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HomeMy WebLinkAbout03-0989Lorraine (Androwick) Haas Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA Robert Cassel, Defendant · NO. 03- ~ J"~ CIVIL T _I~M~ · CIVIL - LAW ~ NOTICE TO DEFEND AND C~IM .... ,~ .. ~.~ 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 of 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 Lorraine (Androwick) Haas Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA v. ' NO. 03- 9 ~? CiVil TERM Robert Cassel, Defendant · CIVIL - LAW COMPLAINT IN REPLEVIN AND NOW COMES the plaintiff, Lorraine (Androwick) Haas, by and through her attorneys, TURO LAW OFFICES, and does respectfully represent the following: 4. 5. 6. 7. 8. 9. The Plaintiff is an adult individual, whose mailing address is P. O. 454, New Bloomfield, Perry County, PA 17068. The Defendant, Robert Cassel, is an adult individual, currently residing at 12 East Front Street, Shiremanstown, Cumberland County, PA 17011. Plaintiff, Lorraine Haas, was living with Robert Cassel pursuant to a lease agreement. Plaintiff and Defendant planned to become married. Plaintiff stored several items of personal property in Mr. Cassel's house. On or about October 20, 2002 Plaintiff Haas went to visit her family for three (3) days, and when she returned to the house, she was told to leave. Plaintiff attempted to remove her property from the house and an altercation ensued. Plaintiff Haas has been unable to reclaim her property after many attempts. The property to be replevied is as follows: a. Hand stained armoire b. Large floor model TV c. 13" TV d. Comcast digital boxes (2) e. 15" TV f. VCR's (2) g. 1 Boom box h. CD's i. Kitchen decorations, pictures, porcelain plates j. Crystal plates and cups k. Big potted plants (1 outside and 2 yellow & purple) I. Recipe books m. An Inspirational book by Melodie Beatly n. Andrew Wyeth picture o. Family portrait of Plaintiff at wedding p. Family collage (framed pictures) q. Various antiques, 2 teapots, frames r. Man at dinner picture s. Sconces- brass eagle, pair with glass globes t. Tax papers for the past 5 years, checkbooks u. Birth Certificate v. Marriage Licenses w. Divorce Certificates x. Personal Journal y. 6 or 7 boxes of Books z. Business papers-late husband's aa. Wedding rings (in red box no top) -late husband's bb. Jewelry in first drawer of bureau, earrings, bracelets cc. Pictures in first drawer of bureau dd. Sweaters in second drawer of bureau ee. Jeans in third drawer of bureau ff. Bedside table gg. Milk lamp hh. Medications and cosmetics ii. 1 queen bed with box and mattress jj. 1 lingerie drawer kk. 1 hand stained sheet and blanket chest, blankets and sheets II. Clothes - summer and winter in green bags mm. Shoes mm.1 Dining table with claw feet & etching nn. 6 chairs around the table oo. outside white chairs pp. pots outside qq. Bakers stand in kitchen rr. 1 microwave stand ss. kitchen stuff- meat thermometer, percolator, fondue pot tt. 6 overstuffed queen and king size pillows uu. quilts - green and plaid, towels vv. fur coat and winter suits ww. summer shoes and clothes - 4 boxes xx. brushes, hair ornaments yy. perfumes, toiletries zz. telephone stand aaa. 1 Jaguar-title in Plaintiff's possession bbb. 1 wicker rocker ccc. 1 washer & dryer ddd. 2 air conditioners eee. 1 bottle of Sambucca in crystal container iff. 1 bottle Skyy Vodka ggg. 2 wicker baskets hhh. iii. jj.i. kkk. III. mmm. nnn. 000. PPP. qqq. rrr. SSS. ttt. UUU. VW. WWW. XXX. boxes of medication - regular medications 2 tall burgundy shaded lamps 2 regular crystal lamps with new shades 1 small refrigerator located in business garage 1 freezer chest collectible tea pot, creamer, sugar stand old ornaments & porcelain Dolls Baby Crib and Antique Dolls 2 Christmas wreathes 2 runners 1 bisset oriental - small runner 2 red runners 1989 Tiffany Lamp - orange & brown 1 antique turquoise lamp Dining Room decorations 2 music boxes meditation box 10. 11. 12. 