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HomeMy WebLinkAbout02-4780DANIEL S. BAIRD, GINGER DAVIS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - REPLEVIN 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 (800)990-9108 NO T I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 (800)990-9108 DANIEL S. BAIRD, GINGER DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. O2- ,'./"IFC:3 ¢ : CIVIL ACTION - REPLEVIN COMPLAINT IN CIVIL ACTION - REPLEVIN 1. Plaintiff is Daniel S. Baird who resides at 15 Chambersburg Street, Apt. 3, Gettysburg, PA 17325. 2. Defendant is Ginger Davis who resides at 15 Walnut Lane, Camp Hill, PA 17011. 3. On or about August 4, 1997, Plaintiff purchased 1 female Yorkshire Terrier. A copy of the sales invoice is attached hereto as Exhibit 4. In or around October of 2001, Plaintiff contracted to purchase and had delivered to him a "Tens Unit" and 2 Reusable 5220 Elec 16/PK. A ~Tens Unit" is a medical device which electrically stimulates muscles. A copy of an invoice showing the same is attached as Exhibit 5. In or around 1998, Plaintiff purchased a Nikon N50 35 mm camera. 6. In or around 1996 or 1997, Plaintiff purchased a Vivatar 35mm camera. 7. Plaintiff is the rightful owner of 2 Hawaiian shirts given to him by his mother in or around October of 2001. 8. The value of the aforesaid items of personal property is as follows: A. Yorkshire Terrier - $500.00; B. Tens Unit plus 2 Reusable 5220 Elec 16/PK - C. Nikon N50 35 mm camera - $550.00; Vivatar 35 mm camera - $150.00; and E. 2 Hawaiian shirts - $50.00 ($25.00 each) $581.59; 9. Plaintiff believes and therefore avers that Defendant has possession of all of the aforesaid items of personal property. 10. All of the items of personal property set forth above in paragraph 8 and elsewhere are owned by Plaintiff. 11. Plaintiff has demanded that Defendant return each of the aforesaid items of personal property set forth above in paragraph 8 and elsewhere, however, Defendant refuses to do the same. WHEREFORE, Plaintiff requests judgment in Replevin in his favor and against the Defendant for: 1. The possession and delivery of the following items of personal property: A. Yorkshire Terrier; B. Tens Unit plus 2 Reusable 5220 Elec 16/PK; C. Nikon N50 35 mm camera; D. Vivatar 35 mm camera; and E. 2 Hawaiian shirts and also 2. $1,831.59.00 representing the total value of all items of personal property which are the subject matter of this complaint. YOFFE & YOFFE, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 baird\complaint DANIEL S. BAIRD, vs. GINGER DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - REPLEVIN VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: DANIkL S. BAIRD ' -- KEEP THIS SLIP FOR REFERENCE St, Paul, Minnesota 55126 USA RETURN SERVICE REQUESTED Patient Name: Baird Daniel Primary Insurance: NATIONWIDE Secondary Insurance:None listed PAYING BY MASTERCARD~ DrscovER, VISA OR AMERICAN EXPR~ESS, FILL Ou, BE LO~. STATEMEfIT DATE I ACCT. ~ PAY THIS AMOUNT 05/05/02 1962989 $581.59 Page 1 l ~.",~E~.~OUm' $ ~UE UPON RECEIPT Empi, Inc Re. Box 71519 Chicago, tL 60694-1519 [] Please note insurance or address change on the reverse side. ~ PLEASE DETACH AND RETURN TOP PORTION WiTH YOUR PAYMENT Account Number Statei~ent Date ~ Patient Name 1962989 05/05/02 Baird Daniel Number Date Description Amount Payments' Insurance Patient 4793739 02/28/02 REUSABLE 5220 ELEC 16/PK 75.15 02/28/02 Freight 9.10 Original Invoice total: $84.25 03/01/02 Submit to :NATIONWIDE Current Invoice Balance , 84.25 4698089 01/08/02 REUSABLE 5220 ELEC 16/PK 75.15 01/08/02 Freight 9.10 Original Invoice total: $84.25 01/09/02 Submit to :NATIONWIDE Current Invoice Balance 84.25 4698015 10/02/01 EMPI EPIX VT TENS PURCHASE 413.09 Original Invoice total: $413.09 03/04/02 Submit to :NATIONWIDE Current Invoice Balance 413.09 For billing Inquiries please contact your medical billing representative: Jennifer Dye (800)328-2536, extension 8259 PLEASE SEE REVERSE SIDE FOR ADDITIONAL iNFORMATION Balance Due From Patient: $$81.59 Ernpi, Inc- Re. Box 71519- Chicago, IL 60694-1519 110~,5 CJTY, STATE, ZIP KEEP THIS SUP FOR REFERENCE EXHIBIT "A" 61Empi, St. Paul, Minnesota 55126 USA RETURN SERVICE REQUESTED Patient Name: Baird Daniel Primary ~nsurance: NATIONWIDE Secondary Insurance:None listed Cam~ Hil~, PA 17011 05/05/02 $581.59 UE UPON RECEIPT Empi. Inc P.O. Box 71519 Chicago, IL 60694-1519 1962~e9 Account Number ~ --~ Statement Data Patient Name 1962989 05/05/02 Baird Daniel 4793739 02~28,~)2 REUSABLE 5220 ELEC 16/PK 75.15 02/28/02 Freight 9.10 Original Invoice total: $84.25 03/01/02 Submit to :NATIONWIDE Currant Invoice Balance ,. 