denied that the mobile home has a value of $10,000.00. B. Admi t ted in part, denied in remainder. It is admitted that on or about September 13, 1995, Plaintiff owned and was in possession of the personal property listed below in sub-paragraph (i). It is denied that on or about September 13, 1995, Plaintiff owned and was in possession of the personal property listed below in sub-paragraph (ii) . After a reasonable investigation, the Defendant does not have sufficient information to answer the question averred at this paragraph with regard to the personal property listed below in sub- :, paragraph (Hi). Finally,. the Defendant denies that the personal property listed by Plaintiff has a fair market value of $3,000.00 and proof thereof is demanded at trial. (i) Sofa, Lazyboy, small chair, coffee table, 2 end tables, hutch, desk, 2 old pictures, movies, blankets, books, glasses, kitchen table, chairs, dishes, old dishes, can opener, pots and pans, marble table, cedar chest, cedar wardrobe, clothes, washing machine, ladder, True Temper tools, radar detector. (ii) Microwave, old spoon set, deep fryer, blender, plastic chairs, old clocks, dresser with mirror, small dresser. (iii) Tapes, antiques, Bill Blass watch, wheel barrow. 11. Denied. It is denied that Defendant came into possession of the personal property listed in paragraph 10 on September 13, 1995. It is further denied that Defendant converted said property to her own use or refused to return said property. By way of further answer, it is averred that Defendant returned numerous items of Plaintiff's property and Plaintiff abandoned any remaining property that was located at the mobile home on Lot 167, Leiby's Mobile Home Park, 7075 Carlisle Pike, Carlisle, PA 17013 by refusing to claim and remove said property from said residence and instructing Defendant to dispose of said property. WHEREFORE, Defendant respectfully requests Your Honorable Court to enter Judgment against Plaintiff denying his request for relief in its entirety. r . i, Count II - BREACH OF CONTRACT 12. forth at Paragraphs 1 through 11 are incorporated herein as if set length. 13. Denied. It is denied that there was an agreement between Plaintiff and Defendant that both would be joint owners of the mobile home. Further, it is denied that the mobile home has a fair market value of $10,000.00 and proof thereof is demanded at trial. 14. Admitted in part; denied in remainder. It is admitted that title to the mobile home was issued in the name of Defendant's daughter, Julie McCorkel. It is denied that Plaintiff or Defendant had an agreement with Julie McCorkel that they were to have any interest in said mobile home. 15. Admitted. 16. Denied. It is denied that there was an agreement between Defendant and Plaintiff giving Plaintiff any interest in said mobile home at the time it was purchased. 17. Denied. It is denied that Plaintiff has been damaged to the extent of $5,000.00, as the Plaintiff has no legal or equitable interest in said mobile home. WHEREFORE, Defendant respectfully requests Your Honorable Court to enter Judgment against Plaintiff, denying Plaintiff's request for relief. COUNT III - CONSTRUCTIVE TRUST AND PARTITION 18. Paragraphs 1 - 17 are incorporated herein as if set forth at length. 19. Admitted in part; denied in remainder. It is admitted that Defendant is in possession of the mobile home. It is denied that Plaintiff and Defendant are joint owners of the mobile home or that Plaintiff has any interest in said mobile home. Further, it is denied that the mobile home has a fair market value of $10,000.00; and proof thereof is demanded at trial. 20. Admitted. 21. Denied. It is denied that Plaintiff has any interest in the mobile home. Therefore, it is denied that the mobile home should be sold and the proceeds divided. ,. WHEREFORE, Defendant respectfully requests Your Honorable Court to enter Judgment against Plaintiff, denying the relief requested. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL quire Attorney for the Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RONALD E. HOOVER, I Plaintiff I NO. CIVIL TERM 1 v. I I CIVIL ACTION - LAW DEBRA J. McCORKEL, I Defendant I VERIFICATION I, THE UNDERSIGNED, VERIFY that the statements set forth in the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the Penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Dated: k\ _ \ ., , Cj ( QJ,.