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HomeMy WebLinkAbout09-35296 MAUREEN MANLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -REPLEVIN DANA HOWELL, / Defendant No, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulsent may be entered against you by the court. A judgment may also be entered against you for any other claim or relief ra??tteste d in there papers by the Phtinti& You may lose money or property or ether ruts important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marrugM you may request marriage counseling. A list of marriage counselors is available m the Office of the Prothonotary at the Cumberland County Courthouse, High and Hanover Streets, Carlisle Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AN E T IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. CgWberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone 717 249-3166 MAUREEN MANLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUNIBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION / REPLEVIN DANA HOWELL, NO. I 91- 3 s ?C? c Jr?? f ??? Defendant 0. 0 COMPLAINT / ACTION IN REPLEVIN PURSUANT TO RULE 1073.1 OF PA RULES OF CIVIL PROCEDURE 1. Plaintiff is Maureen Manley whose address is 8005 Heflin Drive, Clinton, Maryland, 20735. 2. Defendant is Dana Howell whose address is 20 Slate Lane, Newville, Pennsylvania 17241. 3. That the description of the property to be replevined is a Gelding Horse by the name of JC. 4. That the horse is currently located at 20 Slate Lane, Newville, Pennsylvania 17241. 5. That the horse has an approximate value of Five Thousand ($5,000.00) dollars. 6. That the horse was loaned to Defendant by Plaintiff to assist in adjustment issues regarding a minor child know as TJ. 7. That it was agreed between Plaintiff and a third party who delivered the horse to Defendant that she could keep the horse for a reasonable period of time to assist in this process. 8. That on or about August 2006, the horse in question was delivered to Defendant. 9. That in November of 2008, Plaintiff notified Defendant that she was going to pick up the horse. 10. That Plaintiff traveled to Pennsylvania with a horse carrier and appeared at Defendants residence to pick up her horse. 11. That when Plaintiff attempted to pick up her Gelding, she was confronted by attorney Sally Winder and advised to leave the premises or be arrested. 12. At the time of this exchange, Plaintiff advised attorney Winder and Defendant that the loan agreement was terminated and the horse needed to be returned. 13. That Plaintiffs claims were ignored and rejected. 14. That Plaintiff is the registered owner of this horse. 15. That Defendant does not have and cannot provided title or bill of sale endorsed by Plaintiff. 16. That Counsel for Plaintiff posted two letters and phoned the law office of Sally Winder on six occasions with a view to seeking the return of Plaintiffs horse without litigation. 17. That attorney Winder returned a single letter refusing to comply and neglected to return any of the phone calls placed to her office. 18. That Plaintiff believes her horse remains in the custody and care of Defendant. 19. That Defendant refuses to return the horse notwithstanding numerous requests by Plaintiff and her counsel 20. That Defendant has wrongfully and without permission retained the custody of Plaintiffs Horse. Wherefore, Plaintiff, by and through her attorneys, Gan Law Group, respectfully requests this court order the immediate return (Replevin) of the Horse know as JC to it's rightful owner, Maureen Manley, Plaintiff herein. 64 South Pitt Street Carlisle, Pa 17013 ID 68721 717-241-4300 Resnectfullv submitted. VERIFICATION I, MAUREEN MANLEY, hereby certify that the facts set forth in the foregoing Complaint / Action in Replevin 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.A. §4904 relating to unsworn falsification to authorities. DaW5 1 N MANLEY Document #: 163765.1 CI5)- FLE y y.. s Z ? G' a 70 V MAUREEN MANLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION / REPLEVIN DANA HOWELL, I q o 6 q- 3 5.)_ ? c v, '/ `f t rt4 Defendant MOTION FOR EX PARTE WRIT OF SEIZURE PURSUANT TO RULE 1075.2 OF PA RULES OF CIVIL PROCEDURE 1. Plaintiff is Maureen Manley whose address is 8005 Heflin Drive, Clinton, Maryland, 20735. 2. Defendant is Dana Howell whose address is 20 Slate Lane, Newville, Pennsylvania 17241 3. The horse know as JC may be described as follows: Chestnut, red in color with a Small round white circle on his left side; the gelding also has a white blaze running down his forehead and nose. 4. The horse is currently located at 20 Slate Lane, Newville, Pennsylvania 17241. 5. The horse has an approximate value of Five Thousand ($5,000.00) dollars. 6. That Defendant refused to let Plaintiff see her horse in the fall of 2008 and Plaintiff has been adversely affected by the continued possession and use of her horse by Defendant. 