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HomeMy WebLinkAbout08-1482 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA S. MULLINS, NO.: Q _ , y C- r I Plaintiff V. CIVIL ACTION - LAW & EQUITY CLYDE C. NEIHART d/b/a, STEALTH RECOVERY SERVICE, Defendant JURY TRIAL DEMANDED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HI ING A LAWYER IF YOU CANNOT AFFORD TO HERE 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, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA S. MULLINS, NO.: c7 J'1 Plaintiff V. CIVIL ACTION - LAW & EQUITY CLYDE C. NEIHART d/b/a, STEALTH RECOVERY SERVICE, Defendant JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 t It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA S. MULLINS, Plaintiff V. CLYDE C. NEIHART d/b/a, STEALTH RECOVERY SERVICE, Defendant CIVIL ACTION - LAW & EQUITY JURY TRIAL DEMANDED COMPLAINT AND NOW, this day of L-- , 2008, comes the Plaintiff, Debra S. Mullins, by and through her attorney, Andrew H. Shaw, Esquire and files the instant Complaint and in support thereof states as follows: 1. Plaintiff is an adult individual residing at 292 Walnut Lane, Carlisle, Pennsylvania. 2. Defendant, Clyde C. Neihart, is an adult individual with a residence at 6301 Brady Lane, Mechanicsburg, Cumberland County, Pennsylvania, doing business as Stealth Recovery Service, an unincorporated association with its principal place of business located at 6301 Brandy Lane, Mechanicsburg, Pennsylvania. 3. Defendant is in the business of repossessing vehicles in the central Pennsylvania region, including Cumberland County, Pennsylvania. 4. Plaintiff is the owner of a 2000 Ford Explorer XLS, VIN #1FMDU62X5YZA61284 (hereinafter referred to as "Vehicle") 1 t 1 5. On December 28, 2007, the Defendant repossessed the Plaintiff's Vehicle as a result of Plaintiff being in default of a loan for the purchase of the Vehicle through Chrysler Financial. 6. Defendant took possession of the Vehicle with personal property owned by the Plaintiff still in the Vehicle. A detailed list of personal property is attached hereto and incorporated by reference as "Exhibit A". 7. Upon information and belief, the vehicle remained in the possession of the Defendant for approximately two days. 8. Upon information and belief the Defendant removed all of Plaintiffs personal property from the vehicle prior to delivering the Vehicle to Manheim's Hatfield Auto Auction. 9. Upon information and belief, the Defendant provided Chrysler Financial with a property condition report as per standard business procedures. 10. The property condition report received by Chrysler Financial did not mention the personal property that was in the vehicle at the time of repossession. 11. Defendant delivered the vehicle to Manheim's Hatfield Auto Auction on or about January 1, 2008. 12. Upon information and belief, no personal property was attached to or inside the vehicle upon arrival at Manheim's Hatfield Auto Auction. 13. On or about January 3, 2008 Plaintiff received a Notice After Repossession or Involuntary Surrender, from Chrysler Financial. (A copy of said Notice is attached hereto and incorporated by reference as "Exhibit B".) 14. Page two of the Notice states: "RIGHT TO PERSONAL PROPERTY HELD: We shall hold any personal property left in your vehicle for thirty (30) days from the date of 2 mailing of this notice. You may claim your personal property within the thirty (30) day time period; and thereafter your property will be disposed of." 15. Plaintiff had until approximately January 28, 2008 to reclaim her property. 16. On January 8, 2008 the Plaintiff recovered her vehicle from Manheim's Hatfield Auto Auction and paid all fees related to the repossession. (A copy of said Redemption of Automobile and Personal Property is attached hereto and incorporated by reference as "Exhibit C".) 17. On or about January 10, 2008, Plaintiff contacted the Defendant to recover her personal property. 18. The Defendant informed Plaintiff that she had the opportunity to recover her personal possessions at the time the vehicle was repossessed and terminated the telephone conversation. 19. Plaintiff made multiple attempts to retrieve her personal property, but each time Defendant refused the Plaintiff s request. 20. On January 25, 2008 Plaintiff's attorney contacted the Defendant via facsimile and first-class mail demanding that Plaintiff be permitted to retrieve her personal property. (A copy of said letter is attached hereto and incorporated by reference as "Exhibit D".) 21. On January 25, 2008 Defendant informed Plaintiff's attorney that he would look into the matter. 22. On February 13, 2008, Plaintiff's attorney again contacted the Defendant via first-class mail and facsimile. (A copy of said letter is attached hereto and incorporated by reference as "Exhibit E".) 3 23. On February 13, 2008, Defendant claimed that Plaintiff had the opportunity to retrieve her personal property at the time of repossession on December 28, 2007, and Defendant had no further obligation to hold the property for Plaintiff after this opportunity. 24. Defendant continues to deny Plaintiff access to her personal property. COUNT I - VIOLATION OF THE MOTOR VEHICLE SALES FINANCING ACT 25. Plaintiff incorporates Paragraphs 1 through 24 herein by reference as if more fully set forth hereafter. 