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HomeMy WebLinkAbout98-00380 d , \. \I :> o. cl > '1 ~. - ~..:" ~ . ~ \ ! s: ... ~ - - .::> - . 0..' Q-o ~rs'__ . \.~....-..::.:. - . .' - - -=----- " - =~.....' 1,. ,'I J. Lester Stone, Churlotte F. Stone Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACfION - LAW NO. ~ ()~ - 3 'iJrJ CIVIL TERM IN ASSUMPSIT AND EJECTMENT I .. , Scott Mlchuel Coover und Murle Jo Coover, Defendants " NOTICE You have been sued in court. If you wish to defend againstthc claims set forth in the following pages, you must take action within twenty (20) days aftcr this complaint and notice arc served, by entering a written appcarancc personally or by attorney and f1Iing in writing with the court your dcfenses or objcctions to the claims sct forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may bc entered against you by the court without further notice for any money c1aimcd in the complaint or for any othcr claim or rclief requested by the plaintiff. You may lose money or property or other rights important to you. I . ,,' I , , r 11 I', I ' ! ! 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. .~I COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6200 ~ .W , .J. Lester Stone, Charlotte F, Stolle Plaintiff IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY. PENNSYLVANIA vs. CIVIL ACJ'ION - LA W '1$ - j ~D NO. \l:l~ CIVIL TERM IN ASSUMPSIT AND EJECTMENT Seott Michael Coovel' and Marie .Jo Coover, Defendants COUNT I:COMPLAINT IN ASSUMPSIT FOR BREACH OF CONTRACT AND NOW comes C. Lester Stone. by and through his allorneys. Frey and Tiley. Allorneys at Law, and respectfully states as follows: I. Plaintiffs arc J. Lester Stone and Charlolle F. Stone. husband and wife, adult individuals, of 1642 Pine Road, Dickinson Township, Cumberland County. Pennsylvania. 2. Defendants arc Scott Michael Coover and Marie Jo Coover. husband and wife, adult individuals, of Dickinson Township, Cumberland County, Pennsylvania. 3. Plaintiff is the owner of the mobile home located al Bollinger's Mobile Home Park, 1328 Pine Road. Lot 9, Carlisle, Curnberland County, Pennsylvania. 4. On or about February 4, 1997. Plaintiff and Dp.fendants entered into a written Installment Sales Agreement for Ihe sale of the mobile home for $8.650.00, in monthly installments of $400.00, without interest. Possession was delivered to Defendants at that time. A copy of said Agreement is allaehed hereto as Exhibit "A". 5. In consideration for the tenns of the Agreement, Defendants agreed to pay to Plaintiff in monthly installments of $400.00 beginning on February 4. 1997 and continuing on the first date of each succeeding month during the lenn of the Agreernent. 6. Defendants breached the tenus of the Agreement as stated above by failing to pay monthly installments due on and after September I, 1997. 7. Defendants further agreed to timely pay the lot rent for the real estate on which the mobile home was located. 8. Defendants breached the tenns of the Agreement as stated above by failing to pay lot rent of $] 80.00 per month for the months of August and September, 1997. and $200.00 per monlh for the months OfOclober and November, 1997. 9. Defendants further agreed to pay fire insurance and taxes on the said mobile home. 10. Defendants breached the terms of the Agreement as stated above by failing to pay lire insurunce and laxes due in the 1II1lount of $160.00. II. Defendants funher agreed 10 be responsible for all repairs and nmintelHlIlce of the mobile home on and after February 4, 1997. 12. Defendanls breached the terms of the Agreement as stated above by lililing to pay for repairs to the stove in the amount of $91.00 and wrongfully inlill'llling the person performing the repairs thlll Plaintiffs were responsible for the payment for said repairs. 13. Defendants agreed to pay reasonable allorney's of $100.00. 14. Plaintiffs have performed all responsibilities under the terms of the lease. 15. Defendants are nolmembers of the mililmy service on uctive duty. 16. Defendullls now owe rent to PlailllilI~ instullmelll puyments, lot rent, und costs udvuneed us follows: Instullment puyments pust due Lot rent for August through November, 1997 Fire insurunce und taxes due Repairs and maintenance of the mobile horne Attorney's fees $1,200.00 760.00 160.00 91.00 100.00 $2.311.00 Total WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter judgment in favor of Plaillliff and aguinst Defendant in the amount of $2,311.00 plus costs und interest from the date of judgment. COUNT II: COMPLAINT IN EJECTMENT FOR BREACH OF CONTRACT 17. Paragraphs I through 16 ure incorporated herein by reference. 18. Plaintiffs arc, and at all times relevant to the within action have been. the owners und entitled to possession of the rnobile home situate in Dickinson Township, Cumberland County, Pennsylvunia, a~ evidenced by u cenilicate tille from Pennsylvunia Depanment of Motor Vehicles, a true und correct copy of which is allached hereto and incorporated herein by reference as Exhibit "B." ~. 19. Pursuant to thc tcrms of thc Installmcnt Salc Agrccmcnt rcfcrcnccd ahovc. and in considcration of thc pl'Omiscs. covcnants. and agrccmcnts of Dcfcndants. Plaintiffs dclivercd posscssionto Defcndant and Dcfcndalll clllcrcd into posscssion of thc mohilc homc on Fcbruary 4. 1997. 20. As statcd uhovc. Dcfcndants havc brcuchcd thc tcrms of thc Instalhncnt Salc Agrccmcnt and continue to be in brcuch of thc Agrccmcnt. 21. Dcfcndants havc scnt to Pluintiffs a writtcn Noticc of Intclll to Forcclosc. A copy of Plaintiffs' Noticc to Defcndant of thc intention to forcclosc and scck posscssion through cjcctment if paymcnt werc not made is attachcd hcrcto and incorporutcd hcrcin by rcfcrcncc us Exhibit "C." 22. Dcfcndunts huve fuilcd und rcfuscd to givc possession to Pluintiffs und huvc further fuilcd und rcfused to muke rcquired puyments pursuant 10 thc Instulhncnt Sulc Agreemcnt as dcmandcd inlhe Noticc. WHEREFORE, Plaintiffs respcctfully requcst judgment in fuvor of Pluintiffs and against Defcndants grunting to Pluintiffs possession of the hcrcin described mobile homc. costs of suit und such further rclicf us the Courtll1uy dcem propcr. Rcspectfully submitted. By: Frey & Tiley. Afol1)eys for 'I Robcrt G. Frey, Esquirc Suprcme Court Number 46397 5 South Hanovcr Street Carlisle. Pcnnsylvaniu 17013 (717) 243-5838 Wc vcrify that the statements mude hercin ure true (md correct und understand that false statements herein are made subject 10 the pcnalties of 18 Pu. C. S. A. * 4904 relating to unsworn falsification to authorities. -, Dated: Novcmber 19,1997 , I ,'~~~-' : Lestcr Slone ~~lZL ~ )Jt-f-nA- Churlotte F. Stone r. i.-U\ r:\ :~ 'M~ ".1' /).' I~.' ,. ' , I INSTAl.lilllliJYI' SALES AGllliJi~IENT ,{ ENTEIlEIlINTO.lhi, ~ dayol'-f..f- \}".1:, ,1~<J\7.IlETI\'EEI'O ./. I.ESTEIl STONE and CIIAIl!'OTTE I,: STOI'OE, hushand aud wife, of 1M2 Piue Road. Carlisle, Peunsylvania 17013. herciunfler whelhcr siagular or plural called "SELLER", AN Il c7'0 ~ <] 1 .;. r9 f? 67.(....,- red (l (J't..-:L.-... of 1""",,~uI (lIIailiug address, ""'I'" e"UI, Carlisle. Peuasylvauia 171l1.1,. herelllaller whclhcr singular III plural called "PLJRCIIASER", \\'I'I'NESSETII: Thul (he suit! Selic!". ill cOllshlcnllioll of llle ICIIIIS iIIHI CtJIHliliulI.'i hcrcinnflcr rncluiol1cd nnd COlllllined, ngrccs 10 sell Illld transfer UlHu the suit! Purchllscr, their heirs nnd assigns. n certain mobile home together with Ihe conlents thereof pHO' ':l1tly located in \Vcst Pcnnsboro Township, CUlI1hcrlllnd COllnty, PClllIsyl\'lIl1ia. on I.ot Nu. <J' . . lhe silid mobile home heing MallufllClurcr's No.: TilE MOIll!'E IIOME is heing soil "u a "whcle is" and "as is" hasis willliau any Warmnly ilS fa its mobility or condition. IN CONSII>EIlATION "'" Ell EO F. Ihe said Purchaser acrees 10 pay 10 Ihe said Seller Ihercfor Ihe SUIII of ~ "ThO...and botHundred and 1111/100 h. ($o!;"~'^J'h' Dllllars. as follows: (I) S Dollars "r.on Ihe exeelllioll of Ihi, AgreemclIl of Sale.lhe rcecipl whereof is hereby acknowledged by Ihe Sel cr. and (2) The balallce of S Dollars in mOlllhly inslalllllems of FOllr Hlllldred (S400.00) Dollars each IIl1lila 10lal of Thollsalld Six HUlldred aad 11011 00 h. (S . 