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HomeMy WebLinkAbout97-03755 "1 <( .::i - ~ ~ .3 .., '> ! ~ }. ., , ~ 4. On or about June of 1990, Judy M, Darr and Joel D. Woolums moved to a new joint residence located al 55 Slpe Road in Carlisle, Pennsylvania, 5. On or about February 7, 1997, Plaintiff removed herself from the joint residence after an alleged Incident of domestic violence, 6. At the direction of the Pennsylvania State Police, Plaintiff only removed her clothing from the joint residence. 7. During the period of time which the parties maintained a joint residence, Plaintiff brought her personal items to furnish the joint residence. A true and correct copy of a list of Plaintiffs personal items subject to this action are attached hereto as Exhibit A. 8. Additionally, during the period of time which the parties maintained a joint residence, Plaintiff purchased several items which were stored at the joint residence. A true and correct copy of a list of Plaintiffs personal items subject to this action are attached hereto as Exhibit A. 9. Tille, right of property, and right of possession to the personal items, as set forth in Exhibit A, were and still are in the Plaintiff, having acquired title thereto by purchase of said items from various auctioneers and merchants. 10. After February 7, 1997, Defendant obtained possession of the property set forth in Exhibit A, being so as aforesaid the property of the Plaintiff and being the property replevied in this action, and without any right to said possession either as owner, bailee, or otherwise, and in spite of repeated demands by the bailee upon him '1 .' ITEMS GOAT CART WOOD DRESSER EGG CARRIER KEROSENE STOVE BLACK PLATFORM FLOOR SCALES CANE SEAT ROCKING CHAIR GUTSHALL THERMOMETER 2 SMALL RED STOOLS DOUGH MIXER SMALL ALUMINUM MILK PAIL SMALL MILK PAIL KNIFE SHARPENER TIN FLOUR SIFTER DIETZ GRAY LANTERN RED GLASS MAN'S GRAY HAT SHAVING STRAP 2 STRAIGHT RAZORS WHITE SOAP DISH RED & WHITE BASIN RED & WHITE COMB CASE JAR FULL OF MARBLES WOOD CHAIR ANTIQUE SEWING MACHINE PAINTED WATER CAN BUCK SAW 1 MAN SAW LONGBERGER BASKET PAINTED 2 MAN SAW LARGE BLACK & WHITE BASIN SMALL BLACK & WHITE BASIN BLACK PLAQUE HORSE & PLOW WOODEN PAINTED PLAQUE 4 MUGS WITH SCENES RED IRON WHEELBARROW DOUBLE BLACK HANGING LAMB HOLDER 2 HARRISBURG DAIRIES MILK BOTTLES LARGE BLUE CORN MEAL GRINDER CHERRY SEEDER ROD IRON PAPER TOWEL HOLDER APPLE PEELER DRAW KNIFE LARGE 2 DOOR CUPBOARD SCANNER LARGE SLAW BOARD GREEN KITCHEN SCALES COFFEE MILL CIGARETTE CUTTER ALADDIN KERO LAMP W/BLACK BRACKET EGG SCALE FEED SCOOP SMALL WOOD PULLEY JUDY M. DJ\RR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA petitioner, v. NO. 97-3755 CIVIL TERM JOEL D. WOOLUMS, Respondent. CIVIL ACTION-EQUITY ANSWER TO COMPLAINT AND NOW COMES, Respondent, JOEL D. WOOLUMS, by and through his attorney, Gerald S. Robinson, Esquire and Robinson & Geraldo, and avers that he has a full, just and complete defense to the Petitioner's claim whereof the following is a statement: 1. The averment in Paragraph 1 is admitted. 2. The averment in Paragraph 2 is admitted. 3. The averment in Paragraph 3 is admitted. 4 . The averment in Paragraph 4 is denied. Mr. Woolums states the Petitioner and Respondent moved to a joint residence on or about April of 1990. 5. The averment in Paragraph 5 is admitted. 6. The averment in paragraph 6 is admitted. 7. The averments in Paragraph 7 are admitted in part and denied in part. Mr. Woolums admits that the parties maintained a joint residence. He denies that Ms. Darr's personal items were brought to furnish the joint residence, but were used to help furnish the residence. Mr. Woolums also denies that the list attached to the Complaint as Exhibit A is true and correct. 