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HomeMy WebLinkAbout04-1969 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE E. REIMER, Plaintiff V. BARRY A. MILLER, Defendant CIVIL ACTION - LAW 1N 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 RATE Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Attorney I.D. No. 57976 James I. Nelson, Esquire Attorney I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE E. REIMER, Plaintiff BARRY A. MILLER, iDefendant CIVIL ACTION - LAW IN REPLEVIN COMPLAINT IN REPLEVIN AND NOW, this -~-"~ day of May, 2004, comes the Plaintiff, Yvonne E. Reimer, by and through her counsel, Hanft & Knight, P.C., pursuant to Pennsylvania Rule of Civil Procedure 1073.1, and hereby files the following Complaint in Replevin, and in support thereof, avers as follows: 1. Plaintiff, Yvonne E. Reimer, is an adult individual residing 432 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Plaintiff believes and therefore avers that Defendant Barry A. Miller is an adult individual with an address of 135 Beech Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. As is more particularly described below, the Defendant entered into two agreements with the Plaintiff in Cumberland County, Pennsylvania, and the transactions or occurrences out of which this Complaint in Replevin arose took place in Cumberland County, Pennsylvania. herein. COUNT I: 1995 DODGE VAN Paragraphs 1 through 3 above are incorporated herein by reference as if fully set forth 5. On or about February 3, 2003, the Plaintiff and the Defendant entered into a Retail Installment Sales Agreement (hereinafter "Sales Agreement") whereby the Defendant pumhased a 1995 Dodge Van (Vehicle Identification Number 287HB21Z5SK532786, and hereinafter referred to as "1995 Dodge Van") from the Plaintiff. A copy of the Sales Agreement is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof as if fully set forth herein. 6. It is believed and therefor averred that the 1995 Dodge Van referenced in Paragraph 5 above is titled in the Commonwealth of Pennsylvania with the Defendant as the Registered Owner and with a First Lien in favor of the Plaintiff. A copy of the Certificate of Title is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof as if fully set forth herein. 7. The Plaintiff believes, and therefoer avers that the 1995 Dodge Van referenced in Paragraph 5 above is located at 135 Beech Street, Carlisle, Cumberland County, Pennsylvania. 8. The Agreement of Sale reflects that, in partial satisfaction of the agreed-upon $7,350.00 sale price of said Dodge Van, the Defendant made a downpayment of $2,200.00, leaving an unpaid balance of $5,150.00. 9. The Agreement of Sale provided that the Defendant was to repay the balance due on said 1995 Dodge Van in twenty-eight (28) monthly payments of $200.00. 10. The Defendant is in default as he has failed to make any payments in satisfaction of the unpaid and outstanding loan balance of $5,150.00. 11. It is believed and therefore averred that said 1995 Dodge Van has a value of approximately $5,000.00. 12. The Plaintiffhas fi. lily performed her duties and obligations pursuant to the terms of the Sales Agreement referenced in Paragraph 5 above. 13. By reason of the Defendant's failure to make any of the required payments, the Plaintiff is entitled to possession of said 1995 Dodge Van. COUNT II: 2001 HARLEY DAVIDSON 14. Paragraphs 1 through 13 above are incorporated by reference as if fully set forth herein. 15. On or about April 16, 2003, the Plaintiff and the Defendant entered into an oral agreement whereby the Plaintiff paid the $16,000.00 purchase price of a 2001 Harley Davidson motorcycle (Vehicle Identification Number 1HD1BLY141Y054528, and hereinafter referred to as "2001 Harley Davidson motorcycle") on behalf of the Defendant, on the condition that the Defendant would repay said pumhase price to the Plaintiff. Copies of the Plaintiff's canceled checks, used to pay for the 2001 Harley Davidson motorcycle, are collectively attached hereto as Exhibit "C" and by reference incorporated herein and made a part hereof as if fully set forth herein. 16. The oral agreement between the Defendant and the Plaintiff, referenced in Paragraph 15 above, provided that the Defendant was to repay the balance due on said 2001 Harley Davidson motomycle in eighty (80) monthly payments of $200.00. 