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, ANDREAS LOQUAI, ) IN THE COURT of COMMON
II Plaintiff ) PLEAS of CUMBERLAND
) COUNTY, PENNSYLVANIA
VS. )
) CIVIL ACTION - LAW
"
, , ALLEN ], LIGHT and )
qq. J~ ~'3 &,:~' Tl,-
ELKE A, LIGHT, ) NO,
Defendants )
Il
r COMPLAINT
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I' AND NOW comes the above-namcd Plaintiff, by his attorneys, Johnson, Duffie, Stewart, and
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:: Weidner, and makes the following Complaint in this mattcr:
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I, I. The Plaintiffhercin is Andrcas Loquai, an adult individual who resides in Pottmes, Germany,
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The Defendant herein is Allen J. Light, an adult individual who resides at 212 B Marshall
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Ii Road in Carlisle, Cumberland County, Pcnnsylvania,
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The Defendant herein is Elke A. Light, an adult individual who resides at 274 West Ridge
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il 4, Plaintiff is the father of the Dcfendant, Elke A. Light and the father-in-law of the Defendant,
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Allen J. Light,
5, On the following dates from 1991 to the present, Plaintiff advanced, as loans, to the
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Defendants the following sums of money:
I January 1991
I January 1991
I April 1991
18June 1993
1 February 1995
$5,520,00
$2,140.00
$20,000.00
$3,012,00
$50.000,00
$80,672.00
Total
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ANDREAS LOQUA[,
[N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAN[A
NO, 9'1-:2053
Plaintiff
v,
C[VIL ACT[ON - LAW
ALLEN J, LIGHT AND ELKE A, LIGHT,
Defendants
ACCEPTANCE OF SERVICE
AND NOW, this .2'1~ay of ~, [997, I Christopher C, Houston, Attorney for the
Defendant, Allen J, Light, do hereby accept service of the Complain e rd to the above-captioned matter,
ER C, HOUSTON
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Defendant Elke A. Light, that Defendant Elke A. Light had roceived
sums of money from the Plaintiff. The Defendant Allen J. Light
admits that the Defendants had received $70,000 from the Plaintiff
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without, however, this sum of money being specifically deemed to be
a loan. As to the averments of the remaining advances of funds
from Plaintiff, these funds were advances on Defendant Elko Light's
inheritance and it is specifically denied that these advances of
funds were loans or that said sums of money were received by
Defendant Allen J.Light.
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Denied. It is specifically denied that funds were advanced to
Defendant Allen J. Light in exchange for any oral promise of
Defendant Allen J. Light to repay any sums with or without
interest. By way of further answer, Defendant Allen J. Light has
advised the Plaintiff that he would, when he was able, make
arrangements to return to the Plaintiff one-half of the $70,000
received by the Defendants as referenced in Paragraph 5 above.
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Admitted in part and denied in part.
It is admitted that the
Defendants have made some payments on the $20,000 advanced to the
Defendants by Plaintiff. It is specifically denied that Defendant
Allen J. Light is indebted to Plaintiff. It is further
specifically denied that there is due and owing to Plaintiff from
Defendant Allen J. Light the sum of $82,640.
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After reasonable investigation, Defendant Allen J. Light is without
knowledge or information sufficient to form a belief as to the
truth of the averments of Paragraph 8 and they are, therefore,
deemed to be denied.
WHEREFORE, Defendant Allen J. Light respectfUlly requests your
Honorable Court to dismiss Plaintiff's Complaint without cost or
jUdgment to him.
NEW Ml\.TTER
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The payments made to the Defendants by Plaintiff were made
voluntarily by Plaintiff and without consideration.
WHEREFORE, Defendant Allen J. Light respectfully requests your
Honorable Court to dismiss Plaintiff's Complaint without cost or
judgment to him.
NEW Ml\.TTER IN THE NATURE OF A
CROSS CLAIM AGAINST DEFENDANT ELKE A. LIGHT
10
Defendant Allen J. Light incorporates herein by reference the
averments contained in Plaintiff's Complaint against Defendant Elke
A. Light in this action. Defendant Allen J. Light docs not admit
the averments of Plaintiff' s Compla~nt, but incorporates them
solely for purposes of this Cross Claim.