26. Defendant's refusal to allow Plaintiff the opportunity to retrieve her personal property within thirty (30) days after the repossession of her Vehicle is a violation of the Motor Vehicle Sales Financing Act (hereinafter "MVSFA"), 69 P.S. §601 et seq. 27. Pursuant to Section 637(D) of the MVSFA, a person that violates this act is subject to civil penalty. 28. The Defendant's violations as more fully set forth hereinabove at length constitute a violation of the acts and/or practices under the MVSFA. 29. Pursuant to the MVSFA, the Defendant is subject to civil penalty levied by the department for each violation of the acts and or practice under the MVSFA. 30. As a direct result of the Defendant's violation of the MVSFA, as described more fully above, the Plaintiff has suffered damages. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment in Plaintiffs favor and against Defendant in an amount equal to the cost necessary to put Plaintiff in the position she would have been in had the Defendant permitted Plaintiff to retrieve 4 her personal property, together with costs and interest, and any other relief this Court deems appropriate. COUNT H- UNFAIR TRADE PRACTICE 31. Plaintiff incorporates Paragraphs 1 through 30 herein by reference as if more fully set forth hereafter. 32. Defendant's misrepresentations, or failure to represent, constitute unfair and deceptive acts and/or practices pursuant to the Unfair Trade Practice and Consumer Protection Law (hereinafter "UTPCPL"), 73 P. S. § 201-1 et seq. 33. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and unfair and deceptive acts and practices in trade or commerce is unlawful. 34. The Defendant's misrepresentations as more fully set forth hereinabove at length constitute unfair and deceptive acts and/or practices under the Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 P.S. §201-1 et seq. 35. Pursuant to Section 201-3 of the UTPCPL, unfair methods of competition and unfair and deceptive acts and practices in trade or commerce are unlawful. 36. Pursuant to the UTPCPL, the Plaintiff has a private right of action against the Defendant to recover up to three times her actual damages, plus costs and reasonable attorney's fees. 37. As a direct result of the Defendant's unfair and deceptive acts and practices as described more fully herein, the Plaintiff has suffered damages. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment in Plaintiff's favor and against Defendant in an amount equal to the cost necessary to put 5 Plaintiff in the position she would have been in had the Defendant permitted Plaintiff to retrieve her personal property, together with costs and interest, treble damages, attorney fees, and any other relief this Court deems appropriate. COUNT III - CONVERSION 38. Plaintiff incorporates Paragraphs 1 through 37 herein by reference as if more fully set forth hereafter. 39. At all times herein mentioned, and in particular on or about December 28, 2007, Plaintiff was, and still is the owner and was and still is, entitled to the possession of the personal property more fully set in Paragraph No. 6. 40. On or about December 28, 2007, the property described above had an approximate value of $5,700.00. 41. On or about December 28, 2007, Defendant took all of the personal property attached to and in the Plaintiff's 2000 Ford Explorer XLS, and converted the same to its own use. 42. On multiple occasions, including January 10, 2008, Plaintiff demanded the opportunity to retrieve the above-mentioned property. 43. The Defendant refused Plaintiff this opportunity. 44. As a proximate result of Defendant's conversion, Plaintiff, has suffered monetary damages of approximately $5,700.00. 45. The Defendant's acts alleged above were willful, wanton, malicious, and oppressive and justify the awarding of exemplary and punitive damages. 6 WHEREFORE, Plaintiff prays this Honorable Court order judgment in favor of the Plaintiff and against Defendants, for the value of the property converted, damages for the proximate and foreseeable loss resulting from Defendant's conversion in the sum of $5,700.00, together with attorney's fees, interest, and any other relief this Court deem appropriate. COUNT IV - REPLEVIN 46. Plaintiff incorporates Paragraphs 1 through 45 herein by reference as if more fully set forth hereafter. 47. Plaintiff believes and therefore avers that the above-mentioned items of personal property are still in the possession of the Defendant. 48. All of the above-mentioned items are owned solely by the Plaintiff. 49. Plaintiff has asked, and Defendant has refused to permit Plaintiff to retrieve the above-mentioned items of personal property. 50. Because Plaintiff has not had access to the above-identified property since December 28, 2007, she cannot confirm if the Defendant has disposed of said property. 51. If Defendant has disposed of any of the above-identified property, Plaintiff seeks recovery of the fair market value of said property. WHEREFORE, Plaintiff prays this Honorable Court order that Plaintiff be permitted to retrieve the items of personal property identified above, together with costs, attorney's fees, interest, and any other relief this Court deems appropriate. In the alternative, Plaintiff prays this Honorable Court award plaintiff the fair market value of the personal property, together with costs, attorney's fees, interest and any other relief this Court deems appropriate. 