~~~ rn\e.e~ DEBRA J. Mc ,~KEL v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1263 CIVIL TERM I , RONALD E. HOOVER, Plaintiff DEBRA J. McCORKEL, Defendant CIVIL ACTION - LAW PETI'nON FOR APPOINTMENT OF ARBI'rRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: R. Mark Thomas, Esquire, counsel for the plaintiff in the above action, (or actions) respectfully represents that: ~ 1. The above-captioned action is at issue. 2. The amount sought in damages is less than $20,000.00. The counterclaim of the defendant in the action is $0.00. The following attorneys are interested in the case (s) as counselor are otherwise disqualified to sit as arbitrators: R. Mark Thomas, Esquire, Thomas J. Rozman, Esquire and Craig A. Diehl, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, J!)$k>~ R. MARK THOMAS, ESQUIRE ORDER OF COURT AND NOW, S~ IS, petition, 'K/JN 7u/lLJ , and~ tAAI 07tlJ / captioned action (or actions) as prayed for. 1997, in consideration of the foregoing Esq., W/IJ.'AYJI') ~tJ)lS Esq., , Esq., are appointed arbitrators in the above- , ro,-) By the Court, 4}C~ \~ ~& ~ P.J. .", ,. ,. I ." '~, -'./ . , , I' ..' .. \ ,;.:) ..'.\ :.1 ". ;.'-" .., '-- \ .~ ~~ ~ () In I') ... , ..., 'II ", ',", I ''I f..rr J 1-.. ~~~ I ,I]', ~ ',. .r: ';! Ill{ ~v. ,0., ,., ., t 1\, , )11 ............ .. -, ~ ~. 'I .. /,1 ~I -.. RONALD E. HOOVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA J. MCCORKEL 97-1263 CIVIL TERM CIVIL ACTION - LAW IN RE I VACATE ARBITRATOR ORDER OF COURT AND NOW, OCTOBER 3, 1997, the appointment of William C. Vohs, Esquire, is hereby vacated and James K. Jones, Esquire, is appointed in his stead. By the Court, j,,~ CD-V\ r' . ~~ Harold E. Sheely, P.J. Ron Turo, Esquire Chairman ~ ~ Icl"/9'1. ,,}.:i', Court Administrator :sld F" 0"-, n'--"'"'" ".., .-rr1 " r.... .,'....;':'...'..:.-:-:-.....[").., ." I "" . . i ..11 a'/ n'''; -(. "I ','. II) ~ .' , J ~ i C;, ;: '. .;, I"':" . "1,', ", . !', ,-., ,."J : , II I I I i I f!OA'A<-f) f -. /~ ('J(',> VI'/? ) ) ) ) ) /rr { L(\.!;( I ~ 9/- /;)0 ? In The Court of Coemon Pleas of .,/ Cumberland County, ?enns~lvania ~o. 19 /)e l?J)/'1 - l...,/'. OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our AWARD e .tZ!:: 't r[ 'If ~)J I'i!ift( ~ ~_A G' ) We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) JJJ..f-.p'~D ,:v fQII~" (" -f epIc,"" L-f-t- DIJ -J kt' CO~A/ i-cf- (L-lf'Q~.fv.:--J " '\.I~<" a,"oJ ~ f- 4"&00 _ <'0 We -(2;.p ~~ry 0+ ~jQ,'1..I-. t-~0t1.. M + l'.r;;' ~ ~~. '::> 00. eYe) Of<.- -IclaL erf'. -ttlf /c..'O. 00 7/;- i' . Arbitrator, name ~\J t!Qd... I,t...- 'J.-l.,-c- applicable. ) /t!tD!cr/ /1 110 jC( 7 ~ Date of Hearing: i ;. Date of Award: 1l0T:::C2 or ENTRY 111' A\oi~ Now, the 1(5+-~day or .d_\'.:Of'..I>l 6'if'L. 19~1.... at~. .E:.l1.. the above award was entered upon the (\ccket and llol;ic.e thel'eof given by mail to the parties or thei~ attorneys. Arbitrators' compensation paid upon appeal: $ :JCio, (I () to be ~J{;"d Pit )ctJR ) l'rothonotary P Vlk/2dl), 'W:. D.puty . .. By.: do'h (' {'c~YF.tt--; ~ I. C~1 I <A/?-o Lc/.I.N D+tc-~~ ~ ~ fi)Oi/- ({.,(hO J t1A'\5 l'. J tJ(VIS /9~ - 'trr- l.( ;L?,) Y VvV\ Co...", c:r- O-t::.t:.o - ~ 0' &t.s"'-^^- 6+t-o Cory -/-0 c: (J ../IJaJ,t'c..t. n"\~I'L'LcL //)0/17 n ....' ("') C ..J "';1 ~ ~~ -J "'O~'J ~ .:'J 1J1i.1"' .- 11;-. '- 7- ..' - 'nm :j': r, C';'- .0 ~::~ ')0 -j.~ ~f':'., "0 ..,.-,j ~.:::: ~' ..,.. '-1c) .':;....".. .- "~'rn . "l . t.:? ~ ~c: ~ w ~~ ::.a ." -< '-' * Pe/L f~CA.JL ac.JU~sa ~/tJU lvd-< filt2. ~P-O ~ c.......' ":i ~ i,:";-' ':. \ ~:E~~~\;?:{L;~::,'..: . ,,,tt~~J~{:',~; . . . It. MARK moMAS ATl'ORNEY AT LAW ~ l!:A8T MAI~ tlTlI!ET . MECtWllcSSuaG.PA 110M (717)87..4648 rAX(7II')697-'", c""-~~ .. ~ , j~\! " ..J, , -----~ .;'" :'.i _~' '_~_ . c-'-' --. .., RONALD E, HOOVER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I ~ v. DEBRA J. McCORKLE, Defendant NO. 97-1263 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and at end, Respectfully submitted, ~ R. Mark Thomas, Esquire Attorney for Plaintiff 54 East Main Street Mechanicsburg, P A 17055 (717)697-4650 ID# 41301 ~