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TINA ARNOLD,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. UJ-- ~ti57 tW../
vs.
COUNTY MOBILE HOMES,
ROGER L. CHRISTOFF, and
GEORGE KLING,
Defendants
CIVIL ACTION - LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action. 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 Jose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de 105
proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensa de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted falla de tomar accion como se describe anleriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra
reclamacion 0 remedio solicitado por el demand ante puede ser dictado en contra suya por la Corte
sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVARESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA
SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
. ,
Tina Arnold,
IN THE COURT OF COMMON PLEAS
PLAINTIFF
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION -- LAW
NO. HJ- 5Vs'>7 6.u;;t lev-
County Mobile Homes,
Roger L. Christoff, and
George Kling,
DEFENDANTS
COMPLAINT
l. Plaintiff Tina Arnold is an adult individual residing at 520 Circle Lane, Lewistown,
Mifflin County, Pennsylvania.
2. Defendant County Mobile Homes is a Pennsylvania sole proprietorship doing business
at P.O. Box 329, Mount Union, Pennsylvania.
3. Defendant Roger L. Christoff is an adult individual residing at Box 1547, Mount
Union, Pennsylvania.
4. At all times relevant herein, it is believed and therefore averred, that Defendant Roger
L. Christoff was the sole owner of Defendant County Mobile Homes.
5. Defendant George Kling is an adult individual residing at RD 4, Lewistown,
Pennsylvania.
6. At all times relevent herein, it is believed and therefore averred that Defendant Kling
was an employee of Defendant County Mobile Homes.
7. On or about January 7,2000, the Plaintiff and Defendants entered into negotiations for
the Plaintiff to purchase a mobile home from the Defendants.
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8. At the time of these negotiations, Plaintiff resided at 38 Regency Woods, Carlisle,
Cumberland County, Pennsylvania.
9. At the time, Plaintifflived in another mobile home, which was subject to a mortgage
of approximately $ll,OOO.r'r.,+..~ ".~,
1 O. During the negotiations for the new mobile home, Defendant Christoff and/or
Defendant Kling represented to the Plaintiff that the new home was ready to move in to.
11. During the negotiations, the Defendants assured the Plaintiff that the Defendants
would landscape the site of the new home. Specifically, the Defendants promised to remove the
steep hill behind the home and use the dirt to fill the steep drop in front of and to the side of the
home.
12. During negotiations, the Defendants represented to the Plaintiffthat they would
complete all work in a satisfactory, workman-like manner.
13. Relying on these promises and representations, the Plaintiff entered into a written
contract for the purchase of a mobile home and approximately 1.88 acres of land with the
Defendants. Such contract is attached hereto as Exhibit "A".
14. The written contract provided for a trade in of the old home. Specifically, the
contract stated that the old home was worth $30,000. The contract provided that $11,000 of this
value was to be used for the Defendant to satisfy the mortgage. The remaining $19,000 ofthe
home's value was given as credit for a down payment.
15. The closing on the new mobile home took place on March 10, 2000, at Express
Financial Services, 4720 Old Gettysburg Road, Mechanicsburg, Cumberland County,
Pennsylvania.
16. The written contract for the new home provided for the Defendants to provide
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"limited landscaping (moving dirt from rear of home to front and cover sewage lines)."
17. The written contract for the new home provided that the Defendants "will install
driveway into property."
18. The written contract for the new home provided that the home had "city water and
sewer conn~ected. Electrical power connected. It is skirted and ready to move into."
19. The written contract for the new home provided that "ANY DEBT THAT I [the
Plaintiff] OWE ON THE TRADE IN IS TO BE PAID BY" and a box indicating "you", the
Defendants, had been marked.
Count I Breach of Contract
20. Paragraphs 1-19 are included herein by reference.
21. To date, the Defendants have neither taken possession of, nor satisfied the mortgage
ofthe old home, as provided for in the contract.
22. The mortgage holder on the old home, Northwest Conswner Discount Company, has
attempted to collect the debt from the Plaintiff.
23. Currently the old home sits empty, where it has been vandalized. As a result, the
value of the old house is significantly lower than at the time of the purchase of the new home.
24. To date, the Defendants have not performed any landscaping on the site of the new
home. Specifically, the hill behind the house has not been moved, and the steep drop in front of
the home has not been filled.
25. As a result of the failure to landscape, rain has eroded both banks, sweeping away part
ofthe hill, and producing dangerous gullies on the site.
26. The driveway installed by the Defendants is inadequate. Specifically, the driveway
meets the road at approximately a 90-degree angle. The road is on a steep incline. Because of
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this, the driveway should extend further up to slope, to meet the road at a less sharpe angle.
27. The driveway is barely wide enough to allow one car access.
28. The Plaintiff believed at the time of the contract that the Defendants would make the
driveway wider and extend further up the hill.
29. As a result of the grade and width of the driveway, entering and parking at the
property is dangerous. On at least one occasion a parked car has slipped off of the driveway onto
the hill below.
30. The stormwater pipe under the driveway is not adequate to remove rainwater from
the area.
31. As a result of the inadequate stormwater pipe, rainwater is beginning to significantly
erode the Plaintiffs driveway.
32. The house was not in "move in condition", nor was the installation done in a
"workman-like manner." Specifically:
A. The water line was not buried at a depth of four feet, as required by local building
codes. As a result, the line is in danger of freezing during the winter. A notice of violation from
the Derry Township Water Authority is attached hereto as Exhibit "ll ".
B. All of the interior water lines were broken when the Plaintiff took possesson of the
home. As as result, the Plaintiff was without water for approximately two months.
C. When the Defendants attempted to fix the water connections, they removed some
interior walls. To date, the Defendants have not repaired these items.
D. There was a large crack in the ceiling of the home when Plaintiff took possession,
which Plaintiff was forced to repair.
33. The Defendants have refused to cure any ofthe problems with the landscaping or
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driveway.
34. The Defendants failure to meet the promises contained in the contract amount to a
breach of contract.
WHEREFORE, the Plaintiff request that this Court grant Damages as set out more fully herein,
which are in excess of $35,000, in excess ofthe amount requiring referral to arbitration.