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Any liability on the part of Defendant Allen J. Light, which is
specifically denied, was wholly secondary and passive and the
liability of Elke A. Light was primary and active.
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If it is determined that Plaintiff 10 entitled to recover any or
all of the damages as set forth In this Complaint, which is
specifically denied, then Defendant Elke A. Light is solely liable
to Plaintiff and is alone liable over to Defendant Allen J. Light
for contribution, indemnification or both.
WHEREFORE, Defendant Allen J. LJght respectfully requests your
Honorable Court to dismiss Plaintiff's Complaint and enter judgment
in his favor. In the alternative, J f it is determined that
Plaintiff is entitled to recover, then Defendant Allen J. Light
demands that judgment therefore be entered solely against Defendant
Elke A. Light. In the alternative, if is determined that Plaintiff
is entitled to recover against Defendant Allen J. Light, which is
specifically denied, then Defend;lllt Allen J, Light respectfully
requests your l~norable Court to enter judgment against Defendant
Elke A. Light for joint and several liability, contribution,
indemnification or both.
~bmitt'd'
Christopher C. Houston, Esquire
Attorney for Defendant Allen J. Light
52 West Pomfret Street
Carlisle, PA 17013
717-241-5970
I verify that the statements in the foregoing pleading are true and
correct. I understand that false statements herein are made
subject to the penalties of IB PaCS 4904 relating to unsworn
falsification to authorities.
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OI0687-OOOOIIM.y23,1997IRWS/DCP/63892
ANDREAS LOQUAI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 97.2053 CIVIL
v,
CIVIL ACTION - LAW
ALLEN 1. LIGHT AND ELKE A, LIGHT,
Defendants
PLAINTIFF'S REPLY TO DEFENDANT, ALLEN J, LIGHT'S NEW MATIER
9, Denied, It is denied that the advances were made to the Defendant without consideration, On the
contrary, advances were made in consideration of the Defendant's promises to repay the loans advanced,
Respectfully submitted,
JOHNSON, DUFFIE, STEW ART & WEIDNER
By: -$./ //:.'.4:::;-
Richard W, Stewart
I,D, No, 18039
301 Market Street
p, 0, Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
010687.QOOOI/M.y2J,1997IRWS/DCP163891
VERIFICATION
I, Andreas Loqual, the Plaintiff named in the foregoing Reply to New Maller, have knowledge of the facts set
fonh In the foregoing and that said facts are true and correct to the best of my knowledge, information and belief,
I understand that false statements made herein are subJect to the penalties of 18 Pa,C,S, fi4904 relating to unsworn
falsification authorities,
~
Andreas Loquai
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Dated:~ N. /11 +
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
ALLEN J, LIGHT and ELKE A.. LIGHT,
Dcfcndants
NO, 97-2053 CIVIL TERM
DEFENDANT. ELKE A. LIGHT'S REPLY TO NEW MAlTER
OF DEFENDANT. ALLEN J. LIGHT
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AND NOW comcs Elkc A. Light, by hcr attorncy, Samucl L. Andcs, and makcs thc
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1 following Rcply to thc Ncw Mattcr filcd by thc Dcfcndant, Allcn J, Light in this action:
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NEW MAlTER
9, Dcnicd, Thc considcration givcn by thc Dcfcndants to thc Plaintiff for thc loans of
monics thc PlaintilTmadc to thcm was thc promiscs ofthc Dcfcndants to rcpay thc loans madc to
thcm by PlaintilT,
NEW MAlTER IN THE NATURE OF A CROSS CLAIM
10, Elkc A. Light admits thc avcnncnts sct out in Plaintiffs Complaint bccausc thosc
i avcnncnts arc truc and accuratc,
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I (, Dcnicd, Both Dcfcndants knowingly and intcntionally cntcrcd into thc loan
agrcemcnts with thc PlaintilT. both Dcfcndants bcncfited cqually from thc loans made to thcm by
PlaintilT, and both Dcfcndants arc equally and jointly liablc to PlaintilT on thosc loans,
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