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HomeMy WebLinkAbout07-4038 MELISSA FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2007 - ~~3$ CIVIL TERM BRINTON FOX, :CIVIL ACTION -LAW Defendant IN REPLEVIN 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 MELISSA FOX, Plaintiff v. BRINTON FOX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007 - ~/p 3 Y CIVIL TERM CIVIL ACTION -LAW IN REPLEVIN COMPLAINT AND NOW, comes Plaintiff, Melissa Fox, by and through her attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Melissa Fox, is an adult individual currently residing at 911 Torway Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant, Brinton Fox, is an adult individual currently residing at 138 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. 3. On or about December 1, 1991, Plaintiff and Defendant were married. 4. On or about December 17, 2001, Plaintiff and Defendant were divorced. 5. On or about January 30, 2003, Plaintiff and Defendant renewed their relationship and commingled. During this time, Plaintiff moved all of her personal belongings into Defendant's home. 6. On or about October 24, 2006, Plaintiff and Defendant once again separated. The separation occurred under circumstances in which Plaintiff was unable to gather her belongings prior to vacating Defendant's home. 7. Since October 24, 2006, Plaintiff has made numerous demands upon Defendant to return her belongings. Defendant has refused to comply with Plaintiff's demands. 8. Upon Plaintiff requesting that she be able to remove her belongings in person, Defendant phoned the police and sought to remove Plaintiff for trespassing on his property. 9. Because Defendant has persistently refused to resolve this matter amicably, Plaintiff has been forced to seek an order from this Honorable Court requesting replevin of her belongings. 10. Plaintiff s belongings, to the best of her knowledge, include, but are not limited to the following (item, last known location and approximate value): a. Black Couch -Defendant's basement - $100; b. Black Love Seat -Defendant's basement - $100; c. Brown Love Seat -Defendant's basement - $100; d. Kitchen Table and Chairs -Defendant's kitchen - $100; e. Precious Moments Collectibles -Defendant's basement - $500; f. Boyd's Bears -Defendant's basement - $400; g. Longaberger Baskets -Defendant's basement - $600; h. 27" T.V. -Defendant's living room - $200; i. Pfaltzgraff Dishes and Silverware -Defendant's basement - $200; j . Oak Shelf -Defendant's wall - $100; k. Entertainment Center -Defendant's living room - $100; 1. Entertainment Center -Defendant's basement - $50; m. Bunkbeds -Defendant's basement - $200; n. Quilts and Afgans -Defendant's hall closet -unknown value; o. Pictures -Defendant's basement -unknown value; p. Christmas Decorations -Defendant's basement -unknown value; q. Clothing and Shoes -Defendant's bedroom closet -unknown value; WHEREFORE, Plaintiff requests this honorable Court to enter an Order effectuating a replevy of Plaintiffls property from Defendant's possession, along with the costs and expenses of this action and award such other and further relief as this Court deems just and proper. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert J. Daile , squire I.D. 203418 19 West South Street Carlisle, Pennsylvania 17013 Phone: (717) 249-6873 Date: ~ July, 2007 Attorney for Plaintiff MELISSA FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007 - CIVIL TERM BRINTON FOX, :CIVIL ACTION -LAW Defendant IN REPLEVIN VERIFICATION I, Melissa Fox, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. ~a`~ ~ ~1x Melissa Fox Date: / of July, 200'7 [") hJ A t~ c~- ~ ~ 0 -' ~.. ~ o r n7 ' - c'~ ~ ~ , ~, ,~ b ~. ~:.~ ~ - r~ -} ~~~ ~c 0 SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-04038 P 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FOX MELISSA VS FOX BRINTON R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: FOX BRINTON but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOT SERVED as to the within named DEFENDANT FOX BRINTON 138 PINE GROVE ROAD GARDNERS, PA 17324 NUMEROUS ATTEMPTS WERE MADE. SERVICE STOPPED PER ANDREA AT ATTORNEY'S OFFICE. Sheriff ' s Costs : So answe ~~~--~ ...-- ~.-~ r..=-=' ..~ _.- r. Docketing 18.00 -~ ~~,,,,:.- ~ ,,,~- - __ .._.._. Service 3 7 .4 4 ` ' ,~.,~°-~''~,,/'"~~~~ Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 ~')3~b? L.~,,, / 65.44 OBRIEN BARIC SCHERER 08/02/2007 Sworn and Subscribed to before me this day of , A.D.