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HomeMy WebLinkAbout03-2793Attorney Michael J. Wilson 816 Derby Avenue (717) 774-7018 Camp Hill PA 17011-8367 (717) 774-7019 (fax) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE c/o Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 Plaintiff V. BRIAN THOMAS TRIMBLE Cumberland County Prison Carlisle PA 17013 Defendant Owner -and- Civil AcfionNo. NATIONAL PROPERTIES, INC. COMPLAINT IN THE NATURE OF 31 General Warren Blvd. ACTION OF REPLEVIN Malvem PA 19355 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 Credit Union Place Harrisburg PA Defendants in Possession SCI PENNSYLVANIA FUNERAL SERVICES d/b/a Rolling Green Cemetery Company 1811 Carlisle Road Camp Hill PA 17011 GARY L. PECK 5231 Norlh Salem Church Road Dover PA 17315 Indispensable Parties NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES YOU MUST TAKE ACTION WITHING TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED ON YOU 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 OF FOR ANY 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 OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE c/o Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 Plaintiff V. BRIAN THOMAS TRIMBLE Cumberland County Prison Carlisle PA 17013 Defendant Owner -and- Civil Action No. NATIONAL PROPERTIES, INC. 31 General Warren Blvd. Malvem PA 19355 COMPLAINT IN THE NATURE OF ACTION OF REPLEVIN PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 Credit Union Place Harrisburg PA Defendants in Possession SCI PENNSYLVANIA FUNERAL SERVICES d/b/a Rolling Green Cemetery Company 1811 Carlisle Road Camp Hill PA 17011 GARY L. PECK 5231 North Salem Church Road Dover PA 17315 Indispensable Parties -1- COMPLAINT IN THE NATURE OF ACTION OF REPLEVIN AND NOW COMES Nancy $. Chavez (bereinaRer "ADMINISTRATRIX") of thc captioned Estate and requests that the Honorable Court in this action for an order granting all rights of immediate possession and exclusive rights and interests in legal title of the personal property of Defendant Brian Thomas Trimble (hereinafter "TRIMBLE"), now in the possession of Defendants in Possession, NATIONAL PROPERTIES INC., (hereinafter "LANDLORD") and PENNSYLVANIA STATE EMPLOYEES CREDIT UNION (hereinafter "PSECU"), And further requests that the Honorable Court in this action for an order granting all rights of immediate possession and exclusive rights and interests in legal title of the real property burial lots in which the body of Decedent is interned and in furtherance thereof has joined the named Indispensable Parties captioned above SCI PENNSYLVANIA FUNERAL SERVICES, d/b/a Rolling Green Cemetery Company (hereinafter "ROLLING GREEN") and GARY L. PECK (hereinafter "PECK" or "FATHEW') for reasons more specifically set forth herein below, And further requests that the Honorable Court in this action for an order divesting TR1MBLE of all legal and possessory fights and interests in such property And in support thereof ADMINISTRATRIX avers that: BACKGROUND 1. On January 10, 2003, Decedent, Randi Lee Trimble, a/k/a Randi Lee Peek, was murdered at her residence at 221 Wood Street, East Pennsboro Township, Cumberland County, Pennsylvania -2- 2. On or about May 8, 2003, TRIMBLE admitted to law enforcement officials that he was culpable in the murder of Decedent. 3. TRIMBLE was arrested and charged with multiple crimes, to include the murder of Decedent, and was incarcerated in the Cumberland County Prison. 4. ADMINISTRATRIX is the mother of Decedent and was appointed to her fiduciary position by the Register of Wills for this Court of Common Pleas following the renunciation by TR1MBLE prior to his arrest and incarceration and the voluntary renunciation of the FATHER of Decedent. 5. Decedent died intestate, leaving no known Last Will and Testament. 6. Decedent died in possession and title of certain property, both real and personal, the disposition of which property shall be made by and through the Estate of Randi Lee Trimble (hereinafter "ESTATE") pursuant to the intestacy laws of the Commonwealth of Pennsylvania. 7. The real property of Decedent was ritled solely in her name and was the marital residence at all times relevant herein. 8. The personal property at issue herein constitutes both tangible and intangible property. v. NATIONAL PROPERTIES INC 9. On or about March 15, 2003, certain tangible personal property was removed from the marital residence by TRIMBLE, with assistance of members of his family and placed in the apartment unit owned and operated by LANDLORD with an address of Apt. #5 Valley Forge, -3- East Willow Street, Village Green Apartments, Elizabethtown, Lancaster County, Pennsylvania and such property remains in the possession of LANDLORD at the present time. A list of tangible personal property removed from the marital residence and now in the possession of LANDLORD is attached and incorporated herein. 10. Certain intangible personal property, in the minimum amount of $20,000, was removed from the joint accounts of Decedent and TRIMBLE at PSECU which existed at the moment of Decedent's death and such amounts were used by TRIMBLE following the murder of Decedent to purchase for himself a variety of tangible personal property, to wit: a. an entertainment center believed to be valued in excess orS1,000; b. a new DELL computer believed to be valued in excess of $2,000; c. a new dining room suite believed to be valued in excess of $3,000; d. a new set of golf clubs believed to be valued in excess ors e. a new computer desk and a workstation unit believed to be valued in excess of $1,500 f. a new Ralph Lauren bed spread believed to be valued in excess of $500 g. a new television believed to be valued in excess orS1,000 h. a new X-box PlayStation believed to be valued in excess of $200 i. artwork believed to be valued in excess of $500 j. a new digital camera believed to be valued in excess of $6,000. k. assorted videos and DVD's believed to be valued in excess of $500. 1. a new halogen lamp believed to be valued in excess of $200. m. any other newly acquired property within said apartment unit and not specifically known to ADMINISTRATRIX at this time. 11. The tangible personal property listed in paragraph 10 herein above is believed to be secured and controlled by LANDLORD and is physically located inside the afore stated apartment unit previously occupied by TRIMBLE prior to his arrest and incarceration. 12. ADM1NISTRATRIX invokes the provisions of the Slayers Act, 20 Pa.C.S.A. Section 8801, et. seq. to divest or otherwise defeat any right or interest of TRIMBLE, to legal title or possession, in such property and to further decree and adjudicate that the fights and interests in such property revert to or otherwise vest in the Estate of Decedent. 