7. That both Defendant and her attorney have taken a threatening and adversarial stance regarding the return of the Gelding know as JC which is owned by Plaintiff. 8. Plaintiff believes Defendant will attempt to secrete, hid or otherwise locate the Gelding outside of Cumberland County if a pre judgment writ of seizure is not issued. 9. That pursuant to Rule 1075.3 of Pennsylvania Rules of Civil Procedure, Plaintiff has secured a bond in the amount of $10,000. (Double the value of the Gelding JQ A copy of that Bond is attached hereto and marked exhibit A. WHEREFORE, Plaintiff respectfully requests that this court issue an Ex Parte Writ of Seizure regarding the Gelding known as JC. Respectfully Submitted, Richard R. Gan 64 South Pitt Street Carlisle, Pa 17103 68721 7217-241-4300- W;,RNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Idw. ELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Fat t No. 220542 Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 2 6 6 6 6 0 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine nsurance.Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anthony M. Macinanti, David R. Bradbury, Kitty A. Cassell, Luella G. Kauffman, Timothy C. Hoagland, Gayle K. Morse, Heidi R. Brutko, Kimberly A. Horning, Jamie J. Werner, Brent D. Headley, Lydia A. Mantle, R. Scott Miller, and Stephanie L. Banked of the City of _- -R caster , State of Penn_i luania , their true and lawful Attorney(s)-in-Fact, each in their separai a capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in the business oSuaranteeing the fidelity of persons, guaranteeing the performance of contracts and execul ing or guaranteeing bonds and undertakings required or r ein a V " . ns g eedings allowed by law. ?g ` 24$ 17th IN WITNESS WIWREOF, the Companies have caused this ins?to'be neb?nd ,r orate seals to be hereto affixed, this day of October 2008 l Farmington Casualty St. Paul Guardian Insurance Company Fidelity and Guarantyir?paq}? © SG Paul Mercury Insurance Company Fidelity and Guaranty Insu a Unde ers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company pl.SUq '` y. rj. ryF1* { !o\'??`q'y J0+ills q ??,?t'I ,Iqa +` ? ? ts?as' 1 {?J71 X827 ! ('EALo° ?i??SBxIj{i ; EE'f 'mod tSli6 State of Connecticut City of Hartford ss. By: Georg Thompson, (Oil ice President On this the 17th day of October 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and,Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Corlpany, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ET 0.7 In Witness Whereof, I hereunto set my hand and official seal. T*AA My Commission expires t is 30th day of June, 2011. # A?«Q Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. Bond No 104997781 8005 Heflin Drive Clinton, MD 20735 Plaintiff vs Common Pleas of Cumberland Co Court Carlisle City Cumberland County Pennsylvania State 20 Slate Lane. No. Newville,PA 17241 Defendant REPLEVIN BOND KNOWALL MEN BY THESE PRESENTS, That weMaureenManley as principal, and Travelers Casualty and Surety Company of America of Connecticut and having an office and usual place of business at 770770 ennclvania Aye,Fton_, PA as Surety, undertake and are bound to the defendants, pans Howell, 20 Slate Lane, Newville, PA 17241 in the sum of Ten Thousand and 00/100'#' - ( 510,000.00 DOLLARS, for the payment of which well and truly to be,madewe bind „ourselves, our heirs, executors, administrators, assigns and successors, forever firmly by these presents, upon condition that plaintiff, in the above entitled cause shall prosecute "action of 'replevin `against defendants with effect and without delay, and that plaintiff $hall.,return, the propez:rty "to the,deferidants,,if return thereof be adjudged, and in default of such delivery, for the.payment of the assessed value of sudh 'property and for the payment of all damages for 'the taking ,and 'detention thereof," and for"'all costs that may accrue in this action, then this bond to be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this 14th day of May 2009 t Maureen Manley Principal By: Travele Caassuaty d Surety Company of America By 1; Heidi R. Brutko Attorney-In-Fact Approved By: Judge S-7061 (10/06) r'+ i^ '._ ? ! , r. ?.. ?. ?r n,? i., r. Li.,??(.,i1 LU C 11 '' ? i ?? 4;...... ... /' MAUREEN MANLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION / REPLEVIN DANA HOWELL, Defendant X Gila d- MOTION FOR EX PARTE ISSUANCE OF WRIT OF SEIZURE PURSUANT TO RULE 1075.2 OF PA RULES OF CIVIL PROCEDURE 1. Plaintiff is Maureen Manley whose address is 8005 Heflin Drive, Clinton, Maryland, 20735. 2. Defendant is Dana Howell whose address is 20 Slate Lane, Newville, Pennsylvania 17241 3. That the description of the property to be replevined is a Gelding Horse known as JC. 4. That the Gelding is currently located at 20 Slate Lane, Newville, Pennsylvania 17241. 