Count II Unfair Trade Practices and Consumer Protection Law
35. Paragraphs 1-34 are included herein by reference.
36. The Defendants represented to the Plaintiffthat the new mobile home was ready to
move in to.
37. When Plaintiff moved into the new home, all of the water connections were broken,
making it impossible to draw fresh water.
38. The Defendants represented to the Plaintiffthat the lot would be landscaped.
39. When Plaintiff moved into the home, the lot had not been landscaped.
40. Such misrepresentations violate the Pennsylvania Unfair Trade Practices and
Consumer Protection Law ("UTPCPL"), specifically 73 P.S. 20l-2(4)(vii), by representing that
services are of one quality when in fact they are of another.
41. The Defendants stated that the value of the Plaintiff s existing home was
approximately $30,000, and applied $19,000 of this value as a down payment on the new home.
42. Plaintiff believes, and therefore avers, that the Defendants exaggerated the value of
the old home in order to have the Plaintiff believe she was receiving a reduction in the price of
the new home.
43. Such misrepresentations violate the UTPCPL, specifically 73 P.s. 20l-2(4)(xi), by
making "false or misleading statements of fact concerning the existence of or reasons for price
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reductions."
44 The written contract between the Plaintiff and Defendants provides "It [the new
home] is skirted and ready to move into."
45. As was previously averred, all of the water connections were broken, making the
home unfit for habitation.
46. Such actions violate the UTPCPL, specifically 73 P.S. 201-2(4)(xiv), by "failing to
comply with terms of any written guarantee or warranty given to the buyer at, prior to or after a
contract for the purchase of goods or services is made."
47. Plaintiff believes, and therefore avers, that the representations of the Defendants with
respect to the new home were false at the time that they were made.
48. The Defendants knew, or should have known, that the above representations were
false.
49. The Defendants made the above representations to the Plaintiff in order to induce her
into buying the mobile home from the Defendants.
50. The Plaintiff reasonably relied on the guarantees and representations made by the
Defendants.
51. Such actions on the part of the Defendants violate the UTPCPL, specifically 73 P.S.
20l-2(4)(xxi), by "engaging in any other fraudulent or deceptive conduct which creates a
likelihood of confusion or of misunderstanding."
WHEREFORE, the Plaintiff is entitled to Damages as more fully described herein, as well as
treble damages in an unliquidated amount, which exceed $35,000, which amount is an excess of
the amount requiring referral to arbitration.
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Count III Fraud
52. Paragraphs 1-51 are incorporated fully herein.
53. The representations made by the Defendants concerning their obligation to satisfy the
mortgage on the previous mobile home, the condition of the new mobile home, and the intent to
install a driveway and landscape the new property were false at the time that they were made.
54. The Defendants knew, or should have known that such representations were false
when made.
55. The Defendants made such representations to the Plaintifffor the purpose of
inducing her into the purchase of the new mobile home.
56. The actions ofthe Defendants constitute fraud
57. The Defendants false representations were made with reckless disregard to the rights
of the Plaintiff, or were made with the deliberate intent to defraud the Plaintiff.
WHEREFORE, the Plaintiff is entitled to Damages as more fully set out herein, plus such
punative damages as this Court sees fit, totaling in excess of$35,000, which amount is an excess
of the amount requiring referral to arbitration.
Count IV Breach of the ImDlied Warranty of Fitness
58. Paragraphs 1-57 are incorporated fully herein.
59. The Defendants installed the mobile home for the Plaintiff.
60. As an installer or builder of a home, the Defendants impliedly warrant the fitness of
the home, which warrants that the home is free from defects caused by the builder.
61. The broken water connections, defective landscaping, and inadequate driveway are
all defects caused by the Defendants.
WHEREFORE, the Plaintiff is entitled to Damages as more fully set forth herein, in excess of
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$35,000, which amount is an excess ofthe amount requiring referral to arbitration.
Count V Damal!:es
62. Paragraphs 1-61 are incorporated fully herein.
63. The Defendants' actions have caused the Plaintiffto suffer the following damages:
A. The Plaintiff is still liable on the mortgage securing her previous mobile home, and
has paid the interest on the lien to avoid repossession and/or an adverse credit report.
B. As the Plaintiffs previous home has sat empty, it has been subjected to vandalism,
causing the value of the home to decrease significantly.
C. The Plaintiff was forced to purchase bottled water for personal use for approximately
two months.
D. The Plaintiff must hire a contractor to perform the landscaping not performed by the
Defendant.
E. The Plaintiff must correct the defective driveway to make it safe.
64. The Plaintiff is entitled to the following damages:
A. Satisfaction ofthe mortgage on the Plaintiffs previous home, approximately $11,000,
as well as any amounts paid by the Plaintiff subsequent to the purchase of the new home;
B. Reimbursement for any expenses caused by the Defendants' actions, including the
purchase of bottled water, the time and expense of purchasing water, bathing and laundry, which
total approximately $2,400.00;
C. The cost of landscaping the property in accordance with the standards of the industry,
the contract, and the Defendants' original representations;
D. The cost of correcting the driveway to meet the standards of the industry and the
representations of the Defendants;
E. Treble damages, in accordance with the Pennsylvania Unfair Trade Practices and
Consumer Protection Law, of an unliquidated amount;
F. Such punitive damages as this Court sees fit; and
G. Such costs, fees, and interest as allowed by law.
WHEREFORE, the Plaintiff respectfully requests that this Court find for the Plaintiff and
against the Defendants in the above-captioned matter, and award Damages in favor of the
Plaintiff, and against Defendants as set forth above.
Respectfully submitted,
Date: ~,~,J..j)1.> t?
By: ~At.~
Geoffrey M. Biring r, Esquire
ill No. 18040
Harrisburg Civil Law Clinic
31 N 2nd Street
Harrisburg, PA 17101
(717) 232-4425
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Exhib'it "A'"
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THE MUNICIPAL AUTHORITY
OFTHE BOROUGH OF LEWISTOWN
P.O. BOX 68
LEWrSTOWN, PA.17044
TELEPHOI.E (717) 248,0165
FAX (717) 248-0167
ROBERT C. HELD
SECRETARY
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ROCCO J. SOCCIO
CHAIRMAN
JONES J. MARKER
ASSISTANT seCRETARY
AND TREASURER
CHARLES E. LAUB
VICE CHAIRMAN
RICHARD M. MOHLER
SOlICITOR
W. HARRIS LAYTON
SUPERINTENDENT
PETER J. MARINOS
TREASURER
JUNE 19,2000
TINA MARIE ARNOLD
520 CIRCLE LANE
LEWISTOWN PA 17044
DEAR MS. ARNOLD:
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ENCLOSED IS A COpy OF RULE 3.2.c OF OUR RULES AND REGULATIONS, WHICH STATES
ALL WAfER LINES SHALL BE LAIN (NOT LESS THAN 4~BELOW THE SURFACE).