13. ADMINISTRATRIX has undertaken the management and other fiducia~ duties and responsibilities of the Estate and as part of such duties and responsibilities seeks the return from the possession of LANDLORD, or any soceessor individual or entity in possession of such property upon notice to them, of all such tangible personal property to the Estate for the proper and lawful adminislration and distribution thereof and further brings this action of replevin against LANDLORD, or any successor individual or entity in possession of such property upon notice to them, to receive and secure immediate possession of such property. v. PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 14. There remains certain intangible personal property, in the form of money on deposit, which had been removed from the formerly joint accounts of Decedent and TRIMBLE at PSECU which existed at the moment of Decedent's death and transferred/deposited into one or more accounts at PSECU solely in the name of TRIMBLE and remains in one or more accounts in the name of TR1MBLE and in the possession of PSECU at the present time. -5- 15. ADMINISTRATRIX invokes the provisions of the Slayers Act, 20 Pa.C.S.A. Section 8801, et. seq. to divest or otherwise defeat any fight or interest of TRIMBLE, to legal title or possession, in such property and to further decree and adjudicate that the fights and interests in such property revert to or otherwise vest in the Estate of Decedent. 16. ADMINISTRATRIX has undertaken the management and other fiduciary duties and responsibilities of the Estate and as part of such duties and responsibilities seeks the return from the possession of PSECU, or any successor individual or entity in possession of such property upon notice to them, of all such intangible personal property to the Estate for the proper and lawful administration and distribution thereof and further brings this action of replevin against PSECU, or any successor individual or entity in possession of such property upon notice to them, to receive and secure immediate possession of such property. v. SCI PENNSYLVANIA FUNERAL SERVICES (d/b/a Rolling Green Cemetery Company) and GARY L. PECK 17. At the time of Decedent's death, there was no burial plot owned by Decedem or TRIMBLE in which Decedent could be interned. 18. On or about the time of the planning for funeral arrangements of Decedent, FATHER or his present family had ownership rights in two burial plots within the grounds of the captioned cemetery property of ROLLING GREEN, but at a different location within the grounds. 19. ADMINISTRATRIX, at that time acting as Decedent's Mother, had located -6- within the cemetery grounds of ROLLING GREEN two burial lots immediately next to burial lots in which ADMINISTRATRIX'S father had been buried in 1988 and in which her mother will one day be interned. 20. FATHER offered to give whatever rights of internment or ownership in his burial lots to TRIMBLE in order that Decedent could be interned in the cemetery of ROLLING GREEN and ROLLING GREEN subsequently or concurrently agreed to and arranged for the exchange of whatever rights of internment or ownership of the burial lots adjacent to the Mother's parents' lots for whatever rights of internment or ownership in the burial lots of FATHER or his present family elsewhere on the cemetery grounds, the result of which was the vesting of such rights in TRIMBLE. A copy of the Certificate of Internment Rights is attached hereto and incorporated herein. 21. ADMINISTRATRIX invokes the provisions of the Slayers Act, 20 Pa.C.S.A. Section 8801, et. seq. to divest or otherwise defeat any right or interest of TRIMBLE, to legal title or possession, in such property and to further decree and adjudicate that the rights and interests in such property revert to or otherwise vest in the Estate of Decedent. WHEREFORE, ADMINISTRATRIX prays that the Honorable Court that upon the filing ora Motion to Grant Relief: A. Issue a Rule TRIMBLE, LANDLORD, PSECU, ROLLING GREEN and FATHER to show cause why the relief prayed for herein below shall not be granted unto Estate and, that if the Rule is neither returned nor sufficient cause shown, B. Upon the filing of a Motion to Make the Rule Absolute, or at conclusion of a -7- hearing upon the Rule, order and decree that all fights of immediate possession and exclusive rights and interests in legal title of the personal property and real property burial lots, as identified in this action, of or in Defendant Brian Thomas Trimble be divested and that all rights of immediate possession and exclusive rights and interests of legal title in such property be granted for all time to the Nancy J. Chavez, Administmtrix of the Estate of Randi Lee Trimble. Respectfully submitted, Michael J. Wilson Attorney for Estate of Randi Lee Trimble -8- VERIFICATION Administratrix, Nancy J. Chavez, verifies that the statements made in the Action for Replevin are tree and correct from her personal knowledge or based upon information and belief. Administratrix understands that false statements herein are made subject to the penalties of 18 Pa. CS § 4904, relating to unswom falsification to authorities. INVENTORY OF PROPERTY REMOVED FROM 221 WOOD STREET ON MARCH 15. 2003 Brian T. Thomas and Attorney Michael J. Wilson acknowledge removal and Brian T. Trimble's receipt of the following listed property from 221 Wood Street, East Pennsboro Township, Pennsylvania on March 15, 2003. The purpose of this document is to assist the Administratrix of the Estate of Randi L. Trimble, Nancy J. Chavez, in maintaining a proper inventory and accounting of all Estate property located at the afore stated address. PROPERTY DESCRIPTION QUANTITY / / Page 1 of 2 PROPERTY DESCRIPTION QUANTITY · Trimble Dated: Michael J. Wilson Attorney for the Estate of Randi L. Trimble Dated: Page 2 of 2 ATTENDANCE RECORD AT REMOVAL OF PROPERTY FROM 221 WOOD STREET ON MARCH 15, 2003 The following individuals were present and entered the house at 221 Wood Stxeet on March 15, 2003 and assisted Brian T. Tdmble in the removal of property from the house. (Prim name) (Prim name) Dated: (Print name) Dated: (Prim name) Dated: Dated: (Print name) Dated: (Prim name) Page 1 of 1 ¢I' ROL~INC GREEN CF.]~ETERY C91~PAN¥ c~w~c^'rs o~ t.'rE[~'r m~m's '" 49't989 COUNTY OF: /~NOW ALL/~FJ~r ILocation No '" ~ .' I nterment No Date (mo/day/year) . No interment shall l~ke place un~e a written authority, signed by the proper relative or lega! representative of the deceased, has been given to the, Ceme~e~'y performing the interment. Tl~e undersigned I~ereby request and authorize: Name of Cemetery,~ ~,~ ,~ i ,. ~ -,,, ~,~... , ~'~"~.,~..~ ~; ~,, :~. '-.~_ T-~_~-'~¢. _ ... _ Name of Decedent., (First)',,. Birthdate~/mo/day/year) "~ ~, ,, I Date .o,f Death (mo/day/year) . Veteran Property Ox~r ([~-i~st) (M.L) . , .. (L~st) Telephon_~e Number t~_~ ~.~.~.~.. '..~'-~.- , '".~ ~'~_.~--~ .? ~ ' ~ ~.._~', ~ .% ~ '~ . ,' .~. ~ .~ ~, ~ need ~ At-need ~- ,~ ~ ~ .. . ~ ~ - ~_ .~ . . Me.rial Base Description REMARKS , Interment Fee Ovenime Charges ~her Charges Total ....~."-' ~-~- , ..~ , .~.~ Must be sign~ by (1) p~e~ o~er AND (2) ne~kin(or other I~al~ a~thodz~ ~presenta~ ). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS~ COURT DIVISION NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE c/o Attorney Michael J. Wilson Plaintiff BRIAN THOMAS TRIMBLE Defendant Owner -and- NATIONAL PROPERTIES, INC. -and- PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in Possession No. 03 - 2793 Civil COMPLAINT IN THE NAqXJRE OF ACTION OF REPLEVIN SCI PENNSYLVANIA FUNERAL SERVICES d/b/a Rolling Green Cemetery Company GARY L. PECK Indirpens~leParties ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance for the above-named Co-Defendant, Pennsylvania State Employees Credit Union. ~~ate General Counsel PA Attorney ID #68023 PSECU ATTN: Corporate Legal Services 1 Credit Union Place Harrisburg, PA 17110 Date: June 30, 2003 Attomey Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE c/o Attorney Michael J. Wilson Plaintiff BRIAN THOMAS TRIMBLE Defendant Owner -and- No. 03 - 2793 Civil NATIONAL PROPERTIES, INC. -and- COMPLAINT IN THE NATURE OF ACTION OF REPLEVIN PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in Possession SCI PENNSYLVANIA FUNERAL SERVICES d/b/a Rolling Green Cemetery Company GARY L. PECK Indispensable Parties ACCEPTANCE OF SERVICE I accept service of the Complaint in the Nature of an Action of Replevin on behalf of the party stated below and certify that I am authorized to do so. Gary L. Peck 5231 North Salem Church Road Dover PA 17315 Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (I~x) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADM1NISTRATRIX ESTATE OF RANDI LEE TRIMBLE c/o Attorney Michael J. Wilson Plaintiff BRIAN THOMAS TRIMBLE Defendant Owner -and- No. 03 - 2793 Civil NATIONAL PROPERTIES, INC. -and- COMPLAINT IN THE NATURE OF ACTION OF REPLEVIN PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in Possession SCI PENNSYLVANIA FUNERAL SERVICES d/b/a Rolling Green Cemetery Company GARY L. PECK Indispensable Parties _ACCEPTANCE OF SERVICE I accept service of the Complaint in the Nature of an Action of Replevin on behalf of the party stated below and certify that I am authorized to do so. onnie Berkos~i, Manager t Pennsylvania State Employees Credit Union 1 Credit Union Place Ilarrisburg PA 171 I 0 Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE c/o Attorney Michael J. Wilson Plaintiff BRIAN THOMAS TRIMBLE Defendant Owner -and- Civil Action No. 03-2793 NATIONAL PROPERTIES, INC. -and- COMPLAINT IN THE NATURE OF ACTION OF REPLEVIN PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in Possession SCI PENNSYLVANIA FUNERAL SERVICES d/b/a Rolling Green Cemetery Company GARY L. PECK Indispensable Parties PRAECIPE PROTHONOTARY: Kindly reinstate the above-captioned action, Complaint in the Nature of Action of Replevin. Michael J. Wilson Attorney for Eslate of Randi Lee Trimble Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE c/o Attorney Michael J. Wilson Plaintiff V. BRIAN THOMAS TRIMBLE et.al. Civil Action No. 03-2793 CERTIFICATE OF SERVICE The undersigned counsel, hereby certifies that on the date(s) set forth below, the listed paper(s) or document(s) and this Proof of Service was/were served upon the individual(s) and address(es) noted by placing an original or photostatic copy/copies of each original paper or document in the regular and/or certified United State mail, first class postage pre-paid, except as otherwise noted. pAPER(S) OR DOCUMENT(S) SERV~.r~ 1. Praecipe to Reinstate; and, 2. Certificate of Service dated July 10, 2003 NAMES AND ADDRESSES OF INDIVIDUAL(S) SERVED Attorney D. Scott Witwer Associate General Counsel ATTN: Corporate Legal Services 1 Credit Union Place Harrisburg PA 17110 Dated: July 10, 2003 Gary L. Peck 5231 North Salem Church Road Dover PA 17315 Michael J. Wilson Attorney for Estate of Randi Lee Trimble IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, Adminislxatrix for the Estate of Randi Lee Trimble BRIAN THOMAS TRIMBLE, NATIONAL PROPERTIES, INC., PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, SCI PENNSYLVANIA FUNERAL SERVICES, D/B/A ROLLING GREEN CEMETERY CO. AND GARY L. PECK CASE NUMBER 03-2793 ENTRY OF APPEARANCE The undersigned counsel hereby enters an appearance on behalf of Defendant SCI Pennsylvania Funeral Services, Inc. d/b/a Rolling Green Cemetery, erroneously named by Plaintiff as SCI Pennsylvania Funeral Services d/b/a Rolling G[een Cemetery Company. LESA A. NICKELSON Attorney for SCI Pennsylvania Funeral Services, Inc. d/b/a Rolling Green Cemetery SCI Management 1929 Allen Parkway, l0th Floor Houston, Texas 77019 713.525.9171 Phone 281.582.6236 Fax CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this pleading was mail, to counsel for Plaintiff on this the 22na day of July, 2003. via United States Lesa A. ~[ickelson 39485 ~ul-22-02 12:06 Mimhaml J. Wil~on (717)77~-701~ July ~ Fmf: ~ll. SSm ~M Mi~.~el J. Wilson 816 i~rb~ A. vmuc CM~p Mill; PA 17oi 1-836'; ** TOT;~L Plq~iE.8~. ** Attorney Michael J. Wilson 816 Derby Avenue (717) 774-7018 Camp Hill PA 17011-8367 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TR1MBLE c/o Attorney Michael J. Wilson Plaintiff BRIAN THOMAS TRIMBLE Defendant Owner -and- NATIONAL PROPERTIES, INC. No. 03 - 2793 Civil COMPLAINT IN THE NATURE OF ACTION OF REPLEVIN pENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in Possession SCI pENNSYLVANIA FUNERAL SERVICES d/b/a Rolling Green Cemetery Company GARY L. PECK Indispensable Parties ACCEPTANCE OF SERVICE I accept service of the Complaint in the Nature of an Action of Replevin on behalf of the party stated below and certify that I am authorized to do so. Dated: SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-02793 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHAVEZ NkNCY J A/DM ET AL VS TRIMBLE BRIAN THOMAS R. Thomas Kline according to law, the within named DEFENDANT TRIMBLE BRIAN THOMAS unable to locate Him COMPLAINT - REPLEVIN , Sheriff , who being duly sworn says, that he made a diligent search and inquiry for , to wit: in his bailiwick. He but was therefore returns the the within named DEFENDANT NOT SERVED , as to TRIMBLE BRIAN THOMAS CUMBERLAND COUNTY PRISON CARLISLE, PA 17013 SERVICE STOPPED PER LETTER FROM ATTORNEY WILSON. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 Thomas Ki~ 10.00 Sheriff of Cumberland County .00 16.00 MICHAEL WILSON 07/29/2003 Sworn and subscribed to before me this ~ day of~ Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02793 P COMMONWEALTH OF PENNSYLVkNIA: COUNTY OF CUMBERLAND CHAVEZ NANCY J ADM ET AL VS TRIMBLE BRIAN THOMAS R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDA/qT NATIONAL PROPERTIES INC but was unable to locate Them deputized the sheriff of CHESTER , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLJtINT - REPLEVIN He therefore Pennsylvania, to On July 29th , 2003 attached return from CHESTER Sheriff's Costs: Docketing Out of County Surcharge Dep Chester Co 18.00 9.00 10.00 28.53 .00 65.53 07/29/2003 MICHAEL WILSON Sworn and subscribed to before me this ~ day of ~ ~ A.D. Prothonotary this office was in receipt of the Sheriff of Cumberland County Ih The Court of Common Pleas of Cumberland County, Pennsylvania Nancy J. Chavez VS. Brian Thcmas Trimble SERVE: National Properties Inc No. 03-2793 civil Now, July 11, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon by h~ding to a Affidavit of Service ,20 ~ , at 103~ copy of the original and made known to o'clock t~ M. se~ed~{~ the contents thereof. Swo~befo. re So answers, COSTS SERVICE MILEAGE AFFIDAVIT County, PA RILEY RIPER