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Home My WebLink About09-5685 ALAN E. STECK, VS. DEBRA MASON, Plaintiff Defendant NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 69_S 17 $'$- CIVIL TERM CIVIL ACTION - REPLEVIN 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 ALAN E. STECK, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 0 CIVIL TERM DEBRA MASON, ) CIVIL ACTION - REPLEVIN Defendant ) COMPLAINT IN REPLEVIN AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and files the following Complaint in Replevin in accordance with Pa. R.C.P. 1073 et seq, and states the following: 1. The Plaintiff is Alan E. Steck, an adult individual who resides at 910 Bonny Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Deborah Mason, an adult individual who resides at 806 Grantham Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant formerly resided together at the Defendant's home, for a period of approximately 14 months. That arrangement ended in April of 2009 when Plaintiff moved from Defendant's home. 4. During the time that Plaintiff resided in Defendant's home, he placed various items of his personal property in the home or on the property on which the home is situated. Those items include two motor vehicles and various other items of personal property, all of which are described on Schedule A which is attached hereto. The items on that list are the items which Plaintiff seeks to replevy. 5. The reasonable value of the items which Plaintiff seeks to replevy are listed on Schedule A. 6. To Plaintiff's knowledge, all of the items he seeks to replevy are located at the Defendant's home at 806 Grantham Road in Mechanicsburg, Pennsylvania. 7. Plaintiff has requested the return of the items listed on Schedule A. Defendant has failed and refused to deliver the items or to give Plaintiff reasonable access to her property to retrieve them. 8. Defendant's conduct has injured Plaintiff in that it has denied him of the possession and benefit of property owned by him. WHEREFORE, Plaintiff prays this Court to grant his request to replevy the items listed on Schedule A and, after hearing or trial, to direct Defendant to return those items to Plaintiff and restore him to their possession, and for this Court to award Plaintiff reasonable damages for the deprivation of those items by Defendant until such time as they are returned. 2' uel L. An es Attorney for Plaintiff P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 COMMONWEALTH OF PENNSYLVANIA ) ) SS.. COUNTY OF CUMBERLAND ) ALAN E. STECK, being duly sworn according to law, deposes and says that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. ALAN E. STECK Sworn to and subscribed before me this 1-7+hday of Aug ?s ?- , 2009. -- 61- Notary Public '. ,AL:f41i OF PENNSYLVANIA NOTARIAL SEAL LYNN EHRENFELD, Notary Public Lemoyne Boro., Cumberland County My Commissiog Expires February 1, 2013 SCHEDULE A ITEMS TO BE REPLEVIED BY PLAINTIFF ALAN E. STECK. 1967 Chevrolet Camaro automobile $25,000 1995 Chevrolet Astro van $2,000 Two tool boxes with tools $1,000 Living room set including couch, recliner, end table, coffee table, and assorted wall fixtures $2,300 Entertainment unit and television $1,000 Computer desk and chair $200 Clock radio $50 Sony computer system $500 Couch in basement $500 Two automobile tires $500 Inner fender wall linings for automobile $250 Fishing tackle and tackle box $100 Two telephones and answering system $75 Grandmother's items, including wine bottle holder and ceramic mice $400 Lawnmower with bag $400 6b - ?!?"r-iCE OF P P?7?! %-? 10TA!' 1009 AUG 17 PM 3: 0 6 CU v 0---, INTY tk 713'5-- o-#- xd-9a-9s- Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor `v??a?r ?t 4uru(irr?rx>?x? :r ALEU'-0*7= ' OF THE PROni ONOTAW 2009 SEP -8 AM 18: 3 b CU E FIL,--?'40 ';0'L 1Y PENNSYLV . Alan E. Steck vs. Debra Mason Case Number 2009-5685 SHERIFF'S RETURN OF SERVICE 09103/2009 04:52 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 3, 2009 at 1652 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Debra Mason, by making known unto herself personally, at 806 Grantham Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.44 r;;O? September 04, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff d ALAN E.STECK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-5685 CIVIL TERM DEBRA MASON, : CIVIL ACTION - REPLEVIN Defendant DEFENDANT'S ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. It is admitted that Plaintiff brought various items of personal property into Defendant's home, but it is denied that all of the items Plaintiff's seeks to replevy on Schedule A belong to him, or have not already been returned to him, specifically, as follows: a. Chevy Camaro (already returned); b. Chevy Astro (already returned); C. Two tool boxes with tools (Defendant will return that portion of the items that belong to the Plaintiff); d. Living room set, etc. (already returned, except the wall fixtures/ hangings, which were a gift to Defendant and cannot be removed from the wall without structural damage); e. Entertainment unit (already returned); f. Computer desk and chair (already returned); g. Clock radio (gift to Defendant and cannot be removed without structural damage to cabinet); h. Sony computer (purchased on Defendant's Visa card and owned by Defendant; i. Couch in basement (Defendant will return); j. Two automobile tires (Defendant will return); k. Inner fender wall linings for auto (Defendant will return); 1. Fishing tackle and tackle box (Defendant will return that portion of the items that belong to the Plaintiff); M. Two telephones and answering system(Defendant will return); n. Grandmother's items (Defendant will return); o. Lawnmower with bag (gift to Defendant). 5. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment, and proof thereof is demanded at trial. 6. Admitted and denied as set forth above in Paragraph 4. 7. Admitted and denied as set forth above in Paragraph 4. 8. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. To the extent that Defendant does have information, however, some of the items Plaintiff seeks to replevy, including the most valuable items; have already been returned to him and Defendant is ready, as set out above in Paragraph 4, to return other items. Defendant, however, has legitimate claims to other items Plaintiff claims are his. WHEREFORE, Defendant requests that the Plaintiff's Complaint be dismissed and judgment entered for the Defendant. MIDPENN LEGAL SERVICES By. ,? - eoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 VERIFICATION I, Debra Mason, make this verification that the facts set forth in the foregoing Answer 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 falsification to authorities. Date: "AA-0 0 f Deb Mason CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Defendant's Answer to Complaint in Replevin on this 6th day of November 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 4 r l ` By: Geoffrey M. Biringer Attorney for the Defendants 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 t