HOPING THIS WILL ANSWER YOUR QUESTIONS, WE ARE,
SINCERELY,
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STEWARD A. ELLIS JR. I
OFFICE MANAGER
Exhibit ."B"
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3.2 Renewal of Service
Service will be renewed under a proper application when the conditions
under which such service was discontinued are corrected and upon the payment
of all charges of the Authority.
A supply of water for building or other such purposes, except on a lot
or premises already supplied, must be specially applied for. Such a supply
will be furnished on a application for a domestic supply, and may be included
under a previous application, when special application therefor is duly made
and accepted.
Replacement of existing service connection made due to no fault of the
applicant will be performed by the Authority and at its expense.
3.2.a. Definition of Connection
Upon approval of the application by any property Owner and the payment
of connection charges, the Authority will tap the main, insert a corporation
cock, carry a service pipe to the curb and install a curb stop and service
box. The Authority will be responsible for maintenance and repairs between
the main and curb box only. A turn-on service fee of $10.00 will also have to
be made.
The Authority may specify certaIn types of materials whose
specifications may be given by the Authority from the curb stop to any
building and in the event such specifications are not satisfactory to the
customer a meter pic shall be supplied in accordance with Section 5.9 of these
Regulations at the edge of the property where a water meter can be placed and
read at reasonable times.
The Authority will furnish water service only to consumers whose
property faces or abuts on an established and opened street or public highway
in which a water main is located or where an agreement has been entered into
for a water main extension.
3.2.b. Rights-of Way for Connections
Service lines will not be installed or permitted when any portion of the
service lines pass over or through premises which at the time may be the
property of persons other than the owner of the premises to be supplied unless
the Owner of the premises furnishes to the Authority a copy of a satisfactory
right-of-way agreement across said premises, suitable for recordation at the
expense of the Owner.
3.2.c. Service Lines
Service line beyond the curb stop shall be installed and maintained by
and at the expense of the consumer and shall be at least 3/4" Type "K" (soft)
copper, and be able to conduct electricity to thaw water lines. It shall be
laid not less than four feet (4') below the surface and shall not be covered
until the connection on the main is made and service line tested. All
plumbing connections shall be able to withstand a pressure of at least 150
pounds per square inch. Control of water supply by the consumer shall be by
means of one (1) valve and one (1) check valve, as described in Section 5.4 of
these Regulations, located just inside the building wall and so located as to
prevent freezing.
Service lines will not be turned on without a meter installed in the
line.
3.2.d. Size of Connection
No new service connection shall be made whereby any consumer shall have
a supply capacity exceeding that of a single three-quarter inch (3/4") nominal
pipe size connection at the water main without special approval by the
Authority.
9
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VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 P A. C.S.A. S 4904 relating to
unsworn falsification to authorities.
~h'r?~ em ~/'
Plaintiff
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TINA ARNOLD,
Plaintiff,
: In The Court of Common Pleas
: Cumberland County, Pennsylvania
No. IJtJ -5Vf7
vs.
COUNTY MOBILE HOMES,
ROGER L. CHRISTOFF, AND
GEORGE KLII\IG,
Defendants
Crv3:L ACTION-LAW
~
AND NOW, ,m, ~ my of
ORDER
, 2000 upon consideration of
the within Petition and Exhibits the Court being satisfie of the truth of the averments therein, and
the Court further being satisfied that Petitioner is unable to pay any of the costs of these
proceedings, it is therefore Ordered and Decreed that the Petitioner may, pursuant to Pa. R.C.P.
240, proceed with this action in forma pauperis without payment of costs.
.
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TINA ARNOLD,
: In The Court of Common Pleas
: Cumberland County, Pennsylvania
Plaintiff
No. CJ~- aY57
vs.
COUNTY MOBILE HOMES,
ROGER L. CHRISTOFF, AND
GEORGE KLING,
Defendants
: Civil Action
PETITION FOR LEAVE TO PROCEED IN FORMA PAIWERIS
TO THE HONORABLE JUDGES OF SAID COURT:
The Petitioner, residing at ,Mj:~j!;-J,A-1l' .' .. County, Pennsylvania, upon his oath deposes
and says:
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct:
(a) Name: Tina Arnold
l\ddress: 514 Circle Lane, Lewistown, PA 17044
Social Security Number: 172-60-2373
(b) Employment
If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: July 26, 2000
Salary or wages per month: $ 7.00 /hr .
Type of work: fast food service
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits: $lOO/mo. avg.
Support payments:
Disability payments:
Unemployment compensation and supplemental benefits:
Worker's compensation:
Public assistance:
Other:
(d) Other contributions to household support
Husband Name:
If your husband is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents: $740/mo. while daughter unemployed
Other contributions:
. '-, ". ., . ,,;. ""~ -"~,'-",--'-"---~ ~, "d" -
(e) Property owned
Cash: None
Checking Account: Commerce Bank--minimal amt.
Savings Account: None
Certificates of Deposit: II
Real Estate (including home): 1998 Redman Mobile Home
Motor vehicle: Make Geo , Year199~ CostlO, 900
Cost Amount Owed $ 7,000
Stocks; bonds: None
Other: Furniture, clothes
(f) Debts and obligations
Mortgage: $693.97(current mobile home); $246.00(lst mobile home)
Rent:
Loans: $246 (Debt Management); $242 (vehicle); $52 (shed)
Other: insurance ($180.11)
(g) Persons dependent upon you for support
Name:
Children, if any:
Name: Age:
Other persons:
Name:
Relationship:
'0___
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4. I understand that I have a continuing obligation to inform the court of
improvement in my financial circumstances which would permit me to pay the costs incurred
herein.