7 Respectfully submitted, Date: 7 By: An ew H. Shaw, re Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff 8 VERIFICATION I verify that the statements made in this Compliant are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: ' r D? Debra S. MuHins; 9 A. Four new tires $487.68; B. Aluminum rims $1,750.60; C. Aluminum lug nuts $125.00; D. Crate dolly $76.00; E. Homedics Massager $34.99; F. 3 Ton floor jack $150.00; G. 2 quarts l OW40 motor oil $.98; H. 12 bungee cords $25.00; 1. #40 Nutro Ultra $42.99; J. Leather bag $100.00; K. Jumper cables $50.00; L. Approximately 100 Compact disks $1,400.00; M. Arm Rest repair $247.40; N. R&R Radio/CD Player $250.00; 0. Car battery $50.00; P. Front Air Dam $150.00; Q. Assorted wrenches $75.00; R. Assorted screwdrivers $75.00; S. Socket wrench $75.00; T. Cell phone car charger $25.00; U. Flashlight $10.00; V. Ice/snow scraper $10.00; W. $20.00 in cash; X. $10.00 in change; EXHIBIT E 64-2913510 0=7) PA- SNPLE INTEREST NOTICE AFTER REPOSSESSION OR VOLUNTARY SURRENDER "Notice of Repossession" BUYER'S NAME AND ADDRESS ACCOUNT NUMBER 1014849133 C04WYER NAME AND ADDRESS Chrysler Financial &D D 9 DEBBIE S MULLINS 282 WALNUT LANE CARLISLE PA 17013 We have obtained your 'Vehicle", by © rePOSsession ? voluntary surrender. DESCRIPTION OF YOUR VEHICLE: 2000 FORD I XLS 1FMDU62X5YZA61284 NOTICE OF SALE Your vehicle will be offered for sale, at private sale beginning on 1 /142008 , and iron day to day thereafter until sold. Yourvehicle will be sold by: 0 Chrysler Financial ? the Dealer who sold you the Vehicle. (Your Vehicle has been or will be returned to that Dealer, but will NOT be sold before the date shown above.) HOW TO GET YOUR VEHICLE BACK: ? If this box is checked, you do not have the right to reinstate your contract. FIRST WAY.• REINSTATEMENT You have the right to renew your conbW AT ANY TIME BEFORE IT IS SOLD. To renew the contact, you must pay us the NETAMOUNT NEEDED TO REINSTATE (below), pee rliy other arnounts wir:;ir may baoorne due after the date of this Notice . You must pay with a cashier's Check or certified funds; no personal checks are accepted. PASTDUEPAYMENTS $ 69260 PLUS: LATE CHARGES ; 5950 PLUS: REPOSSESSION, STORAGE, REPAIR AND PREPARATIONCOST To Date $ 290.00 $ 0.00 NET AMOUNT NEEDED TO REINSTATE (NOT INCLUDING AMOUNTS VN41CH MAY BECOME DUE AFTER THE DATE OF THIS $ 1,042.10 NOTICE.) The longer you wait, the more costs (which may include repairs) you may have to pay. These costs are limited by law to reasonable expenses incurred as a direct -result of retaking your Vehicle, holding It, and preparing it for sale. INSURANCE RIGHTS, If you want your Vehicle back, you are required to keep it insured according to the terms and conditions of your contract. If you do not want your Vehicle back, you should consider cancelling any insurance on it To make sure this is done, call the insurance company or the Dealer. You have a right to get credit for all premium refunds. We will cancel any insurance on your Vehicle which was purchased for you and financed in the contract. That insurance, if any, is listed on this notice and we have given you credit for any unearned premiums. EXHIBIT SEE REVERSE FOR ADDITIONAL INFORMATIONAND OTHER IMPORTANT NOTICES. I?11111? 4 8 ?I1 3 I?1?2 2?I?IIROIIinl4l*1 SECOND WAY.- REDEEMING THE VEHICLE You have the right to redeern your Vehicle by paying in full the amount you owe AT ANY TIME BEFORE R IS SOLD. To redeem, you muet pay us the NET AMOUNT NEEDED TO REDEEM (Imlow), plue any other arnuunts which mey become due after the date of this Notice. and before your Vehicle is sold. To barn the exact amount you must pay, please cap us at the number listed on the back of this Notice. UNPAID PRINCIPAL BALANCE $ 3,088.15 PLUS: LATE CHARGES ; 50.50 PLUS: REPOSSESSION, STORAGE, REPAIR AND PREPARATIONCOST (TODate) S 200.00 Finance Cha a to: 0111412000 $ 137.01 No Add-on lnwrace $ 0.00 0.00 SUBTOTAL OF CHARGES $ 8,574.66 LESS: REBATE OF FEESAND REFUNDS OF INSURANCE PREMIUMS (SPECIFY cowANYAm TYPE OF e1SURANCEI 0.00 $ 0.00 $ 0.00 0.00 SUBTOTAL OF REBATESAND REFUNDS DEDUCTED $ 0.00 NET AMOUNT NEEDED TO REDEEM (NOT INCLUDING OTHER AMOUNTS WHICH MAY BECOME DUE AFTER THE DATE OF THIS NOTICE) $ 3,574.66 Your Vehicle will not be sold Berner then the date shown in the "Notice of Sale". After that date, you can redeem your Vehicle before it is sold. If you do, neither we nor the dealer will have any further claim on it. 84-2913510 (10/07) PA- SIMPLE INTEREST ADDITIONAL NOTICES (Continued from Front Side) ACCOUNTING: If you want us to explain to you in writing how we have figured the amount that you owe us you may call or write us at the number or address listed on the back of this Notice. We reserve the right to charge you $ o.oo for the explanation if we sent you another explanation of the amount within the last six months. RIGHT TO MONEY LEFT OVER FROM SA E- When your Vehicle is sold, the sale price minus expenses will be deducted from your debt. You are entitled to any money left over. If the Dealer sells your Vehicle, the Dealer should pay you any money left over, with a summary of all expenses, within 45 days after the sale. If you do not get this left over money, you have a right to sue for it plus penalties under state law. RIGHT TO PERSO L PROPERTY HELD: We shall hold any personal property left in your vehicle for thirty (30) days from the date of mailing of this notice. You may claim your personal property within the thirty (30) day time