8. The averments in Paragraph 8 are admitted in part and denied in part, While it is admitted that the parties shared a joint residence, it is denied that the items that were purchased by the Petitioner. Instead, Mr. Woolums alleges that joint monies were used to make such purchases. The Respondent also denies that the list attached as Exhibit A is true and correct. 9. The averment in Paragraph 9 is denied. The Respondent maintains that the purchased items were purchased with joint monies. 10. The averment in Paragraph 10 is admitted in part and denied in part. The respondent admits he kept some items from Exhibit A, the truth and correctness of this list is denied by the Respondent. WHEREFORE, Respondent, Joel D. Woolums respectfully requests that this Honorable Court enter an Order that does not grant the damages for unjust detention of property, cost of suit and counsel fees. COUNTERCLAIM 11. Paragraphs 1 through 10 of the Respondent's Answer are incorporated herein by reference. 12. The Respondent seeks one-half of the cost of living, rent, and utilities from March 1988 through February 1997. 13. The Respondent seeks the fair market value of stabling the Petitioner's horses from April 1992 through February 1997. 14. The respondent seeks the cost of repairing damages to the residence walls where the pettioner hung things. 5. On or about February 7, 1997, Petitioner summoned the Pennsylvania State Pollee to the joint residence after the Respondent slammed the Petitioner against a wall in the joint residence. 6. Petitioner at the direction of the Pennsylvania State Police, Petitioner was instructed to remove her clothing and remove herself from the joint residence. 7. Since on or about February 7, 1997, the parties hereto have been living separate and apart and Petitioner has attempted to resolve the outstanding issue of her retrieval of her personal property from the joint residence but to date, has been unable to effectuate a resolution with the Respondent. 8. Petitioner is the sole owner of certain items of personal property still situated at the joint residence and has filed a complaint sounding in replevin. A true and correct copy of the complaint is attached hereto, and made part hereto, and marked as Exhibit A. A true and correct copy of those items which are the subject of this Petition for Special Relief are listed and attached hereto as Exhibit B. 9. Petitioner has been denied possession of her personal property, as set forth on exhibit B, by the Respondent since the date of their separation on or about February 7, 1997. 10. Since the date of separation and at times unknown to Petitioner, the Respondent by himself and through unknown accomplices did without notice or cause remove, hide and or convey away the personal belongings of the Petitioner. 11. Since the date of separation Respondent has continually threatened to remove, hide and/or convey away the personal property belonging to the Petitioner. By selling and/or concealing, removing or alienating said items of personalty, Respondent has wrongfully, intentionally, and maliciously prevented Petitioner from exercising her rights and ownership interest in said Items of personalty in order to defeat Petitioner's claim for the retum of said property, 12. As Petitioner has attempted on numerous occasions to avoid the situation which has now arisen, it has become apparent that no informal or formal agreement absent an Order of this Court will suffice to prevent future actions by the Respondent. 13, The Petitioner will therefore suffer, and is suffering immediate and irreMable harm due to Respondent's improper appropriation and removal of Petitioner's property and/or threatened sale of the same to persons unknown. 14. The issuance of the preliminary injunction is reasonably suited to abate Defendant's wrongful and inequitable conduct. 