5. I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904,
relating to unsworn falsification to authorities.
':1~O)n ~
Petitioner
Date:
~/(/o/l
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eo .,rey .0" ~r~n!ler,
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Supervising Attorney
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I.D. # 18040
Widener University School of Law
Harrisburg Civil Law Clinic
3805 Vartan Way
P.O. Box 69382
Harrisburg, PA 17106,9382
(717) 541,1961
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TINA ARNOLD.
PLAINTIFF,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO.
Ilj)~ ,rY57
VS.
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COUNTY MOBILE HOMES.
ROGER L. CHRISTOFF. and
GEORGE KLING
DEFENDAN1j;
:GIV1L 1\CTION-LAW
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow Tina A:r:n61tk !Plaintiff, .to p:r:oceed ~ in,~forma paupeds.
I, Geoffrey M. Bidn,gg:r;"c ~ttorI)JlYfor the party proceeding in forma pauperis,
certify that I believe the party is unable to pay the costs and that I am providing free legal
service to the party. The party's affidavit showing inability to pay the costs of litigation is
attached hereto.
Date: 'l~ f-- ~&
(. ~.,
hr.
",
Georfrey M. Biringer, Esquire
J.D. No. 18040
Widener University School of Law
Harrisburg Civil Law Clinic
3805 Vartan Way
P.O. Box 69382
Harrisburg, PA 17106-9382
Tel. (717) 541-1961
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POST & SCHELL, P.C.
BY: PAULW.GREGO
!.D. # 39701
BY: JOHNR. CANAVAN
J.D. # 84728
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717)731-1970
ATTORNEYS FOR DEFENDANTS
COUNTY MOBILE HOMES
ROGER L. CHRISTOFF
GEORGE KLING
TINA ARNOLD
Plaintiff,
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
COUNTY MOBILE HOMES,
ROGER L. CHRISTOFF, and
GEORGE KLING
NO. 00-5457
Defendants.
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of Defendants, County Mobile Homes, Roger L.
Christoff, and George Kling, in connection with the above-captioned matter.
Respectfully submitted,
W. GREGO, ESQUIRE
R. CANAVAN, ESQUIRE
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CERTIFICATE OF SERVICE
I, Jenny L. Colledge, an employee of the law offices of Post & Schell, P.C., do hereby certify that on
the date listed below, I did serve a true and correct copy of the foregoing document upon the following
person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid:
Geoffrey M. Biringer, Esquire
Harrisburg Civil Law Clinic
31 North 2nd Street
Harrisburg, PA 17101
DATE: ~J2>/.0D
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SHERIFF'S RETURN - OUT OF COUNTY
\
CASE NO: 2000-05457 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ARNOLD TINA
VB
COUNTRY MOBILE HOMES ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
COUNTY MOBILE HOMES
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of HUNTINGTON
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On September 14th , 2000 , this office was in receipt of the
attached return from HUNTINGTON
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Huntingdon
18.00
9.00
10.00
54.08
.00
91.08
09/14/2000
~~
R homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this I,;'~ day Of_),<L~
2b-crt) A.D.
~o.~,~
Prothonotary
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-05457 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ARNOLD TINA
VS
COUNTRY MOBILE HOMES ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
CHRISTOFF ROGER L
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of HUNTINGTON
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On September 14th , 2000 , this office was in receipt of the
attached return from HUNTINGTON
6.00
.00
10.00
.00
.00
16.00
09/14/2000
,-
Sheriff's Costs:
Docketing
Out of County
Surcharge
So
R rThomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this IS'=:: day of ~~
~ A.D.
~ a. 711/##,,/ i~
Prothonot~ y
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SHERIFF'S RETURN - OUT OF COUNTY
,
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CASE NO: 2000-05457 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ARNOLD TINA
VS
COUNTRY MOBILE HOMES ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
KLING GEORGE
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of MIFFLIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On September 14th , 2000 , this office was in receipt of the
attached return from MIFFLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Mifflin Co
So
6.00
9.00
10.00
75.00
.00
100.00
09/14/2000
R. Tl'1omas Kline
Sheriff of Cumberlan
Sworn
and subscribed to before
/s e::: day of.-J.rr;<,J,~
I
me
this
02bV7J A. D.
~O~~
Prothonotary
:"
Rollert D. Bowersox, Sheriff
Baron K. Lewis, Chief Deputy
Robert C. Soli, Deputy
Laurie J. Durst, Deputy
Joseph A. Bradley, Deputy
David W. Moiek, Solicitor
(717) 248-9656
SHERIFF'S OFFICE
MIFFLIN COUNTY
8 North Main Street
Lewistown, Pa 17044
(717) 242,1105" (717) 242-1808
Fax: (717) 248-2907
Plaintiff: Tina Arnold Court Number: 00-5457
County: Cumberland
Defendant: County Mobile Homes, Roger L. Christoff, and George Kling Type of Writ or Complaint: [jjjj]Writ
Order [jjjj] Complaint
Name: George Kling Address: R.D.4 Lewistown, Pa. 17044
Serve
At
Name: Address:
Indicate Unusual Service: 0 Comm. of Pa. 0 Deputization 0 Other
Now 19 , I, SHERIFF OF MIFFLIN COUNTY, PA. do hereby deputize the
Sheriff of County to execute this Writ and make return thereof according
to law~ This deputization is made at the request and risk of plaintiff. X Sheriff of Mifflin Co.
Special Instructions or other information that will assist in expediting service:
Telephone No: Date:
8/14/00
!cated above: Date Received: Exp. Date:
X 8/11/00 9/11/00
I hereby CE RETURN that I ~ have personally served. 0 have legal evidence of service as shown in
"Remarks", 0 have executed as shown in "Remarks", the Writ or Complaint described on the individual, company,
corporation, etc. at the address shown above or on the individual, company, corporation, etc., at the address inserted
below, handing a TRUE and ATTESTED copy thereof.
o I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc.,
name above. (See Remarks below.)
Name and Title of individual served: o A person of suitable age and discretion
served George Kling then residing at the defendent's usual
place of abode.
Address where served (complete only if different than shown above) Date of Service: I Time:
8/14/00 2:28 PM
Attempts Date Miles Dep.ln!. Date Miles Dep. In!. Date Miles Dep.ln!.