13. Most of the aforementioned property is located in the garage except for some of the larger items that are located in the house. Most of the property is packed in boxes because Plaintiff was in the process of moving. Because of the large amount of property, Plaintiff is willing to help identify her property. The personal property holds a great amount of sentimental and personal value, and Plaintiff feels the property is priceless. However, if the property were to be sold, Plaintiff estimates it's value in excess of $65,000. WHEREFORE, Plaintiff, Lorraine (^ndrowick) Haas, demands return of her property. Respectfully Submitted, TURO LAW OFFICES Date Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Replevin are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICI= I hereby certify that I served a true and correct copy of the Complaint in Replevin upon R. Mark Thomas, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the ~'"~'~ day of ,/~,~,-~ ., 2003, from Carlisle Pennsylvania, addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 TURO LAW OFFICES Daniel D. Worley, E~quire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Lorraine (Androwick) Haas, Defendant, to proceed in form~ ~ris. I, Daniel D. Worley, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. Respectfully Submitted TURO LAW OFFICES Date Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Defendant in the above matter and because of my financia condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. Address: Social Security Number: b. If you are presently ,employed, state Employer: / Address: Salary or wages per month: 7.~'/, Type of work: If you are presently unemployed, state Date of last employment: Salary or wages per month: ._,4~ ~,~.--~,, r~ ,/,~..~. Type of work: Other income within the past twelve months Business or profession: Other self-employment: /g"l/~- Interest: /V'/~ Dividends: eo Pension and annuities: /~/'//~ Social Security benefits: /~ ~ ~ Support payments: :.~///q- Disability p. ayments: ~1, ._5'~'~ - Unemployment compensation and Supplemental benefits: Workman's compensation: Public Assistance: Other: Other contributions to household s/upport Wife/Husband Name: /v'/ If your Husband/Wife is emploYed, state: Employer: / Salary or wages per month: Type of work: ./v~ Contributions from children: Property owned ///~ Cash: Checking Account: N/' /, Savings Account: Certificates of Deposit:--/ /V 0 Real Estate (including home): Motor vehicle: Make /~/~ Cost Stocks; bonds: Other: /V 0 Year /c'd g~:2 Amount owed Debts and obligations Mortgage: /v//~ Rent: ~¢'¢ ~,~ /7),/~'- Loans: go Monthly Expenses: ~ 00. ~-¢>..,,' Z2 C~-~ ~: Persons d~Pe~ent upon you for suppo~ Wife/Husband Name: /~/~ / Children, if any: Name: Age: Name: Age: Name: Age: 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S §4904, relating to unsworn falsification to authorities. Lorraine (Androwick) Haas Plaintiff V. Robert Cassel, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBER]LAND COUNTY, PENNSYLVANIA · NO. 03-98!) CIVIL TERM ' CIVIL - LAW MOTION FOR WRIT OF SEIZURE AND NOW COMES, the Plaintiff, Lorraine (Androwick) Haas, by and through her attorney, Turo Law Offices, and does respectively represent the following: 1. Plaintiff, Lorraine (Androwick) Haas, is an adult individual whose mailing address is P.O. Box 454, New Bloomfield, Perry County', Pennsylvania, 17068· 2. Defendant, Robert Cassel, is an adult individual currently residing at 12 East Front Street, Shiremanstown, Cumberland Count, PA 1'7011. 3. On March 5, 2003 Plaintiff filed a Complaint in Replevin requesting return of her property which Defendant, Robert Cassel, is holding. 5. 6. 7. Defendant was served on March 11, 2003. The property has not been returned as of March 17, 2003. Plaintiff requests a Writ of Seizure to secure her property. Plaintiff is proceeding In Forma Pauperis and cannot afford to post bond. WHEREFORE, the Plaintiff requests this Honorable Court schedule a heating regarding issuance of a Writ of Seizure. Respectfully submitted, Date Daniel D. Wofley, Esqmre Turo Law Offices 28 South Pitt St. Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Lorraine (Androwick) Haas Plaintiff Robert Cassel, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBER]LAND COUNTY, PENNSYLVANIA · NO. 03-98'9 CIVIL TERM · CIVIL - LAW NOTICE OF HEARING FOR SEIZURE OF PROPERTY To: Robert Cassel You are hereby notified that Plaintiff has commenced an action of replevin and has filed a motion for seizure of the property described in the Complaint· A copy of the Complaint and Motion is attached to his notice; 2. There will be a heating on this motion on the __ day of ,2003. o You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be sized; Your failure to appear the hearing may result in the seizure of the property claimed by Plaintiff before a final decision in this case. 5. Plaintiff is Lorraine (Androwick) Haas 6. Attorney for Plaintiff is Daniel D. Worley, Esquire Lorraine (Androwick) Haas Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA V. - NO. 03- ~)~'~ CIVIL TERM Robert Cassel, · CIVIL I_AW o NOTICE TO DEFEND AND CLAIM RIGHT~; .~; :-~ .~ ;7 -Ti YOU HAVE BEEN ~UED IN GOURT. If you wi~h to defend against the olaim~ ~et fo~h in th8 following page~, you mu~t take action within ~en~ (20) day~ affar thi~ Gomplaint and Notice are ~ewad, by enteflng 8 wri~en appearano8 pemonally or by 8~orney 8nd filing in writing with the Gou~ your defen~e~ or objeotion~ to the daim~ 5et fo~h against you. You 8re warned that if you fail to do ~o the oa~e may prooeed without you and a judgment may be entered against you by the ~ou~ without fu~her notice for any money olaimed in th8 ~omplaint of for any other olaim or relief requested by the Plaintiff. You may Io~e money or pmpe~ or other right~ impo~ant to you. YOU SHOULD TAKE THIS PAPER TO YC)UR LAVVYER 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) 249-3'166 Lorraine (Androwick) Haas Plaintiff Vo Robert Cassel, Defendant · IN THE COURT Of COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03- q,,e~ CIVIL TERM · CIVIL - LAW COMPLAINT IN REPLEVIN AND NOW COMES the plaintiff, Lorraine (Androwick) Haas, by and through her attorneys, TURO LAW OFFICES, and does respectfully represent the following: 1. The Plaintiff is an adult individual, whose mailing address is P. O. 454, New Bloomfield, Perry County, PA 17068. 2. The Defendant, Robert Cassel, is an adult individual, currently residing at 12 East Front Street, Shiremanstown, Cumberland County, PA 17011. 3. Plaintiff, Lorraine Haas, was living with Robert Cassel pursuant to a lease agreement. 4. Plaintiff and Defendant planned to become married. 5. Plaintiff stored several items of personal property in Mr. Cassel's house. 6. On or about October 20, 2002 Plaintiff: Haas went to visit her family for three (3) days, and when she returned to the: house, she was told to leave. 7. Plaintiff attempted to remove her property from the house and an altercation ensued. 8. Plaintiff Haas has been unable to reclaim her property after many attempts. 9. The property to be replevied is as follows: a. Hand stained armoire b. Large floor model TV c. 13" TV d. Comcast digital boxes (2) e. 15" TV f. VCR's (2) g. 1 Boom box h. CD's i. Kitchen decorations, pictures, porcelain plates j. Crystal plates and cups k. Big potted plants (1 outside and 2 yellow & purple) I. Recipe books m. An Inspirational book by Melodie Beatly n. Andrew Wyeth picture o. Family portrait of Plaintiff at wedding p. Family collage (framed pictures) q. Various antiques, 2 teapots, frames r. Man at dinner picture s. Sconces- brass eagle, pair with glass globes t. Tax papers for the past 5 years, checkbooks u. Birth Certificate v. Marriage Licenses w. Divorce Certificates x. Personal Journal y. 6 or 7 boxes of Books z. Business papers-late husband's aa. Wedding rings (in red box no top) -late husband's bb. Jewelry in first drawer of bureau, earrings, bracelets cc. Pictures in first drawer of bureau dd. Sweaters in second drawer of bureau ee. Jeans in third drawer of bureau ff. Bedside table gg. Milk lamp hh. Medications and cosmetics ii. I queen bed with box and mattress jj. 1 lingerie drawer kk. 1 hand stained sheet and blanket chest, blankets and sheets II. Clothes - summer and winter in green bags mm. Shoes mm.1 Dining table with claw feet & etching nn. 6 chairs around the table oo. outside white chairs pp. pots outside qq. Bakers stand in kitchen rr. 1 microwave stand ss. kitchen stuff- meat thermometer, percolator, fondue pot tt. 6 overstuffed queen and king size pillows uu. quilts - green and plaid, towels vv. fur coat