period; and thereafter your property will be disposed of. REMAINING BALANCE (12FIL ? The sale price might not cover your debt and expenses. If that happens, you will owe the difference to us or to the Dealer (whoever sells your Vehicle), and you could be sued for the difference. If there is any attempt to collect this difference from you, we or the Dealer (whoever sells your Vehicle) should send you a summary of the resale and expense amounts. NOTICE TO OTHER INTE ESTED PARTIES: We are sending this notice to the following other people who have an interest in the vehicle or who owe money under the contract: NOTICE TO CO-BUYER: As a Co-Buyer you are personally liable for any indebtness owed to us. You are also subject to all obligations of Buyer. All the rights and obligations you agreed to in the contract and which are set forth in this Notice. In your capacity as Co-Buyer, a judgment may be sought against you should the sale price not cover Buyer's debt and expenses. Your vehicle h stored at: ADDRESS CnY, STATE,ZIP 6780 linglestown rd hanisburg pa if you have any questions, please call or writs us. Make payments to and /or notice on: Chrysler Financial MAILW4 ADDRESS, CRY, STATE, ZIP P.O. Box 950, Chalfont, PA 18914 NUMBER DATE NOTICE MAILED (800 74-9774 ext. 12!28/2007 PROOF OF MAILING I hereby state that on the date indicated above I sent by ® First Class Mal ® Certi fed Mail, a copy of the above notice as Proof of Mailing to the person(s) and to the address(es) as stated in the attached Notice. I declare that the statements above are true to the beat of my information, knowledge and belief. mr. I. johns 1 12/28/2007 BSI ?L ?G?.?li 0Y? 1G1 (CkM usiZ) qL.A - /d.mo4infrLcn2c? GG1?? i- an 2t? k.t: MANHEIM'S HATFIELD AUTO AUCTION FIT. 309 BOX 309 HATFIELD, PA 19440 REDEMPTION OF AUTOMOBILE AND PERSONAL PROPERTY I, UNDERSIGNED FOR GOOD AND VALUABLE CONSIDERATION, DO HEREBY RELEASE AND FOREVER DISCHARGE MANHEIM'S HATFIELD AUTO AUCTION. ITS SUCCESSORS, AFFILIATED COMPANIES. OFFICERS AND DIRECTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS "COMPANY") FROM ALL DEBTS, DEMANDS, ACTIONS, SUITS, AGREEMENTS, DAMAGES AND ANY LAW AND IN EQUITY, WHICH I NOW HAVE OR EVER HAD AGAINST COMPANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I SPECIFICALLY RELEASE AND DISCHARGE COM- IT (R PELT Ty PERSVTL POPERTY CONTAINED IN A D IONS W INTS mvl ?L FROM fin))ANY BLL f) I A C?? XX L ?` (. WHICH AUTOMOBILE WAS REPOSSESSED AND/OR STORED BY COMPANY, AND I ACKNOWLEDGE RECEIPT OF ALL PERSONAL PROPERTY OF WHATEVER KIND OR NATURE THAT WAS IN SAID AUTOMOBILE AT THE TIME IT WAS REPOSSESSED AND SUCH PROPERTY IS IN THE SAME CONDITION NOW AS IT WAS AT THE TIME OF REPOSSESSION. I FUTHER ACKNOWL- EDGE RECEIPT OF THE ABOVE REFERENCED AUTOMOBILE AND CONFIRM THAT SUCH AUTOMOBILE IS IN THE SAME CONDITION AS IT WAS AT THE TIME ORIGINALLY REPOSSESSED, AND IT HAS NOT BEEN DAMAGED IN ANY WAY BY COMPANY OR ITS AGENTS. WITHOUT LIMITING THE GENERALITY OF ANY PROVISIONS HERETOFORE CONTAINED IN THIS RELEASE, I RELEASE ADN DISCHARGE COMPANY FROM ANY LIABILITY WHICH IT MAY HAVE IN CONNECTION WITH THE REPOSSESSION AND/OR STORAGE OF THE ABOVE REFERENCED AUTOMOBILE. T_r?,? ?A?1 ? X15 I - V INT NAME NATURE VEHICLE RELEASE DATE RELEASED THE FOLLOWING DESCRIBED UNIT HAS BEEN RELEASED FROM THE AUCTION DATE STOCK NO 11 VJ ACCOUNT NAME 0CP S VEHICLE _ UCH Furl ? ?lofer \i LS 3)taoc L H (DI 28L-) YEAR REASON FOR RE RELEASED TO MAKE MODEL 1-1 - COLOR COMPANY AND REPRESENTATIVE RELEASE ACKNOWLEDGE 1 , VIN AUCTION/RECON EMPLOYEE FEES DUES El `' 1 - S U FEES ATTACHED '? Y N CHECK# CASH ?? vl BILL ACCOUNT. White/Customer copy Pink/Company Copy Yellow/Systems Copy DATE EXHIBIT C LAW OFFICE OF ANDREW H. SHAW, P.C. 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net January 25, 2008 VIA FACSIMILE AND FIRST-CLASS MAIL Stealth Recovery P.O. Box 6029 Harrisburg, Pa 17112 Re: Debbie S. Mullins Dear Sir or Madam: This office has been retained by Debbie Mullins regarding the retrieval of her personal property inside her 2000 Ford Explorer XLS that was repossessed by your company. Ms. Mullins has tried on numerous occasions to reclaim her personal property and has been told by representatives of your company that she is not permitted to claim her property. Pursuant to the Notice After Repossession or Voluntary Surrender sent to Ms. Mullins, she has 30 days from the date of mailing of the notice to claim any personal property. Said notice was dated and mailed December 28, 2007. A copy of the Notice is attached. Ms. Mullins reclaimed her vehicle on January 8, 2008 and attempted to collect her personal property on or about January 10, 2008. Ms. Mullins contacted your company within the 30 day time period to recover her personal property, but was refused by your office to retrieve her belongings. According to Pennsylvania Law, any licensee conducting business related to the repossession of vehicles may be found guilty of a misdemeanor and fined up to $2,000.00 for any violation of the Motor Vehicle Sales Financing Act, including preventing an individual from retrieving their personal property. If Ms. Mullins is not permitted to retrieve her personal property by Monday, January 28, 2008, she is prepared to contact the Pennsylvania State Police and any other relevant law enforcement authorities. Further, Ms. Mullins is prepared to pursue any and all civil actions she has against you. Attached is a list of items Ms. Mullins expects to retrieve. This list is not intended to be comprehensive, but represents at least a portion of those items she specifically remembers were in her vehicle. E XHIBIT !.. I - Stealth Recovery January 25, 2008 Page 2 I appreciate your prompt attention to this matter. If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. Thank you. Enclosures Very truly yours, Andrew H. Shaw, Esquire cc: Debbie S. Mullins Chrysler Financial O LAW OFFICE OF ANDREW H. SHAW, P.C. 