5. That the horse has an approximate value of Five Thousand ($5,000.00) dollars. 6. That Defendant refused to let Plaintiff see her horse in the fall of 2008 and Plaintiff has been adversely affected by the continued possession and use of her horse by Defendant. 7. That both Defendant and her attorney have taken a threatening and adversarial stance regarding the return of the Gelding JC which is owned by Plaintiff. 8. That Plaintiff believes that Defendant will attempt to secrete, hid or otherwise locate the Gelding outside of Cumberland County if a prejudgment writ of seizure is not issued. 9. That pursuant to Rule 1075.3 of Pennsylvania Rules of Civil Procedure, Plaintiff has secured a bond in the amount of $10,000. (Double the value of the Gelding JC) A copy of that Bond is attached hereto and marked exhibit A. 10. That as this is a new file; no Judge of the Cumberland County Court of Common Pleas has previously been assigned to this case. 11. That inasmuch as this is a motion for Ea-Parte Writ of Seizure, opposing counsel was not asked to consent nor disagree, for obvious reasons. WHEREFORE, Plaintiff respectfully requests that this court issue an Ex Parte Writ of Seizure regarding the Gelding known as JC. Respectfully Submitted, t ictiard K. Ciao 64 South Pitt Street Carlisle, Pa 17103 68721 7217-241-4300- _ HLEU...,, 2209 NAY 29 hil"ll IC- 14 -.-1 ' "S r MAY VVI) MAUREEN MANLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION / REPLEVIN DANA HOWELL, ?Jd Q - 3 5 ?-?I Cam' ? ?Y Defendant NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: DANA HOWELL YOU ARE HEREBY NOTIFIED THAT: (1)' Plaintiff has commenced an action of replevin and has filed a motion for seizure of the property described in the complaint. A copy of the complaint and motion is attached to this notice: (2) There will be a hearing on this motion on ZG zoo 9 at J? az n ?N C&-wP (3) You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized; (4) Your failure to appear at the hearing may result in the seizure of the property claimed by Plaintiff before a final decision in this case. j "d /y MAUREEN MANLE , PLAINTIFF RICHARD R. GAN, ESQ. 64 SOUTH PITT STREET CARLISLE, PA 17013 717-241-4300 Lfl 1 43 ?zj W 1 1. J MAUREEN MANLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - REPLEVIN NO. 09-3529 CIVIL DANA HOWELL, Defendant IN RE: HEARING FOR SEIZURE OF PROPERTY ORDER AND NOW, this Z G' day of June, 2009, a hearing on the plaintiff's motion for writ of seizure is set for Wednesday, July 22, 2009, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. Your failure to appear at the hearing may result in the seizure of the property claimed by plaintiff before a final decision in this case. ? Richard R. Gan, Esquire For the Plaintiff Sally Winder, Esquire For the Defendant /ana Howell 20 Slate Lane Newville, PA 17241 BY THE COURT, ,4(,1- Kevin,C: Hess, J. rim z..1aQlaq - eo??I LeCE vs. 1~-- e To In the Court of Common Pleas of Cumberland County, Pennsylvania No. ~ j ~ ~~_ Civil ~ ~ ~~ ~~, L_ Prolhono4lry 1A ~7E'r"'-~C~ No. Term, 19 OF 'Il-~C P~JI~~;~u)tARY 1Q99 AUG 17 P~- 3~ 30 CASH ~~~~~ ~.,`~,. -:,~; ~; aa9a 9'8 ~s. PRAECIPE Filed 19 Atty. MAUREEN MANLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -REPLEVIN NO. 09-3529 CIVIL DANA HOWELL, Defendant IN RE: MOTION FOR WRIT OF SEIZURE ORDER AND NOW, this Z S` day of September, 2009, our recent hearing having raised unresolved questions of ownership and it appearing that there is no imminent risk of harm to the horse which is the subject of these proceedings, the motion for writ of seizure in this replevin action is DENIED. BY THE COURT, Kevin ~ ,/~ichard R. Gan, Esquire For the Plaintiff ally Winder, Esquire For the Defendant y~ rlm '~ o~ ~~. OA /~ ~,~ Hess, J. n ~~9 ~'~r Z~ F'i ~ ~~'~ a,. tit ;,: ..:' I ` t R y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA MAUREEN MANLEY CIVIL ACTION -REPLEVIN Plaintiff v. DANA HOWELL Docket No. 09-3529 Defendant ORDER AND NOW, this /9 ~ day of February, 2010, upon consideration of the attached stipulation, and it appearing that all parties and their counsel consent to the terms therein, IT IS ORDERED and DIRECTED, THAT the settlement agreement is adopted by this Court as final resolution of this litigation. IT IS FUTHER ORDERED, that upon payment of the agreed upon sum to Defendant and return of the horse known as JC to Plaintiff, this action and all related claims are dismissed with prejudice. BY THE COURT: f Kevin A. Hess, P.J. c-n ~, _- _~ 'strbution: ~'~~~'~~'l` ~+ ~`~ ~~ n r=- ,Nathan C. Wolf, Esquire r~> _ ~~i For the Plaintiff , - ~' ~~ ^+, -_ Ti Richard R. Gan, Esquire ~: _ ~ ~~ ~' ,> For the Plaintiff :~, ~: / Sally J. Winder, Esquire For the Defendant I ~/~~/~~ ~~ /~