and winter suits ww. summer shoes and clothes -- 4 boxes xx. brushes, hair ornaments yy. perfumes, toiletries zz. telephone stand aaa. 1 Jaguar- title in Plaintiff's possession bbb. CCC. ddd. eee. iff. ggg. 1 wicker rocker 1 washer & dryer 2 air conditioners 1 bottle of Sambucca in crystal container 1 bottle Skyy Vodka 2 wicker baskets hhh. Ill. jjj. kkk. III. mmm. nnn. OOO. pPP. qqq. rrr. SSS. ttt. UUU. VVV. WW~JV. XXX. boxes of medication - regular medications 2 tall burgundy shaded lamps 2 regular crystal lamps with. new shades 1 small refrigerator located in business garage 1 freezer chest collectible tea pot, creamer, sugar stand old ornaments & porcelain Dolls Baby Crib and Antique Dolls 2 Christmas wreathes 2 runners I bisset oriental - small runner 2 red runners 1989 Tiffany Lamp - orange & brown 1 antique turquoise lamp Dining Room decorations 2 music boxes meditation box 10. Most of the aforementioned property is. located in the garage except for' some of the larger items that are located in the house. 11. Most of the property is packed in boxes because Plaintiff was in the process of moving. 12. Because of the large amount of property, Plaintiff is willing to help identify her property. 13. The personal property holds a great amount of sentimental and personal value, and Plaintiff feels the property is priceless. However, if the property were to be sold, Plaintiff estimates it's value in excess of $65,000. WHEREFORE, Plaintiff, Lorraine (Androwick) Haas, demands return of her personal property. P, espectfully Submitted, TURO LAW OFFICES Date Daniel D. Wodey, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Replevin are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~ ," i .,."' ,~",..; ~:, ~ ~. i/ ~., o_~ :' ,-h..X ~,~;~ V b.'-4'~-''~ c.l yi~. Date/ '~ "Lorraine (A~Srowick) Haa~ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion for Seizure of Property upon Robert Cassel, by depositing samE; in the United States Mail, first class, postage pre-paid on the /~'''~' day of _~k/o,-(../~ , 2003, from Carlisle, Pennsylvania, addressed as follows: Robert Cassel[ 12 East Front Street Shiremanstown, PA 17011 TURO LAW OFFICES Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, ]?A 17013 (717) 245;-9688 Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00989 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAAS LORRAINE ANDROWICK VS CASSEL ROBERT DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon CASSEL ROBERT the DEFENDANT , at 12 EAST FRONT STREET at 1825:00 HOURS, on the llth day of March , 2003 SHIREMANSTOWN, PA 17011 by handing to ROBERT CASSEL a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 8 97 00 10 00 00 36 97 Sworn and Subscribed to before me this i ~ day of ~~ ~(ED~ A.D. So Answers: R. Thomas Kline 03/12/2003 DANIEL WORLEY Deputy Sheriff Lorraine (Androwick) Haas Plaintiff Vo Robert Cassel, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-989 CIVIL TERM : : CIVIL - LAW ORDER OF COURT AND NOW, this ~t~S"~day of ,/~~X. ., 2003, upon consideration of the Motion for Seizure of Property, said Motion is hereby GRANTED. A Hearing is scheduled for the r~dayof~ ,2003. (~ /;,,~ ~. ~o ~~~~ Co. Co,.,,.t~o..t ~/ U~./,'~ I~, Co,.~t,,o,.~ _q. BY THE COURT, Date J. LORRAINE (ANDROWICK) HAAS, Plaintiff Ve ROBERT CASSEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-989 CIVIL TERM : : CIVIL - LAW NOTICE TO PLEAD TO: Lorraine (Androwick) Haas c/o Daniel D. Worley, Esquire You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. R. Mark Thomas, Esquire Attorney for Defendant ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 LORRAINE (ANDROWICK) HAAS, Plaintiff Ve ROBERT CASSEL, Defendant ANSWER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-989 CIVIL TERM : : CIVIL - LAW AND NEW MATTER AND NOW comes the defendant, Robert Cassel, by and through his attorney, R. Mark Thomas, Esquire, and files this Answer in response to the plaintiff's Complaint: 1. Denied. Defendant is without sufficient information following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 2. Admitted. 