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Home My WebLink About01-04087ROBIN K. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - ~,{~ GLENN BURGESS, Defendant NO. ~0 - 4783 CIVIL TERM NOTICE YOU DAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 wazned 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 170]3 Phone: (717) 249-3166 ROBIN K. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, EQUITY ACTION~I~V GLENN BURGESS, No. ~/- ~BDP'7 ~'L"' Defendant 4444 ,,,, COMPLAINT IN EOUITY NOW COMES Robin Jones, by and through privately retained counsel, Katl E. Rominger, Esquire, and requests this Court enter a Bill in Equity ordering the return of properties detained and in support of avers as follows: REPLEVIN Robin Jones is an adult individual with her address formerly at 2B West Springville Road, Boiling Springs, Pennsylvania up and until May 20, 2001. 2. The defendant is Glenn Burgess who resides at 2B West Springville Road, Boiling Springs, Pennsylvania. 3. Plaintiff and defendant lived as an unmarried domestic unit in that apartment from approximately December of 1999, until May 20, 2001. 4. Plaintiff went on vacation and upon her return discovered the locks had been changed. 5. Defendant Glenn Burgess has provided some personal effects to Plaintiff but continues to hold her property, which belongs to plaintiff. 6. Plaintiff has substantial property at the residence and wishes to obtain return of the same. Property includes multiple personal effects, appliances including a dryer, a refrigerator, TV stand, a large collection of miniature and collectible bears and teddy bears, and many various and other sundry items, including but not limited to, those attached as Exhibit "A". 8. Defendant maybe, upon information and belief, selling, disposing of and/or otherwise encumbering the properties of plaintiff. 9. Plaintiff is without any adequate remedy at law to effectuate immediate return of these items so that she can carry on her life and/or prevent the waste and encumbrance of the same. WHEREFORE, Plaintiff respectfully requests that this Court hold a hearing and enter an order in replevin of items attached as Exhibit "A" and such other items as plaintiff may be able to identify. Respectfully submitted, ~// -~~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Plaintiff ROBIN K. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. EQUITY ACTION LAW GLENN BURGESS, No. Defendant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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. 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OJT ~ / J / L~ C~'/,~;.. l LjrJ'~{->!' ~ l l~i.t ^~ Z VZ-:. ! ! / /~.( ~V~~ ~ :~I LLL/Z GL.:iYLA~..) /ca~JP~.{ .. 4'/f'lL1 t.4J°!`' 1.~"''L ~vU~'}~~ ~i~ .L .T'~2 ~'~ L~P~ l1 ,. _ ~~ir.~C z~ ., 2~2 Y _ - _ ---- ------ - - . _ . _._ _ _ ~ _ --_ __ . __ _ - _.. r~?i/7ll~Cc~ /'k'~~c%-,S i~2~ti~~~-I~ u-`cam - >?Cl~~ ~ /~~z-c r~~`~<-:/1c?u --- '//~J J /~ AA ~~ /y//,~ /j (//, ~( / ._ .... _ _ . _. .. _. 'Y.. KY_"'~ ... ~N:'.v -./ ,=LN~- -~P.LG_4„~~ 4~L~~GC~._!/L~ ~Y _.~ ~ SrY --W'!E/~ ~~ , / ~. ~ ,q f~ ~, ~/ ..__~(_,~il ~Y-l-• ~GNl1c~~ /:/.t~~-' J---~i_~i~..:~C~LG~C~ ~~`/`Cl~l~"/' t, _.~ . _~iii2e._Jt7~'~c j nn ~ _ ._. T-.._..-_ .. _.., ~l Lp~I~~.'~, ~ ..- _'vx CG2J i_l G~Glite~i~ _ ~ _~._... --- -__ . . r~- ~ ~ < C`L~~'<~.~~'i'_ "G~r.2~~{G~`~''`-. .._!t2!:G,~',G~l...~. -~`L~~G4(it_~~~`>~C~_lG~/~~L~.~fLL~~_,__. __---_._ __...__ _ .;,lh'1~ . ccryz~ ~/iZln~~~?~i~~~~:~r f?~G~u~.~.~:~-~`/-G'~C~C~.. _---~____-~._________.__._ i - _. =-~., /L'lbCi'l.-L-~i: :. L~L_t..w.V_--_'_ciC.LGc=ys~~ ..-•~-~ _._.. _-.._._ ....__._- f_..___ .. _... . _- _.._ ._ ..-.. _-_.____--_.._.___~_~__. v_ ~_ ._.___ __-__ .. a _.. 1,_ _ _ - __.___ .~. __.~ ___ . J d _ . _ _____ - -- -~~1~-~'L_... ~C[~.C~r --~z~~~ia-__f~'.L_~~~ sbc . <z'/`~,. <,.~~~~f G!' ~zc,...~~G'd~'__ - ~ ~ _~ _ _._-._... -- _ _ _... __ _ ~ _..__ . _m. __.___ .._~.. _ _ r JUL 0 2 2001 _ n ROBIN K. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. EQUITY ACTION LAW GLENN BURGESS, No. y0~7 -U~ Defendant ORDER OF COURT AND NOW, this day of , ?001, a hearing is scheduled for the _ day of , at o'clock _ m. in Courtroom # ! at the Cumberland County Courthouse in Carlisle, Pennsylvania in consideration of the within Motion for a Preliminary Injunction. J. Distribution: Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 Glenn Burgess 2B West Springville Road Boiling Springs, PA 17007 ROBIN K. JONES, Plaintiff v. GLENN BURGESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EQUITY ACTION LAW No. ~ ~: m;; rr', Va -;: ~~ MOTION FOR A PRELIMINARY INJUNCTION `~~ `-- i c t 7L `~ r ~: AND NOW COMES Robin Jones, by and through privately retained counsel, Karl E. ;_: ~.; ,; { Rominger, Esquire, and moves for a preliminary injunction against Glenn Burgess, prohibiting him from selling or encumbering any of her personalty or other items now at 2B West Springville Road, Boiling Springs, Pennsylvania or such other locations as they maybe and in support of avers as follows: Plaintiff has filed a renlevin action, which is incorporated by reference. Plaintiff has information and belief that defendant is encumbering, removing, destroying or selling personal items, which would be subject to the replevin action. (Exhibit "A") Plaintiff has been locked out of her own primary residence and has been unable to return for any substantial amount of time to take inventory, look at items, or determine the extent of her personalty is still there. 4. Plaintiff is suffering irreparable harm, and her only material assets may become encumbered exposed of. Plaintiff will be greatly aided by the ability to at least enter the property and inventory and catalog the various items there pending underlying litigation. 6. Pending resolution of the underlying action, plaintiff would be aided by an order of court enjoining Glenn Burgess from disposing of, encumbering, or otherwise destroying, or selling any of her property. WHEREFORE, plaintiff respectfully requests that this Court temporarily enjoining Glenn Burgess from further encunbering her property, removing any from the premises, selling, destroying, or otherwise disposing of in any way said personalty until the replevin suit is resolved and further that this Court enter an order allowing a right of inspection and inventory so that Plaintiff may secure a list of those items present at the Boiling Springs residence and elsewhere. Respectfully submitted, _. ~' ~ z _..-~~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Dear Robin 6!29/01 I have not heard from you concerning your financial obligations, or removal of your belongings. You have acknoviledged your obligations and simply refused to take responsibility for them at you; last contact here last week. Xou leave me no options. Some of your belongings will'be on the carport at 2B West Springville Road on Sazurday 6/30/01. All of your belongings on the carport, including your stub in the attic area above the carport, must be removed between 9:00 AM and 2:00 PM nn Saturday, 3une 30, 2001. Any and all items retnaiaring will be disposed of at your expense. Do not bring anyone)[ do not know personai~ to assist in the removal oCthese items, except a verifiable mover. Any property remaining, except that mentioned above, wiA kept, used (you know that word) and be credited towards your debt. I will leave a detailed list of those items and credits with your stuff on the Carport on 6/30/01. Other property not kept and ui;ed, will be sold and you will be credited, to sarisfy the balance of your debt. Any property not kept and credited or sold and credited must be .removed at your expense and at my convenience by 7/0~/Ol. Any of those items not removed, by drat date, will be disposed of at your expense. Sincarely, Glenn Burgess CC: Michael Rentschler I / I / ~~ /`-7 m ROBIN K. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. EQUITY ACTION LAW GLENN BURGESS, No. Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion for n Preliminary Injunction upon the following by hand delivery: Glenn Burgess 2B West Springville Road Boiling Springs, PA Karl E. Rominger, Esquire Attorney for Plaintiff Dated: July 2, 2001 ... , ROBIN K. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -EQUITY GLENN BURGESS, Defendant NO.O1-4087 EQUITY TERM IN RE: MOTION FOR A PRELIMINARY INJUNCTION BEFORE OLER, J. ORDER OF COURT AND NOW, this 3`d day of July, 2001, upon consideration of Plaintiff's complaint in replevin, and Plaintiff s motion for a preliminary injunction, and for the reasons stated in the accompanying opinion, the action is transferred to the law side of the court and the motion for a preliminary injunction is denied, without prejudice to Plaintiff's right to seek preliminary relief in the form of a writ of seizure to the extent permitted by Pennsylvania Rules of Civil Procedure 1075 et seq., and to pursue a separate action in equity to the extent permitted by Pennsylvania Rule of Civil Procedure 1079.1. BY THE COURT, Karl E. Rominger, Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~~ ~::;~~~11 _.. Glenn Burgess 2B West Springville Road Boiling Springs, PA 17007 Defendant, Pro Se :rc ROBIN K. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -EQUITY GLENN BURGESS, Defendant NO. 01-4087 EQUITY TERM IN RE: MOTION FOR A PRELIMINARY INJUNCTION BEFORE OLER J. OPINION and ORDER OF COURT OLER, J., July 3, 2001. In this replevin action Plaintiff is seeking the return of certain personal property which she alleges is being wrongfully withheld by Defendant, with whom she formerly resided. The action was filed in equity. For disposition at this time is a motion for a preliminary injunction filed by Plaintiff. The motion requests that the court temporarily [enjoin Defendant] from further encumbering her properly, removing any from the premises [where he continues to reside], selling, destroying, or otherwise disposing of in any way said personalty until the replevin suit is resolved and further that [the court] enter an order allowing a right of inspection and inventory so that Plaintiff may secure a list of those items present at the .. . residence and elsewhere.l For the reasons stated in this opinion, the motion for a preliminary injunction will be denied, without prejudice to certain other rights of Plaintiff. ~ Pl.'s Mot. Prelim. Inj. at 2. DISCUSSION A replevin action is an action at law rather than in equity. See McCarthy v. Bank, 283 Pa. Super. 328, 336 n.2, 423 A.2d 1280, 1284 n.2 (1980); Pa. R.C.P. 1071-1088. "Actions at law cannot be a procedural vehicle for equitable relief. There is no authority in the Pennsylvania Rules of Civil Procedure for equitable relief in a civil action at law." Sandoval v. Maliver, 145 Pa. Commw. 439, 447 n.4, 603 A.2d 695, 699 n.4 (1992) (motion for preliminary injunction in action at law said to be violative of Rules of Civil Procedure). On the other hand, the Rules of Civil Procedure do afford special protection to a plaintiff in a replevin action, in the form of a writ of seizure, in appropriate circumstances. See Pa. R.C.P. 1075 et seq. In addition, the Rules do not preclude the institution of a separate action in equity where warranted. See Pa. R.C.P.1079.1. Based upon the foregoing, the following order will be entered: ORDER OF COURT AND NOW, this 3`d day of July, 2001, upon consideration of Plaintiff s complaint in replevin, and Plaintiff's motion for a preliminary injunction, and for the reasons stated in the accompanying opinion, the action is transferred to the law side of the court and the motion for a preliminary injunction is denied, without prejudice to Plaintiff's right to seek preliminary relief in the form of a writ of seizure to the extent permitted by Pennsylvania Rules of Civil Procedure 1075 et seq., and to pursue a separate action in equity to the extent permitted by Pennsylvania Rule of Civil Procedure 1079.1. 