HOLLIN & COLAGRECO BY: EDWARD J. GREENE, ESQUIRE ATTORNEY I.D. NO. 36967 240 DAYLESFORD PLAZA POST OFFICE BOX 568 PAOLI, PA 19301 (610) 647-5800 ATTORNEY FOR DEFENDANT NATIONAL PROPERTIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX : ESTATE OF RANDI LEE TRIMBLE : Plaintiff : BRIAN THOMAS TRIMBLE Defendant Owner And NATIONAL PROPERTIES, INC. And PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in Possession SCI PENNSYLVANIA FUNERAL SERVICES And GARY PECK Indispensable Parties CIVIL ACTION NO. 03-2793 COMPLAINT 1N THE NATURE OF ACTION OF REPLEVIN ANSWER AND NEW MATTER OF DEFENDANT NATIONAL PROPERTIES~ INC. TO THE COMPLAINT IN THE NATURE OF AN ACTION OF REPLEVIN OF NANCY J. CHAVEZ~ ADMINISTRATRIX FOR THE ESTATE OF RANDI LEE TRIMBLE AND NOW COMES, Defendant National Properties, Inc. (hereinafter "NPI") by and through its attorneys Riley Riper Hollin & Colagreco who files the instant Answer and New Matter, as follows: P:\LITX414301 .Answer&NewMatter.doc BACKGROUND 1. Admitted in part, denied in part. It is admitted based upon information and belief that Decedent, Randi Lee Trimble, a/k/a Randi Lee Peck died at her residence at 221 Wood Street, East Pennsburg Township, Cumberland County, Penns)qvania. It is further admitted that the Decedent's death was reported as a murder. Inasmuch as the nature of her death has not been judicially determined, Answering Defendant respectfully denies the remaining averment as it lacks sufficient knowledge to otherwise respond to the remaining allegation. 2. Denied. Answering Defendant respectfully denies the averments contained in paragraph 2 of Plaintiff's Complaint inasmuch as Defendant lacks sufficient knowledge or information to enable it to form a belief as to the truth of 'these allegations. Strict proof is demanded at time of trial. 3. Admitted. 4. Denied. Answering Defendant respectfully denies the averments contained in paragraph 4 of Plaintiff's Complaint inasmuch as Defendant lacks sufficient knowledge or information to enable it to form a belief as to the truth of these allegations. Strict proof is demanded at time of trial. 5. Denied. Answering Defendant respectfully denies the averments contained in paragraph 5 of Plaintiff's Complaint inasmuch as Defendant lacks sufficient knowledge or information to enable it to form a belief as to the troth of these allegations. Strict proof is demanded at time of trial. 6. Denied. Answering Defendant respectfully denies the averments contained in paragraph 6 of Plaintiff's Complaint inasmuch as Defendant lacks sufficient knowledge or information to enable it to form a belief as to the truth of these allegations. Strict proof is demanded at time of trial. 7. Denied. Answering Defendant respectfully denies the averments contained in paragraph 7 of Plaintiff's Complaint inasmuch as Defendant lacks sufficient knowledge or information to enable it to form a belief as to the truth of these allegations. Strict proof is demanded at time of trial. 8. Denied. Answering Defendant respectfully denies the averments contained in paragraph 8 of Plaintiff's Complaint inasmuch as Defendaat lacks sufficient knowledge or information to enable it to form a belief as to the truth of these allegations. Strict proof is demanded at time of trial. NATIONAL PROPERTIES~ INC. 9. It admitted that Trimble was a tenant on or about March 15, 2003 of an apartment unit owned and operated by NPI with an address of apartment number 5 Valley Forge, East Willow Street, Village Green Apartments, Elizabethtown, Lancaster County, Pennsylvania. It is further admitted that much of the property located within that apartment is now in the possession of NPI. It is also admitted that NPI has been provided a list purportedly setting forth the tangible personal property removed from the marital residence by Trimble. As to all other averments set forth in paragraph 9 of Plaintiff's Complaint, they are denied in that Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as to the truth of these averments. Strict pro&demanded at time of trial. 10. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge, information or belief to respond to this paragraph as well as subparagraphs (a) through (m) of paragraph 10 of Plaintiff's Complaint. Strict proof is demanded at time of trial. 11. Admitted in part, denied in part. It is admitted upon information and belief, that some items set forth in paragraph (a) through (m) may have. been located within the Trimble apartment and are now in the possession of NPI. It is strictly denied that all items listed are secured and controlled by NPI and physically located inside the afore stated apartment. 12. Denied. Paragraph 12 of Plaintiffs Complaint includes conclusions of law to which no further response is required pursuant to Pennsylvania Rules of Civil Procedure. 13. Denied. After reasonable investigation, Answering Defendant lacks sufficient knowledge or information to allow it to respond to paragraph 13 of Plaintiffs Complaint. By way of further answer, and not in derogation of the foregoing, this paragraph contains conclusions of law to which no further response is required pursuant to the Pennsylvania Rules of Civil Procedure. PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 14. Denied. The averments set forth in paragraph 14 of Plaintiffs Complaint are directed to a Defendant other than Answering Defendant and thus no answer is required. By way of further answer, to the extent that an answer is required, Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as the truth or veracity of these allegations and thus strict proof is demanded at time of trial. 15. Denied. The averments set forth in paragraph 15 of Plaintiffs Complaint are directed to a Defendant other than Answering Defendant and thus no answer is required. By way of further answer, to the extent that an answer is required, Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as the truth or veracity of these allegations and thus strict proof is demanded at time of trial. 16. Denied. The averments set forth in paragraph 16 of Plaintiffs Complaint are directed to a Defendant other than Answering Defendant and thus no answer is required. By way of further answer, to the extent that an answer is required, Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as the troth or veracity of these allegations and thus strict proof is demanded at time of trial. 3 SCI PENNSYLVANIA FUNERAL SERVICES (d/b/a ROLLING GREEN CEMETERY COMPANY) AND GARY L. PECK 17. Denied. The averments set forth in paragraph 17 of Plaintiff's Complaint are directed to a Defendant other than Answering Defendant and thus no answer is required. By way of further answer, to the extent that an answer is required, Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as the hnath or veracity of these allegations and thus strict proof is demanded at time of trial. 18. Denied. The averments set forth in paragraph 18 of Plaintiff's Complaint are directed to a Defendant other than Answering Defendant and thus no answer is required. By way of further answer, to the extent that an answer is required, Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as the trath or veracity of these allegations and thus strict proof is demanded at time of trial. 