3. Denied. Plaintiff was living with the defendant pursuant a relationship with the defendant whereby the parties intended to be married. This relationship ended in September 2002 and the defendant allowed plaintiff to remain at the defendant's residence rent free while she looked for a residence of her own. 4. Admitted in part, denied in part. It is admitted only that prior to September 2002 the parties planned to get married. Since September 2002 there have been no plans for marriage, the relationship was over, and plaintiff stayed in a separate room in defendant's house rent free out of simple kindness on the part of the defendant. 5. Admitted. 6. Denied. Defendant is without sufficient information following reasonable investigation to either affirm or deny the allegation that plaintiff visited her family and therefore same is denied and strict proof thereof demanded at time of trial. By way of further answer, plaintiff, upon return from her excursion had already determined to leave defendant's residence and was packing some of her things when defendant first encountered her at his house. 7. Admitted in part, denied in part. It is admitted that sometime in late October the plaintiff removed various items of her property from the defendant's house with the defendant's permission. It is denied that an altercation ensued. In fact, due to prior actions of plaintiff the defendant had contacted the local police who came to the defendant's residence and remained there at the defendant's request while the plaintiff removed her items. 8. Denied. The defendant did not hear from the plaintiff until he was sent a letter dated February 12, 2003 by plaintiff' s counsel in which plaintiff was demanding return of all of her property. 9. (a- xxx). Admitted in part, denied in part. It is admitted that some of the items listed in Paragraph 9 do belong to plaintiff and are in defendant's residence or garage. Those specific items are as follows: (a) (b) (c) (d) (e) (g) A four piece pine bedroom suit with an appraised value of $120.00. A pine cedar lined chest with an appraised value of $60.00. A color portable TV with an appraised value of $40.00 A color console TV with an appraised wflue of $30.00. A pine double door cabinet with an appraised value of $80.00. A reproduction round oak table with an appraised value of $150.00. A set of four oak chairs with an appraised value of $40.00 per chair for a total value of $160.00 (h) A dilapidated wicker chair which defendant did not have appraised. (i) Several boxes of unknown items in defendant's garage. Value unknown. The defendant has no knowledge of the other items listed in Paragraph 9 and therefore strict proof thereof is demanded at time of trial. By way of further answer, the defendant specifically denies that the following items are either owned by the plaintiff or located at the defendant's residence: (a) 1984 Jaguar which is titled in the defendant's name only. (b) A washer and dryer which the plaintiff left at her previous residence. (c) Two air conditioners which were given to Annette Hassle, who helped the plaintiff pack items at her previous residence. (d) Several boxes of items located in the defendant's garage, ~ the contents of which defendant has no knowledge. All the remaining items remaining in the plaintiff's Paragraph 9; the defendant has no information, knowledge or belief with regard to any of those items and therefore demands strict proof thereof at time of trial. 10. Denied. The plaintiff and defendant rented a 10 foot wide by 20 foot deep by 10 foot high storage area at Capital Storage on Trindle Road in Mechanicsburg at which was located most of the plaintiff's property. area in January 2003. Plaintiff removed all of those items from the Capital Storage 11. Admitted in part, denied in part. It is admitted that there is property belonging to plaintiff packed in boxes at the defendant's residence, but the defendant denies having any knowledge as to what this property consists of. 12. No answer required. 13. Denied. Defendant has knowledge with regard only to those items that are in the defendant's residence and which the defendant had appraised by a local auctioneer. The total value of those items is $640.00. WHEREFORE, defendant prays this Honorable Court will deny plaintiff's request for return of any personal property in the defendant's possession. NEW MATTER 14. Paragraphs 1 through 13 are incorporated herein as if set forth at length. 