00,(0) .h Dollars has been paid. each inslallmem of S400,OO 10 he paid on or before Ihe day of each 1110nlh, beginniag , 19~6, aad Ihereafler 011 or before Ihe like day of eaeb succeeding monlb ullliI said 10lal SUI11 of S: ,00.00 has heen paid. In addition 10 the said 10101 consideration of ~ 'jOO.OO, the Purchaser ngrccs to p.1Y alllaxcs. municipal assessments, utility charges. nlllkc all .1cccssnry repairs to the premises, and to keep in {oree nOlless Ihan Five Thousnnd and no/lOO.n (S .000.00).n Dollars of Fire lusu",nee wilh extended coverage and public liability and properly damage insurance, issued by u reliable insurance company approved by the Seller. in which policy or policics the Seller nod Purchaser shall be named as Ihe Insureds and wilh loss p.1Y<lblc 10 the parties herelo as their interests ll1ilY appear, A copy of said policy or policies sball be seal 10 Ihe Seller, The Purchaser sball pay Ihe required monlhly rem for Ihe space ocenpied by 'Ihe mobile home direelly 10 Ihe Owner. curremly allhe rale of S I, ,00 per II1oalh. 1lI1he residence of Ihe Owaer al Peipce COUrt or at such olher plnce as the Owner may direcl, and the Purchaser ugrccs 10 enter into a renin) coolmel for Ihe space occupied by Ihe mobile home with the Owner. Purchaser agrees to comply wilh nil of the rules and regulations imposed by Ihe Owner of the mobile home p:irk in conneCllon with the Use and occupOIncy of mobile homes localed within the park, . \ , I Possession of said mobile hOl11e shall he delivered to the Purch;aser inulledi;l!ely. Real estale t:lXCS for prior yenrs ha\'e been paid. Ta,xes for the CUrrenl year Imye been pnid nnd shall be proraled hetween Ihe Seller nnd Purclmser lIsing Ihe fiscal year of Ihe laxing aUlhorilies '" Ihe hasis 'lIld Ihe dale of possession liS Ihe prnnuing dalc. PIlOIlr\TION WAIVED [j Y SELLEIl. Upon paYllleat in full of 1I1e lotal purchase price of S6,600,00 by Ihe Purchaser 10 Ihe Seller. the Seller ugrees 10 assign and lransfer the title 10 the mobile home hereinabove mentioned nnd Purchaser shull be responsible for paying nil transfer fees ilnd expenses in connection with such ;:Issignment of title together with 0111 Pcnnsylvllnia sales :lnd use laxes which may he paYtlblc on ilceoum of Ihis sale ;:mtl Imnsfer. I , . 1 I i " ~ III Ihe e\'ent Ihe said Purchaser shall failta make any monthly pll)'menl for a period of thiny (30) days lIf1enhe Sllllle shllll becnllle due IInd p"y"hle hy Ihe lerllls hereof, or if II breach of any of Ihe olher foreguing eoadilions he IIlllde by sllid Purchaser lIad nol cured wilhin Ihirly (30) days from wriuel1 nOlilicntion 10 Ihe Pllrclmser 10 cure such hre::lcl\. then ill snch case this Agrecment sh::all at the oplion of Ihe Sellcr. becoll1c null and \'old ;II)(J said Purclmscr sh;1l1 dccm nil monics then paid as liquidalcd dillllilges which rcprcscllllhe fair renlal valuc of rhc propcrly during thc lime Ihe smnc shall have bcen in Ihe possession of Purchascr. fXHlBIT "A" If d~fllllll shilll he llIilde illlhe flil}'lIIl'lll11f .111)' l1lonthly paY"lL'lIl for a llt'u11tllll lhllly (.\1)1 days allcrlhc Slll11e shall hil\'C bccolllctluc ;1Ilt! payahlc hy the telms Iwn:lIl. m 1,1 iI !llcadl of ;IIIY of the conditions of this Agreement shall hI.' nHldc hy Ihe PlII'c1lil\cr, the 1.'111111.' principal '11111 remaining unpaid shall become due lUal pllyahlc ill ol1ce and lIIay he l'ulh:l'lcd hy suil Ill" olhcrwi"iL'; and the Prothonotary or iln)' n!larne)' of .1Il)' coml of recoIl! of PCIlIl\yl\'lIIl1anr clscwlICll' it.; hereby iluthorilcd !Inti clll/)O\\,crcd 10 llppcm ftU- iIIHIl"llllfl'" JUII~IIIClllal!ailhl Silld 1'lIn:hil'..cr and in (,\Vor nf lhe Seller fm t Ie whole amnII III of .'aid pl'indpOlI \UIII I'l'lIlilIlUI1j! unpaid. IIIj!l'lhl'l' \\'1111 11111.'1'1.''''1, cmh of suit, rclca'l: of 1.'1101", alh1lllcY.... l'tll1lllll"ltlll nlllve I'l'ln'lIl ;11111 \\',lI\lIIl! illCJuisitiol1'i and exemptions. Upon the brench of illl)' of Ihe l'UVCI1i1llh III condition!'! of Ihls Agh.'l'lIIcllt, 01' Upoll ih lermination as nbove sel forth, the Prolhonotilry 01' .IIlY :llIomcyof 1I11)' Coml of I~ccord of Pennsylv.mia, is herehy mllhnrilcd to nppcill' lor .md III cOllfL'S' jlldglllclIl in illl H111h:i1hlc i1L'lion of ejectment against the said Pllrcllilser and in favor of lhe said Scller for thL' plcllliscs 11\:l"l'in t1escribcd, nnd to direct the immediate issuing of a Writ uf Posscssion with Writ of EXeculion for costs, wniving all irregulnrilies, wilhout nOlice mal WilhlJUlll'avc of COlin, and wilh Om: Ilulldrcd Dollars (S I 00.00) added as reasonahle auomey's fce. Acceplnnce by the Seller of nny of thc nfores:lid monthly paymcnts afterlhc salllc shall havc hecomc past due :md in def.lUll, or .my failure 10 cnforce .IIlY of Ihe rights hcrein rcscl'\'cdlo Ihc Seller, or any of the pemllties, d.mmgcs or conditions hcrein contuincd, shall not ill illI}' \\'11)' he considered D waiver of the right to enforce the slime ,lIllny lime Wilhout notice whillsoc'..er, mul any attempt to collect the amount due hy olle proceeding s)wll.l1ot be considered II waiver of Ihe right to institute any of the other proceedings herein providcd, but all of thc rights of thc Scller, and nil pennlties, damages and conditions milY he enforced together or successively :ltlhe oplion of Ihe parly of Ihe !irst pal1. No modilicution of Ihis Agrcemenl shall he binding upon Ihc Seller, unlcss tllC salnc .lillall he in writing and duly approved hy the Seller. j r 'I' . , I ' ., i ') j I I 1 it! [~ , I , .. i" il I.'} I, i'.IC, i-l i) ,) , , I', ',.1 ' , . : I , , :1 I The interest of the Purchascr in Ihis Agreel11cllt shall not be nssigllahle, in whole or in part, without the prior written consent and approval of the Seller, and if such assignment is nttemptcd, all righrs and remedies of the Seller sel forlh herein or which Ihe Seller may olherwise have. shall immediately accrue 10 Ihe Seller. Trimsfer of lille hy Will. survivorship. or hy descenl shall nol he regardc(1 ns an assignment rcquiring thc consent .md lIppro\'1I1 of the Sellcr, This Agreement is to extend to .1I1d be binding UpOII the heirs, succcssors, exccutors, adrninistmlors, nnd assigns of the parties hcreto, IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU ~IAY LOSE YOUR MOBILE HOME, OTHER HOUSEHOLD GOODS AND FURNITURE, AND YOUR MOTOR VEHICLE. IN WITNESS WHEREOF, Ihe parties herelo have executed Ihis Agreemeut. consisting of two (2) puges, the dny .lI1d year first uho\'c writtcn. [~ J \ 1 , i :.1 WITNESS: ,_/i -d- ~i/111 1: Lestcr lonc A.l~.'A r.!(SEAL) /l,tl Il/... ./.~b '~-ill-(SEALI ~tlilrlotlc E Stonc ' , . I 'i , I "7.J, ..., ..,,) '. ,;(. '! '1 1.[ ~\)'il.f .-~ ,. .-r,. 'I'" ,. I: '-'0:- ".:...:;.~l.~). ~\.J...c..~~, :\ ......,.v~... (SEAL) ~ .,........:.--D2((.'I.~_~J~.([tl~~~...;'-=--(SEt\L.) ~i " \ ~'3 _ " , , I I.' .'f {/ "j' I i"~' , .. ,'} _.':h".I, I .' f?- ),; ~1."1.,:~~' J...- Ll.'... ij / L' ~1I:mlln- ";l!' ; . .~. NOTICE OF INTENTION TO FOImCLOSE INSTALLi\1ENT SALES A<;REEMENT Octnhcl' 2, 1997 Tn: Scnll Mlchucl Cnm'cl' und Maric .10 COn\'CI' 13211 I'inc I{nad, Lnt 9 Curllslc, I'A 171113 Thc Installmcnt Salcs Agrccmcnt held by.l, Lcstcr &. Cbarlollc F. Slonc (hcrcinaftcr wc, us or ours) on ynur mobilc homc loclltcd at 13211 Pinc ROlld, Lot 9, ClIrlislc, Pcnnsylvanill. IS IN SERIOUS DEFAULT hccausc you havc not madc thc monthly paymcnts of $500.00 for thc months of Scptcmbcr lInd Octobcr. 1997. You arc 1I1so in dcfllult for fllilurc 10 pay 11Itc chargcs of $47,00: lot rcnt of $1 XO.OO pCI' month for thc months of August Scptcmbcr. and $200,00 for thc monlh of Octohcr. I !)l)7: firc insurancc lInd taxcs in thc lImountof $160.00: lInd stovc rcpairs nf $91.00, Thc total amount now rcquircd to curc this defllult. or in othcr words, gct caught up in your p"ymcnts. as of thc dlltc of this Icllcr is $1.767.00. You ma\' curc this default within THIRTY (311) I>A YS nl' thc datc nl' this IcUcr, h)' payiill! tn us thc aho\'c amnunt of ],767.1111, plus IIIIY additional mnnthly puymcnts und lutc cJllll'gCS which may fall duc dUl'ing this pcl'iod. Such paymcnt must bc mlldc cithcr hy cash. cllshicr's chcck. cCl'lificd check, or moncy ordcr. lInd mlldc to .I. Lcstcr Stonc and Charlollc F. Stonc, 1642 Pinc Road, Carlisle, Pcnnsylvania 17013. If you do not curc thc dcfllult within THIRTY (30) DA YS. wc intcnd to cxcl'cisc Ol1l' right to uccclcrutc thc Installmcnt Sulcs Agrccmcnt pllymcnts. This mCllns thllt whlltcvcr is owing onthc original amount borrowcd will bc considcrcd duc immcdiatcly lInd you mllY losc thc c1mncc to pay olT thc originllllnstllllmcnt SlIlcs Agrccmcnt inmolllhly installmcnts. If full pllymcnt of thc amount of dcfllult is notmadc within THIRTY (30) DA YS. wc also intcnd to instruct OUI' allnt'nc\'s to start a lawsuit to forcclosc \'our Instalhllcnt Salcs Agrccmcnt (lI'OPCI'ty. 