19. Denied. The averments set forth in paragraph 19 of Plaintiff's Complaint are directed to a Defendant other than Answering Defendant and ttms no answer is required. By way of further answer, to the extent that an answer is required, Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as the truth or veracity of these allegations and thus strict proof is demanded at time of trial. 20. Denied. The averments set forth in paragrap]h 20 of Plaintiff's Complaint are directed to a Defendant other than Answering Defendant and titus no answer is required. By way of further answer, to the extent that an answer is required, Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as the truth or veracity of these allegations and thus strict proof is demanded at time of trial. 21. Denied. The averments set forth in paragraph 21 of Plaintiff's Complaint are directed to a Defendant other than Answering Defendant and titus no answer is required. By way of further answer, to the extent that an answer is required, Answering Defendant lacks sufficient knowledge or information to enable it to form a belief as the trath or veracity of these allegations and thus strict proof is demanded at time of trial. WHEREFORE, Defendant National Properties, Inc. demand judgment in its favor and against Plaintiffs and such relief as the Court deems appropriate. NEW MATTER 22. The answers more fully set forth in paragraphs 1 through 21 above are hereby incorporated as if the same were more fully set forth at length. 23. On February 1, 2003 Brian Trimble entered into a Residential Lease Agreement with the Defendant NPI with respect to apartment 5 Valley Forge, Village Green Apartments, East Willow Street, Elizabethtown, PA 17022. 24. The Lease was to begin on February 1, 2003 for a period of one year. 4 25. On or before June 1, 2003, Tenant Brian Trimble breached his lease by, inter alia, failing to make the required monthly rental payment of $686.00 each month and has continued to refuse to make such rental payment. 26. Pursuant to paragraph 6 of the Residential Lease Agreement, Co) Tenant will not remove or attempt to remove Tenant's personal property without first paying to Landlord all rent due for the balance of this Lease. 27. The Tenant Brian Trimble has provided no notice of intent to vacate, and thus remaining in breach for his non-payment of rent. 28. On June 26, 2003 Defendant, NPI secured a judgment against the Tenant Brian Trimble in the amount of $2,871.60. 29. Thereafter, Defendant NPI undertook the levy of the property located within the apartment in an attempt to move forward with satisfaction of the outstanding judgment against Brian Trimble. 30. It is believed and therefore averred that some, if not all, the property located within apartment 5 Valley Forge, East Willow Street, Elizabethtown, PA 17022 is the property of Brian Trimble, and thus subject to execution under the laws of the Commonwealth of Pennsylvania. WHEREFORE, Defendant National Properties, Inc. demand judgment in its favor and against Plaintiffs and such relief as the Court deems appropriate. Respectfully submitted, RILEY RIPER HOLL1N & COLAGRECO EI~AI[ISJ GREEN , ESQUIRE Attorney :For National Properties, Inc. 5 VERIFICATION I, Jeffery L. King, President of National Properties, Inc., Defendant in this Answer and New Matter f~led by National Properties, Inc., verify that the facts averred therein are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff V4 BRIAN THOMAS TR1MBLE Defendant Owner And NATIONAL PROPERTIES, INC. And PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in Possession SCI PENNSYLVANIA FUNERAL SERVICES And GARY PECK Indispensable Parties CFVIL ACTION NO. 03-2793 COMPLAINT IN THE NATURE OF ACTION OF REPLEVIN CERTIFICATE OF SERVICE This is to certify that the foregoing Answer and New Matter has been served upon the following persons, by the following means and on the date(s) stated: Name: Means of Service: Date of Service: Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 First Class Mail Respectfully submitted, August 22, 2003 Date: FT~/gg~ BY: RILEY RIPER HOLLIN & COLAGRECO EDW SQUI Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) IN THE COURT OF NANCY J. CHAVEZ, ESTATE OF RANDI I Plaintiff BRIAN THOMAS TR/ et.al. The und~ paper(s) or document(s) noted by placing an origi and/or certified United S 1. Motk 2. Order 3. Propc 4. Certit NAI Attorney Lesa A. Nickeh SCI Management 1929 Allen Parkway PO Box 130548 Houston TX 77219-0548 Attorney D. Scott Witwe Associate General Courts ATTN: Corporate Legal PSECU I Credit Union Place Harrisburg PA 17110 Dated: October 24, 2003 COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA aJ)MINISTRATRIX EE TRIMBLE MBLE Civil Action No. 03-2793 CERTIFICATE OF SERVICE rsigned counsel, hereby certifies that on the date(s) set forth below, the listed nd this Proof of Service was/were served upon the individual(s) and address(es) ~al or photostatic copy/copies of each original paper or document in the regular ate mail, first class postage pre-paid, except as otherwise noted. PAPER(S) OR DOCUMENT(S) SERVED n to Approve Stipulation and Agreement; of Court issuing Rule to Show Cause; sed order of court for relief; and, icate of Service dated October 24, 2003 ~ES AND ADDRESSES OF INDWlDUAL(S) SERVED on Brian T. Trimble c/o Attorney William G. Braught Office of the Public Defender I Courthouse Square Carlisle PA 17013 ~ervices Gary L. Peck 5231 North Salem Church Road Dover PA 17315 Attorney Edward J. Greene 240 Daylesford Plaza PO Box 568 Paoli PA 19301 Michael J. Wilson Attorney for Estate of Randi Lee Trimble IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, 4,DMINISTRATRIX ESTATE OF RANDI L~E TRIMBLE Plaintiff ~ V. BRIAN THOMAS TRI NATIONAL PROPER~ PENNSYLVANIA ST~ CREDIT UNION SCI PENNSYLVANIA d/b/a Rolling Green Ce GARY L. PECK Defend~ vIBLE lES, INC. ~TE EMPLOYEES FUNERAL SERVICES netery Company ats and Indispensable Parties ANDN issued upon the above- Approve Stipulation a~ Rule is ~etumable~_~_ days Civil Action No. 03-2793 ACTION OF REPLEVIN :aptioned parties to show cause why the relief prayed for in the Motion to d Agreement shall not be granted unto the Estate of Randi Lee Trimble. following proper service of said Motion and Rule upon each party or the! _^} ,_ r counsel of record. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff Vo BRIAN THOMAS TRIMBLE, et.al. Defendants Civil Action No. 03-2793 Action of Replevin AND NOW this ~ day of November, 2003, upon consideration of the Motion to Approve Stipulation and Agreement filed in this action by Nancy J. Chavez, Administmtrix of the Estate of Randi Lee Trimble, through her undersigned attorney, and any response thereto IT IS HEREBY ORDERED AND DECREED that the Stipulation and Agreement dated September 26, 2003 between the parties whose signatures appear thereupon is APPROVED and that the following relief is specifically GRANTED: A. SCI PENNSYLVANIA FUNERAL SERVICES shall txansfer, convey, or otherwise assign to Nancy J. Chavez, individually, the two burial lots in the name of Brian Thomas Trimble, or similar name, at Rolling Green Cemetery in Lower Allen Township, Cumberland County, Pennsylvania, one of which contains the interred remains of Randi Lee Trimble. B. PENNSYLVANIA STATE EMPLOYEES CREDIT UNION shall Iransfer, convey, or otherwise assign to the Estate of Randi Lee Trimble any and all equitable or legal rights or interests Brian Thomas Trimble does or may have in any personal property in the form of cash or deposits accounts remaining in his name at the Pennsylvania State Employees Credit -1- Union, whether such accounts were once held jointly between him and Randi Lee Trimble or accounts subsequently established by him C. Brian Thomas Trimble, by his assent to the subject Stipulation and Agreement, is deemed to have transferred, conveyed, or otherwise assigned to the Estate of Randi Lee Trimble any and all equitable or legal rights or interests he does or may have in any personal property originally located at the marital residence and removed from the marital residence by him and attending family members on or about March 15, 2003 and moved to an apartment unit in Elizabethtown owned and operated by National Properties Inc. or elsewhere. A copy of this Order shall be served by mail upon all parties of record, or their respective counsels of record, by Plaintiff's counsel. -2- Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) NOV 720 3 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE c/o Attorney Michael J. Wilson Plaintiff V. BRIAN THOMAS TRIMBLE, et.al Civil Action No. 03-2793 COMPLAINT IN THE NATURE OF ACTION OF REPLEVIN MOTION TO MAKE RULE ABSOLUTE AND NOW comes Nancy J. Chavez, Administmtrix of the Estate of Randi Lee Trimble, through her undersigned attorney, who moves the court to make absolute the Rule issued on the 24~ day of October, 2003, having received no response thereto, and grant the relief set forth in the underlying Motion to Approve Stipulation and Agreement and its proposed Order. Respectf;~lly, Dated: November 17, 2003 /4~/~...~ Mi~had J. WilCon Attorney for the Estate of Randi Lee Trimble ORDER AND NOW this 17~ day of November, 2003, the Rule issued the 24th day of October, 2003 is made absolute. -1- Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff Vo BRIAN THOMAS TRIMBLE et.al. Civil AcfionNo. 03-2793 CERTIFICATE OF SERVICE The undersigned counsel, hereby certifies that on the date(s) set forth below, the listed paper(s) or document(s) and this Proof of Service was/were served upon the individual(s) and address(es) noted by placing an original or photostatic copy/copies of each original paper or document in the regular, express, and/or cefdfied United State mail, first class postage pre-paid, except as may be otherwise noted. PAPER(S~ OR DoCUMENT(S~ SERVED 1. Motion to Make Rule Absolute; 2. Order of Court granting Motion to Approve Stipulation and Agreement; and, 3. Certificate of Service dated November 17, 2003 NAMES AND ADDRESSES OF INDIVIDUAL(S) SERVED Attorney Lesa A. Nickelson SCI Management 1929 Allen Parkway PO Box 130548 Houston TX 77219-0548 Brian T. Trimble c/o Attorney William G. Braught Office of the Public Defender 1 Courthouse Square Carlisle PA 17013 Attorney D. Scott Witwer Associate General Counsel ATTN: Corporate Legal Services PSECU I Credit Union Place Hanisburg PA 17110 Dated: November 17, 2003 Gary L. Peck 5231 North Salem Church Road Dover PA 17315 Attorney Edward J. Greene 240 Daylesford plata PO Box 568 Paoli PA 19301 Michael J. Wilson Attorney for Estate of Randi Lee Trimble BODELL BOVE GRACE & VAN HORN BY: LOUIS A. BOVE, ESQUIRE ATTORNEY I.D. NO. 53071 JAY M. GREEN, ESQUIRE ATTORNEY I.D. NO. 70914 30 SOUTH 15TM STREET PHILADELPHIA, PA 19102 (215) 864-6600 ATTORNEYS FOR DEFENDANT NATIONAL PROPERTIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff, VS. BRIAN THOMAS TRIMBLE Defendant Owner, And NATIONAL PROPERTIES, INC. And pENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in possession, And SC1 PENNSYLVANIA FUNERAL SERVICES And GARY PECK Indispensable Parties. CIVIL ACTION NO. 03-2793 ENTRY OF APPEARANCE TO THE CLERK OF SAID COURT: Kindly enter our appearances on behalf of Defendant National Properties, Inc. in the above-captioned matter. Date: March 4th ., 2004 ""B"/Y~'~.,~z~,BO~ELL'-- BOVE, GRACE/t,~.~/~& VAN HORN, P.C. Attorney I./ Louis A. E;v. ~oE. S5307quire1 ~Vl. ~r , Esquire Attorney I.D. No. 70914 Attorneys for Defendant National Properties, Inc. CERTIFICATE OF SERVICE I, Jay M. Green, Esquire, do hereby certify that on the 4th day of March, 2004, a true and correct copy of the foregoing Entry of Appearance was served by first-class, postage prepaid U.S. mail upon: Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 SHERIFF'S RETURN - CASE NO: 2003-02793 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHAVEZ NANCY J ADM ET AL VS TRIMBLE BRIAN THOMAS OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named WITNESS KING JEFFREY L - PRESIDENT OF NATIONAL PROPERTIES but was unable to locate Him in his bailiwick. deputized the sheriff of CHESTER County, serve the within SUBPOENA , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: INC He therefore Pennsylvania, to On March 4th 2004 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Chester County 28.75 .00 65.75 03/04/2004 MICHAEL WILSON R. ~homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~' ~ day of~9~ Prothonotary . In Thd Court of Common Pleas of Cumberland County, Pennsylvania Nancy J. Chavez admin estate of Randi Lee Trimble VS. Brian Th~nas Trimble SERVE: Jeffery L. King No. 03-2793 civil February 20, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this Please serve as soon as possible deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland CounB,, PA Affidavit of Semite Now, within ,20 O~_, at !I:/D . o'clock /'4 M. se~ed~< by handing copy of the original and made known to the contents thereof. So answers, County, PA Sworn and subscribed before me this ~ day of ~ ,20 o ~ COSTS SERVICE MILEA GE AFFIDAVIT BODELL BOVE GRACE & VAN HORN BY: LOUIS A. BOVE, ESQUIRE ATTORNEY I.D. NO. 53071 JAY M. GREEN, ESQUIRE ATTORNEY I.D. NO. 70914 30 SOUTH 15TM STREET PHILADELPHIA, PA 19102 (215) 864-6600 ATTORNEYS FOR DEFENDANT NATIONAL PROPERTIES, 1NC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE P aintiff, VS. BRIAN THOMAS TRIMBLE Defendant Owner, And NATIONAL PROPERTIES, INC. And PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in possession, And SCI PENNSYLVANIA FUNERAL SERVICES And GARY PECK Indispensable Parties. CIVIL ACTION NO. 03-2793 MOTION OF DEFENDANT NATIONAL PROPERTIES, INC. FOR PROTECTIVE ORDER/STAY OF DISCOVERY FOR THIRTY DAYS Defendant, National Properties, Inc., by and through its attomeys, Bodell, Bove, Grace and Van Horn, P.C., respectfully requests a protective order staying all discovery for a period of thirty (30) days, and in support thereof submit the following: 1. This is an Action in Replevin, brought by plalntiffin an effort to obtain property, which was filed on or about June 13, 2003 in the Court of Common Pleas of Cumberland County. Following service, prior counsel for Defendant National Properties, Inc. filed an Answer with New Matter in a timely fashion. 