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (fax) ashawlaw@comcast.net February 13, 2008 VIA FACSIMILE AND FIRST-CLASS MAIL Stealth Recovery P.O. Box 6029 Harrisburg, Pa 17112 Re: Debbie S. Mullins Dear Sir or Madam: As you are aware, this office represents Debbie Mullins regarding the retrieval of her personal property inside her 2000 Ford Explorer XLS that was repossessed by your company. After discussing this matter with Chrysler Financial and with Manheim's Hatfield Auto Auction, we have learned the following. First, your company repossessed Ms. Mullins' 2000 Ford Explorer XLS on December 28, 2007. Upon taking possession of the vehicle, your company retained it on your lot for approximately two days before transferring the vehicle to Manheim's Hatfield Auto Auction. When Hatfield accepted the vehicle, there was no personal property in the vehicle, as it is common standard that the repossession company remove all personal property prior to taking the vehicle to the auction lot. At the time the vehicle was repossessed by your company, the attached list of personal property was in the vehicle. When Ms. Mullins retrieved her vehicle at the auction lot, none of the personal property on this list was in the vehicle. Your company was the only company with access to the vehicle from the time the vehicle was repossessed until the time the vehicle was delivered to the auction lot. Therefore, we expect to have your company provide to us a copy of the inventory taken from the vehicle at the time the vehicle was repossessed. Ms. Mullins requested on multiple occasions to retrieve her property, and was told that she had her chance to retrieve her property, and that it was now too late. These statements were made to her prior to the expiration of the 30 day period she had to retrieve her property. EXHIBIT Stealth Recovery February 13, 2008 Page 2 I appreciate your prompt attention to this matter. If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. Thank you. Enclosures cc: Debbie S. Mullins Very truly yours,,,-,, , t Andrew H. Shaw, Esquire G- a a v 0 n rJ C-=p C:i ca s r? i ul .G" y 0 m F C-1 i T'i SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01482 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MULLINS DEBRA S VS NEIHART CLYDE C DBA STEALTH RE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT NEIHART CLYDE C D/B/A STEALTH RECOVERY SERVICE but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT RECOVERY SERVICE , 6301 BRANDY LANE MECHANICSBURG, PA 17055 NOT FOUND , as to NEIHART CLYDE C D/B/A STEALTH PER POST OFFICE, DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 28.80 Not Found 5.00 Surcharge 10.00 Postage .58 `?1b3/0f 62.38 So answers:, R. Thomas Kline Sheriff of Cumberland County ANDREW SHAW 04/01/2008 Sworn and Subscribed to before me this day of A. D. " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01482 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULLINS DEBRA S VS NEIHART CLYDE C DBA STEALTH RE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: NEIHART CLYDE C D/B/A STEALTH RECOVERY SERVICE but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 17th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 ' Surcharge 10.00 R. Thomas Kline Dep Dauphin County 49.25 Sheriff of Cumberland County Postage 1.52 87.77 06/17/2008 ANDREW SHAW Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas o'Mumb?erland County, Pennsylvania Debra S. Mullins VS. Clyde C. Neihart d/bja No. 08-1482 civil Stealth Recovery Service Now, June 3; 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of -Service Now, J20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to Sworn and subscribed before me this day of , 20 So answers, the contents thereof. Sheriff of COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA f Mtfxt.g of he- err -f Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DEBRA S MULLINS Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS CLYDE C. NEIHART D/B/A STEALTH RECOVERY SERVICES Sheriff s Return No. 2008-T-1198 OTHER COUNTY NO. 08-1482 And now: JUNE 10, 2008 at 1:45:00 PM served the within NOTICE & COMPLAINT upon CLYDE C. NEIHART D/B/A STEALTH RECOVERY SERVICES by personally handing to CLYDE C. NEIHART D/B/A STEALTH RECOVERY SERVICES 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2111 SYCAMORE DRIVE HARRISBURG PA 17112 Sworn and subscribed to before me this 11 TH day of June, 2008 1,7? .1 7 NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Set 1, 2010 So Answers, ? /(? l Sheriff of uphin o ty Pa. By Deputy S ;riff Deputy: G MILLER Sheriffs Costs: $49.25 6/5/2008 ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEBRA S. MULLINS : NO. 08 -1482 Plaintiff vi. : CIVIL ACTION - LAW & EQUITY CLYDE C. NEIHART d/b/a STEALTH RECOVERY SERVICE Defendant NOTICE You are hereby notified to plead to the New Matter stated herein within twenty (20) days of service hereof. Abraham Law Offices 