84.25 469808~ 01/08/02 REUSABLE 5220 ELEC 16/PK 75.18 01/08/02 Freight 9.10 Original Invoice total: $84.25 01/09/02 Submit to :NATIONWIDE Current Invoice Balance 84.25 4698OLS 10/02/01 EMPI EPIX v'r TENS PURCHASE 413.09 Original Invoice total: $413.09 03/04/02 Submit to :NATIONWIDE Current Invoice Balance 413.09 For billing Inquiries p!ease contact your medical billing repreeentat ye: Jennifer Dye (800)328-2536, extension 8259 PLEASE SEE REVERSE SIDE FOR Am)mONAL INFORMATION Balance Due From Patient: $581.59 EmpL Inc.- P.O. Box 7151 g- Chicago. IL 60694-1519 EXHIBIT "B" SHERIFF'S RETURN CASE NO: 2002-04780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAIRD DANIEL S VS DAVIS GINGER REGULAR VAI~ERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon DAVIS GINGER the DEFENDANT , at 2025:00 HOURS, on the 2nd day of October , 2002 at 15 WALNUT LANE CAMP HILL, PA 17011 GINGER DAVIS a true and attested copy of COMPLAINT - by handing to REPLEVIN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 o00 37.66 Sworn and Subscribed to before me this ~- day of Q c~J~ ~ 20~ A.D. thonotary So Answers: R. Thomas Kline 10/04/2002 YOFFE & YOFFE - Sheri f f~"~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANL~. C~VZL ACT[ON NO. 02-4780 1. Admitted in part. Defendant admits that Plaintiff is Daniel S. Baird. Defendant has no knowledge of his present residence. 2. Admitted. 3. After reasonable investigation, Defendant has no personal knowledge regarding Plaintiff's purchase of a dog in 1997. Defendant was not acquainted with PlainUff at that time. 4. After reasonable investigation, Defendant has no personal knowledge regarding Plaintiff's purchase of a tens unit. Defendant does remember Plaintiff bdnging a tens unit to Defendant's home on or about August of 2001. 5. After reasonable investigaUon, Defendant has no knowledge of this purchase, as she was not acquainted with Plaintiff at that time. 6. After reasonable investigation, Defendant has no knowledge of this purchase, as she was not acquainted with Plaintiff at that time. 7. Denied. Defendant has no knowledge of a gift to Plaintiff by his mother in October of 2001. By way of fuiLi~r answer, Defendant does remember Plaintiff bdnging two Hawaiian shirts with him when he moved to 15 Walnut Lane from a nursing home in .July of 2001. 8. A. After reasonable Investigation, denied. Defendant has no knowledge of the present value of the Yorkshire Terrier. B. After reasonable investigaUon, denied, Defendant has no knowledge of the present value of the tens unit. C. After reasonable investigation, denied. Defendant has no knowledge of the present value of the Nikon NS0 35mm camera. D. After reasonable investigation, denied. Defendant has no knowledge of the present value of the Vivitar 35mm camera. E. After reasonable investigation, denied. Defendant has no knowledge of the present value of the 2 Hawaiian shirts. 9. Denied in part, admitted in part. Defendant denies that she has possession of the Yorkshire Terrier, the tens unit and batteries and two Hawaiian shirts. Defendant admits that she has possession of the Nikon N-50 camera and Vivatar camera. 10. Denied in part, admitted in part. Defendant admits that Plaintiff owned the tens unit. After reasonable investigation, Defendant is without sufficient information to form an opinion as to Plaintiff's ownership of the Yorkshire Terrier, Nikon NS0 camera, Vivitar camera and two Hawaiian shirts, and therefore, denies same and demands strict proof at trial. 