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Home My WebLink About01-04144.. .. ,~ 7 ~ THOMAS E. BALL, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW DIANE A. RUNNEL, `/ ~/ Defendant. Civil Action No. ~) -'7 ~ 7 ~ C~V ~C jQlLty~ NOTICE You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objecfions 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 maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 ~~~ L~~~ RICHARD L. DAHLEN, Esquire Attorney I.D. No. 83730 134 Sipe Avenue Hutnmelstown, PA 17036 717-533-3280 ,~ ,. x THOMAS E. BALL, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW DIANE A. RUNNEL, n 1• Defendant. Civil Action No. ~/- N/ ~5` ~-c~ Ty..-. COMPLAINT The plaintiff, Thomas E. Ball, for his complaint against the defendant, Diane A. Hummel, states that: 1. The plaintiff, Thomas E. Ball, resides at 1531 Old Reliance Road, Middletown, Dauphin County, Pennsylvania 15057. 2. The defendant, Diane A. Hummel, resides at 8 East Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. COUNT ONE -- CONVERSION 3. Prior to November 5, 2000, the plaintiff allowed the defendant to have physical possession of three items of his own personal property, of which he had been in lawful possession, to wit: A diamond engagement ring, of the value of $7,077.00; A Canon camera, with accessories, of the value of $1,105.52; An electronic garage door opener, of the value of $50.00. 4. Since November 5, 2000, the plaintiff has duly demanded of the defendant the return of the aforesaid items, but the defendant has refused to return the same and has ever since refused to do so, unlawfully converting them to her own use. 5. The defendant's refusal to return the aforesaid items is willful and malicious, entitling the plaintiff to punitive damages. COUNT TWO -- CONTRACT 6. On or about October 5, 1998, in consideration for prior expenditures made by the plaintiff for the benefit and at the behest of the defendant, the defendant entered into a written agreement promising to pay the plaintiff the sum of $3,531.00 in monthly installments of $200.00 7. A true and correct copy of the aforesaid agreement is attached hereto as Exhibit A. 8. The defendant thereafter remitted two monthly installments of $200.00 each but has failed or refused to make further payments. 9. The defendant is thereby indebted to the plaintiff in the sum of $3,130.00. WHEREFORE, the plaintiff demands judgment against the defendant, On Count One, directing the return of his aforesaid personal property or awazding him the sum of $8,232.52, interest, costs, and punitive damages, On Count Two, awarding him the sum of $3,130.00, interest, and costs, and granting him such other and further relief as may be proper. By his attorneys, Dated: Z 9 Z~~~ JAMES, SMITH, DURKIN & CONNELLY, LLP By: `~.v L`~,~, Richazd L. Dahlen Attorney LD. #83730 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Diane Hummel: October 1, 1998 In accordance with our telephone conversation of September 22, 1995, you stated you would give me $1500.00 towards the invoices for Dr. Funk and Healthsouth. On September 25 you gave me a check for the $1500. This paid the Healthsouth invoice( $1056 in full and the remainder ($444) was applied against the Dr. Funk invoice for $3975 leaving a balance due of $3531. Since you felt it may be a hardship for you to meet the 60 day terms of Payment in full due by November 12`x', we agreed to a minimum monthly payment of $200.00 Dollars due by the 15` of each month with the first payment due November 1S`, 1998. Payments would continue until the balance on $3531 is paid off. This is an open ended agreement which means you can make monthly payments greater than $200 or make full payment in advazice. If' you continue to be in agreement with the above, please sign and date both copies of the agreement, keep one and send the other back to me. ~~/'~ ,'1i ~~~GL.G~'dv-r,-CAL` C.=~~-~J~~.(. ~!~ ~j~~ VERIFICATI®N The undersigned, THOMAS E. BALL, the plaintiff in this action, hereby verifies that the facts set forth in the his foregoing complaint are true and correct to the best of his knowledge, information and belief and further states that statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. THOMAS E. BALL Dated: June Z ~f, 2001 isaFawtu~ r,:, xl_.. ... c. ,: ,.,. <~z._~a:.~.~flXre~.