15. The issuance of the preliminary injunction will not cause undue inconvenience or loss to the Defendant but will prevent irreparable injury to Plaintiff and the failure to grant said injunction will result in greater injury to Plaintiff than may come to Defendant as a result of the granting of said injunction. 16. Plaintiff has no adequate or effective remedy at law to redress the harm and Injury that will be caused by Defendant's unauthorized and inequitable actions. 17. Plaintiff is likely to succeed in proving at trial that Defendant's activities are actionable and enjoinable. 18. Respondent refuses, after repeated demands, to refrain from said conduct or to return to Petitioner her items of personalty. This court has the power to issue a Preliminary Injunction without notice or hearing to the Respondent pursuant to Pennsylvania Rule of Civil Procedure 1531 (a). WHEREFORE, Petitioner, Judy M. Darr, requests equitable relief as follows: A. That an injunction be issued preliminarily until hearing, and finally thereafter, enjoining Respondent from disposing, transferring, encumbering, concealing, selling, removing or alienating any personalty of the Petitioner as set forth herein in Exhibit B; B. That your Honorable Court issue an Order requiring an accounting of-items removed from the joint residence, and that judgment be given to the Petitioner against Respondent for monies of property due Petitioner as shown by said accounting and that no further disposition, transferring, encumbering, concealing, selling, removing or alienating take place without further Order of this Court; C. That all property belonging to and being the sole property of the Petitioner be immediately delivered to Petitioner; D. Such other relief as your Honorable Court may deem appropriate; and 4. On or about June of 1990, Judy M. Darr and Joel D. Woolums moved to a new joint residence located at 55 Slpe Road in Carlisle, Pennsylvania. 5. On or about February 7, 1997, Plaintiff removed herself from the joint residence after an alleged incident of domestic violence. 6. At the direction of the Pennsylvania State Pollee, Plaintiff only removed her clothing from the joint residence. 7. During the period of time which the parties maintained a joint residence, Plaintiff brought her personal items to furnish the joint residence. A true and correct copy of a list of Plaintiffs personal Items subject to this action are attached hereto as Exhibit A. 8. Additionally, during the period of time which the parties maintained a joint residence, Plaintiff purchased several items which were stored at the joint residence. A true and correct copy of a list of Plaintiffs personal items subject to this action are attached hereto as Exhibit A. 9. litle, right of property, and right of possession to the personal items, as set forth in Exhibit A. were and still are in the Plaintiff, having acquired title thereto by purchase of said items from various auctioneers and merchants. 10. After February 7, 1997, Defendant obtained possession of the property set forth in Exhibit A, being so as aforesaid the property of the Plaintiff and being the property replevied in this action, and without any right to said possession either as owner, bailee, or otherwise, and in spite of repeated demands by the bailee upon him GRASS SEEDER LARGE HANGING SCALES SMALL HANGING SCALES WASH BOARD FLOOR LAMP 2 REO COKE GLASSES 6 WOOD SHELVES APPLE BUTTER STIRRER 2 HANGING CANDLE LIGHTS COAL IRON-BLACK RED HANDLE STRAIGHT RAZOR SHARPENER FOOT STOOL WOOD HAY FORK SMALL SLAW BOARD WOOD PADDLE SINGLE TREE BLACK & WHITE SPITTOON 2 POT BELLY STOVE LIGHTS 2 VACUUM CLEANERS SEARS&FIL TER QUEEN BLACK IRON PLAQUE HORSE&BUGGY PAINTED WOOD SLED RED&WHITE COFFEE POT CIGAR MOLD TIN STEAMER LARGE BLACK KETTLE SMALL GRAY POT SHORT BROOM COAL SHOVEL IRON TRIVET 2 FOLDING WOOD TAPE MEASURES STORE CANDY SCALES WOOD PLANE WHITE CROCK JUG KNICK KNACK SHELVES SMALL TIN TRAY CHAMBER BUCKET SMALL BLACK&WHITE