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Defendant, Clyde C. Neihart d/b/a Stealth Recovery Service ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DEBRA S. MULLINS : NO. 08 -1482 Plaintiff V. : CIVIL ACTION - LAW & EQUITY CLYDE C. NEIHART d/b/a STEALTH RECOVERY SERVICE Defendant DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes Defendant, Clyde C. Neihart d/b/a Stealth Recovery Service, by and through his attorney, James W. Abraham, Esquire, Abraham Law Offices, Hummelstown, Pennsylvania, and files the following: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The averments contained in Paragraph 6 of the Complaint are denied in that on December 28, 2007, on or about 11:00 p.m., Defendant, Clyde C. Neihart, through his business, Stealth Recovery Service (hereinafter jointly referred to as "Defendant") repossessed the vehicle at Plaintiffs residence and placed it on Defendant's tow truck and before towing the vehicle away, went to the door of Plaintiff's residence, knocked on the door, which was answered by Plaintiff, and Defendant advised Plaintiff of the repossession and, in accordance with the law and Defendant's standard procedure, provided Plaintiff with the opportunity to retrieve her personal property from the vehicle even before Defendant towed the vehicle away, which Plaintiff proceeded to do and the only thing left in the vehicle prior to the vehicle being towed away by Defendant was miscellaneous trash, which vehicle was witnessed by four (4) Stealth Recovery Service personnel who conducted the repossession; and it is further denied that Defendant removed any automobile parts from the vehicle as referenced on Exhibit "A" to the Complaint, such as the tires, wheels and battery from the vehicle, which is not specifically alleged by Plaintiff, but said allegation is inferred by the automobile parts listed on Exhibit "A". 7. Admitted. 8. Denied. It is denied that Defendant removed any personal property from the vehicle while in Defendant's possession as stated in Defendant's answer to paragraph 6 of the Complaint, which is incorporated herein by reference. 9. Admitted. 10. Denied. It is denied that the property condition report filed by Defendant with Chrysler did not include all of the personal property items which were in the vehicle upon Defendant's repossession as the personal property items alleged in Exhibit "A" to Plaintiff's Complaint were not in the vehicle upon Defendant's repossession as stated in Defendant's answer to paragraph 6 of the Complaint which is incorporated herein by reference. 11. Admitted. 12. Admitted and Denied. It is admitted that there was no personal property as alleged by Plaintiff in the vehicle and it is denied that Defendant removed any such property from the vehicle aS there was no such personal property when Defendant towed and repossessed the vehicle as stated in Defendant's answer to paragraph 6 of the Complaint which is incorporated herein by reference. 13. Admitted. 14. & 15. Denied. The averments contained in paragraphs 14 and 15 of the Complaint are denied in that the document attached thereto as Exhibit "B" speaks for itself. By way of further answer, Defendant incorporates herein by reference Defendant's answer to paragraph 6 of the Complaint. 16. Admitted. 17. through 23. Admitted and denied. It is admitted that Plaintiff and Plaintiff's attorney contacted Defendant on several occasions regarding Plaintiff's claim to personal property allegedly in Plaintiffs vehicle at the time of repossession. It is denied that Defendant was in possession of any of the property claimed to be in said vehicle as stated in Defendant's answer to paragraph 6 of the Complaint which is incorporated herein by reference. By way of further answer, Defendant repeatedly advised Plaintiff and Plaintiff's attorney that Defendant had no such property as claimed by Plaintiff and/or Plaintiff's attorney, however, Plaintiff And/or Plaintiff's attorney insisted on contacting Defendant to make the same allegation against Defendant over and over again, despite the fact that they were repeatedly told that Defendant had no such property and no such property was in the vehicle upon reposses pion by Defendant and/or removed by Defendant. 24. Denied. It is deified that Defendant has denied Plaintiff access to her personal property because said personal property was never in the possession of Defendant as stated in Defendant's answer to Paragraph 6 of the Complaint which is incorporated herein by reference. Strict proof thereof is demanded at time of trial. 25. Denied. Paragraph 25 to the Complaint is an incorporation paragraph to which no response is required. 26. through 30. Denied. The averments contained in paragraphs 26 through 30 to the Complaint are denied in that they constitute legal conclusions to which no response is required and/or the statutes or documents referenced therein speak for themselves. To the extent a response is required, Defendant incorporates by reference Defendant's answers to paragraphs 1 through 27 to the Complaint. 31. Denied. Paragraph 31 to the Complaint is an incorporation paragraph to which no response is required. 32. through 37. Defied. The averments contained in paragraphs 32 through 37 to the Complaint are denied in that they constitute legal conclusions to which no response is required and/or the statutes or documents referenced therein speak for themselves. To the extent a response is required, Defendant incorporates by reference Defendant's answers to paragraphs 1 through 30 to the Complaint. 