'If thc Installmcnt Salcs Agl'ccuicnt is fOl'ccloscd thc propcrty subjcct to thc Instalhllcnt Salcs Agrccmcnt will hc sold hy thc shcl'iff tn pay oIT thc Installmcnt Salcs Agrccmcnt dcbt. If wc refcr your CllSC 10 our lI11orncys. but you curc thc dcfllult bcforc thcy bcginlcglll procccdings lIgllinst you. you will still hllvc to pay thc rCllsonllblc attorney's fecs aClually incurrcd. up to $50.00. Howcvcr. if Icglll procccdings lIrc stllrtcd lIgainst you, you will hllvc to PllY Ihc rCllsonllblc lI11orncy's fccs cvcn if thcy arc ovcr $50.00. Any allorney's fee will bc lIddcd to whlltcvcr youowc us. which may also includc our rCllsonllblc costs, If )'nu curc thc dcflllllt within thc thirt)'-day pcriod, you will not bc rC1luircd to pay allol'nC)"s fccs. We may also sue you personally for Ihe unpaid principal and allothcr SlnBS duc under the Instllllmenl Sales Agrcemenl. If you hllvc not curcd the defaull withinthc thirty-day period and forcclosurc proceedings hllvc begun. you still havc thc I'ight to curc thc dcl'ault and prcvcnt thc salc ut an)' timc up to onc hour hcl'nt.c thc shcl'il'f's I'orcclosurc salc, You muy do so b)' puying thc total amount of thc unpaid mllllthl)' Ila)'mcnts plus an)' latc 01' othcr chargcs thcn duc. as wcll as thc I'casonahlc attorncy's I'ccs and costs conncctcd with thc forcclnsul'c salc and pc 1'1'0 1'111 IIIIY othcr I'cljuircmcnts undcl' thc Installmcnt Salcs Agrccmcnt, It is cstimated thallhe carlicst datc lhat such a shcriff's sllle could bc held would bc lIpproximalely August 30. 1997. A notice of thc datc of thc sheriff's slIlc will bc scnt to you before thc Sllle. Of coursc. thc amount ncedcd to curc thc default will incrcasc the !ongcr you wait. You may find oUI at any timc cXlIctly what thc rcquircd paymcnt will bc by calhng Mr. lInd 1\'lrs. Lesler Stonc atthc following numbcr: 486-571201' by conlacting thc oflicc bclow. This paymcntmust bc in cash, cashicr's check, ccrtificd chcck. 01' moncy ordcr and madc payablc to us at the addrcss Slalcd abovc. C" ,y~'~IT " _ , , J. LESTER STONE, CHARLOTTE F. STONE, : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PlaIntIffs v. NO, 98-380 CIVIL TERM SCOTT MICHAEL COOVER, and MARIE JO COOVER, CIVIL ACTION - LAW Defendants IN ASSUMPSIT AND EJECTMENT NOTICE TO DEFEND You have been sued in court. I f you wish to defcnd against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and tiling 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. Lawyer Referral Serice Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 (717) 249- 3]66 1-800-990-9108 ~ :~ . J. LESTER STONE, CHARLOTTE F. STONE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. SCOTT MICHAEL COOVER, and MARIE JO COOVER, NO. 98-380 CIVIL TERM Defendants CIVIL ACTION - LAW IN ASSUMPSIT AND EJECTMENT DEFENDANTS ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, this 30th day of March, 1998, come the Defendants, Scott Michael Coover and Marie Jo Coover, and make the following Answer to Plaintiffs' Complaint with New Matter and Counterclaim, and in support thereof avers the following: ANSWER I. The avennents containcd in Paragraph One (I) of the Plaintiffs' Complaint are admitted. 2. The avennents contained in Paragraph Two (2) of the Plaintiffs' Complaint are admitted. 3. L j' Despite requests by Defendant for a copy of the certificate oftitlc from the Pennsylvania Department of Motor Vehicles, a copy of which was stated to be attached as Exhibit "Bn of Plaintiffs' Complaint but which was absent from said Complaint, said proof of ownership has not been provided to Defendant. Therefore, Defendants are without knowledge or infonnation sufficient to fonn a be!iefas to the truth of the avennents contained in Paragraph Three (3) of the :J .1 Plaintiffs' Complaint, and thcrcforc thc samc is dccmcd to bc dcnicd and proofthcrcofis dcmandcd at trial. 4. Admitted in part, dcnied in part. It is admittcd that thc Plaintiffs and Dcfcndants cntcrcd into a writtcn Installment Sales Agrccment for thc salc ofthc mobilc homc located at 1328 Pinc Road, Lot 9, Carlisle, Cumbcrland County, Pcnnsylvania, for a contract price of$8,650.00. It is specifically denied, howevcr, that the monthly installment amount agreed upon betwecn the parties was $400.00, without intercst. To thc contrary, the monthly installmcnt amount agre!:d upon between the parties was in the amount of$500.00, without interest. It is further specifically denied that thc parties entered in to the written Installment Sale Agreement on February 4, 1997, and that possession was delivered to the Defendants at that time. To the contrary, the parties entered into the written Installment Sale Agrcement on February 14, 1997, and possession was delivered to the Defendants at that time. It is further specifically denied that Plaintiffs' Exhibit "An accurately rcpresents the written Installment Salc Agreement which was exccuted betwecn the parties. To the contrary, several alterations appear on Exhibit "An to Plaintiffs' Complaint which wcre effectuated after signature by the Defendants. A copy of the Installment Salc Agreement which was si~,'ned by the Defendants is attached hereto as Exhibit "An and incorporated herein by this reference. Any and all remaining averments contained in Paragraph Four (4) of the Plaintiffs' Complaint are specifically denied. 5. '1 I' iI Admitted in part, denied in part. It is specifically denied that the Defendants agreed to pay in monthly installments of$400.00 beginning on February 4,1997 and continuing on the first date of each succeeding month during the tcrm of the Agreement. To the contrary, the Defcndants agrced, under the Installment Sale Agrcement, to pay in monthly installments of $500.00 beginning on February ]4, 1997 and continuing on a monthly basis with each successive paymcnt duc on the fourteenth day of each month. Any and all remaining avermcnts contained in Paragraph Five (5) ofthc Plaintiffs' Complaint are specifically denied. .~ 6. The avennents containcd in Paragraph Six (6) ofthc PlaintifTs' Complaint arc spccifically denied. To the contrary, thc Plaintifi's' knowingly, rccklcssly and materially misrcpresented age and year of manufacturc of the mobile homc located at 1328 Pine Road, Lot 9, Carlisle, Cumberland County, Pennsylvania, thereby nullifying and voiding the Installment Sale Agleement. 7. I' I: , . , 'l III I, i(' !..l , . i ./ I) , r ! I'~ II \ i I ~ Admitted in part, denied in part. It is admitted that pursuant to the tenns of the Installment Sale Agreement, Defendants agreed to pay lot rent for the real estate on which the mobile home was located. It is denied, however, that said Installment Sale Agreement is valid and binding upon the parties based upon Plaintiffs' knowing, reckless and material misrepresentation of the age and year of manufacture of the mobile home located at 1328 Pine Road, Lot 9, Carlisle, Cumberland County, Pennsylvania. 8. Admitted in part and denied in part. It is specifically denied that the Defendants failed to pay lot rent of $180.00 per month for the month of August, 1997. It is admitted that the Defendants have not paid lot for the months of September, October and November, 1997. However, it is specifically denied that Defendants breached the Installment Sale Agreement because of their failure to pay said lot rent, as Plaintiffs' previously breached, nullified and voided said Installment Sale Agreement by their knowing, reckless and material misrepresentation of the actual age and year of manufacture of the mobile home. Any and all remaining avennents contained in Paragraph Eight (8) of the Plaintiffs' Complaint are specifically denied. t I \ l I ,I , ~ , I ',-.. , , , , , , : 'I " 9. Admitted in part, denied in part. It is admitted that pursuant to the tenns of the Installment Sale Agreement, Defendants agreed to pay fire insurance and tuxes on said mobile ,- I .