11. Denied in part, admitted in part. When Plaintiff left Defendant's residence in Nay of 2002, he did not attempt to gain possession of any items left at 15 Walnut Lane. He indicated that he was not interested in regaining possession of the dog, so Defendant took ownership. The dog has since died. The tens unit has been returned to the company that issued it Ix) Plaintiff. This has been vedfied by Plaintiffs attorney. The cameras are being held by Defendant in lieu of bills accumulated by Plaintiff while living at Defendant's home. The shirts are not in the house, and Defendant does not remember seeing them since Plaintiff was removed from the house. Now comes Defendant, Ginger Davis, pro se, and files this counterdaim and in support thereof states: 12. Plaintiff, Daniel A. Baird resided with Defendant from 3uly 2001 until May 2002. During this time Defendant contributed financially to Plaintiff with the understanding and verbal agreement of Plaintiff that he would reimburse her for any and all expenses incurred by her for his obligations. 13. When Plaintiff finally removed himself from Defendant's residence, he refused to reimburse Defendant as he had previously stated. 14. Plaintiff agreed to reimburse Defendant for the following expenses which were incurred by her dudng the period that Plaintiff resided with her: B. C. D. E. F. G. H. Transportation: $ 575.96 Telephone: $ 240.46 Personal expenses: $4790.08 Legal fees: $4076.53 Medical/dental fees: $ 714.00 Prescriptions: Grocery/sundry: Meals out: 866.09 $1956.04 469.01 Attomey pro se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL S. BAIRD, Plaintiff VS. C'WZL ACT[ON - REPLEVZN NO. 02-4780 Civil Term G[NGER DAVIS~ Defendant NOTICE TO PLEAD You are hereby notified to file a wdtten response to the enclosed Defendant's New Matter. You must tak~ action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in wdting with the Court your defenses or objecUons to the claims set forth against you. You are wamed 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 daimed in the Complaint or for any other claim or relief requested by the Defendant. Date:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL S. BAIRD, Plaintiff VS. CIVIL ACTION - REPLEVIN NO. 02-4780 Civil Term GINGER DAVIS, Defendant CERTIFICATE OF SERVICE I, Ginger Davis, hereby certify that I have, on this date, served the below named person by placing a true and correct copy of the foregoing answer and new matter and counterclaim in the U.S. Mail, postage prepaid and addressed as follows: .leffrey N. Yoffe, Esq. 214 Senate Avenue, Suite 203 Camp Hill, PS 17011 Date: Ginger Da~, pFo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL S. BAIRD, Plaintiff VS. CML ACTION - REPLEVIN NO. 02-4780 Civil Term GINGER DAVIS, Defendant Defendant, Ginger Davis, pro se, answers Plaintiff's Complaint as follows: 1. Admitted in part. Defendant admits that Plaintiff is Daniel S. Baird. Defendant has no knowledge of his present residence. 2. Admitted. 3. After reasonable investigation, Defendant has no personal knowledge regarding Plaintiffs purchase of a dog in 1997. Defendant was not acquainted with Plaintiff at that time. 4. After reasonable investigation, Defendant has no personal knowledge regarding Plaintiffs purchase of a tens unit. Defendant does remember Plaintiff bringing a tens unit to Defendant's home on or about August of 200:[. 5. After reasonable investigation, Defendant has no knowledge of this purchase, as she was not acquainted with Plaintiff at that time. 6. After reasonable investigation, Defendant has no knowledge of this purchase, as she was not acquainted with Plaintiff at that time. 7. Denied. Defendant has no knowledge of a gift to Plaintiff by his mother in October of 2001. By way of fiJ,~er answer, Defendant does remember Plaintiff bdnging two Hawaiian shirts with him when he moved to 15 Walnut Lane from a nursing home in July of 2001. 8. A. After reasonable investigation, denied. Defendant has no knowledge of the present value of the Yorkshire Terrier. B. After reasonable investigation, denied. Defendant has no knowledge of the present value of the tens unit. C. After reasonable investigation, denied. Defendant has no knowledge of the present value of the Nikon N50 35mm camera. D. After reasonable investigation, denied. Defendant has no knowledge of the present value of the Vivatar 35mm camera. E. After reasonable investigation, denied. Defendant has no knowledge of the present value of the 2 Hawaiian shirts. 