~ab~rateaa~urnnris~dsa~a-~'~~=ss~uus3aevkt ~K. Y r ~~ ~ ~ ~ ~~o ,~ ~~ ~~ ~ ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-04144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BALL THOMAS E VS HUMMEL DIANE A KATHY CLARKE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUMMEL DIANE A the DEFENDANT at 1904:00 HOURS, on the 9th day of July 2001 at 8 EAST MAIN STREET 2ND FLOOR SHIREMANSTOWN, PA 17011 by handing to DIANE HUMMEL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this ~3,r,~p day of A.D. /vLcC'X.t..~ P o1 honotary So Answers• R. Thomas Kline 07/10/2001 JAMES SMITH DURKIN,,.&{,/CONN/E'/L~L~Y~ ~~ Deputy S eriff ii THOMAS E. BALL, vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DIANE A. HUMMEL, Defendant N0. 01-4144 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW comes the above-named Defendant, Diane A. Hummel, by her attorney, Samuel L. Andes, and makes the following answer to the Complaint in this matter: 1. Admitted. 2. Admitted. COUNT ONE - CONVERSION 3. Denied. The items listed in this paragraph were obtained by Defendant in the following ways: A. Plaintiff gave Defendant a diamond ring as a present. The ring does not have a value of S7,077.00 and is worth substantially less than that. B. The camera and accessories were purchased by Plaintiff and Defendant for use in a joint business venture and were, in fact, used in that fashion. Defendant took photographs for her employer and her employer paid fees for the photographs. All of the fees paid were received by Plaintiff and retained by him. The camera and accessories are not worth S 1, i G5.52 and are worth substantially less than that. C. The electric garage door opener was given to Defendant by Plaintiff during the time that Plaintiff and Defendant resided together. The Plaintitf is not the owner of the ring or the camera. 4. Admitted and denied. It is admitted that Plaintiff has demanded that Defendant ~~ surrender certain of the items to him, it is denied that Plaintiff is entitled to ownership or possession of the items because they belong to Defendant or belong to both Plaintiff and II' ~ J Defendant. Defendant has offered on more than one occasion to return the items but has requested that Plaintiff provide to her half the value of the camera which the parties purchased together and half of the profit generated by the business in which they used the camera. 5. Denied. Defendant's refusal to deliver these items to Plaintiff is lawful and justified. It is not willful, malicious, or otherwise wrongful and does not entitle Plaintiff to punitive damages or any other damages. WHEREFORE, Defendant prays the court to dismiss Count One of Plaintiff's Complaint and enter judgment in her favor in this matter. COUNT TWO -CONTRACT 6. Admitted. 7. Admitted. 8. Denied. Defendant made regular monthly payments of 5200.00 until the entire debt was paid and satisfied. Plaintiff himself acknowledged these payments and acknowledged that Defendant did not owe him any further repayment. 9. Denied. Defendant has paid any debt owed to Plaintiff. WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed and that judgment in this matter be entered in her favor. el L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, PA 17043 1717) 761-5361 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS.: DIANE A. HUMMEL, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. ~l ANE A. MM L Sworn to and subscribed before me this ~~f't~h day of ~~ , 2001. Ol,~n,~ `YY~.cu~ Notary P lic NOT fa b 180E OORO~. ~ F~0 ~~ NT COtgPtISSNIN EXMA 1RN. 5t, 2005 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Answer upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Richard L. Dahlen, Esquire 134 Sipe Avenue Hummelstown, PA 17036 Date: 23 July 2001 I L. Andes Attorney for Defendant THOMAS E. BALL, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW DIANE A. HLJNIMEL, Defendant. Civil Action No. (' ~ - ~//~/5/ PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY; Please mark the above captioned matter settled and discontinued. By his attorneys, Dated: ~..-^~. t Z, ZaJ~ JAMES, SMITH, DURKIN & CONNELLY, LLP Richard L. Dahlen Attorney I.D. #83730 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff [-, ~~ v- - ~„ -~~z, ,-~ m ~ .,... --;~ - ~:?_ ,_; u; r .~ ~~, -- _ ;~. _. L. J !_' cr -~