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Home My WebLink About09-8722JOHN R. FENSTERMACHER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. CR- 67aa 3vt t lerM DEBRA L. MOSER Defendant CIVIL ACTION - LAW 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 JOHN R. FENSTERMACHER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. DEBRA L. MOSER Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, John R. Fenstermacher, by and through his attorneys, the Offices of Fenstermacher and Associates, P.C. and files this Complaint as follows: 1. Plaintiff is an adult individual residing at 100 Green Ridge Road, Carlisle, Pennsylvania. 2. Defendant is an adult individual residing at 1709 Carlisle Road, Camp Hill, Pennsylvania. 3. Plaintiff moved in the home of Defendant temporarily and then it was discovered Plaintiff had cancer. Plaintiff and Defendant agreed that he should move in so that care of the disease could be provided by Defendant among others. 4. Plaintiff brought items that he had owned for many years and collected that were never seen or purchased by Plaintiff and never did Defendant pay any monies for the purchase of these items. 5. Plaintiff purchased many items including a bed to help through the disease. Defendant contributed nothing to those purchases. 6. All those items are attached as Exhibit A herein. 7. Defendant determined that the care of the Plaintiff required too much time by Defendant so instead spent most nights out with friends while Plaintiff remained confined to bed. 8. At some point, Defendant showed up at her home and brought people to see Plaintiff in bed and admitted she was drunk and stated she could care for Plaintiff but her actions resulted in harm to the Plaintiff. 9. During this time, Defendant was inebriated and negligently removed the feeding tube from Plaintiff. 10. Plaintiff made the determination that the only way to survive was to go seek other care and leave the premises. 11. To date, despite requests, Defendant refuses to turn over the items belonging to Plaintiff as set forth in Exhibit A or have converted those to her personal use. COUNTI REPLEVIN EQUITY 12. Averment 1 through 11 are incorporated herein by reference as though fully set forth herein. 13. Defendant refuses to return the items set forth in Exhibit A. 14. Plaintiff has owned these items for many years and/or purchased them for his use during his medical treatment and recovery. 15. Defendant has contributed nothing for the purchase of these items and converted these items to her own use. WHEREFORE, Plaintiff requests the Court to issue an order directing that Defendant provide these items to Plaintiff within 5 days of its order or direct the Sheriffs Department to recover the items and return the items to Plaintiff. All costs, expenses shall be borne by the Defendant. Judgment shall be entered in favor of Plaintiff together against Defendant with any other relief the Court deems appropriate. COUNT II CONVERSION 16. The averments entered in Paragraph 1 through 15 are incorporated herein by reference as though fully set forth herein. 17. Defendant has refused to return the items on Exhibit A to Defendant and has retained them for the sole benefit of Defendant. 18. Defendant never paid anything for the items set forth in Exhibit A. 19. These items are set forth on Exhibit A totaling a market value of over $60,000.00. 20. Defendant refuses to pay for the items. WHEREFORE, Plaintiff requests judgment in an amount in excess of $35,000.00 which is in excess of the arbitration limits of Cumberland Court together with all costs and other relief the Court deems appropriate. Respectfully submitted, FENSTERMACHER AND ASSOCIATES. P.C. DATED: 1 /1/0 r Pohn Fenstermacher Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff EXHIBIT "A" 1. Buffalo robe blanket 2. 3 full size steer skins 3. 4 piece Victorian 1850 bedroom set 4. Pine step back cupboard 5. 2 antique rifles 6. 2 saddles 7. Xmas tree/pot 8. Indian Artifacts - tomahawks, medicine, wheels, spears, peace pipes - approximately 30 pieces. 9. Art - western print/framed 10. Robert E. Lee Bronze 11. Art -Cooper - 2 pieces western 12. Antique Lancaster county blanket chest 13. 2 blanket chests - family Room 14. 2 lamps - family room 15. Electrical lighting - wall 16. King Master box spring 17. Log bed - king 18. 2 Victorian stands 19. 2 pine jelly cupboards 20. Chippendale Williamsburg mahogany mirror 21. Indian Kachina dolls - 5 22. Redware bowls - plates - 2 23. 3 metal colonial lamps - bedroom 24. Deer lamp - bedroom 25. 42 inch flat screen TV 26. DVD player - 2 family room and bedroom 27. Power tools - Rysbi 28. 9x12 oriental rug 29. Oil Painting - bedroom 30. Oil painting - living room - 2 31. Bose wave radio 32. King bed comforter set 33. 1 coyote hat 34. Tommy Singer onyx - sterling cross VERIFICATION I, John R. Fenstermacher, hereby certify and verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. John R. Fenstermacher CERTIFICATE OF SERVICE AND NOW, on this l7 day of December, 2009, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing Complaint by mailing a true and correct copy by United States first class mail, addressed as follows: Debra L. Moser 1709 Carlisle Road Camp Hill, PA 17011 FENSTERMACHER AND ASSOCIATES, P.C. BJ hn R. Fenstermacher 0 tai L -r' 1 3 E 1' 24' !W, a. oo PQ A7T*-4 o23!S 3(o . JOHN R. FENSTERMACHER V. Plaintiffs DEBRA L. MOSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-8722 CIVIL ACTION PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: Please mark the above-referenced action DISCONTINUED WITH PREJUDICE. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: John Fenstermacher Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiffs DATED: ?{ - j CERTIFICATE OF SERVICE AND NOW, on this olev? day of August, 2010, I, John R. Fenstermacher, Esquire, hereby certify that I have served the foregoing Praecipe to Discontinue With Prejudice by mailing a true and correct copy by United States first class mail, addressed as follows: Michael J. Crocenzi, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108 FENSTERMACHER AND ASSOCIATES, P.C. By: John R. Fenstermacher