17. It is believed and therefore averred that the 2001 Harley Davidson motorcycle is titled in the Commonwealth of Pennsylvania with the Defendant as the Registered Owner and with a First Lien in favor of the Plaintiff. A copy of the Certificate of Title is attached hereto as Exhibit "D" and by reference incorporated herein and made a part hereof as if fully set forth herein. 18. The Plaintiffbelieves and therefore avers that said 2001 Harley Davidson is located at 135 Beech Street, Carlisle, Cumberland County, Pennsylvania. 19. The Defendant has failed to make any payments in satisfaction of the unpaid and outstanding loan balance of $16,000.00 on said 2001 Harley Davidson motomycle. 20. It is believed and therefore averred that said 2001 Harley Davidson motorcycle has a value of approximately $15,000.00. 21. The Plaintiffhas fully performed her duties and obligations pursuant to the terms of the oral agreement referenced in Paragraph 15 above. 22. By reason of the Defendant's failure to repay any portion of the amount that he owes the Plaintiff for said 2001 Harley Davidson motorcycle, the Plaintiffis entitled to possession of said 2001 Harley Davidson motorcycle. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court grant the following relief: Replevin of the 1995 Dodge van and 2001 Harley Davidson motorcycle; Costs of this action together with reasonable attorney fees; and Any such other and further relief the Court considers just, proper, and appropriate trader the circumstances. Respectfully submitted, ? HANFT & KNIGHT, P.C. Attorney ID No. 57976 James I. Nelson, Esquire Attorney I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION I, Yvorme E. Reimer, hereby VERIFY that the statements set forth in the attached document are tree and correct to the best of my knowledge, information and beliefi I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities. Y~onfle E. Reimer EXHIBIT A EXHIBIT B OlIO 1GFJO3~,O(:ia"IO,.t-DUl . .. 1' ' ' ~ ' ' I q3~ .PINE RD . , . . · ~ .¢.~ ;-?, , · ~-~,~~~*ALLEN'D BIEHLERi' ACTING' ; ~ , ~ ~ , ~ ~ ~ ~. , ~ ~1~ ............. ' TM . ~ ' .. ~., ~ . ~,~~(~~ " - . ~;, .~. ..' .... ~. '~ '"'(" ':'~'"'~"N ~ ..... ' "~'' ,,..~: '~- -~.~.m.., ~ ~i6_.iN ~... ENCE OF A NOTARY m. .; ;.',."2~'; 'z:'. .. · .... . ,...._ :',.._,_". ..... fi...., . ,.~ ~ '. · '.*.,~ '. c.~ '...,"", ¢' ~ ~1~. ~..,. ~,,,.~ ,,-'-,,~. , ...,,. ~ ..... , .. ¢~,;~' ~e... ..,~,,,, ~ ~. ,.. ~..,.. ~,.-.. ~~¢,'~.?~,~ , _,,~__ ....__... . .... ~~:. ~. ~ ...... ~ .,f~ .~ ,,... ~...~ .... .., f~ ,,. ...... ~'~.~.,.,:¢ . ~ ~¢;.~ ~.~= ,.~.~,~.~ .~¢~ p ..... '" , ., ,,. ~.~.~.4.~ a.,,,=,, .. -..,,k.,,,,.,..,, ,&..,.,~,..,,.,,.,,.=,,..,,,,... ,..~.,,,. EXHIBIT C KATIE OCKER - 3,93.tif . - ~ Page KATIE OCKER - 00005851 .tif '" _ .~ - ~ Page EXHIBIT D CO HT,HOLLY: SPGS PA 1,?( g..~,t"~w.m,,,o~ ;XHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA YVONNE E. REIMER, Plaimiff V. BARRY A. MILLER, Defendant 2004- 1969 Civil Term CiVIL ACTION ~ LAW IN REPLEVIN PRAECIPE TO ENTER DEFAULT JUDGMENT To the Prothonotary: Please enter default judgment in favor of Plainfiffand against Defendant for Defendant's failure to file an answer to the Plaintiff's Complaint in Replevin. James I. Nelson, Esquire Attorney I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 CERTIFICATION AND NOW, this 16t~ day of June, 2004, I, Janaes [. Nelson, Esquire, hereby certify that written notice of the intention to take a default judgment was mailed via first class, United States Ma/I, postage pre-paid, to the party against whom judgment is to be entered after the default occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of the notice of intention to enter judgement by default is attached hereto as exhibit "A." ~lson, Esquire Attorney I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Exhibit A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE E. REIMER, : Plaintiff : : V. ; BARRY A. MILLER, : Defendant : 2004 - 1969 Civil Term CIVIL ACTION - LAW REPLEVIN IMPORTANT NOTICE TO: Barry A. Miller DATE OF NOTICE: June 4, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA IMPORTANTE A: Barry A. Miller FECHA DE NOTICIA: June 4, 2004 USTED NO HA COMPL1DO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POStBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERI)ER SU PROPIEDAD O OTROS DERECHOS I/VtPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADO O NO TtENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABA JO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ~D. No. 57976 James I. Nelson, Esquire Attorney I.D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE E. REIMER, Plaintiff 2004 - 1969 Civil Term CIVIL ACTION - LAW BARRY A. MILLER, 165~ t~cc~t 54qt-ca4Dqfendant ~ ~PLEV~ oss ssms To the Prothonotary Please issue a Writ of Possession in the above matter. H~GiT, P.C. (~es~eX~son, Esquire "~rff6mey ID. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 To: Curtis R. Long, Prothonotary Date: June 16, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE E. REIMER, Plaintiff V. BARRY A. MILLER, Defendant 2004 - 1969 Civil Term CIVIL ACTION - LAW IN REPLEV1N WRIT OF POSSESSION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Yvonne E. Reimer: 1995 Dodge Van (VIN 287HB21Z5SK532786) and 2001 Harley Davidson motorcycle (V1N 1HD1BLY141Y054528) To satisfy the costs against Defendant Barry A. Miller you are directed to levy upon any property of Barry A. Miller and sell his or her interest therein. Prothonotary Deputy Seal of the Court Date: ,2004 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Yvonne E. Reimer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Term No. 04-1969 Civil Term vs. Costs Barry A. Miller A~'y. $130,95 135 Beech Street Pl'ff(s) $ Carlisle PA 17013 ~ Prothy, $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Yvonne E. Reimer being: (Premises as follows): Plaintiff (s) 1995 Dodge Van, VIN 287HB21Z5SK532786 2001 Harley Davidson motorcycle, VIN 1HD1BLY141Y~54528 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date June 16, 2004 (SEAL) CURTIS R. LONG Prothonotary, Common Pleast~our~ of Cumberland County, Pennsylvan/a < / ,/~/ {~-/ Deputy By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appurtenances, and __, tO Sworn and subscribed to before me this day of __, So Answers, Sheriff Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE E. REIMER, Plaintiff BARRY A. MILLER, Defendant 2004 - 1'969 Civil Term CIVIL ACTION - LAW IN REPLEVIN To the Prothonotary PRAECIPE FOR WRIT OF SEIZURE Please issue a Writ of Seizure in the above matter. HANF~T &~ 7IGHT, P.C. ,(~n~ ~elson, Esquire D. No. 91144 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 To: Curtis R. Long, Prothonotary Date: June 2~, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE E. REIMER, Plaintiff BARRY A. MILLER, Defendant 2004 - 1969 Civil Term CIVIL ACTION - LAW 1N REPLEVIN WRIT OF SEIZURE To the Sheriff of Cumberland County: You are directed to seize the following property: 1995 Dodge Van (VIN 287HB21ZSSK532786) and 2001 Harley Davidson motorcycle (VIN 1HD1BLY141Y054528) If the property is found in the possession of anyone not already a defendant, you are directed to add that person as a defendant, and notify that person that he or she has been added as a defendant and is required to defend the action. Date of Writ ~g a., ;l~n~__~ o:~t~: Cxxmty $1.00 Prothonotary (SEAL) TRUE COPY FROM RECORD in Testimony whoreol, i here unto set my har~ and t~ ~ o~ said Co~t a~ (;at~le. Pa. t , ~othon~r~ WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) Yvonne E. Reimer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, Term No. 04-1969 Civil Term vs. Costs Barry A. Miller Att'y. $ 210.95 135 Beech Street Pl'ff(s) $ Carlisle PA 17013 ~ Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CUMBERLAND County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Yvonne E. Reimer being: (Premises as follows): Plaintiff (s) 1995 Dodge Van, YIN 287HB21Z5SK532786 2001 Harley Davidson motorcycle, VIN 1HD1BLY141Y~54528 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Date June 16, 2004 (SEAL) CURTIS R. LONG Prothon~otary, Common Pleas/Eoul~ of Cumberland County, Pennsylvania By: SEP 2t 2004 IN THE COURT OF COMMON iPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE E. REIMER, Plaintiff 2004 - ~[969 : Civil Action - Law : BARRY A. MILLER, : Defendant : _ORDER AND NOW, this ~it ~ day of .P~r'e~&~ ., 2004, the Court hereby awards ownership of one 1995 Dodge van, bearing the Vehicle Identification Number 287HB21Z5SK532786, and one Harley Davidson motorcycle, bearing the Vehicle Identification Number 1HD1BLY141Y054528, to Yvonne E. Reimer, and the right, title, and interest of any other person to said vehicles is hereby extinguished. The Department of Transportation may accept this Order as evidence of ownership in lieu of certificates of title. The Petitioner, Yvonne E. Reimer, shall submit the appropriate forms, taxes, and :fees and comply with any other procedures of the Department of Transportatio:rt in order to receive the appropriate certificates of title for said vehicles. Distribution: James I. Nelson, Esquire Attorney for Plaintiff Barry A. Miller Defendant Go/o? BY THE COURT: