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Home My WebLink About94-06967 ROBERT 9. HILLER, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 6967 - 94 . . . RICHARD LOONEY, . CIVIL ACTION . Defendant . . NOTICE OF ARBITRATION HEARING TO: Dennis J. Shatto, Esquire CLECKNER & FEAREN 31 North Second Street Harrisburg, PA 17101 Craig A. Diehl, Esquire 3780 Trind1e Road Suite 2 Camp Hill, PA 17011 PLEASE TAKE NOTICE that the Arbitration Hearing in the above- captioned matter has been set for Thursday, October 19, 1995, at 9:00 a.m. in the Law Offices of COSTOPOULOS, FOSTER & FIELDS, 831 Market Street, Lemoyne, Cumberland Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 Michael J. Hanft, Esquire 11 West Pomfret Street Suite 2 Carlisle, PA 17013 Date: ;;)I1Py 27, /99S- aOBBRT B. MILLER, I IN THE COURT OF COHMON PLEAS Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA I ve. I NO. 6967 CIVIL 94 I aICIlARD LooNBY, , Defendant I CIVIL ACTION - LAW ANSWBR AND NOW comes Defendant, by and through his counsel, Law Offices of craig A. Diehl, and makes the following answer to Plaintiff's Complaint: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that Defendant Richard Looney is an adult individual but it is denied that he resides at 482 Berkshire Lane, Mechanicsburg, Pennsylvania. Defendant now resides at 31 East Locust street, Mechanicsburg, Pennsylvania. 3. Admitted. 4. Admitted. 5. Denied. The allegations of Paragraph 5 set forth conclusions of law to which no responsive pleading is required. 6. Denied. Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments in Paragraph 6. Therefore, strict proof thereof is demanded at trial. 7. Denied. Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments in Paragraph 7. Therefore, strict proof thereof is demanded at trial. , 5. The aforesaid Note was secured by the said mobile home which, however, remained titled in the name of Clarence Miller. 6. Defendant made payments on the aforesaid Note through February 8, 1993, but despite demand, failed or refused to make any payments thereafter. 7. On or about July 29. 1994, the aforesaid mobile home was sold through arrangements made by Plaintiff for the sum of $12,000.00. At the time of the sale, the principal balance due and owing under the Note was $10,088.08 and accrued interest was $1,815.84, for a total of $11,903.92. 8. At the time Defendant abandoned the aforesaid mobile home, it was si tuate in a mobile home park known as the Betty T. Nelson Mobile Home Park, 16 Bet ty Nelson Court, Carlisle, Pennsylvania. 9. To preserve the mobile home and to prepare it for sale, Plaintiff incurred the following expenses, all of which were reasonable and necessary: (A) Lot rental $ 1,400.00 (B) Repairs 1,207.06 (C) Real estate taxes 862.87 (n) Attorney's fees 77 2 . 00 (E) Value of Plaintiff's time and labor 1,500.00 TOTAL $ 5,741.93 ~fA.~ ~-I. ~iLJ@_/A "" ..y~1 tllf 9ol*~'-.Nr N_ tff--J''''' ~"'~.w_ ~ ~,..~.. ()xl:) W.NI? 9 January 19511 SUBJtCTI Loan to Mr. Riohard Looney SS '174-46-6318 ~etty T. Nelson's Hew Mobile Home Park 10 Betty Helson Court ~ CQ~li.lo, Penn.y1vania 17013 ~~ (717) ;a4J~"~Or (7H) 249-~:13~ # HOLDER' OF HOTE: ~~b~t B. Mille~ $12,000 FOR VAWE RECEIVED, the undersigned promiaes to pay to ROBERT B. '-' KILLER, or ordu, the total 8W11 at TWBLVE '.l'HOUSAHD DOLLARS ($12,000.), WI'I'H INTEREST PROM DATE AT THE RATE OF 12 PER CENT. par annum on tho balance from time to time remainin9 unpaid. The said amount shall be payable in lawful money of the United states at America at 81~ pennsylvania Avenue, Lemoyne, PA or at such place as may hereatter bu designated by notice tram tho holder to the maker hereot. The initial paymont of $500 will be paid on the date of this note. The remaining note will be paid in installments ot ~164.519, beginning tebruary 9, 1991. Any defaults of payments or violation of the terms ot this agreement for any reason will result in the entire balance being payable on demand. Terms of this agreement include not removing the mobile home from the above Mobile Home Par~, without the express written consent ot tho not. holder. In addition, the not. holder will receive an insurance rider providing an up to date status of insurance to be maintained by the maker adequate to cover any and all damages in case of disaster. This note with interest i. being secured by the mohilo home with which these loan proceeds are to be used ( 1'86 Oakbrook by Liberty, Gerial number 08-L-5779l, Hodel IIspecial 1456 2BFB" with refrig, stove, washer and dryer), and ahall be construed and enforced according to the laws of the state of Pennsylvania. '- ~~ EXIIIBIT "A" - f:!:-- '~ ~ - -;::- ~ ~ ~ ~ ' ...... ""V .. X, A , , ~ ~" ~ , ~ \j.l "" ~ - c..., J', --...J -.t) ~ ~ ,- '-- i.::l "'<\ (,.;:::;:. 'J 0, "1'" % ; --- -~ \.J ..... (:', "\ "\ ."- r '- .---- - -- -- -- - ~ - - --- ------ =-f PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WIT/IIN FIVE (51 DA YS AFTER (,hng Ihe lIot/LV of ,/pl",al, Check apphcable boxes) COMMONWEAL TH OF PENNSYLVANIA COUNTY OF ; II AFFIDAVIT: I hereby ,wear or affirm tho' I,erved o a copy of the Notice of Appeal, Common Pleas No, . upon tht! District Justice designated therein on (date of service) . 19_. D hv personal service D hy (ctHtificdl Iregisteredl mail, sender's receipt attached hereto, and upon thl! ilppellec. (l1f1mc)____.._____n_______~____'_ , on ,19_0 hy pnrsonal service 0 hV (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a whom tho Rule was addressed on mail, sunder's receipt auachcd hereto. Complaint Jccornpallyinu thl! above Noticl! of Appeal upon tho appellee Is) to . 19 _. [] by personal service 0 by (cert i fieu I (registered) SWORN IAFFIRMEDI AND SUBSCRIBED BEFORE ME THIS DAY OF ,19_, $ignarUftJ o( .ffi.nt Sign.runt 01 offici<J1 belore whom iJIf,cJdVi, was m.J(/tJ Till, 01 officil.1 My commission expires on ,19_, " Z 1"1:1 n:J OW ~ Receipt for Certified Mall No In,uf,nee Cov.reoe p,ovided ;;;; 00 not UII lor Inlern.llon.1 Moll IS.. R,vlI"') . Ii! SIN In ~ RICHARD LOONEY I 5.a1l2'"'BERKsHIRE LANE ~ PM~HPJ~icSBtiRG PA 17055 ~'l'g' $ .29 I') ~ C"l~..d f.. 1.00 ~ 5,*,,.1 Dthv"~ fie "tllnClla o.li~.,...h. AIIYln R<<I'Pl S~cw"'Q 1.00 to Whom' 0'1' 0......,.0 R'll..rn ".,.,pl ShOWot'lg10 '^"om, 0".. .nd .Addlt""" Ad~lnl TOTAL POII'\1' $ ",.., pC)itm,rko,O.tl Decerrber 13, 1994 lnld "I lilli' lIVI'! IlIplll j'I\VI'lllPI' III till' 1111"' ,'U !Ill' 'l'HlIll .lIldrll','. , CERTIFIED, Z 193 713 al0 MAIL Z L93 'i'L3 aLL ~ Receipt for Certified Mall _ No Inlurane. Coverege Provided ~.:::a Do not UII tor IntIToltlon.1 Mill 15011 Reverll) ~ 't':1\AALES A CLEMENT JR ~ 1i SfII1g' '&m.ISLE ROAD ~ 'cMP" !I1E'Lc"'PA 17011 ~ ..".,. $ .29 ~ C,llJloldh, If 1.00 ~ 5pee"I[)elrv...r,. 11.111"'1100,11\''''1' r.. ""urn R,cI,pt ShOWll\g 10 Whom' 0... Deh..,,,.d 1.00 ""Uln H'Cllpl ShO,,"lIlQ 10 V'/hom, 0.1., .oa Ada'''...'. Add',.. TOfAl POII'O. $ IFni Postmafk 01 0418 December 13, 1994 r oltt.11 11111' IIVl'f iUllol "ltVl'lllPt' IIi Ihl' fUlllI 01 1Ill! f1'tufn ,uleln",', CERTIFIED Z L93 713 011 MAIL ~ . ROBBRT B. MILLBR, I IN THB COURT or COMMON PLEAS Plaintiff I CUHBBRLAND COUNTY, PBNNSYLVANIA I va. I NO. U67 CIVIL 114 I RICHARD LOONBY, I Defendant I CIVIL ACTION - LAW PRBLIMINARY OBJBCTION ON GROUND or LBGAL INsurrICIBNCY OF PLBADING AND NOW, comes the Defendant, by and through his attorneys, LAW OFFICES OF CRAIG A. DIEHL, and hereby files the following preliminary objection to Plaintiff's Complaint: 1. The promissory note signed by Defendant, as set forth in Exhibit A of Plaintiff's Complaint, does not obligate Defendant to reimburse Plaintiff for any expenses incurred by Plaintiff, specifically, lot rental, repairs, real estate taxes, attorney's fees, and value of Plaintiff's time and labor. Plaintiff has not alleged in said Complaint or averred any other potential theory of recovery to substantiate recovery of the damages allegedly sustained by Plaintiff. WHEREFORE, Defendant asks that said Complaint be dismissed for failure to state a claim upon which relief can be granted. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: January 23, 1995 By: c''-it' 0. tJ~ craig . Diehl, Esquire Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 Attorney for Defendant "~ "h1 . i j /, 1">- '::J 01 . 0 1- "1 y, '5' ~ .--r V) '1 .JL j f' (. er ,.. t. ldO l': Q ~ If) u: ~ en - c{ ~ = , .[ .,~ L. , ,~ l) c5 ,,, (}-:1 0 cJ - ,.-t' Li -::r: ~- ,- J1 \. 0 0 j -1 u') L~ ~ ,,' ~ , .... j ~ 0 u 1 ~\ C,) cJ - ~ -- C '- d '~ Q ..I U r:..