2. On or about March 5, 2004, the undersigned law firm, by Louis A. Bove, Esquire and Jay M. Green, Esquire, entered its appearance for defendant National Properties, Inc. in this action. Sec Exhibit A. 3. The undersSgned counsel has not, as ofyet, obtained the file materials (including by way ofexample, pre-trial orders, discovery responses or requests) relating to this case from prior counsel, nor has the undersigned counsel had an opportunity to review this matter in any detail with its client. 4. The undersigned counsel has been advised that a subpOena has been issued for the deposition of Jeffery King on this Friday, March 12, 2004. The subpoena includes multiple document requests. See Exhibit B. Mr. King is the President of Defendant National Properties, Inc. -2- 5. The undersigned believes and therefore avers that there is a significant amount of work to be performed in order to properly represent the defendant client consistent with the professional obligations and responsibilities owing to the Court and the client. Specifically, the undersigned would expect to review the file, including the pleadings and discovery completed to date, conduct and/or supervise a record and document review, and prepare witnesses for the orderly completion of the discovery in this matter. 6. In order to properly and adequately prepare for the continued defea~se of this case, it is respectfully requested that all discovery in this matter be stayed for a period of thirty (30) days. WHEREFORE, Defendant, National Properties, Inc. respectfully requests that this Honorable Court enter an Order in the form proposed providing for a stay of all discovery for a period of thirty (30) days. Date: March 8, 2004 Respectfully Submitted, BODELL, BOVE, GRACE & VAN HORN Jay M. Green, Esquire One Penn Square West, 6th Fl. 30 S. 15th Street Philadelphia, PA 19102 (215) 864-6600 Counsel for Defendant, National Properties, Inc. -3- COMPLIANCE WITH LOCAL RULE 206-2(C) The concurrence of opposing counsel Michael Wilson, Esquire to a thirty day stay of discovery in this matter was sought. Mr. Wilson declined our request for a thirty day stay of discovery in this matter. Ja~. (Jreen, Esquire -4- BODELL BOVE GRACE & VAN HORN BY: LOUIS A. BOVE, ESQUIRE ATTORNEY I.D. NO. 53071 JAY M. GREEN, ESQUIRE ATTORNEY I.D. NO. 70914 30 SOUTH 15TM STREET PHILADELPHIA, PA 19102 (215) 864-6600 ATTORNEYS FOR DEFENDANT NATIONAL PROPERTIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff, VS. BRIAN THOMAS TRIMBLE Defendant Owner, And NATIONAL PROPERTIES, INC. And PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in possession, And SCI PENNSYLVANIA FUNERAL SERVICES And GARY PECK Indispensable Parties. CFr'IL ACTION NO. 03-2793 MEMORANDUM OF DEFENDANT NATIONAL PROPERTIES, INC. IN SUPPORT OF ITS MOTION FOR PROTECTIVE ORDER/STAY OF DISCOVERY FOR THIRTY DAY~'; Defendant, National Properties, Inc., by and through its attorneys, Bodell, Bove, Grace and Van Horn, P.C., submits this brief memorandum in support of its request for a protective order/stay of all discovery for a period of thirty (30) days. For sake of brevity, Defendant National Properties, Inc. incorporates by reference the allegations set forth in the acoompanying Motion and application for stay. This replevin action was commenced on June 13, 2003 by the filing of the complaint. Following service, an Answer with New Matter was filed on behalfofNafional properties, inc. byprior counsel. On or about March 5, 2004, the undersigned law finn, by Louis A. Bore, Esquire and Jay M. Green, Esquire, entered its appearance for defendant National Properties, Inc. in this action. See Exhibit A. As noted in the accompanying Motion, the undersigned counsel has not, as yet, obtained the file materials (including by way of example, pre-trial orders, discovery responses or requests) relating to this case fi.om prior counsel, nor has the undersigned counsel had an oppommity to review this matter in any detail with its client. In addition, the undersigned have been made aware that a subpoena, with accompanying document requests, was issued for the deposil/on o f the Defendant' s President, Jeffery King, for this Friday, March 12, 2004. See Exhibit B. There is no question that this is a complicated legal dispute involving property law, the Pennsylvania Slayer's Act, a prior judgment obtained by defendant National Properties, Inc., and other legal issues. There is a sigrdfieant amount of work to be performed by newly retained counsel in order to properly represent the defendant consistent with the professional obligations and responsibilities owing to the Court and the client. Discussions with prior counsel regarding the orderly transfer ofthis matter fi.om one firm to the other must be completed, presumed file materials, including the pleadings and disco very completed to date, need to be reviewed, and a review and analysis o fdocuments, re~ords, and other relevant materials in the possession of the client must be performed. Newly retained del~nse counsel ought to be afforded the time to complete such vital tasks so that the discovery and the further liftgation o f the case can proceed in a fair and orderly fashion. This Court has discretion to grant this application for a brief stay of discovery upon good cause shown. SeePa. R.C.P. 4012. Itisrespectfullysubmittedthatthe substimtionofnewcounseloneweek before the unilaterally scheduled deposition of the defendant's President, the complexity and nature of the matter before the Court, and the considerable need of newly appointed counsel to familiarize themselves with the facts, the file, the claims alleged, and the discovery in order to fairly and adequately represent the interests of their client constitute "good cause" for a stay. Accordingly, Defendant National Properties, Inc. respectfully requests that this Honorable Court enter a protective order and stay all discovery for a period of thirty (30) days. Respectfully Submitted, , BOVE, GRACE & VAN HORN ~p~s. A~ Bove, Esquire lYay M. Green, Esquire One Penn Square West, 6th Fl. 30 S. 15th Street Philadelphia, PA 19102 (215) 864-6600 Counsel for Defendant, National Properties, Inc. Dated: March 8, 2004 -3- Exhibit A BODELL BOVE GRACE & VAN HORN BY: LOUIS A. BOVE, ESQUIRE ATTORNEY I.D. NO. 53071 JAY M. GREEN, ESQUIRE ATTORNEY I.D. NO. 70914 30 SOUTH 15TM STREET PHILADELPHIA, PA 19102 (215) 864-6600 A'Ui'ORNEYS FOR DEFENDANT NATIONAL PROPERTIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX : ESTATE OF RANDI LEE TRIMBLE : Plaintiff; : VS. : BRIAN THOMAS TRIMBLE : Defendant Owner, And : NATIONAL PROPERTIES, INC. : : And : : PENNSYLVANIA STATE EMPLOYEES : CREDIT UNION : Defendants in possession, : And : : SCI PENNSYLVANIA FUNERAL SERVICES : And : .' GARY PECK : : : Indispensable Parties. CIVIL ACTION NO. 03-2793 ~NTRY OFAPPEARANC~ TO THE CLERK OF SAID COURT: Kindly enter our appearances on behalf of Defendant National Properties, Inc. in the above-captioned matter. Date: .March 4th ,2004 BODELL, BOVE, GRACE & VAN HORN, P.C: .. ~ By: &reen, Esquire Attorney I.D. No. 70914 Attorneys for Defendant National Properties, Lnc. CERTIFICATE OF SERVIce. I, Jay M. Green, Esquire, do hereby certify that on the 4th day of March, 2004, a true and correct copy of the foregoing Entry of Appearance was sen,ed by first-class, postage prepaid U.S. mail upon: Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 Exhibit B FEB ? ZO0 Attorney Michael J. Wilson 816 Derby Avenue (717) 774-7018 Camp Hill PA 17011-8367 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff V. BRIAN THOMAS TRIMBLE NATIONAL PROPERTIES, INC. et.al. Civil Action No. 03-2793 TO: SUBPOENA TO ATTEND AND TESTIFY JEFFERY L. KING, PRESIDENT NATIONAL PROPERTIES INC. 1. You are ordered by the Court to ATTEND AND TESTIFY AND PRODUCE TIlE DOCUMENTS AND PAPERS LISTED BELOW FOR USE IN YOUR TESTIMONY at TI~, REED BUILDING, FIRST FLOOR CONFERENCE ROOM AT 4 LIBERTY STREET CARLISLE PENNSYLVANIA, (the street adjacent to the Cumberland County Courthouse) on FRIDAY, MARCH 12, 2004 AT 2:00 O'CLOCK, P.1VL, to testify at a deposition on behalf of the Estate of Randi Lee Trimble in the above case, and to remain until excused. 