1 8/14/00 20 LJD
Advance Costs Service Costs Mileage Postage Surcharge I Notary I Total I Refund
SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO SO.OO
Remarks: (See other side)
Sworn to and subsC!ibe,jbefore me this /~
X
Notary Public
4,.r_
.......0.. A. 'WUClN. NoIafy Public
1&."*.... .... MIIfIln ColIni)'
I ;... ~.....,ml.... ..... Ma.... 31, 20lXl
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Notarial Seal
- -- ~ '"~~ " "- - 1- " 'j;_
. In The Court of Common Pleas of Cumberland County, Pennsylvania
Tina Arnold
VS.
County Mobile Homes, et. al.
Serve: George Kling
No.
20-5457 Civil"
Now,
8/10/00
, 20 0 f) , I, SHERIFF OF CU1vlBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Mifflin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
" r~~~
Sheriff of Cumberland County, P A
Affidavit of Service
Now
,
,20_, at
o'dock
M. served the
within
upon
at
by handing to
copy of the original
a
and made known to
the contents thereof.
So answers,
Sb eriff of
County, PA
Sworn and subscribed before
me this _ day of , 20
COSTS
SERV1CE
MILEAGE
A.FFIDAV1T
$
$
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SHERIFF'S OFFICE
HUNTINGDON COUNTY, PENNSYL VANIA
241 Mifflin Street
Huntingdon, PA 16652
Telephone: 814-643-0880
David L. Harker, Sheriff
TINA ARNOLD
NO. 5457
TERMOO
vs:
ROGER L. CHRISTOFF, ET AL
P.O. BOX 1547
MOUNTUNION,PA 17066
, 2000
, AT 1614
A.M./P.M. I SERVED THE WITHIN
NOW, SEPTEMBER 7
NOTICE AND COMPLAINT
UPON
ROGER L. CHRISTOFF
AT
HUNTINGDON COUNTY SHERIFF'S OFFICE, 241 MIFFLIN STREET, HUNTINGDON, PA 16652
BY HANDING TO ROGERL. CHRISTOFF, PERSONALLY
ONE TRUE AND CORRECT COPY/COPIES OF THE WITHIN NOTICEANDCOMPLAINT
AND MADE KNOWN TO ROGER
THE CONTENTS THEREOF.
SWORN AND SUBSCRIBED TO
BEFORE M~ J.HIS ;.;v
DAY OF ~.r-
20 0'0,- A.D.
PR~~~OT~~~RY PUBLIC
AANGELAKLlNE ~~
CHIEF DEPUTY D P TY
KAY COONS
PROTHONOTARY
HUNTINGDON COUNTY, PENNSYLVANIA
MY COMMISSION EXPIRES JANUARY 7, 2002
COSTS:
REC & DOC . . .
SERVICE . . . .
MILEAGE/POSTAGE
SURCHARGE . .
AFFIDAVIT . .
MISCELLANEOUS
TOTAL COSTS
SEE OTHER RETURN
,
;
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In fjThe GOillr~ of' Commvm Ple2:s of Cumberftand COlllfity, Pemllsylvania
.
Tina Arnold
VS.
County Mobile Homes, et. al. N
0:
Serve: R
oger L. Christoff
20-5457 Civil
Now,
8/10/00
, 20 0 f) , I, SHERIFF OF CU1vlBERLAND COUNTY, PA, do
- .
hereby deputize the Sheriff of Hunt ing.ton
County toexe.cute this Writ, this
deputation being made at the request and risk of the Plaintiff.
'. ~~~#
,.i~ f~
Sheriff of Cumberlan d County, PA
Affidavit of Service
Now
,
,20 ,at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made lmown to
the contents thereof.
So answers,
Sheriff of
County, P A
Sworn and subscribed before
me this day of ,20_
COSTS
SERV1CE
1v!ILEAGE
A.FFIDAVIT
$
$
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lr V.I
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('"'"
SHERIFF'S OFFICE
HUNTINGDON COUNTY, PENNSYL VANIA
241 Mifflin Street
Huntingdon, PA 16652
Telephone: 814-643-0880
David 1. Harker, Sheriff
TINA ARNOLD
NO. 5457
TERMOO
vs:
COUNTY MOBILE HOMES ET AL
RD#l BOX 304
HUNTINGDON, PA 16652
NOW, SEPTEMBER 5
, 2000
, AT 1430
A.M./P.M. I SERVED THE WITHIN
NOTICE AND COMPLAINT
UPON
COUNTY MOBILE HOMES
AT
RD#l BOX 304, HUNTINGDON, PA 16652
BY HANDING TO BETSY SNYDER, RECEPTIONIST
ONE TRUE AND CORRECT COPY ICOPIES OF THE WITHIN NOTICE AND COMPLAINT
AND MADE KNOWN TO BETSY
THE CONTENTS THEREOF.
SWORN AND SUBSCRIBED TO
BEFORE M~ TijIS / ~
DAY OF ~...../-
20 OO,-A.D. '
~~Oi2~ARY PUBLIC
KAY COONS
PROTHONOTARY
HUNTINGDON COUNTY, PENNSYLVANIA
MY COMMISSION EXPIRES JANUARY 7, 2002
COSTS:
REC & DOC
SERVICE .
MILEAGE/POSTAGE
SURCHARGE . .
AFFIDAVIT . .
MISCELLANEOUS
9.00
15.00
30.08
N/C
TOTAL COSTS
54.08 INDIGENT
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( -... In The Court .of CommoJru Pleas of Cumbe:rland County, F'ennsylvaJruia
Tina Arnold
VS.
County Mobile Homes, et. al. No.
Serve: .
. County Moblle Homes
20-5457 Civil
Now,
8/10/00
, 20 0 f) , I, SHERIFF OF CU1vlBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Huntingclion
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff. //:At
. r~~-~~t1
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof
So answers,
Sh eriff of
County, PA
Sworn and subscribed before
me this day of , 20_
COSTS
SERV1CE
MILEAGE
A.FFIDAV1T
$
$
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POST & SCHELL, P.C.
BY: PAUL W. GREGO
!.D. # 39701
BY: JOHN R. CANAVAN
LD. # 84728
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717)731-1970
TINA ARNOLD
Plaintiff,
v.