-.... home. It is denied, however, tllUt said Il1stullment Sule Agreement is vulid and binding upon the purties based upon Plaintiffs' knowing. reckless and mnterialmisrepresentation of the age and year of manufacture of the mobile home located at 1328 Pine Road. Lot 9, Carlisle, Cumberland County. Pennsylvania, I 10. It is specifically denied that the Defendants breached the terms of the Installment Sale Agreement by failing to pay fire insurance and taxes due. To the contrary. Plaintiffs' previously breached, nullified and voided said Installment Sale Agreement by their knowing, reckless and material misrepresentation of the actual age and year of manufacture of the mobile home. By way of further explanation. at no time did Plaintiffs' present to Defendants an invoice of statement from an insurer or hill collector. Defendants are without knowledge or information sufficient to form a belief us to the truth of the amount of fire insurance and taxes which Plaintiffs aver were due Paragraph Ten (10) of the Plaintiffs' Complaint, and therefore the same is deemed to be denied and proof thereof is demanded at trial. II. Admitted in part. denied in part. It is specifically denied that the Defendants agreed to be responsible for all repairs and maintenance of the mobile home on and after February 4, 1997. It is admitted that the Defendants agreed to be responsible for all repairs and maintenance of the mobile home on and after February 14. 1997. ]2. ) : I I' I r' j: It is specifically denied that Defendants breached the terms of the Installment Sale Agreement by failing to pay for repairs to the stove in the amount of $91.00 and informing the person performing the repairs that the Plaintiffs were responsible for the payment for said repairs. To the contrary, the parties agreed, prior to entering into the Installment Sale Agreement, that .~ ". Plaintiffs would be responsible for effectuating all repairs necessary to place the cooking stove in working condition. By way of further explanation, it was discovered that it would be more economical to replace the stove, rather than repair the stove. The parties agreed to evenly share the costs of the purchase ofa new stove, which purchase price was in fact shared. However,the east of installation was not agreed to be shared, and was the responsibility of the Plaintiffs pUISuantto the parties prior agreement. 13. Admitted in part, denied in part. It is admitted that the Defendants agreed to pay reasonable attorney's fees of$IOO.OO in the Installment Sale Agreement. It is denied, however, that said Installment Sale Agreement is valid and binding upon the parties based upon Plaintiffs' knowing, reckless and material misrepresentation of the age and year of manufacture of the mobile home located at 1328 Pine Road, Lot 9, Carlisle, Cumberland County, Pennsylvania. 14. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph Fourteen (14) of the Plaintiffs' Complaint, and therefore the same is deemed to be denied and proof thereof is demanded at trial. IS. The averments contained in Paragraph Fifteen (IS) of the Plaintiffs' Complaint are admitted. 16. The averments contained in Paragraph Sixteen (16) of the Plaintiffs' Complaint are specifically denied. 17, Parngrnphs Om' (I) through Seventeen (17) of Defcndmlls' Answer arc incorporated herein as a response to Paragraphs One (I) through (17) of Plaintiffs' Complaint. 18. After reasonable investigation, Defendants are without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennents contained in Paragraph Eighteen (18) of the Plaintiffs' Complaint, and therefore the same is deemed to be denied and proof thereof is demanded at trial. By way of further explanation, Exhibit "B" of Plaintiffs , Complaint failed to contain a copy ofa certificate of title from the Pennsylvania Department of Motor Vehicles as averred in Paragraph Eighteen (18) of Plaintiffs , Complaint. ]9. 'II , I Admitted in part, denied in part. It is admitted that Plaintiffs delivered possession and Defendants took possession of the mobile home in question. It is specifically denied, however that such transfer of possession was effectuated on February 4, 1997. To the contrary, Defendants took possession of the mobile home in question on February 14, ]997. Any and all remaining avennents contained in Paragraph Nineteen (19) of the Plaintiffs' Complaint are specifically denied. I t ;/ t t 1\ II ~ ,11 "1. r [,,',. "I I 20. The avennents contained in Paragraph Sixteen (]6) of the Plaintiffs' Complaint are specifically denied. To the contrary, Plaintiffs' previously breached, nullified and voided said Installment Sale Agreement by their knowing, reckless and material misrepresentation of the actual age and year of manufacture of the mobile home. il: '.'J 'i;r..;, I '. ~ 21. The avennents contained in Puragrnph Twenty-One (21) of the Plaintiffs' Complaint ure admitted. 22. Admitted in part, denied in part. It is admitted that the Defendants have not relinquished possession of the mobile home in question to the Plaintiffs. It is specifically denied, however, that any further payments ure due pursuant to the Installmcnt Sale Agreement, dated February 14, 1997, based upon thc Plaintiffs' knowing, rcckless and material misrcpresentation ofthc actual age and yeur of manufacture of the mobile home prior to the parties entcring in to thc Installment Sale Agreemcnt, thcreby nullifYing and voiding thc tcnns of said Agrcemcnt. NEW MATTER j , , 23. Prior to the parties executing the Installment Sale Agreement, dated February 14, 1997, Plaintiffs and Defendants visited the subject mobile home for inspection and review by the Defendants. At that time, Plaintiff J. Lester Stone represented directly to Defendant Scott M. Coover that the mobile home in question was manufactured in the model yeur 1984. 24. :~., ,I ;' r . 1 1 l I, ' At the time during which Plaintiffs and Defendants met to inspect and review the subject mobile home prior to execution ofthc Installmcnt Sale Agreemcnt, Plaintiff J. Lester Stone representcd to Dcfcndant Scott M. Coover that the model ycur was accuratc, and in support thcreof statcd that the infonnation had bcen verificd earlier that day. , , , , " I . .~ ,I 25. Subscqucnt to cntcring into thc Installmcnt Salc Agrccmcnt, thc Dcfcndants suspcctcd and latcr con finned that the mobilc homc was not manufactured in 1984 as Plaintiff J. Lcstcr Stone representcd, but rather was manufactured in 1969. 26. At aU times relevant hercto, Plaintiffs failed to providc any documcntation to Defcndants which would demonstrate the year of manufacture of the mobile. Only after litigation began, and upon the request of the Defendants' attorney, did Plaintiffs producc a photostatic copy of the real estate tax notice showing the date of manufacture. 27. Upon inspection by the Defendants, the subject mobile home rcvealed no identifying markings or inscriptions which would identify the year of manufacture. 28. Relying on the fraudulent information supplied by the Plaintiffs, and particularly Plaintiff J. Lester Stone's representation that the subject mobile home was produced in the model year 1984, Defendants agreed to purchase said mobile home and later executed an InstaUment Sale Agreement with the Plaintiffs,a copy of which is attached hereto as Exhibit "A." 29. I I I~ I Subsequent to the parties entering into the InstaUment Sale Agreement, the Defendants expended considerable time, energy and financial resources into restoration and renovation of the subject mobile home, spending in excess of Two Thousand Five Hundred and 00/100 ($2,500.00) DoUars on such restoration and renovation. " COUNTERCLAIM COUNT 1- FRAUDULENT MISREPRESENTATION 30. Paragraphs one (I) through twenty-nine (29) are hereby incorporated by this reference. 31. Plaintiffs materially misrepresented to the Defendants the actual age and year of manufacture of the subject mobile home, stating that the subject mobile home was manufactured in 1984, rather than its actual year of manufacture in 1969. 32. Plaintiff J. Lester Stone, in his conversation with the Defendants, orally stated to the Defendants that the subject mobile home was manufactured in 1984. 33. Plaintiffs intended to induce the Defendants to purchase the subject mobile home based upon the fraudulent misrepresentation of the age and year of manufacture of said mobile home. 34. Defendants justifiably relied on the Plaintiffs' representation of the age and year of manufacture of the subject mobile, and thereafter entered into an Installment Sale Agreement for the purchase of the mobile home for a contract price of Eight Thousand Six Hundred Fifty and 00/100 ($8,650.00) Dollars. 35. Defendants have suffered damage and injury as a result of Plaintiffs' fraudulent misrepresentation of the age and year of manufacture of the subject mobile home by purchasing a mobile home manufactured in 1969 based upon the belief and reliance upon Plaintiffs' representations that said mobile home was actually fifteen (15) years newer than its actual age. \ WHEREFORE, Defendunts respeetflllly request thutthis Honoruble Court dismiss Pluintitls' Compluint with prejudice und enter judgment in its lavor und agllinst Pluintills, in the umount of $8,650.00, together with interest, punitive damages, court costs und such other rclicflls this Court dccms fair, just und proper. COUNT 11- ~EGLlGENT MISREPRESENTATION 36. Paragraphs onc (I) through thirty-five (35) are hereby incorporated by this reference. 