15. In 2001 the defendant's wife was murdered by their son who also stabbed the defendant several times. 16. The defendant was seriously injured and spent a long time in the hospital following the receipt of the stab wounds. 17. Upon his release from the hospital the defendant remained incapacitated and unable to work for a few months. In July 2002 the defendant and the plaintiff were introduced and developed a 18. relationship. 19. The plaintiff and the defendant intended to get married and the plaintiff moved into the defendant's residence and bringing with her several pieces of furniture and several boxes which were stored in the defendant's garage. 20. As a result of the injuries suffered from the prior attack the defendant's condition remained unstable and he was scheduled to undergo additional abdominal surgery in the late summer of 2002. 21. Prior to undergoing this surgery the defendant executed a general Power of Attorney naming the plaintiff as his agent so that his affairs could be taken care of during the time that he was in the hospital and recuperating at home. 22. Although it was discussed between the parties, the defendant specifically refused plaintiff's request for the issuance of a credit card under defendant's credit account with the plaintiff' s name on the card. 23. Despite this understanding the plaintiff contacted the defendant's credit card company and unbeknownst to the defendant had a credit card issued under the defendant's account in her name as "Lorraine Cassel". 24. During the next several months the plaintiff used this credit card without permission from the defendant and without his knowledge. 25. It is believed and therefore averred that during the time that plaintiff claimed she was visiting her family she in fact used this credit card to purchase approximately $100.00 of liquor from the Tally Ho Liquor Store in Wilmington, Delaware. 26. Altogether, the plaintiff fraudulently used lhe defendant's credit to obtain approximately $2400.00 in credit for which the defendant is being compelled to pay by his credit card issuer. 27. During the time that defendant was either in the hospital or recuperating at home following surgery the plaintiff removed $800.00 in cash frorn the defendant's residence and without the defendant's permission. 28. During the time while the plaintiff was in the hospital or recuperating at home following surgery the plaintiff took possession the defendant's original Coca Cola cooler with a value of $250.00 without permission from the defendant. 29. When the plaintiff placed her dining room set with four chairs in the defendant's residence the plaintiff and defendant placed his oak dining room table with six chairs in the storage rental at Capital Storage. This table and chairs were removed by the plaintiff in January 2003 and remain in the possession of the plaintiff. WHEREFORE, defendant requests that the plaintiff be compelled to return to him the oak dining room table with six chairs and the Coca Cola cooler. Respectfully submitted, R. Mark Thomas, Esquire ID//41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100 CERTIFICATE OF SERVICE,. I, R. Mark Thomas, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by hand-delivering a copy of same to: Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 R. Mark Thomas, Esquire 101 S. Market St. Mechanicsburg, PA 17055 Date: April2~, 2003 Lorraine (Androwick) Haas Plaintiff Robert Cassel, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND CO~TY, PENNSYLVANIA · NO. 03-989 C1VIL TERM · CIVIL- LAW .ORDER OF COURT AND NOW, this ~ day of ~ _, 2003, upon consideration of the Motion for Continuance, said Motion is hereby GRANTED and the Hearing is continued generally· Date BY THE COURT, Lorraine (Androwick) Haas Plaintiff Robert Cassel, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-989 CIVIL TERM · CIVIL - LAW ,MOTION FOR CONTINUANCF 1. A hearing concerning Motion for Seizure of Property iS scheduled for April 7, 2003 at 1:30 PM in Courtroom #5. 2. The parties are in the process of settling the dispute. 