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Home My WebLink About00-05838 _,h ",-.- ~~il~l: Plaintiff : IN tHE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - REPLEVIN :NO'(J6-S2ja-~ JAMES W. WATT V~ SAMUEL E. HOWELL and DANNA L. HOWELL Defendants 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 an 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, Pennsylvania 17013 (717) 249-3166 ,~ -. JAMES W. WATT Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - REPLEVIN : NO. fJV- Sf3J ~ i..u- V. SAMUEL E. HOWELL and DANNA L. HOWELL Defendants COMPLAINT 1. Plaintiff James W. Watt is an adult individual residing in Cumberland County~ 2~ Defendant Samuel E. Howell is an adult individual residing at 20 Slate Lane, Newville, PA 17241. 3~ Defendant Danna L. Howell is an adult individual residing at 20 Slate Lane, Newville, PA 17241. 4. This action in replevin is brought for the return of a motor powered log splitter last located at the Defendants' residence at 20 Slate Lane, Newville, PA 17241. 5. The approximate value of a similar log splitter is $1, 180~00. 6. The Plaintiff in 1999 purchased the component parts for the aforesaid log splitter and made the splitter from these parts~ 7~ The Plaintiff lent the splitter to the Defendants and they have refused to return it to the Plaintiff. 8. The Plaintiff avers that the actions taken by the Defendant, Danna L. Howell, against the Plaintiff, were arbitrary, vexatious and in bad faith and that she pay the Plaintiff's attorney fees. Wherefore, the Plaintiff respectfully requests: ~ " "' ," '.~- ~~! A. that the Court Order the Defendants to return the log splitter, in full operating condition, to the Plaintiff; or B. enter a judgment against the Defendants in the amount of $1,180.00 representing the fair value of the log splitter; C. that the Defendants pay the costs of this matter as well as Plaintiff's attorney fees; and D~ that the Court enter such other Orders as are just and equitable. Respectfully submitted, O'BRIEN, BARIC & SCHERER .-- f::?c)~~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 By J', ...J~ ""- . < ~' , . I verify that the statements made in the foregoing Complaint 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. ~4.A~\. k<).1 D~ JAMES W. WATT Date: ~/~~t7 0 ~o ~ .~~ " '~- , ~ SHERIFF'S RETURN - REGULAR , . CASE NO: 2000-05838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WATT JAMES W VS HOWELL SAMUEL E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says> the within COMPLAINT - REPLEVIN ", was served upon HOWELL DANNA L the DEFENDANT , at 0013:30 HOURS, on the 21st day of September, 2000 at 20 SLATE LANE NEWVILLE, PA 17241 by handing to SAMUEL E. HOWELL a true and attested copy of COMPLAINT - REPLEVIN together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So An;;~~ 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 09/25/2000 O'BRIEN, BARIC Sworn and Subscribed to before By: me this _,~~( aay of (T);;-;;.R. .. .J ~. A. D . 0pt;rhf:~t~'~ ~ ,." ~~,. ,"-"", -, - ~ , 'w..- .~'il. , SHERIFF'S RETURN - REGULAR . CASE NO: 2000-05838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WATT JAMES W VS HOWELL SAMUEL E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon HOWELL SAMUEL E the DEFENDANT , at 0013:30 HOURS, on the 21st day of September, 2000 at 20 SLATE LANE NEWVILLE, PA 17241 by handing to SAMUEL E. HOWELL a true and attested copy of COMPLAINT - REPLEVIN together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff I s ~Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 -~c.?/ ~~ t; ~~/~--l ;; R. Thomas Kline . me this 5'E day of 09/22/2000 O'BR',", BARI,1t, '/fENR By: f)l~ I Deputy Sheriff Sworn and Subscribed to before (J,IJ..LU ;2trzn.) A. D. ~v(l, ~ ~ prothonotary - --~~ " " i - ~~~ ~~..... lI'~~ ~".' ....:.lolltli~, . SHERIFF'S RETURN - REGULAR . CASE NO: 2000-05838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WATT JAMES W VS HOWELL SAMUEL E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon HOWELL SAMUEL E the DEFENDANT , at 0013:30 HOURS, on the 21st day of September, 2000 at 20 SLATE LANE NEWVILLE, PA 17241 by handing to SAMUEL E. HOWELL a true and attested copy of COMPLAINT - REPLEVIN together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~~~ R. Thomas Kline Sworn and Subscribed to before 09/22/2000 O'B",:: BAa;;:: I Deputy Sheriff me this .u~ a.::. day of 1"'1-';; l<..kv-D A. D . q;tu () n,,1PRL_-", ~ P othonotary l~'~"" ~-~" ~ ~ , ~ ~--Ll>...- ~"--,--- ~~ ~ SHERIFF'S RETURN - REGULAR , CASE NO: 2000-05838 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WATT JAMES W VS HOWELL SAMUEL E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon HOWELL DANNA L the DEFENDANT , at 0013:30 HOURS, on the 21st day of September, 2000 at 20 SLATE LANE NEWVILLE, PA 17241 by handing to SAMUEL E. HOWELL a true and attested copy of COMPLAINT - REPLEVIN together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 -9 .00 10.00 .00 25.30 SO ;;~~~~~~'I R. Thomas Kline 09/22/2000 O'BRIEN, BARIC Sworn and Subscribed to before By: me this .;}J, ~ day of _1.,~.2IJviJ A.D. ~, Q~ ~ r thonotary ,