COUNTY MOBILE HOMES,
ROGER L. CHRISTOFF, and
GEORGE KLING
Defendants.
",. '~"" '
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NOTICE TO PLEAD
TO: Plaintiff:
Yon are hereby notified to plead to
the enclosed New Matter of
Defendants County Mobile Homes,
Roger L. Christoff and George
Kling within twenty (20) days from
service hereof or a de ault judgment
may be e tered agai t you.
Atto ey for Defendants
Cou Mobile Homes
Roger L. Christoff and
George Kling
ATTORNEYS FOR DEFENDANTS
COUNTY MOBILE HOMES
ROGER L. CHRISTOFF
GEORGE KLING
IN THE COURT OF COMMON
PLEAS CUMBERLAND COUNTY,
PENNSYL V AN1A
CIVIL ACTION - LAW
NO. 00-5457
ANSWER AND NEW MATTER OF DEFENDANTS
COUNTY MOBILE HOMES. ROGER L. CHRISTOFF AND GEORGE KUNG
TO PLAINTIFF'S COMPLAINT
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Defendants County Mobile Homes, Roger L. Christoff and George Kling ("Defendants"), by
and through their attorneys, Post & Schell, P.C., hereby file this Answer and New Matter to
Plaintiff's Complaint as follows:
1. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
2. Admitted in part; denied in part. It is admitted that Defendant is County Mobile
Homes, a sole proprietorship with a principal place of business at 8718 U.S. Highway, 522 South,
Lewistown, Pennsylvania. It is denied that Defendants' principal place of business is Box 1547,
Mount Union, Pennsylvania. All remaining allegations are denied as conclusions of law.
3. Admitted in part; denied in part. It is admitted that Defendant is Roger L. Christoff,
who resides at RD 3, Box 1547, Mount Union, Pennsylvania. All remaining allegations are denied
as conclusions oflaw.
4. Admitted in part; denied in part. The corresponding allegations are denied because
Plaintiff fails to identify "at all times relevant herein" with sufficient specificity. It is admitted that
Defendant Roger L. Christoff was the sole owner of County Mobile Homes. All remaining
allegations are denied as conclusions oflaw.
5. Admitted in part; denied in part. It is admitted that Defendant is George Kling, who
resides at 4 South Water Street, Mc Veytown, Pennsylvania. It is denied that Defendant resides at
RD 4, Lewistown, Pennsylvania. All remaining allegations are denied as conclusions oflaw.
-2-
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6. Admitted in part; denied in part. The corresponding allegations are denied because
Plaintiff fails to identifY "at all times relevant herein" with sufficient specificity. It is admitted that
Defendant Kling was an employee of County Mobile Homes.
7. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
8. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
9. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
10. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants specifically deny making any misrepresentations to Plaintiff and
deny that any actions or omissions of Defendants were the cause of Plaintiffs alleged damages. All
remaining allegations are denied as conclusions oflaw.
II. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants specifically deny making any misrepresentations to Plaintiff and
deny that any actions or omissions of Defendant were the cause of Plaintiffs alleged damages. All
remaining allegations are denied as conclusions oflaw.
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12. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants specifically deny making any misrepresentations to Plaintiff and
deny that any actions or omissions of Defendants were the cause of Plaintiff's alleged damages.
Defendants deny breaching any implied or express warranties. All remaining allegations are denied
as conclusions oflaw.
13. Denied. The contract is a document in writing which speaks for itself. Defendants
deny that they are liable in any way to Plaintiff for the damages alleged. All remaining allegations
are denied as conclusions oflaw.
14. Denied. The contract is a document in writing which speaks for itself. Defendants
deny that they are liable in any way to Plaintiff for the damages alleged. All remaining allegations
are denied as conclusions oflaw.
15. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
16. Denied. The contract is a document in writing which speaks for itself. Defendants
deny that they are liable in any way to Plaintiff for the damages alleged.
17. Denied. The contract is a document in writing which speaks for itself. Defendants
deny that they are liable in any way to Plaintiff for the damages alleged.
18. Denied. The contract is a document in writing which speaks for itself. Defendants
deny that they are liable in any way to Plaintiff for the damages alleged.
-4-
19. Denied. The contract is a written document which speaks for itself. Defendants deny
that they are liable in any way to Plaintiff for the damages alleged.
COUNT I
20. Defendants incorporate by reference their Answers to paragraphs 1 through 19 as if
set forth at length herein.
21. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Further, Defendants specifically deny any misrepresentation or breaching any
agreements in their dealings with Plaintiff. Defendants deny that they are liable to Plaintiff in any
way for the damages alleged. All remaining allegations are denied as conclusions oflaw.
22. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
23. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
24. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Further, Defendants specifically deny any misrepresentation or breaching any
agreements in their dealings with Plaintiff. Defendants deny that they are liable to Plaintiff in any
way for the damages alleged. All remaining allegations are denied as conclusions oflaw.
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25. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants deny that they are liable to Plaintiff in any way for the damages
alleged. All remaining allegations are denied as conclusions oflaw.
26. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants deny that they are liable to Plaintiff in any way for the damages
alleged. All remaining allegations are denied as conclusions oflaw.
27. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
28. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
29. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Further, Defendants specifically deny any misrepresentation or breaching any
agreements in their dealings with Plaintiff. Defendants deny that they are liable to Plaintiff in any
way for the damages alleged. All remaining allegations are denied as conclusions of law.
30. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
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31. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
32. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants specifically deny breaching any agreements or express or implied
warranties. Further, Defendants deny that they are liable to Plaintiff in any way for the damages
alleged. Any remaining allegations are denied as conclusions oflaw. Defendants incorporate by
reference these averments into each and every paragraph of this Answer as if set forth at length
therein.
33. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants specifically deny breaching any agreements or express or implied
warranties. Further, Defendants deny that they are liable to Plaintiff in any way for the damages
alleged. Any remaining allegations are denied as conclusions oflaw.
34. Denied. The corresponding allegations are denied as conclusions of law to which no
response is required. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the remaining factual allegations and,
accordingly, all such factual allegations are denied. Defendants specifically deny breaching any
contract or agreement with Plaintiff.
WHEREFORE, Defendants respectfully requests that this Honorable Court enter judgment
in their favor and against Plaintiff.
-7-
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COUNT II
35. Defendants incorporate by reference their Answers to paragraphs I through 34 as if
set forth at length herein.
36. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Further, Defendants specifically deny any misrepresentation or breaching any
agreements in their dealings with Plaintiff. Defendants deny that they are liable to Plaintiff in any
way for the damages alleged. All remaining allegations are denied as conclusions of law.
37. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
38. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Further, Defendants specifically deny any misrepresentation or breaching any
agreements in their dealings with Plaintiff. Defendants deny that they are liable to Plaintiff in any
way for the damages alleged. All remaining allegations are denied as conclusions oflaw.
39. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Further, Defendants specifically deny any misrepresentation or breaching any
agreements in their dealings with Plaintiff. Defendants deny that they are liable to Plaintiff in any
way for the damages alleged. All remaining allegations are denied as conclusions of law.
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40. Denied. It is denied that Defendants communicated any misrepresentations or false
representations to Plaintiff as alleged. It is denied that Defendants are liable to Plaintiff in fraud or
negligence. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the remaining factual allegations and, accordingly, all
such factual allegations are denied. All remaining allegations are denied as conclusions of law.
Defendants incorporate these averments into each and every paragraph of this Answer as if set forth
at length therein.
41. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Further, Defendants specifically deny any misrepresentation or breaching any
agreements in their dealings with Plaintiff. Defendants deny that they are liable to Plaintiff in any
way for the damages alleged. All remaining allegations are denied as conclusions of law.
42. Denied. It is denied that Defendants communicated any misrepresentations to
Plaintiff regarding the value of the old home. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of remaining factual allegations
and, accordingly, all such allegations are denied. All remaining allegations are denied as conclusions
oflaw.
43. Denied. It is denied that Defendants communicated any misrepresentations to
Plaintiff regarding the value ofthe old home. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of remaining factual allegations
and, accordingly, all such allegations are denied. Any remaining allegations are denied as
conclusions oflaw.
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44. Denied. The contract is a docwnent is writing which speaks for itself. It is denied
that Defendants are liable to Plaintifffor any of the alleged damages.
45. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
46. Denied. It is denied that Defendants failed to comply with the terms of any written
guarantee or warranty. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth ofthe remaining allegations and, accordingly,
all such allegations are denied. Further, it is denied that Defendants are liable to Plaintiff for any of
the alleged damages. Any remaining allegations are denied as conclusions oflaw.
47. Denied. It is denied that Defendants were negligent and/or engaged in fraud or false
representations. To the contrary, Defendants acted in a reasonable manner and at all times, dealt
with Plaintiff in good faith. Any remaining allegations are denied as conclusions of law. Defendant
incorporates these averments into each and every paragraph of this Answer as if set forth therein at
length.
48. Denied. It is denied that Defendants were negligent and/or engaged in fraud or false
representations. To the contrary, Defendants acted in a reasonable manner and at all times, dealt
with Plaintiff in good faith. Any remaining allegations are denied as conclusions of law.
49. Denied. It is denied that Defendants were negligent and/or engaged in fraud or false
representations. To the contrary, Defendants acted in a reasonable manner and at all times, dealt
with Plaintiff in good faith. Any remaining allegations are denied as conclusions oflaw.
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50. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants specifically deny engaging in misrepresentations or fraud in any
of their dealings with Plaintiff. Any remaining allegations are denied as conclusions of law.
51. Denied. It is specifically denied that Defendants engaged in any fraudulent and/or
deceptive conduct which created a likelihood of confusion or misunderstanding. Further, it is denied
that Defendants communicated any misrepresentations to Plaintiff as alleged and, therefore, did not
conduct themselves in a manner which would violate the Unfair Trade Practices and Consumer
Protection Law, 73 P.S. g201-1 et seq. To the contrary, Defendants acted in good faith in all their
dealings with Plaintiff. Any remaining allegations are denied as conclusions of law. Defendants
incorporate these averments into each and every paragraph of this Answer as if set forth therein at
length.
WHEREFORE, Defendants respectfully request that this Honorable Court enter judgment
in their favor and against Plaintiff.
COUNT III
52. Defendants incorporate by reference their Answers to paragraphs 1 through 51 as if
set forth at length herein.
53. Denied. It is specifically denied that Defendants engaged in fraud or false
representations. To the contrary, Defendants acted in a reasonable manner and at all times, dealt
with Plaintiff in good faith. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Any remaining allegations are denied as conclusions of law.
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54. Denied. It is denied that Defendants were negligent and/or engaged in fraud or false
representations. To the contrary, Defendants acted in a reasonable manner and at all times, dealt
with Plaintiff in good faith. Any remaining allegations are denied as conclusions of law.
55. Denied. It is specifically denied that Defendants engaged in fraud or false
representations. To the contrary, Defendants acted in a reasonable manner and at all times, dealt
with Plaintiff in good faith. Any remaining allegations are denied as conclusions oflaw.
56. Denied. The corresponding allegations constitute conclusions oflaw to which no
response is required. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
57. Denied. It is specifically denied that Defendants acted with reckless disregard to the
rights of Plaintiff or with the intent to defraud Plaintiff. Further, it is denied that Defendants
communicated any misrepresentations to Plaintiff as alleged and, therefore, are not liable in any way
to Plaintiff for the damages alleged. Defendants acted in a reasonable manner and at all times, dealt
with Plaintiff in good faith. Any remaining allegations are denied as conclusions of law.
WHEREFORE, Defendants respectfully request that this Honorable Court enter judgment
in their favor and against Plaintiff.
COUNT IV
58. Defendants incorporate by reference their Answers to paragraphs 1 through 57 as if
set forth at length herein.
59. Denied. The corresponding allegations are denied because Plaintifffails to identify
"installed" with sufficient specificity. After reasonable investigation, Defendants are without
-12-
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knowledge or information sufficient to form a belief as to the truth of the allegations and,
accordingly, all such allegations are denied.
60. Denied. The corresponding allegation is a conclusion of law to which no response
is required. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are
denied.
61. Denied. The corresponding allegations are conclusions of law to which no response
is required. Defendants deny that they are liable in any way to Plaintiff for the damages alleged.