37. Plaintiffs matcrially misrepresented to the Defendunts the actual age and year of munufacture of the subject mobile home, stating that the subject mobile home was munufactured in 1984, rather than its actual year of manufacture in 1969. 38. Plaintiff J. Lester Stone, in his conversation with the Defendants, orally stated to the Defendants that the subject mobile home was manufactured in 1984. 39. Plaintiffs knew or should have known that the actual age of the subject mobile home was in fact fifteen (15) years greater than the age represented to the Defendants, as the mobile home was actually manufactured in 1969 rather than 1984. 40. Plaintiffs intended to induce the Defendants to purchase the subject mobile home based upon the fraudulent misrepresentation of the age and year of manufacture of said mobile home. .. 41. Defcndlillts justifiably relied on the Plaintills' representation of the age and year of manufacture of the subject mobile, and therealler entered into an Installment Sale Agreement for the purchase of the mobile home for a contract price of Eight Thousand Six Hundred Filly and 00/100 ($8,650.00) Dollars. 42. Defendants have suffered damage Iilld injury as a result of Plaintiffs' fraudulent misrepresentation of the age Iilld year ofmlillufacture of the subject mobile home by purchasing a mobile home mlillufactured in 1969 based upon the belieflilld relilillce upon Plaintiffs' representations that said mobile home was actually fifteen (15) years newer thlill its actual age. WHEREFORE, Defendlillts respectfully request that this Honorable Court dismiss Plaintiffs' Complaint with prejudice Iilld enter judgment in its favor Iilld against Plaintiffs, in the amount of $8,650.00, together with interest, court costs Iilld such other relief as this Court deems fair, just and proper. COUNT III - UNJUST ENRICHMENT 43. Paragraphs one (I) through forty-two (42) are hereby incorporated by this reference. 44. Defendlillts have conferred a benefit upon the Plaintiffs in excess of Two Thousand Five Hundred and 00/100 ($2,500.00) Dollars in the form of restoration and renovation efforts on the subject mobile home. 45. Defendunts' eonferencc llfbenelit in the limn ofreSlorntionund renllvulilln to the mobile home was in the belicf und reliancc thutthc Defendunts hud cntered into on Installment Sule Agreemcnt lor the purchasc of 0 1984 mobilc homc. 46. Defendants huve conferred the benefit of such restorntion and rcnovution efforts upon thc Plaintiffs, as Plaintiffs arc the belicved current legal title-holders to thc subjcct mobilc home. 47. Plaintiffs have been unjustly enriched by receiving the bull bencfit of the restoration and renovation efforts of the Defcndants without the benefit of receiving adequatc compensation for said restoration and renovation efforts. WHEREFORE, Defendants respectfully request that this Honorable Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its favor and against Plaintiffs, in the amount of $2,500.00, together with interest, court costs and such other relief as this Court deems fair, just and proper. Respectfully submitted, IRWIN, McKNIGHT & HUGHES B~A ~Q/ Dan~. DeArment, ESqUire Supreme Court I.D. No. 77946 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for the Plaintiff, Scott M. Coover and Marie Jo Coover Date: March ~, ] 998 ., I It I I i I r, CERTIFICA TE OF SERVICE [, Danicl W. DcAnncnt, Esquirc, hereby certify that on this datc 11 true IInd eorrcct copy ofthc Complllint was scrvcd by first-class, ccrtificd United State Mail, postage prepaid in Carlisle, Pennsylvania [7013, upon the fol/owing: Robcrt G. Frcy, Esquire Frey & Tiley 5 South Hanovcr Strcet Carlisle, Pcnnsylvania 17013 IRWIN, McKNIGHT & HUGHES Ck.. ----, By: aniel. DeArment, Esquire Supreme Court 1.0. No. 77946 60 West Pomfret Strect Carlisle, P A 17013 (7] 7) 249-2353 Attorney for the Plaintiffs, Scott M. Coover and Marie Jo Coover Date: March .';'0, [998 1" II ': . I .J. Lester Stone, Chllrlotte 11. Stone Plaintiff IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY. PENNSYLVANIA VS. CIVIL ACI'ION - LAW NO. 7'6- ?~O CIVIL TERM IN ASSUMPSIT AND EJECTMENT Scott Mlchllel Coover Ilnd Mllrle .10 Coover, Defendants REPLY TO NEW MATTER AND COUNTER CLAIM AND NOW, come J. Lester Stone and Charlotte F. Slone, husband and wife, Plaintiffs, by and through Frey & Tiley Attorneys at Law and respectfully state as follows: 23. Admitted in part; Denied in part. Plaintiffs admit that the Defendants were given an opportunity to inspect the mobile home. Plaintiffs specifically deny that any discussion occurred at anytime concerning the year of manufacture of the mobile home. Plaintiffs specifically deny ever stating that the mobile home was manufactured in the model year 1984. 24. Denied. Plaintiffs specifically deny that any discussion occurred at anytime concerning the year of manufacture of the mobile home. 25. Denied. After reasonable investigation. Plaintiffs are unable to determine the accuracy of the allegations, and they are denied as they are within the exclusive knowledge and control of the Defendants. Strict proof at trial is demanded. 26. Admitted in part; Denied in part. Plaintiffs admit that no documentation had been given to Defendants concerning the year of manufacture of the mobile home until in response to the request of Defendant's attorney. However, Plaintiffs would have provided the documentation at an earlier date had they been asked. In fact, Defendants never requested any information prior to Plaintiffs' attempt to collect delinquent payments from them through legal action. The statement that Plaintiffs "failed to provide" the documentation is, therefore, denied. 27. Denied. After reasonable investigation, Plaintiffs are unable to determine the accuracy of the allegations, and they are denied as they are within the exclusive knowledge and control of the Defendants. Strict proof at trial is demanded. 28. Admitted in part; denied in part. It is admitted that Defendants agreed to purchase the mobile home as set forth in Exhibit "A" to Plaintiffs' Complaint. It is denied that Defendants' decision to purchase was in any way based on representations made by Plaintiffs. In fact, Defcndants wcre givcnalllplc opportunity to fully inspcctthc mohilc homc, rcqucstllllY documcntation,lUld makc an indcpcndcnt cvaluation of thc dcsiruhility of thc trunsaction. It is furthcr dcnicd that any information providcd hy Plaintiffs was inaccuratc or fraudulcnt. 29. Dcnicd. Aftcr rcasonahlc invcstigation, Plaintiffs arc unahlc to dctcrminc thc accurucy of thc allcgations, and thcy arc dcnicd as thcy arc withinthc cxclusivc knowlcdgc and control of thc Dcfendants. Strict proof at trial is demanded. 30. No response is required. 31. Denied. As stated above, Plaintiffs deny any misrepresentation. material or otherwisc. as to the age or date of manufacture of the mobile home. Plaintiffs spccifically deny that any discussion occurred at anytime concerning the year of manufacture of the mobile home. Plaintiffs specifically deny ever stating that the mobile home was manufactured in the model year 1984. 32. Denied. Plaintiffs deny any statement indicating that the mobile home was manufactured in 1984. Plaintiffs spccifically deny that any discussion occurred at anytime concerning the year of manufacture of the mobile home. 33. Denied. As stated above, Plaintiffs deny any misrepresentation and deny any fraudulent misrepresentation. Plaintiffs deny any attempt to induee Defendants to purchase the mobile home through any means other than providing Defendants with an opportunity to inspect the mobile home and make their own decision on the desirability of purchase. 34. Admitted in part; Denied in part. As stated above, Plaintiffs deny any rnisrepresentation and deny any fraudulent misrepresentation as to the age and year of manufacture of the mobile home. Plaintiffs deny tha~ any reliance would have been justified as Defendants could have requested and Plaintiffs could have supplied the requested documentation. Defendants never made a request. It is admitted that Defendants entered into the transaction for the purchase of the mobile home. ! , I i I i , 1 I i I. 35. Denied. As stated above. Plaintiffs deny any misrepresentation and deny any fraudulent misrepresentation a~ to the age and year of manufacture of the mobile home. Furthermore. Plaintiffs deny that Defendants suffered any damages from their alleged reliance. Defendants have failed to allege any damage to Defendants based on the difference between the mobile home purchased and the one that Defendants allege they believed they had purchased. WHEREFORE, Plaintiffs respectfully request judgmcnl in favor of Plaintiffs and against Defendants on the Counter Claim of Defendants. '. '! I., ", .. 