2 BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Karl E. Rominger, Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Glenn Burgess 2B West Springville Road Boiling Springs, PA 17007 Defendant, Pro Se :rc 3 :,~, ROBIN K. JONES, Plaintiff v. . GLENN BURGESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EQUITY ACTION LAW No. ~l ~ ~`7 0 ~ O l ORDER OF COURT AND NOW, this day of the day of , at o'clock 2001, a hearing is scheduled for m. in Courtroom # at the Cumberland County Courthouse in Carlisle, Pennsylvania in consideration of the within Motion for a Preliminary Injunction. J. Distribution: Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 Glenn Burgess 2B West Springville Road Boiling Springs, PA 17007 ROBIN K. JONES, Plaintiff v. GLENN BURGESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EQUITY ACTION LAW No. ol- Y08~ MOTION FOR A PRELIMINARY INJUNCTION AND NOW COMES Robin Jones, by and through privately retained counsel, Karl E. Rominger, Esquire, and moves for a preliminary injunction against Glenn Burgess, prohibiting him from selling or encumbering any of her personalty or other items now at 2B West Springville Road, Boiling Springs, Pennsylvania or such other locations as they maybe and in support of avers as follows: Plaintiff has filed a replevin action, which is incorporated by reference. 2. Plaintiff has information and belief that defendant is encumbering, removing, destroying or selling personal items, which would be subject to the replevin action. (Exhibit "A") Plaintiff has been locked out of her own primary residence and has been unable to return for any substantial amount of time to take inventory, look at items, or determine the extent of her personalty is still there. 4. Plaintiff is suffering irreparable harm, and her only material assets may become encumbered exposed of. Plaintiff will be greatly aided by the ability to at least enter the property and inventory and catalog the various items there pending underlying litigation. 6. Pending resolution of the underlying action, plaintiff would be aided by an order of court enjoining Glenn Burgess from disposing of, encumbering, or otherwise destroying, or selling any of her property. WHEREFORE, plaintiff respectfully requests that this Court temporarily enjoining Glenn Burgess from further encumbering her property, removing any from the premises, selling, destroying, or otherwise disposing of in any way said personalty until the replevin suit is resolved and further that this Court enter an order allowing a right of inspection and inventory so that Plaintiff may secure a list of those items present at the Boiling Springs residence and elsewhere. Respectfully submitted, - J Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Dear Robin 6/29/01 I have not heard from you concerning yow ftoancial obligations, or removal of yow belongings. You have acknoviledged your obligations and simply refused to take responsibility fox them at youK last contact here last week. Xou leave me no options. Some of your belongings will'be on the carport at 2B West Springville Road on Saturday 6/30/01. Alt of yow belongings on the carport, including yow stuff in the attic area above the carport, must be removed between 9:00 AM and 2:04 PM on Saturday, lone 30, 2001. Any and all items remaining will be disposed of at yow expense. Do not bring anyone I do Waif know personally to assist in the remova! of these items, except a vetiliable mover. i Any property remaining, except that rttentioned above, will kepi, used (you know that word) and be credited toward3 yow debt. I will Leave a detailed list of those items and credits with your stuff on the Carport on 6130/01. Other property not kept end used, will be sold and you will be credited, to satisfy the balar~e of your debt. Any property not kept and credited or sold and credited must be removed at your expense and at my convenience by 7/0~/Ol. Any of those items not removed, by that date, will be disposed of at your expense. i Sincerely, Glenn Burgess CC: Michael Remschler ROBIN K. JONES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, EQUITY ACTION LAW GLENN BURGESS, No. Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion for a Preliminary Injunction upon the following by hand delivery: Glenn Burgess 2B West Springville Road Boiling Springs, PA ~~ Karl E. Rominger, Esquire Attorney for Plaintiff Dated: July 2, 2001