38. Paragraph 38 to ?'he Complaint is an incorporation paragraph to which no response is required. 39. Denied. It is denied that Plaintiff is entitled to possession of personal property from Defendant as Defendant is not and was not in possession of any personal property of Plaintiff as stated in Defendant's answer to Paragraph 6 of the Complaint which is incorporated herein by reference. 40. Denied. The averments contained in paragraph 40 to the Complaint are denied in that Plaintiff has no information regarding the alleged value of the alleged property referenced in this paragraph and Defendant incorporates herein by reference Defendant's answer to Paragraph 6 of the Complaint. Strict proof thereof is demanded at time of trial. 41. Denied. It is denied that Defendant removed any personal property of Plaintiff from the vehicle as stated in Defendant's answer to Paragraph 6 of the Complaint which is incorporated herein by reference, and Defendant further denies that said property was converted to Defendant's own personal use or benefit. Strict proof thereof is demanded at time of trial. 42. & 43. Admitted and Denied. It is admitted that Plaintiff contacted Defendant on numerous occasions and made the allegation that Defendant was in possession of her personal property. It is denied that Defendant is or was in possession of said property as stated in Defendant's answer to Paragraph 6 of the Complaint which is incorporated herein by reference, yet Plaintiff, despite being told time and time again as to the above, continued to contact Defendant regarding the aforesaid allegations. 44. Denied. Paragraph 44 to the Complaint constitutes a legal conclusion to which no response is required. Strict proof is demanded at time of trial. 45. Denied. It is denied that Defendant acted in a wilfull, wanton or malicious manner at any relevant time hereto and it is further denied that Plaintiff is entitled to exemplary or punitive damages as Defendant incorporates herein by reference Defendant's answers to paragraphs 1 through 44 to the Complaint. 46. Denied. Paragraph 46 of the Complaint is an incorporation paragraph to which no response is required. 47. Denied. It is denied that the personal property items alleged by Plaintiff were ever in the possession of Defendant as stated in Defendant's answer to Paragraph 6 of the Complaint which is incorporated herein by reference and Defendant further incorporates herein by reference Defendant's answers to paragraphs 1 through 45 to the Complaint. 48. & 49. Denied. The averments contained in paragraphs 48 and 49 are denied in that although Plaintiff may be the owner of the property listed in Exhibit "A", said property has never been in the possession of Defendant as stated in Defendant's answer to paragraph 6 of the Complaint, which is incorporated herein by reference and Plaintiff incorporates herein by reference its answers to paragraphs 1 through 47. 49. & 51. Denied. The averments contained in paragraphs 50 and 51 are denied as Defendant's answers to paragraphs 1 through 48 are incorporated herein by reference. WHEREFORE, Defendant, Clyde C. Neihart d/b/a Stealth Recovery Service, respectfully requests Your Honorable Court to dismiss Plaintiff's Complaint, including all counts stated therein and enter judgment in favor of Defendant and award Defendant the relief requested in Defendant's New Matter, as well as any other relief the Court may deem proper. NEW MATTER 52. Defendant's answers to paragraphs 1 through 51 to the Complaint are incorporated herein by reference. 53. Defendant has been in the repossession business for over thirty (30) years and at all relevant times as to Plaintiff, Defendant followed standard industry procedure and any and all applicable laws and/or regulations as to the towing and repossession of Plaintiff's vehicle. 54. Defendant immediately provided Plaintiff with the opportunity to remove all of her personal property even before Defendant towed the vehicle away, which Plaintiff proceeded to do and only after Plaintiff did so, did Defendant proceed to tow the vehicle away. 55. Defendant submits that it is inconceivable that any reasonable person, including Plaintiff, would fail to remove her CDs, cash and other items in the vehicle, which were not part of the vehicle, when given the opportunity to do so, which opportunity Plaintiff was immediately given by Defendant and Plaintiff either failed to do so or said items were never in the vehicle. 56. Defendant submits that the thirty (30) day time period referenced in Plaintiff s Complaint does not provide any person, including Plaintiff, numerous opportunities to pick up personal property from a vehicle, e.g., to pick up some property items the first week of the thirty (30) day period and then some items later during the thirty (30) day time period, as Plaintiff was to be provided an opportunity to remove her personal property items from the vehicle and Defendant immediately provided Plaintiff with said opportunity at the time of repossession. 