36. No response is required. 37. Denied. Plaintiffs deny any stutement indicating that the mobile home was manufactured in 1984. Plaintiffs specilically deny thut any discussion occurred at anytimc concerning the year of manufacture of the mobile home. 38. Denied. Plaintiffs deny any stutement indicating that the mobile home was manufactured in 1984. Plaintiffs specifically deny that any discussion occurred at anytime conceming the year of manufacture of the mobile home. 39 Admitted in part; Denied in part. It is admitted that Plaintiffs knew the age of the mobile home, or had documentation available to confirnlthe age of the mobile home. It is denied that any age was lepresented to Defendants and it is further denied that an inaccurate age was represented to Defendants. 40. Denied. As stated above, Plaintiffs deny any misrepresentation and deny any fraudulent misrepresentation. Plaintiffs deny any attempt to induce Defendants to purchase the mobile home through any means other than providing Defendants with an opportunity to inspect the mobile home and make their own decision on the desirability of purchase. 41. Admitted in part; Denied in part. As stated above, Plaintiffs deny any misrepresentation and deny any fraudulent misrepresentation as to the age and year of manufacture of the mobile home. Plaintiffs deny that any reliance would have been justified as Defendants could have lequested and Plaintiffs could have supplied the requested documentation. Defendants never made a request. It is admitted that Defendants entered into the transaction for the purchase of the mobile home. 42. Denied. As stated above, Plaintiffs deny any misrepresentation and deny any fraudulent misrepresentation as to the age and year of manufacture of the mobile home. Furthermore, Plaintiffs deny that Defendants suffered any damages from their alleged reliance. Defendants have failed to allege any damage to Defendants based on the difference between the mobile home purchased and the one that Defendants allege they believed they had purchased. WHEREFORE, Plaintiffs respectfully request judgment in favor of Plaintiffs and against Defendants on the Counter Claim of Defendants. 43. No response is required. 44. Denied. After reasonable investigation, Plaintiffs are unable to deternline the accuracy of the allegations concerning the costs or value of any alleged repairs or renovations, and they arc \ ) :,1 ~I , . I , ~ . " I , r- .. .' llcniclllls thcy IIrc withinthc cxclusivc knowlcdgc and control of thc Dcfcl1llants. Strict proof at trial is llcmandcll. By way of furthcr IInswcr. Dcfcndants IIgrccd as part of thc Installmcnt Salcs Agrecmcnt to IIssumc full rcsponsihility for costs of rcpair liS a pal1 of thc consillcnltion for thcir occupllncy anll purchasc of thc mohilc homc. Thcrcforc. no bcncfit for which thcrc was not contructual compcnsation was givcn by Dcfcnllants to Plaintiffs, 46. Admittcll in part: Dcnicd in parI. It is admittcd that Plaintin:~ own Icgal titlc of thc mobilc homc. It is dcnicd that they were thc recipients of any bcncfit liS Dcfcndants havc had occupancy IInd the benefit of the use of thc mobile home as well as equitable title liS contJ'llcted for betwecn the parties. 47. Dcnied. [t is denied that any unjust enriehment occurred. Defendants agreed as part of the [nstallment Sales Agreement to assume full responsibility for costs of repair as a part of the consideration for their occupancy and purchase of the mobile home. Therefore. no benefit for which there was not contractual compensation was given by Defendants to Plaintiffs. Defendants received adequate and full compensation for the repairs in thc form of equitable ownership and the sole and complete occupancy of the mobile home as agreed upon between the parties. WHEREFORE, Plaintiffs respectfully request judgment in favor of Plaintiffs and against Defendants on the Counter Claim of Defendants. Respectfully submitted. Frey & Tiley. Attorneys for Defendant . 'I , By: ',I Ro ert G. Frey. Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle. Pennsylvania 17013 (717) 243-5838 ( I , ~ I We verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. * 4904 relating to unsworn falsificlllion to authorities. 11/1 ~7 2 ~- I '/ '/ :5 Dated: . . . , -;[~ i4;~ 1:KLester Stone , ' , '. " (i /la;J!;.ttr- ~ ~'- C'iJarlotte F. Stone ~ ,I. LESTER STONE, CHARLOTTE F. STONE Plnlntlffs : IN THE COURT OJI COMMON I'LEAS OF : CUMIJERLANI) COUNTY, I'ENNSYLV ANIA vs. : CIVIL ACTION -LAW SCOTT MICHAEL COOVER MARIE JO COOVER, Defendnnts :NO. 98-0380 CIVIL TERM :IN ASSUMPSIT AND EJECTMENT PRAECIPE TO: CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the Defendants, Scott Michael Coover and Marie Jo Coover. Respectfully Submitted. IRWIN, McKNIGHT & HUGHES Mareh~,1998 ~~~~ 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717)249-2353 Attorney for the Defendants Scott Michael Coover, and Marie Jo Coover I.D. #77946 .. -...... \ ~. c: \f: (") r~; -:':"J .'11 "t ; '. ---f ", '-j' " ~-~ :;~ ; ~I" i! ' r...: I .--;rn .' ",j .",0 .' '':> ..~ :1 .;JL1 '):-b .. -0 ,'? (jrn ... ::.:1 --! :.) ~j cr_ ......,; , Rominger Legul Services Pust Office lIux 114H CUI'lisle, I'" 17UIJ-('14H Weh PUJ.lC t'r~lItiulI Intcrllet ('nIlSllllill~ I'nX:C!i~ SCJ\'icc hU'l;!.''''\\' ,Mlllnw.'fI~".jJI\.,1t1l I'hllll" (717)-2.III.sl.1.1 h" (717).2.I'J.S.1H'J Aftidavit of Service I. Karl Rominger, did personally servc a summons and complaint cntitled Assumpsit and Ejectment, in the malleI' of J. Lester Slom: and Charlolle F. Stone v. Scoll Michael Coovcr and Marie Jo Coover. Cumberland County COllrt of Common Pleas, Civil Action - Law No: 98-380, upon Marie Jo Coover, at 4:22 P.M. on January 28, 1998, at her residence, Lot 9, 1328 Pine Road, Carlisle. Pennsylvania. 1 delivercd said summons and complaint to Marie Jo Coover by handing it to her personally, aileI' shc identiJied herself to me. Marie Jo Coovcr, being a short woman o I' medium build, with dark hair. ) { 1',. .." I i , I ~ J ~ , :~ T' I, i '!. ~j . 'I , Notorlal Sool AMc~ M VQflt, ""'lImy Public CartlslQ 8ofOlltlh. Cufnl....'r!und t:ounry M.y CommIS!Jl'l.'1 ';"'''~'(I~- t.Jr-..j....'.J)6f'. 1~9!': www.romingcrlcgnl.com WIIESE LEO,II. RESE,\IICII BJ'U1SS ON TilE WEll I"~"~ .!, ,". . Rominger Legal Services I'ost Office lIox 1101/1 Cnrlisle,Pr\ 17UI3-('loI/I Weh 1'1I~~ erentinn Inlcmd Cunsulting IJ[llCCSS Scnicc hllr:I\\\m.HwlIingt,.'flr..1iiII...'11ll Phillie (717)-2.III.KI.I.l I'll' (717).2.1'}.K.lK~ Affidavit of Service I. Karl Rominger, did personally serve 1I summons and complaint entitled Assumpsit and Ejectment, in the matter of 1. Lester Stone and Charlotte F. Stone v. Scott Michael Coover and Marie Jo Coover. Cumberland County Court of Common Pleas, Civil Action - Law No: 98-380, upon Scott Michael Coover, at 4:22 P.M. on January 28, 1998, at his residence. Lot 9, 1328 Pine Road, Carlisle, Pennsylvania. I delivered said summons and complaint to Scott Michael Coover by handing it to his wife Marie Jo Coover, after she identified herself to me. Marie Jo Coover. being a short woman of medium build. with dark hair. ~?~- . \ , , thi Natarll'd 5MI AIlcM ft'.. PQfit.l'ololary Pubk CorUslR ~H'lI.~j.i. r:UI"'1b1rtund County My Commls:,Jr,r.. '" :.~.(,. t-~.,"','mb1o,'. ll}qe ~ , [ www.romingcrlcgal.com WIIEIlE LEO.I/. RESE.IIlCII BWISS Os TilE WEll \ " .\...~ . c.' ,n 0 ~~ ',1 ~;-; ~;-:': .-. 1,j .:: :l! .., ".~;, r.. ;, ,'.- :"...') ",C"J G' . , . ;<?: : 1.-1' ;(~) " ";;"1 "-' : , '.;' . . -.... :) ? ';,.;.:.1 \.:J ""'- / GIi !/~I"I &/('C" fG., rl-l @ It:? ~ Lif==: I~, 7' e; 8' .5A~~fJ tJA,'ft g,'re~ ft.l1e;:~ @ II. 9 9~.4 -:=. c;S:?;L., M I ~ /J,'nJ. 6,,/f;'1 j;,~ @ ~. 7~flf ~ 53. f's-- . r' ..J:;,>"rh (t)"';/ e, 1;, rN1 GJ ~ 1/,:; E A- :::? I 7. 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L..::.:::.::.:.:..____ I l<eceiueJ 0/ /'I"'~ 19J..7. t10{/</>.-- fU 'JJO//(llpJ '00 $-..L$O idyl- Fit 1-1-r' Jt",W _.':'.::::..:c:..:..'111.!!~~ "Ii ,.". .tc-<A. ..------------- ~"..~ .=:1/ 192..2... I<eceiued 0/ .Jc..