2. And you are further ordered by the Court to bring with you the following: A FULL AND COMPLETE COPY OF ALL CORRESPONDENCE TO OR FROM NATIONAL PROPERTIES INC. PERTA/NING TO OR RELATING TO THE TENANCY OF BRIAN THOMAS TRIMBLE AT 5 VALLEY FORGE, VILLAGE GREEN APARTMENTS, ELIZABETHTOWN PENNSYLVANIA BETWEEN THE DATES OF FEBRUARy 1, 2003 TO PRESENT. A FULL AND COMPLETE COPY OF ALL CORRESPONDENCE TO OR FROM JEFFREY L. KING, PRESIDENT OF NATIONAL PROPERTIES INC. PERTAINING TO OR RELATING TO THE TENANCy OF BRIAN THOMAS TRIMBLE AT 5 VALLEY FORGE, VILLAGE GREEN APARTMENTS, ELIZABETHTOWN PENNSYLVANIA BETWEEN THE DATES OF FEBRUARy I, 2003 TO PRESENT. A FULL AND COMPLETE COPY OF ALL NOTES OR NOTATIONS BY ANY EMPLOYEE, AGENT, ATTORNEY (EXCLUDING PRIVILEGED COMMUNICATIONS OR WORK PRODUCT SUBSEQUENTLY IDENTIFIED) OR OFFICER OF NATIONAL PROPERTIES INC., PERTAINING TO OR RELATING TO THE TENANCY OF BRIAN THOMAS TRIMBLE AT 5 VALLEY FORGE, VILLAGE GREEN APARTMENTS, ELIZABETHTOWN PENNSYLVANIA BETWEEN THE DATES OF FEBRUARy 1, 2003 TO PRESENT. A FULL AND COMPLETE COPY OF ANY FILE OR RECORD OF ANy LEGAL PROCEEDING UNDERTAKEN OR PROSECUTED BY ANY EMPLOYEE, AGENT, ATTORNEY OR OFFICER OF NATIONAL PROPERTIES INC., PERTAINING TO OR RELATING TO THE TENANCY OF BRIAN THOMAS TRIMBLE AT 5 VALLEY FORGE, VILLAGE GREEN APARTMENTS, EL/ZABETHTOWN DATES OF FEBRUARy 1, 2003 TO PRESENT. PENNSYLVANIA BETWEEN THE A FULL AND COMPLETE COPY OF ANY FILE OR RECORD OF ANY iNVENTORY OR OTHER RECORDING LISTING THE PROPERTY CURRENTLY OR FORMERLY LOCATED IN THE APARTMENT LEASED BY NATIONAL PROPERTIES INC., TO BRIAN THOMAS TRIMBLE AT 5 VALLEY FORGE, VILLAGE GREEN APARTMENTS, ELIZABETHTOWN PENNSYLVANIA BETWEEN THE DATES OF FEBRUARY I, 2003 TO PRESENT. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by rule 234.5 of the Pennsylvania Rules of Civil Procedure, or any successor rule, including but not limited to costs, attorney fees and imprisonment. Requested by: Michael J. Wilson PA ID No.: 52680 Attorney for Nancy J. Chavez, Administratrix of the Estate of Randi Lee Trimble 816 Derby Avenue Camp Hill PA 17011-8367 (717)774-7018 Date: ~~v~/ Seal oft. he Court By 04ame of V oth o/ .CERTIFICATE OF SERVICE I, Jay M. Green, Esquire, do hereby certify that on the 8th day of March, 2004, a ~xue and correct copy of the foregoing Motion for Protective Order/Stay of Discovery for Thirty Days was served upon: Michael J. Wilson, Esquire 816 Derby Avenue Camp Hill, PA 17011-8367 (Via Overnight Mail) Brian Thomas Trimble Pennsylvania State Employees Credit Union SCI Pennsylvania Funeral Services Gary L. Peck (Via First Class U.S. Mail) Ja~. Green, Esquire BODELL BOVE GRACE & VAN HORN BY: LOUIS A. BOVE, ESQUIRE ATTORNEY I.D. NO. 53071 JAY M. GREEN, ESQUIRE ATTORNEy I.D. NO. 70914 30 SOUTH 15TM STREET PHILADELPHIA, PA 19102 (215) 864-6600 ATTORNEYS FOR DEFENDANT NATIONAL PROPERTIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX : ESTATE OF RANDI LEE TRIMBLE : Plaintiff, : VS. BRIAN THOMAS TRIMBLE : Defendant Owner, : And : NATIONAL PROPERTIES, INC. : And : PENNSYLVANIA STATE EMPLOYEES : CREDIT UNION : Defendants in possession, : And . SCI PENNSYLVANIA FUNERAL SERVICES : And GARY PECK : : : Indispensable Parties. CIVIL ACTION NO. 03-2793 ORDER AND NOW, this l?~day of.~]._, 2004, upon consideration of the Motion of Defendant National Properties, Inc. for a Protective Order/Stay of Discovery for Thirty (30) Days, and any response thereto, it is hereby ORDERED and DECREED that: (1) All discovery in the above captioned action is hereby STAYED for a period of 30 days fi.om this date. J. 2 BODELL BOVE GRACE & VAN HORN BY: LOUIS A. BOVE, ESQUIRE ATTORNEY I.D. NO. 53071 JAY M. GREEN, ESQUIRE ATTORNEY I.D. NO. 70914 30 SOUTH 15TM STREET PHILADELPHIA, PA 19102 (215) 864-6600 ATTORNEYS FOR DEFENDANT NATIONAL PROPERTIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff, VS. BRIAN THOMAS TRIMBLE Defendant Owner, And NATIONAL PROPERTIES, INC. And PENNSYLVANIA STATE EMPLOYEES CREDIT UNION Defendants in possession, And SCI PENNSYLVANIA FUNERAL SERVICES And GARY PECK Indispensable Parties. CIVIL ACTION NO. 03-2793 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant National Properties, Inc. in the above- captioned matter. By: Edward ~ene, Esquir Riley, Riper, Hollin & Colagreeo 240 Daylesford Plaza P.O. Box 568 Paoli, PA 19301-0568 Attorney Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff V. BRIAN THOMAS TRIMBLE et.al. TO THE PROTHONOTARY: Civil Action No. 03-2793 PRAECIPE Dated: November 23, 2004 Michael J. Wilson Attorney for Esllate of Randi Lee Trimble Defendants and parties of interest. Kindly mark the above-captioned case settled and discontinued as to all Attomey Michael J. Wilson 816 Derby Avenue Camp Hill PA 17011-8367 (717) 774-7018 (717) 774-7019 (fax) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NANCY J. CHAVEZ, ADMINISTRATRIX ESTATE OF RANDI LEE TRIMBLE Plaintiff V. BRIAN THOMAS TRIMBLE et.al. Civil Action Nc,. 03-2793 CERTIFICATE OF SERVICE The undersigned counsel, hereby certifies that on the date(s) set forth below, the listed paper(s) or document(s) and this Proof of Service was/were served upon the individual(s) and address(es) noted by placing an original or photostatic copy/copies of each original paper or document in the regular, express, and/or certified United State mail, first class postage pre-paid, except as may be otherwise noted. PAPER(S) OR DOCUMENT(S) SERVED 1 Praecipe to Discontinue Action; and, 2. Certificate of Service dated November 23, 2004 NAMES AND ADDRESSES OF INDIVIDU.AJ_,(S) SERVED Attorney Lesa A. Nickelson SCI Management 1929 Allen Parkway PO Box 130548 Houston TX 77219-0548 Brian T. Trimble FT 4455 SCI - Smithfield PO Box 999, 1120 Pike Street Huntingdon PA 16552 Attorney D. Scott Witwer Associate General Counsel ATTN: Corporate Legal Services PSECU 1 Credit Union Place Harrisburg PA 17110 Dated: November 23, 2004 Gary L. Peck 5231 North Salem Church Road Dover PA 17315 Attorney Louis A. Bove Attorney Nancy H. No Bodell Bove Grace & Van Horn 30 South 15th Street Philadelphia PA 19102 Michael J. WiYson Attorney for Estate of Randi Lee Trimble