9. Denied in part, admitted in part. Defendant denies that she has possession of the Yorkshire Terder, the tens unit and batteries and two Hawaiian shirts. Defendant admits that she has possession of the Nikon N-50 camera and Vivatar camera. 10. Denied in part, admitted in part. Defendant admits that Plaintiff owned the ~ens unit. After reasonable investigation, Defendant is without sufficient information to form an opinion as to Plaintiff's ownership of the Yorkshire Terder, Nikon N50 camera, Vivatar camera and two Hawaiian shirts, and therefore, denies same and demands strict proof at trial. 11. Denied in part, admitted in part. When Plaintiff left Defendant's residence in May of 2002, he did not attempt to gain possession of any items left at 15 Walnut Lane. He indicated that he was not interested in regaining possession of the dog, so Defendant took ownership. The dog has since died. The tens unit has bc~n returned to the company that issued it to Plaintiff. This has been vedfied by Plaintiff's attorney. The cameras are being held by Defendant in lieu of bills accumulated by Plaintiff while living at Defendant's home. The shirts are not in the house, and Defendant does not remember seeing them since Plaintiff was removed from the house. NEW MATTER Now comes Defendant, Ginger Davis, pro se, and files this counterclaim and in support thereof states: 12. Plaintiff, Daniel A. Baird resided with Defendant from July 2001 until May 2002. During this Ume Defendant contributed financially to Plaintiff with the understanding and verbal agreement of Plaintiff that he would reimburse her for any and all expenses incurred by her for his obligations. 13. When Plaintiff finally removed himself from Defendant's residence, he refused to reimburse Defendant as he had Previously stated. Date: 14. Plaintiff agreed to reimburse Defendant for the following expenses which were incurred by her dudng the period that Plaintiff resided with her: B. C. D. E. F. G. H. Transportation: $ 575.96 Telephone: $ 240.46 Personal expenses: $4790.08 Legal fees: $4076.53 Medical/dental fees: $ 714,00 Prescriptions: Grocery/sundry: Meals out: $ 866.09 $1956.04 $ 469.01 Total: $13,688.17 Attorney pro se DANIEL S. BAIRD, VS. GINGER DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-04780 : : CIVIL ACTION - REPLEVIN PLAINTIFF'S RESPONSE TO DEFENDANT,S COUNTERCLAIM 12. Denied. Ginger Davis never asked Daniel S. Baird to reimburse or promise to reimburse her for any alleged expenses. 13. Denied there was every any agreement for any reimbursement. 14. Denied that Daniel S. Baird ever represented he would reimburse Ginger Davis for any expenses. WHEREFORE, Daniel S. Baird requests tlhat the counterclaim of Ginger Davis be dismissed and that Daniel S. Baird be granted the relief requested in his complaint. baird\response to counterclaim YOFFE & YOFFE, P.C. ~FF~EY~. Y~,~-ESQUIRE Attorney for Daniel S. Baird 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975.-1838 Attorney ID No. 52933 DANIEL S. BAIRD, VS. GINGER DAVIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - REPLEVIN VERIFICATION I hereby state that I am an adult ind[ividual who is authorized to make this verification and that the facts set forth in the foregoing response to counterclaim are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DANIEL 8. B~IRD '~ DANIEL S. BAIRD, VS. GINGER DAVIS, Plaintiff Defendant : IN THE CO[~T OF COMMON PLEAS OF · CUMBERLAND cOUNTY, PENNSYLVANIA · NO. 2002-04780 · CIVIL ACTION - REPLEVIN CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served a copy of the foregoing response by first class United States Mail on the below individual. Service was accomplished by mailing the same to the address indicated. Ginger Davis 15 Walnut Lane Camp Hill, PA 17011 Date: November 5, 2002 YOFFE & YOFFE, P.C. ~F~RE~ N~ yO~F~, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933