-tr. (ljj'd...... .I!..',d ,tt" ,jA.oIJI -fW- 'JJ0//(l/J,J I JOU ~,' . P. ,f I' 'I ~ , I" Ii I" . "~ 'J i q ,.i 'i .'/ , , .. ENTERED INTO, this 14 dayof ~r::1..6. ,199;;> RETWEEN .T. LESTER STONE and CHARLOTTE F, STONE, hushand and wife, ",1M2 Pine Road, Carlisle, Pennsylvania 17013, hercinafter whether singular or pluml called "SELLER", AND ~T ? /3<9$ tf341~d of Peipcr Court (m6fii,;g address: e~..eourt, Carlislc, Pcnnsylvania 17013), hercinaflcr whcther singular or plural called "PURCIIASER", WITNESSETH: That the said SelicI', in considcmtion of thc terms allll conditions hcrcinaftermentioncd and contained, agrecs to scll and transfer unto the said Purehnser, their heirs and assigns, a certain mobile home together with the eonlents thereof presently located in West Pennshoro Township, Cumberland County, Pcnnsylvania, on Lot No. Pciper Court, thc said mohile home being " ManufaelUrer's Nn.: THE MOnILE HOME is being sold on a "where is" and "as is" basis wilhout any warranty as to its mobility or condition. IN CONSIDERATION WHEREOF, the said Purchnser ngrees to pny to the said Seller therefor the sum of Eight Thousand Six Hundred rifty nnd nollOO --- ($8,650.00) on Dollars, ns follows: (I) $~tf.tt>'lri> Dollnrs upon the execution of this Agreement of Snle, the reccipt whereof is hereby acknowledged by the Seller, nnd (2) The balnnce of $ Dollnrs in monthly instnllments of Five Hundred ($500.00) Dollars each until a total of Eight Thousnnd Six Hundred Fifty and nollOO on ($8,650.00) on Dollars has been Eaid, caeh installment of $500.00 to be paid on or before the day of each month, beginning Fa, ,/'/ ,1997, nnd thereafter on or before the like dny of each succeeding month until said tolal sum of $8,650.00 has been paid. , In addition to the said total considcration of $8,650.00, thc Purchaser agrccs to pay alltaxcs, municipal assessments, utility charges, make all necessary repairs to the prernises, and to keep in force not less than Five Thousand and nollOO --- ($5,000.00) on Dollars of Fire Insurance with extended coverage and public liability and property damage insurance, issued by a reliable insurance company approved by the Seller. in which policy or policies the Seller and Purchaser shall be named as thc insureds and with loss payable to the parties hereto as their intercsts may appear. ^ copy of said policy or policies shall be sent to thc Seller. The Purchaser shall pay the required monthly rent for the space occupicd by the mobilc homc directly to the Owner, currently at the rate of $19'.00 per month, at the residence of the Owncr at Peiper Court or at such other place as the Owner may direct, and the Purchascr agrccs to cnter into a rental contract for the spacc occupicd by thc mobilc homc with the Owncr. Purchaser agrccs to comply wilh all of the rules and rcgulations imposcd by thc Owncr of thc mobilc home park in conncction with the usc and occupancy of mobile homes locatcd within the park. Possession of said mobile homc shall be dclivcrcd 10 thc Purchaser immcdialely. Real estate taxes for prior years have been paid. Taxes for the current year have heen paid and shall be prorated between the Seller and Purchaser using thc fiscnl year of the tnxing authorities as the hasis and the date of possession as Ihe prorating date. PRORATION WAIVED BY SELLER. Upon payment in full of the tolal purchase pricc of $6,600.00 hy thc Purchaser to thc Scllcr, the Seller agrees 10 assign and transfcr the title to thc mohilc homc hcrcinahovc Illcntioacd and Purchaser shnll he responsiblc for paying alllransfcr fees and expenscs in connection with such assignment of titlc together with allPcnnsylvania sales aJl(luse \axes which Illay he payahle on account of this sale and trnnsfcr. In thc evcntthc said Purchascr shall fail to makc any monthly payment for a pcriod of thiny (30) days after the same shall becomc duc and payahlc by thc Icrms hcrcof, or i I' a breach of any of the otbcr foregoing conditions be made by said Purchaser and not cured within Ihirty (30) days from written notification to the Purchascr to clII'e such breach, Ihen in such case this Agrccmcnt shall atlhe option of Ihe Seller, hccome null and void ;U1(1 said Purchaser shall dcem alimonies then paid as liCJuidalcd damages which represent thc fair rcntal valuc of Ihc properly during Ihc '1)/ 1IIIIe Ihe snllle shnll haw heen In the pussessiunuf I'urchnscr, If dcrnult shnll hc nlllde in the paYlncnt uf nny lIIunthly IHIYlncnt fur :' pe~'i.ud uf thilty,<3U) days aner the sallie shall have heCUllle due allll payahle hy the tellllS hl're"I, or 1.1 a hl~ae.h ul nny uf the cunditiulls uf this Agreelllellt shall be nlllde by the I'urchaser, the enllre pl'lnclpal SUIII relllainlng unllllid shall becullle due lInd pl~yahle lit ullce .lIIulIlIUY be cullected by. suit ur otherwis~; ulIllthe I'wtlollutary Ill' lIny ullumey ul ullY cuurt ul recurd uf I'ennsylvallla ur elsewhere IS hereby uuthorized und ellll'UWCICd tu uppcar fur lInd cunfess judglllent ugaillst said I'urehaser lInd in favur uf the Scller 1'01' t Ie whule IIInuuntof said principal sUlllrelllaining ullpaid, tugether with interest, eusts of suit, release of erwrs, allul'l1ey's cUllllllissiun of five percentllllll wllivlng in\luisitiuns lInd exelllPtions. Upun the brcach uf any uf the covenunts ur cunditiuns uf this Agreelllent, ur upun its terlllination liS lIbuve set forth, the Pl'Othonotury or lIny lI11ol'l1ey of any Cuurt of Recurd of Pennsylvllnia, is hereby authorized to appeal' for and to confessjudglllent in anllmicable lIction of ejectlllentllguinst the said Purchaser and in favor of the sllid Seller fur the prelllises herein described, and to direct the illllllediate issuing uf a Wril of Possession with Writ of E.xeculion fur costs, waiving all irregularities, withuut nut ice and withuut leave uf Court, and with One Ilundred Dullar;; ($IOU.GO) auueuas rellsullllblr.: allurur.:y's fcc. Acceptance by the Seller of any of the aforesaid monthly pUYlllents aner the sallie shall have bccollle pust due and ill defuult, ur allY failure tu enfurcc uny of Ihe righls hcreiu rescrved to the Seller, ur any uf thc penaltics, dUllluges ur conditions herein contained, shall not in uny way be considcred a waiver of Ihe righllo enforce Ihe sallie al any time withouI nOliee whatsoever, and any allempllo collectlhe umounl due hy one proceeding shallnol be considered u waiver of the righllu inslilute any uf the other proceedings herein provided, bUlall of the righls of Ihe Seller, and all penullies. danmges und conditions may be enforced tugcthcr or succcssively ulthe option of the purly of the firsl purl. No modificatiun uf this Agreclllenl shall be binding upon the Seller, unless Ihe same shull be in writing nnd duly uPPl'Oved by the Sellel: The inlerest of the Purehuser in Ihis Agreemenl shallnol be assignable, in whole or in part, withoulthe prior wrillen consent and approval of Ihe Seller, and if such assignmenl is allempted, all rights and remedies of Ihe Seller sel forth herein 01 which the Seller may othel'wisc huvc, shall innllediately accrue to Ihe Seller. Transfer of title by Will, survivorship, or by descenl shallnol be regarded as an assignlllent requiring the cunsent and approval of the Seller. ' This Agreemenl is 10 extend 10 and be binding upon Ihe heirs, successors, executurs, adminislralors, and assigns of Ihe parties hereto. IF YOU DO NOT MEET YOlln CONTnAf:T OBLIGATIONS, YOU MAY LOSE YOUn l\-IOIHLE HOME, OTHER HOUSEHOLD GOODS AND l1URNlTUnE, AND YOUR MOTon VEHICLE. IN WITNESS WHEnEOIl, Ihe pmlics hereto have exeeuled this Agrecment, consisting of two (2) pages, the day and yenr first above wrillen. WITNES)l: . ~ d "-::1.4 / ->-:'~/)~/ 4nr--- O-f/lu. j" ~, In ~ ~{)W /) (SEAL) ~#-'(I'~ dA,. hurJolle E Slone (SEAL) (SEAL) (SEAL) , V \{;VlA...-L__ S'C'-ci T ~"----. 'l.-D~ '1 1.3 ~'8' {f,0\L R.d. 1/ ENTERED INTO, this ~ dayo~ J;>f!...b ,19~8ETWEEN J. LESTER STONE and CHARLOTTE F. STONE, husband lInd wife, of 1642 Pine Road, Carlisle, Pennsylvania 17013, hereinafter whether singular or plurnl called "SELLER", ANDol1>'v 9 /3cge Qlk>U-rcd (!