57. Defendant was not required to even alert Plaintiff that her vehicle was being towed and repossessed at the time of repossession, which is the practice of most repossession companies, however, in good faith, Defendant immediately provided Plaintiff with the opportunity to remove her personal property prior to towing the vehicle away. 58. Defendant did not remove or convert any of said personal property listed on Exhibit "A" to the Complaint as stated in Defendant's answer to Paragraph 6 which is incorporated herein by reference and as to the automobile parts listed on Exhibit "A", although it is not specified in the Complaint, unless Plaintiff is alleging that Plaintiff had a set of spare, unattached tires, wheels, lug nuts, battery and other automobile parts as listed on Exhibit "A" sitting somewhere inside of her vehicle, Plaintiff is then alleging that Defendant stripped the vehicle of its tires, wheels, battery and lug nuts and took the time and effort to install some other tires, wheels, battery and lug nuts on/in the vehicle during Defendant's two (2) day time period with the vehicle, out of the ten (10) day time period during which Plaintiff did not have her vehicle, which allegation, if alleged, is frivolous and egregious. 59. Defendant submits that Plaintiff's Complaint constitutes a frivolous action, without merit as Defendant has no legal or equitable obligation to Plaintiff as to Plaintiff s claims, as Defendant, at all relevant times hereto, complied with standard industry repossession practices and any and all applicable laws, as witnessed by the four (4) Stealth Recovery Service personnel who conducted the repossession, which frivolous action entitles Defendant to sanctions against Plaintiff, including but not limited to, the payment of Defendant's reasonable attorney fees and costs which Defendant is being forced to incur in the defense of the lawsuit filed by Plaintiff. WHEREFORE, Defendant, Clyde C. Neihart d/b/a Stealth Recovery Service, respectfully requests Your Honorable Court to dismiss Plaintiff's Complaint, including all counts stated therein, and enter judgment in favor of Defendant and award Defendant Two Thousand Five Hundred ($2,500.00) Dollars in reasonable attorney fees, which fees are continuing, as well as any other relief the Court may deem proper. Respectfully submitted: James W. Abraham, Esquire Abraham Law Offices 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Defendant, Clyde C. Neihart d/b/a Stealth Recovery Service DATE: 7/11/08 VERIFICATION I, Clyde C. Neihart , the undersigned, hereby verify and confirm that the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief: l further understand that any false statements made herein are subject to the penalties of Title 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. " a DATE: 7 -(0 CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document by first class mail upon the following persons at the following address on the date stated below: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Ste. 11 Carlisle, PA 17013 DATE: 7/11/08 James W. Abraham, Esq. C N ? O 1 F t? ? r ` . t r r n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA S. MULLINS, Plaintiff V. CLYDE C. NEIIIART d/b/a, STEALTH RECOVERY SERVICE, Defendant NO.: 08-1482 CIVIL ACTION - LAW & EQUITY JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, this day of 2008, comes the Plaintiff, Debra S. Mullins, by and through her attorney, Andrew H. Shaw, Esquire and files the instant Answer: 52. No response required. 53. Denied. Plaintiff incorporates her averments from her Complaint in support of her denial. 54. Denied. Plaintiff incorporates her averments from her Complaint in support of her denial. 55. Paragraph 55 of Defendant's New Matter is not a statement of fact specific to Plaintiff and therefore no response is required. To the extent an answer is required, Plaintiff denies her items of personal property were not in the vehicle when Defendant removed the vehicle. 56. Paragraph 56 of Defendant's New Matter is a legal conclusion to which no response is required. 57. Paragraph 57 of Defendant's New Matter is a legal conclusion to which no response is required. 1 58. Denied. Plaintiff incorporates her averments from her Complaint in support of her denial. 59. Paragraph 59 of Defendant's New Matter is a legal conclusion to which no response is required. WHEREFORE, Plaintiff requests this Honorable Court rule in favor of Plaintiff as pled in Plaintiff's Complaint. Date: 9- ?` 09 Respectfully submitted, By: Andrew H. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. clJ Debra S. Mullins CERTIFICATE OF SERVICE I, Andrew H. Shaw, do hereby certify that a true and correct copy of the following document, Plaintiff s Answer to Defendant's New Matter, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: James W. Abraham, Esquire Abraham Law Offices 45 E. Main Street Hummelstown, PA 17036 Attorney for Defendant Date: ?_7_o?y Andrew 14. Shaw, squire 0 ,., cli Z Z f? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA S. MULLINS, NO.: Q8-1482 Plaintiff v. CIVIL ACTION -LAW & EQUITY CLYDE C. NEIHART d/b/a, STEALTH {;-~ ,,,,, RECOVERY SERVICE, "-; ~ ~_; Defendant JURY TRIAL DEMAI~~) o %.. --~ -~ STATEMENT OF INTENTION TO PROCEED ~ T =~-~ ~ -~-- ~ : ~TM --- ': - ,_.' -' c~r . .. ~~ ~ ...~~ To the Court: ~~ ~~ - Plaintiff. Debra S. Mullins, intends to proceed with the above-captioned matter. 4 ~. .. Date. ! _ " ~; , J -_~: ~, Respectfully submitted, ~ _ _ f, /! ,~` -~ ^~ ; By ,~lf/t~""~~i ~ ~~~~n Andrew H. Shaw, Esquire Pa. Supreme Ct. LD. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-713 5 Attorney for Plaintiff