GRANITE PAN FILE CABINET WOOD CORN SHELLER HOME INTERIOR PICTURE SET OF ROSE PRINT DISHES MISC, POTS&PANS AND OTHER HOUSEHOLD ITEMS AFGHANS BARN ITEMS REG SORREL QTR HORSE WHITE BUCKSTITCH SADDLE&BRIDLE FORKS & SHOVELS FLATBED WAGON LARGE METAL CONTAINER HAY SAWDUST DOUBLE WASH TUBS SILAGE FORK P, JUDY M. DARR, Petitioner, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.97-3755 CIVIL TERM CIVIL ACTION-EQUITY JOEL D. WOOLUMS, Respondent. ANSWER TO PETITION FOR SPECIAL RELIEF-INJUNCTION AND NOW, comes the Respondent, Joel D. Woolums, by and through his attorney, Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, and answers the Petition For Special Relief-Injunction as follows: 1. The averment in paragraph 1 is admitted. 2. The averment in paragraph 2 is admitted. 3. The averment in paragraph 3 is admitted. 4 . The averment in paragraph 4 is denied. The Respondent states that to the contrary the date Judy Darr and Joel Woolums moved to a new joint residence was on or about April of 1990. 5. The averment in paragraph 5 is denied. 6. The Respondent is without knowledge as to the truth of the matter asserted, therefore the averment is neither admitted or denied. 7. The averment in paragraph 7 is denied. The Respondent states that at the Petitioner's request he was spending the night with the Petitioner at her request from March 19, 1997 through May 30, 1997. The Respondent considers the property to be joint in ownership. 8. The averment in paragraph 8 is denied. The Respondent does not consider the Petitioner the sole owner of the property and also disputes the veracity of the items listed on Petitioner's Exhibit B. 9. The averment in paragraph 9 is denied. The Respondent does not consider the Petitioner the sole owner of the items listed as Petitioner's Exhibit B. 10. The averment in paragraph 10 is denied. The Respondent does admit, however, to moving the horse, which was later returned. 11. The averment in paragraph 11 is denied. 12. The averment in paragraph 12 is denied. The Respondent has attempted to settle this situation since February 7, 1997, but the Petitioner has refused. 13. The averment in paragraph 13 is denied. 14. The averment in paragraph 14 is denied. 15. The averment in paragraph 15 is denied. The issuance of the preliminary injunction will cause harm to the Respondent. The house in which the Respondent resides in (which is not owned by the Petitioner) had been sold prior to the issuance of the preliminary injunction. The Respondent must move his things from the house by August 24,1997 to fulfill his end of the agreement. 16. The averment in paragraph 16 is neither admitted nor denied. 17. The averment in paragraph 17 is neither admitted nor denied. 18. The averment in paragraph 18 is both admitted and denied. The Respondent admits the court has the power to issue a Preliminary Injunction without notice or hearing. The Respondent is working through his counsel for resolution of this matter. JUDY H. DARR, Plaintiff III TilE COUR'l' 01' COI.MON PLEAS OF CUNBERLAND COUUTY, PENNSYLVANIA v. CIVIL ACTION - EQUITY JOEL D. NOOLUHS, Defendant NO. 97-3755 EQUI~'Y 'l'EHN AND NOW, this ORDER OF COURT i <i ILday of September, 1997, upon consideration of the attached letter from Peter J. Russo, Esq., attorney for Plaintiff, the hearing previously scheduled for October 20, 1997, is CANCELLED. BY TilE COURT, / . / ;: .."t. //~ (./ /'/ / ~~~ r//, J., Peter J. Russo, Esq. 61 West Louther Street Carlisle, PA 17013 Attorney for Plaintiff/Petitioner . Gerald S. Robinson, Esq. .- c..'jJ.:C4 ()''A...Gd. P.O. Box 5320 9/;1.~jq1. 4407 North Front Street ~,t'. lIarrisburg, PA 17110 Attorney for Defendant/Respondent :rc t" ,. ,., _. ~ -' ." ./'> , -:.' I .-,,, rl:rt Ci';,. 'l) ,.' ..'; .".,~, '<:J ...' ""'-.J '~~(-" r.~: \. .4.' ,': ;i1 ):; ':'"". :10, ")t"") ;; ~:~ ~.} ~--Im ~I ~~"; ?il :~ '" "<