~ of P8illn. Gllurt (lllailing addrcss. "eipn Cllurl, Carlisle, Pennsylvania 17013), hcrcinaftcr whether singular or plurnl callcd "PURCHASER". WITNESSETH: That the said SelicI', in considcration of thc tcrms and conditions hereinafter mentioned and contained, agrees to sell and transfer unto the said Purchaser, their heirs and assigns, a certain mobile home together with the contents thereof pre' :ntly located in West Pennsboro Township, Cumberland County, Pcnnsylvania. on Lot No. 9' . .. the said mobile home being Manufacturer's No.: THE MOBILE HOME is being sol:1 on a "where is" and "as is" basis without any warranty as to its mobility or condition. IN CONSIDERATION WHEREOF, the said Purchaser aglees to pay to Ihe said Seller therefor the sum of (5 jliO~llillnd bSLHundred and no/IOO --- ($~~;^J'--- Dollars. as follows: (I) $ Dollars upon the execution of this Agreement of Sale, the receipt whereof is hereby acknowledged by the Seller, and (2) The balance of $ Dollars in monthly installments of Four Hundred ($400.00) Dollars each until a total of.:. Thousand Six Hundred and no/I 00 --- ($., ..00.00) ___ Dollars has' been paid, each installment of $400.00 to be paid on or before the day of each month, beginning , 1996, and thereafter on or before the like day of each succeeding month until said total sum of $(:-.;00.00 has been paid. . In addition to the said total consideration of~' " 600.00, the Purchaser agrees to pay all taxes. municipal assessments, utility charges, make all .1ecessary repairs to the premises, and to keep in force not less than Five Thousand and no/IOO --- (S ,000.00) --- Dollars of Fire Insurance with extended coverage and public liability and property damage insurance, issued by a reliable insurance company approved by the Seller, in whic~ policy or policies the Seller and Purchaser shall be named as the insureds and with loss payable to the parties hereto as their interests may appear. A copy of said policy or policies shall be sent to the Seller. The Purchaser shall pay the required monthly rent for the space occupied by 'the mobile home directly to the Owner, currently at the rate of $1 , ' .00 per month, at the residence of the Owner at Peiper Court or at such other place as the Owner may direct, and the Purchaser agrees to enter into a rental contract for the space occupied by the mobile home with the Owner. PUlchaser agrees to comply with all of the rules and legulations imposed by the Owner of the mobile home park in connection with the use and occupancy of mobile homes located within the park. Possession of said mobile home shall be delivered to the Purchaser immediately. Real estate taxes for prior years have been paid. Taxes for the current yeal have been paid and shall be prorated between the Seller and Purchaser using the fiscal year of the taxing authorities as the basis and the date of possession as the prorating date. PRORATION WAIVED BY SELLER. Upon payment in full of the tota] purchase price of $6.600.00 by the Purchaser to the Seller. the Seller agrees to assign and transfer the title to the mobile home heleinabove mentioned and Purchaser shall be responsible for paying all transfer fees and expenses in connection with such assignment of title together with all Pennsylvania sales and use taxes which may be payable on account of this sale and transfer. In the event the said Purchaser shall fail to make any monthly payment for a period of thiny (30) days after the same shall become due and payable by the terms hereof, or if a breach of any of the other foregoing conditions be made by said Purchaser and not cured within thirty (30) days from written notification to the Purchaser to cure such breach, then in such case this Agreement shall at the option of the Seller. become null and void and said Purchaser shall deem all monies then paid as liquidated damages which represent the fair rental value of the property during the time the same shall have been in the possession of Purchaser. ~\ If dcfault shall bc madc in thc paymcnt of any 1II0nthly paymcnt for a pcriod of thirty (30) days aftcr thc samc shall havc bccomc duc and paynblc by thc tcrlllS hcrcof, or if a brcach of any of thc conditions of this Agrcclllcnt shnll bc madc by thc Purchnscr, Ihc cntirc principnl sum rcmaining unpaid shall bccomc duc and payable at oncc and may bc collcctcd by suit or othcrwisc; and thc Prothonotary or any attorncy of nny court of rccord of Pcnnsylvnnin or clsewhcrc is hcrcby authorizcd and cmpowcrcd to appcar for and confcss judgmcnt against said Purchascr and in favor of thc Scllcr for thc wholc amount of said principnl sum rcmaining unpaid, togcthcr with intcrcst, costs of suit, rclcasc of crrors, attorncy's cOlllmission of rivc pcrccnt and waiving inquisitions and cxcmptions. Upon the breach of any of thc covcnnnts or conditions of this Agrecment, or upon its termination as above set forth, the Prothonotary or any attorney of any Court of Record of Pennsylvania, is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the said Purchaser and in favor of the said Seller for the premises herein described, and to direct the immediate issuing of a Writ of Possession with Writ of Execution for costs, waiving all irregularities, without notice and without leave of Court, and with One Hundred Dollars ($100.00) added as reasonable attorney's fee. Acceptance by the Seller of any of the aforesaid monthly payments after the same shall have become past due and in default, or any failure to enforce any of the rights hercin reserved to the Seller, or any of the penalties, damages or conditions helein contained, shall not in any way be considered a waiver of the right to cnforce the same at any time without notice whatsoever, and any attempt to collect the amount due by one proceeding shall. not be considered a wai vel' of the right to institute any of the other proceedings herein provided, but all of the rights of the Seller, and all penalties, damages and conditions may be enforced together or successively at the option of the party of the first part. No modification of this Agreement shall be binding upon the Seller, unless the same shall be in writing and duly approved by the Seller. The interest of the Purchaser in this Agreement shall not be assignable. in whole or in part, without the prior written consent and approval of the Seller, and if such assignment is attempted, all rights and remedies of the Seller set forth herein or which the Seller may otherwise have, shall immediately accrue to the Seller. Transfer of title by Will, survivorship, or by descent shall not bc regarded as an assignment requiring the consent and approval of the Seller. This Agreement is to extend to and be binding upon the heirs, successors, executors, administrators, and assigns of the parties hereto. IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE YOUR MOBILE HOME, OTHER HOUSEHOLD GOODS AND FURNITURE, AND YOUR MOTOR VEHICLE. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, consisting of two (2) pages, the day and year first above written. WITNESS: -/ ,i.~iLt/ A ~A.. j. (SEAL) J. Lester tone (lt1I~./~ ~ .~ J.&I;Y\; (SEAL) 'charlottc E Stone , I I , - . 17.:,).... i-,' <l ., (,. ~ (, /\ .-. -' . t' n ' '. .:'.? ("'~~::L', ll\ l-C "-,;,,,,~ (0 p''f'V.IU..(SEAL) 't ,:1 /., L o~ '-/ ""'lI ..."-.~({/l.~ "~fl QhQ~ _ (SEAL) , . / . :fi" 3 I ft' ?5 ) J /, ~l. ~I,{.J /; I ., 'tI7 II ".vt':~ ~,- "u" 0 -d v' ~ "'S"rf/1~7""IL'r~ I C:6,,~/,..,~ F, j.'l(,"A-"'t~ /'/.",,,,,'I,lyj' . - I ' . ) 1 ) ) ) ) In The Court of Co~on Pleas of Cumberland County, ?ennsylvania ../ (;5' (,> J.^/ ! 19 7:j" ~lo. 1]'(\ , S dl'" it- t'1' dp r I c'\'> (\ 1./'(' .. A.-..( ~/.J"/'t" 'iTc C<(\r-/'/"," b.,:.k)f.J...... t ~1 ~ f . 'j 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 office with fidelity. l_ AWARD Wee the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar~ed, they shall be separately stated.) }~ ~ _tL " I. I , ! . >-j<;l'Y-f! r:Ir;/t?r a.J ~~-n- ::Nt .-><'...."f-(~cI.~P C"... ~'--#-;L-....~ ~J/ It" '..A.,..h'"L~'" _C~"~~,...-c.'jt- .-?<l't!'~.t r (7 Arbitrator, dissents. (Insert name i= applicable. ) Date of Hearing:J,IrJ(9'P Date of Awa.rd: ,S:h ~!,fi'i' ~. rlL5'6.a ~~/:L _k.'-~~f-~ NOTICE OF ENTRY OF ..\W~ Now, the IJ~day of f)u_'iCt.S"/- ,19 9P, at~, :E.~1., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. II I ~ I I' I I. Arbitrators' compensation paid upon appeal: $ ..J9o_ocJ Ir! (]t2 fL.; .J , ( /7 By:_~~ /)4: p ?to. ~motary . 77/r'l,J lc'l, ,..--- Deptft:f ( f to be _. J. LESTER STONE and CHARLOTEE F. STONE, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT MICHAEL COOVER, :NO. 98-380 CIVIL TERM And MARIE JO COOVER, Defendants PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above-caption judgment "Satisfied." July 13, 2012 _0= rnw ?r rZ ac -s Frey & Tiley, Attorneys for Plaintiff By / Robert G. Frey, Esquire Supreme Court Number 4639 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 T.? C r- rn -,.4 M o; CD .?- r- c? r +-3 C? //333 ', R#17j'oz?