After reasonable investigation, Defendants are without knowledge or information sufficient to form
a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Defendants
deny that their actions or omissions in any way caused Plaintiffs alleged damages.
WHEREFORE, Defendants respectfully request that this Honorable Court enter judgment
in their favor and against Plaintiff.
COUNT V
62. Defendants incorporate by reference their Answers to paragraphs 1 through 61 as if
set forth at length herein.
63. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied. Defendants deny that they liable to Plaintiff for any of the alleged damages.
64. Denied. Defendants deny that they are the cause of any of Plaintiffs alleged damages
and, therefore, are not liable to Plaintiff. After reasonable investigation, Defendants are without
-13-
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knowledge or information sufficient to form a belief as to the truth of the allegations and,
accordingly, all such allegations are denied.
WHEREFORE, Defendants respectfully request that Honorable Court enter judgment in their
favor and against Plaintiff.
NEW MATTER
65. Plaintiff has failed to state a claim upon which relief can be granted.
66. Plaintiffs claims are barred by the Statute of Limitations.
67. The alleged injuries and damages were the result of the actions and omissions of
Plaintiff and/or persons other than Defendants.
68. These claims are barred in whole or in part by the contributory or comparative
negligence of Plaintiff or that of her agents.
69. Plaintiff has failed to mitigate her damages.
70. Plaintiff's damages, if any, were caused by the intervening wrongdoing of others over
whom Defendants had no control and for which Defendants are not responsible.
71. Defendants assert all of the defenses, limitations and provisions of any and all
agreements entered into by Defendants and any other party to this action and avers that the remedies
of Plaintiff and other parties as against Defendant are limited exclusively thereto and, therefore, the
present action is barred.
72. The damages are not recoverable under the applicable law.
73. Plaintiffs damages are not recoverable due to the failure of consideration.
74. Defendants are not liable for any of Plaintiffs alleged damages because of the
impossibility of performance.
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75. Plaintiff's claims are barred by the Statute of Frauds.
76. Plaintiff's claims are barred by the doctrine of "unclean hands."
WHEREFORE, Defendants County Mobile Homes, Roger L. Christoff and George Kling
respectfully request this Honorable Court to dismiss Plaintiff's Complaint and enter judgment in
favor of Defendants.
Respectfully submitted,
DATE: 912-~J If'D
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J R.CPUNAVPUN,ESQUlRE
omey for Defendants
County Mobile Homes
Roger L. Christoff and
George Kling
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VERIFICATION
I, George Kling, do hereby swear and affirm that the facts and matters set forth in the Answer
and New Matter are true and correct to the best of my knowledge, information, and belief. The
undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.
C.S. g4904 relating to unsworn falsification to authorities.
DATE:
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VERIFICATION
I, Roger L. Christoff, do hereby swear and affirm that the facts and matters set forth in the
Answer and New Matter are true and correct to the best of my knowledge, information, and belief.
The undersigned understands that the statements made therein are made subject to the penalties of
18 Pa. C.S. S4904 relating to unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
I, Kelley Spangler, an employee ofthe law offices of Post & Schell, P.e., do hereby certify that on the
date listed below, I did serve a true and correct copy ofthe foregoing document upon the following person(s)
at the following address(es) by sending same in the United States mail, first-class, postage prepaid:
Geoffrey M. Biringer, Esquire
Harrisburg Civil Law Clinic
31 North 2nd Street
Harrisburg,PA 17101
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KELLEY SANER
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Tina Arnold,
IN THE COURT OF COMMON PLEAS
PLAINTIFF
CUMBERLAND COUNTY,
PENNSYL VANIA
vs.
CIVIL ACTION -- LAW
County Mobile Homes,
Roger L. Christoff, and
George Kling,
NO. 00-5457
DEFENDANTS
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER
65. Allegation is a conclusion oflaw to which no responsive pleading is required.
66. Allegation is a conclusion oflaw to which no responsive pleading is required.
67. Allegation is a conclusion oflaw to which no responsive pleading is required.
Plaintiff specifically denies any actions or omissions which caused damages or
illJunes.
68. Allegation is a conclusion of law to which no responsive pleading is required.
69. Allegation is a conclusion oflaw to which no responsive pleading is required.
70. Allegation is a conclusion oflaw to which no responsive pleading is required.
71. Allegation is a conclusion of law to which no responsive pleading is required.
72. Allegation is a conclusion oflaw to which no responsive pleading is required.
73. Allegation is a conclusion oflaw to which no responsive pleading is required.
74. Allegation is a conclusion of law to which no responsive pleading is required.
75. Allegation is a conclusion oflaw to which no responsive pleading is required.
76. Allegation is a conclusion oflaw to which no responsive pleading is required.
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WHEREFORE, the Plaintiff respectfully requests this Honorable Court to dismiss Defendant's
New Matter and enter judgment in favor of Plaintiff.
Respectfully submitted,
Date: /(J/vr/".,
By: J~Ik,~
Geo(frey M. Biringe , Esquire
ill No. 18040
Harrisburg Civil Law Clinic
31 N 2nd Street
Harrisburg, P A 171 0 1
(717) 232-4425
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VERIFICATION
I verifY that the statements made in this Answer to New Matter are true and correct. I
understand that false statements herein are made subject to the penalties of 18 P A. C.S.A. S 4904
relating to unsworn falsification to authorities.
c:7ft~_ t7fyJ fl r1~
Tina Arnold
Plaintiff
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CERTIFICATE OF SERVICE
I, Nicole Bachman, Certified Legal Intern at the Harrisburg Civil Law Clinic, do hereby
certifY that on the date listed below, I did serve a true and correct copy of the foregoing
document upon the following person at the following address by sending same in the United
States mail, first-class, postage prepaid:
John R. Canavan, Esquire
Post & Schell, P.C.
240 Grandview Ave.
Camp Hill, PA 17011
DATE: If) I zt{ 100
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NICOLE BACHMAN
Protholl. - 3
... .T.];NA .ARNGLY....................................
In the Court of COMMON PLEAS of
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Cumber'J.an<j. . I County
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Defendants
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Please mark the above-captioned action, "Settled and Discontinued."
.....................................................................................................................
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To
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· A ttorney for Plaintiff
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