3. Plaintiff, Lorraine (Androwick) Haas, is unable to attend the hearing because of injuries she sustained when she fell down steps at her home. 4. Counsel for Defendant does not oppose the continuance. WHEREFORE, the Plaintiff requests this Honorable Court continue the hearing generally. Date Respectfully submitted, Turo Law Offices 28 South Pitt St. Carlisle, PA 17053 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICF I hereby certify that I served a tree and correct copy of the Motion for Continuance upon R. Mark Thomas, Esquire, by depositing same in the United States Mail, first class, postage pre- paid on the ~4,~ day of /~r;[ ,2003, from Carlisle, Pennsylvania, addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 TURO LAW OFFICES Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Lorraine (Androwick) Haas Plaintiff V. Robert Cassel, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-989 CIVIL TERM · CIVIL- LAW REPLY TO DEFENDANT'S NEW MATTER AND NOW COMES, the Plaintiff, Lorraine (Androwick) Haas, by and through her attorney, Turo Law Offices, and files this Reply to Defendant's New Matter: 14. No response required. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Denied. By way of further answer, Defendant's credit card became unusable because the strip on the back had worn away. Defendant requested that Plaintiff call the credit card company and request another card. When Plaintiff called the credit card company, Defendant was present. Plaintiff asked Defendant if she should have a card in her name since they were planning on becoming married. Defendant told Plaintiff to order her card but instead of using her maiden name to use the name Lorraine Cassel, because it was assumed they would be married within the next few weeks· 23. Admitted in part and denied in part. It is admitted that a card was issued to Lorraine Cassel. It is categorically denied that the issuance of the credit card was unbeknownst to the Defendant. 24. 25. 26. 27. 28. 29. Denied. Plaintiff is without sufficient information following a reasonable investigation to either affirm or deny this allegation and therefore is denied and strict proof is demanded at time of trial. Denied. Plaintiff is without sufficient information following reasonable investigation to either affirm or deny this allegation and therefore is denied and strict proof is demanded at time of trial. Denied. Plaintiff is without sufficient information following reasonable investigation to either affirm or deny this allegation and therefore is denied and strict proof is demanded at time of trial. Denied. Plaintiff specifically and categorically denies removing $800 in cash from Plaintiff' s residence. Denied. Plaintiff denies removing Plaintiff's Coca Cola cooler. Admitted in part and denied in part. By way of further answer, Plaintiff is in possession of Defendant's table and one (1) chair. The remaining five (5) chairs that belonged to Defendant were disposed of in the garbage when Plaintiff and Defendant were still in the relationship. WHEREFORE, the Plaintiff prays this Honorable Court will deny Defendant's request to have his Coca Cola cooler returned to him; and, FURTHER requests this Honorable Court to compel Defendant to return Plaintiff's property to her. Respectfully submitted, Date Daniel D. Worley, l~squire Turo Law Offices 28 South Pitt St. Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE. I hereby certify that I served a true and correct copy of the Reply to Defendant's New Matter upon R. Mark Thomas, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the ~ day of /~ri/ ., 2003, from Carlisle, Pennsylvania, addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 TURO LAW OFFICES Daniel D. Worley, Es{luire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Lorraine (Androwick) Haas Plaintiff Robert Cassel, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBEILLAND COUNTY, PENNSYLVANIA : : NO. 03-989 CIVIL TERM : : CIVIL - LAW MOTION FOR HEARING ON PLAINTIFF'S COMPLAINT IN REPLEVIN AND NOW COMES, the Plaintiff, Lorraine (Androwick) Haas, by and through her attorney, Turo Law Offices, and does respectively represent the following: 