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KEN MILLER AND JANE MILLER v. SAMUEL JACKSON (01/27/82)

submitted: January 27, 1982.

KEN MILLER AND JANE MILLER
v.
SAMUEL JACKSON, APPELLANT



No. 1250 Philadelphia, 1981, Appeal from the Order of the Court of Common Pleas of Bradford County, Pennsylvania, Civil Division at No. 80-7514.

COUNSEL

Robert J. Beirne, Athens, for appellant.

Ken and Jane Miller, Sayre, appellees, in pro. per.

Wieand, Cirillo and Popovich, JJ.

Author: Popovich

[ 299 Pa. Super. Page 87]

This is an appeal filed from an order denying appellant's petition for counsel fees and preliminary objections to appellees' complaint. Because the appeal is interlocutory, we quash.

The facts are undisputed. On November 26, 1980, appellees filed their complaint in assumpsit demanding judgment in the amount of $1,000.00 principal, plus interest, in the amount of $1,400.00, and continuing interest at the rate of 10% per month to the date of judgment. Attached to the complaint was the following note which formed the basis of the instant dispute:

"On September 21, 1979 I Samuel D. Jackson barrowed [sic] ($1000) one thousand dallors [sic] from Ken Miller and Jane Miller.

The money will be paid back with ten percent interest (10%) in one month.

Amount paid back will be one thousand one hundred dollars ($1,100)[.]

/s/ Samuel Jackson".

[ 299 Pa. Super. Page 88]

Thereafter, appellant filed preliminary objections requesting that the complaint be dismissed because it demanded usurious interest in violation of Pennsylvania's usury statute and requesting counsel fees, as provided for by certain sections of the statute.*fn1 After argument on the preliminary objections (during which counsel for appellees stipulated that he was willing to accept simple six per cent interest), appellant filed separately a "PETITION FOR COUNSEL FEES" demanding that the court award ...


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