The URL can be used to link to this page

Home My WebLink About09-5809V CHARLES THOMAS LEES, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. D ?- .5'PD 9 Cu J' Te.?.•? JOSEPH B. VANASDALEN : CIVIL ACTION-REPLEVIN Defendant 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 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,PA 17013 1-800-990-9108 717-249-3166 CHARLES THOMAS LEES, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. No. o - S F6,7 JOSEPH B. VANASDALEN : CIVIL ACTION-REPLEVIN Defendant COMPLAINT Plaintiff, Charles Thomas Lees, by and through his attorneys MidPenn Legal Services and Geoffrey M. Biringer, sets forth as follows: 1. Plaintiff is Charles Thomas Lees, an individual who resides at 45 S. West Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Joseph B. Vanasdalen, an individual who resides at 49 Mare Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. On or about February 2009, Plaintiff moved into a property located at 49 Mare Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. Said property is owned by the Defendant Joseph B. Vanasdalen. 5. Plaintiff did not pay a monthly rent to the Defendant. 6. Defendant was aware that Plaintiff was unemployed when he allowed Plaintiff to reside with him at his residence. 7. Defendant allowed Plaintiff to place his possessions in Defendant's storage bin located at the Stardust Motel, Route 34, Carlisle,PA. 8. On or about May 1, 2009, Plaintiff left the residence to get food. When Plaintiff returned from getting food, Plaintiff found that Defendant had seized his possessions. 9. On or about May 1, 2009, Plaintiff attempted to grab what he could of his belongings and left the residence located at 45 Mare Road, Carlisle, Pennsylvania 17013. 10. To the best of Plaintiff's knowledge no levy on Plaintiff's Property has been obtained. 11. Plaintiff and plaintiff's undersigned counsel have made several attempts to contact Defendants to schedule a date and time to allow Plaintiff to remove him possessions from Defendants property. 12. Defendants have failed to cooperate in arranging a time to allow Plaintiff to retrieve his possessions. 13. Plaintiff has not recovered much of his personal property. These items of personalty and their value are set out in Plaintiff's Exhibit "1" and have a total value of One Thousand Six Hundred Dollars ($1,600). 14. Defendants taking of Plaintiff's possessions, holding Plaintiff's possessions, and/or destroying Plaintiff's possessions, is illegal, and Defendant has no right, title, or interest in Plaintiff's possessions. WHEREFORE, Plaintiff prays that this Court Order that Plaintiff's possessions be returned to him from the Defendant or that, if unavailable, Plaintiff be awarded judgment in the total amount of One Thousand Six Hundred Dollars ($1,600), said amount being within the amount subject to compulsory arbitration. Respectfully submitted, MI PENN LEGAL SERVICES By: /Geoff ey M. B ringer Attorney for Plaintiff 401 E. Louther Street Ste., 103 Carlisle, PA 17013 (717)243-9400 LIST OF MISSING ITEMS VALUES 1. 2 boxes of clothes -- $300.00 2. 5 Jackets -- $125.00 3. Electronic wiring -- $ 60.00 4. WWII uniforms, flags, medals -- $650.00 5. Books -- $ 90.00 6. 2 Blankets -- $ 40.00 7. 3pc. Suit -- $150.00 8. Shot glasses -- $ 15.00 9. Personal belongings -- $100.00 10. Toiletries -- $ 50.00 11. Butane bottles -- $ 20.00 TOTAL $1600.00 Exhibit "1" VERIFICATION Charles Thomas :Lees, Plaintiff, verifies that the statements made in the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Charles Thomas Lees, Plaintiff rILED? + c r ,1 F;-CE THE JTAgY 2009 AUG 24 'i (I 26 0 CHARLES THOMAS LEES, Plaintiff, V. JOSEPH B. VANASDALEN Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O4- -5-Ad 1 1e - CIVIL ACTION-REPLEVIN PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow CHARLES THOMAS LEES to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: G V aDq Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 OF THE 1, "TARY 2809AUG 2 AHll: 27 cum; Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ?ayyP11' qt 4lllnfffC/?j?? { Y C}?f.i;? CC'F TMF SM?RIi?F OF Tr T F Oil , Edward L Schorpp Solicitor Charles Thomas Lees I Case Number vs. 2009-5809 Joseph B. Vanasdalen SHERIFF'S RETURN OF SERVICE 09128/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joseph B. Vanasdalen, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Joseph B. Vanasdalen. The Carlisle Postmaster has advised the defendant's new address is 56 W. Main Street Carlisle, PA 17015. SO ANSWERS, September 28, 2009 "Age M R THOMAS KLI E, SHERIFF CHARLES THOMAS LEES, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 5809.- 07 JOSEPH B. VANASDALEN Defendant : CIVIL ACTION-REPLEVIN PRAECIPE TO REINSTATE COMPLAINT Please reinstate the Complaint in the above-captioned action. L Geoffrey M. Biri ger, Attorney for P 'ntiff 401 E.Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 1 OF 7HE PROP-ON07ARY 2009 OCT -2 AM t ! = 38 CUPS :; : rti: a DOUN Y PENNSYl.VP41A Sheriffs Office of Cumberland County FlLEC}:}f= ^F ,N? C TARY R Thomas Kline OF THE PP!--)"HO . Sheriff „tr ?t ,r,llr?,, a 2009 OCT -7 AM 8: 48 Ronny R Anderson Chief Deputy EL - ' Jody S Smith ?:??`i11 il,r`r'? Civil Process Sergeant Or;;,F _F T' PEN "SYL?'? iA Edward L Schorpp Solicitor Charles Thomas Lees vs. Case Number Joseph B. Vanasdalen 2009-5809 SHERIFF'S RETURN OF SERVICE 10/02/2009 07:55 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2009 at 1955 hours, he served a true copy of the within Complaint in Replevin, upon the within named defendant, to wit: Joseph B. Vanasdalen, by making known unto himself personally, at 56 W. Main Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. October 05, 2009 SO ANSWERS, 000114gado:? R THOMAS KLINE, SHERIFF BY-rZ Deputy 7??eriff CHARLES THOMAS LEES, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 5809 -D'`j JOSEPH B. VANASDALEN Defendant CIVIL ACTION-REPLEVIN PRAECIPE To the Prothonotary: Please mark the above-captioned case, "settled and discontinued." Date: 11/16/2009 ~j_ f ~ ~l r Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Lowther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 ~. :.J~ i~iJ~al 1 V ~V !~e ~~~ \i l V~v'1, ..