10. Plaintiff, Lorraine (Androwick) Haas, is an adult individual whose mailing address is P.O. Box 454, New Bloomfield, Perry County, Pennsylvania, 17068. Defendant, Robert Cassel, is an adult individual currently residing at 12 East Front Street, Shiremanstown, Cumberland Count, PA 17011. On March 5, 2003 Plaintiff filed a Complaint in Replevin requesting return of her property which Defendant, Robert Cassel, is holding. Defendant was served on March 11, 2005. Fearing the property would be disposed e~fby Defendant, Plaintiff filed a Motion For Writ of Seizure on March 18th 2003. A hearing regarding the Writ of Seizure was scheduled for April 7, 2003. On April 3, 2003 Defendant served on Plaintiff an Answer and New Matter, admitting that certain items of Plaintiff's property remained in his possession. Plaintiff was unable to attend the scheduled April 7, 2003 hearing because she fell down the steps at her residence and required medical attention. Counsel for Plaintiff and Defendant were desirous of settling the dispute without a hearing, so upon Plaintiff's motion, the hearing for Writ of Seizure was continued generally. On April 22, 2003 Plaintiff filed a timely Reply to Defendant's New Matter. 11. 12. 13. 14. 15. Plaintiffprepared a draft agreement to return property and provided it to counsel for Defendant. Defendant has refused to sign the agreement to remm property. Counsel for Plaintiff, in the interest of judicial economy and seeing no need at this time for two hearings, one for a Writ of Seizure and one on the Complaint in Replevin petitioned for the appointment of arbitrators to hear the Complaint in Replevin. It was related to Counsel for Plaintiff that the President Judge would prefer that this matter not be assigned to arbitration Plaintiff has, by Praecipe, withdrawn the Motion for Writ of Seizure and Petition for Appointment of Arbitrators. WHEREFORE, the Plaintiffrequests this Honorable Court schedule a heating regarding Plaintiff's Complaint in Replevin. Respectfully submitted, Date Dmfiel D. Worley, Esgl'uire Taro Law Offices 28 South Pitt St. Carlisle, PA 17013 (71 '7) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVlCF I hereby certify that I served a true and correct copy of the Motion for Hearing on Plaintiffs Complaint in Replevin upon R. Mark Thomas, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the ~-ZT~ day of ,,) o ~ ,2003, from Carlisle, Pennsylvania, addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 TURO LAW OFFICES Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Lorraine (Androwick) Haas Plaintiff Robert Cassel, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-989 : : CIVIL - LAW CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw the Motion for Writ of Seizure in the above-captioned matter or behalf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES Date Daniel D. Worley, EsqUire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Lorraine (Androwick) Haas Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAh v. : NO. 03-989 CIVIL TERM Robert Cassel, Defendant : CIVIL - LAW PRAECIPE TO THE PROTHONOTARY: Please withdraw the Petition For Appointment of Arbitrators in the above- captioned matter on behalf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES -z.¥ - 0.5 Date Daniel D. Wodey, EsquiFe 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Lorraine (Androwick) Haas Plaintiff Robert Cassel, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : NO. 03-989 CIVIL TERM : CIVIL - [,AW ORDER OF COURT AND NOW, this-~ day of ,2003, upon receipt and review o the Motion for Hearing on Plaintiff's Complaint in Replevin, a heating is scheduled on the ,~' day of ~ , 2003 at/.il~ ~ ~ .m. in Courtroom No. ~-' of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, LO :§ t~J¥ ~l/l~lfl[' ~0 Lorraine (Andmwick) Haas Plaintiff Robert Cassel, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-989 CIVIL TERM : CIVIL - LAW PRAECIPE TO THE PROTHONOTARY: The parties have reached an agreement in the above-captioned matter. Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES Date Danie D Worl ~ ey, Esquire 28 South Pitt Street Cadisle, PA 17013 (717) 245-9688 Attorney for Plaintiff