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Home My WebLink About06-4520IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW MICHAEL R. COMISKEY and AMY C. COMISKEY, his wife, Plaintiffs VS. FRANK ROBERTO and JUNE M. ROBERTO, his wife, Defendant No. 2006 - C:W Action in 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 Telephone No. (717) 249-3166 AVISO MORRIS & VEDDER 32 N. DUKE ST. YORK. PA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar una comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin sted y la corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 Telefono No. (717) 249-3166 MORRIS & VEDDER 32 N. DUKE ST YORK. PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW ?_ MICHAEL R. COMISKEY and No. 2006 - 4-r,-z elu?C ($ AMY C. COMISKEY, his wife, Plaintiffs MORRIS & VEDDER 32 N. DUKE ST YORK. PA VS. FRANK ROBERTO and JUNE M. ROBERTO, his wife, Defendant Action in Replevin AND NOW, TO WIT, this 3rd day of August, 2006, come the Plaintiffs, Michael R. Comiskey and Amy C. Comiskey, his wife, by their attorneys, Morris & Vedder, and file this Complaint in Replevin of which the following is a statement: COUNT I - REPLEVIN 1. Plaintiffs Michael R. Comiskey and Amy C. Comiskey, his wife, are adult individuals who reside at 198 Peyton Rd., York, York County, Commonwealth of Pennsylvania 17403. 2. Defendants Frank Roberto and June M. Roberto, his wife, are adult individuals who reside at 270 Old Stonehouse Rd., Carlisle, Cumberland County, Commonwealth of Pennsylvania 17013. 3. Prior to February 26, 2001, Plaintiffs were living with Defendants at the Old Stonehouse Rd. address. 4. On February 26, 2001, Defendants moved into a townhouse but left many of their personal belongings at Defendants' Old Stonehouse Rd. address for safekeeping. 5. Prior to May 11, 2004, Plaintiffs believed they had made proper arrangements with Defendants to retrieve their belongings from the Old Stonehouse Rd. address on that date. 6. To assist in the retrieval of such items, Defendants had retained the services of a Constable. 7. On May 11, 2004, Plaintiffs were unable to retrieve their belongings after being advised by the Constable that Defendants did not recall making such arrangement and insisted,. for the first time, that Plaintiff-Wife, Defendants' daughter, be present, which she declined to do. 8. Consequently, the Constable recommended Plaintiffs obtain a court order allowing them to retrieve their belongings instead of resorting to any other self-help measures. 9. The items of Plaintiffs' property which are being maintained at Defendant's Old Stonehouse Rd. address are enumerated, described and valued as follows: MORRIS & VEDDER 32 N. DUKE Si YORK. PA ITEM NO. DESCRIPTION VALUE 1 Wedding items. Priceless Tools of the trade - 2 job box, tools, ladder, cathead, real stand & matching pipe. $5,000.00 3 Backpack with copper pieces. 50.00 4 Fish tackle box with personal items. 50.00 5 Boxes & bags from upstairs storage. 900.00 Bolts of Waverly 6 fabric (2) plus MSL magazine with sewing instructions. 50.00 7 PE football poster. 150.00 8 Chair lounger (green leather). 500.00 9 Moose head. 1,100.00 10 Aquarium (90 gallon) 250.00 2 Floor speakers (black) 200.00 Longabarger boxes (in set & loose) 1,000.00 Dresser (matches sleigh bed) 500.00 Doll house 25.00 Outdoor chairs (4) 50.00 Cabinets (metal, 2) 25.00 R Hole-y Board Priceless Stereo (AIWA shelf w/ 4 speakers) 100.00 Clothing (Husband's winter work) 150.00 21. Trivial Pursuit game Remote entry (to 1999 Ford Explorer) 75.00 TO TAL 1 ,0 0.0 10. Defendants are in wrongful possession of the property. 11. Plaintiffs have the immediate right to possession of MORRIS & VEDDER 32 N. DUKE ST. YORK. Ph the property. 12. Defendants' continuing wrongful possession of the property has prevented Plaintiffs from using the same, all to their great loss and detriment. 13. Due to the foregoing, Plaintiffs claim and are entitled to immediate possession and recovery of the property. WHEREFORE, Plaintiffs, Michael R. Comiskey and Amy C. Comiskey, his wife, respectfully request your Honorable Court to enter judgment in their favor and against Defendants for possession and recovery of the property above described or, in the alternative, for damages of $10,080.00 in the event Plaintiffs cannot obtain recovery of the property. 3 COUNT II - DAMAGES 14. Plaintiffs incorporate the preceding paragraphs by reference as if fully set forth at length. 15. In the event the property or any part of it cannot be located, or in the event Defendants sold or otherwise disposed of the property, Plaintiffs seek damages against Defendants in an amount of $10,080.00, plus interest and costs. WHEREFORE, Plaintiffs, Michael R. Comiskey and Amy C. Comiskey, his wife, respectfully request your Honorable Court to enter judgment in their favor and against Defendants for $10,080.00 with interest and costs of suit. Respectfully submitted, MORRIS & VEDDER BY: Crde W. Vedder/, Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 IDoc. No. Cw 004516 MORRIS & VEDDER 32 N DUKE Sr. YORK. PA 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK ss Before me, a Notary Public, in and for the said County and State, personally appeared Clyde W. Vedder, Esquire, who, being duly sworn according to law, doth depose and say that Michael R. Comiskey and Amy C. Comiskey, his wife, are unable to sign this affidavit at the present time, as their counsel he has sufficient knowledge and information and is authorized to make this Affidavit on Michael R. Comiskey and Amy C. Comiskey, his wife's, behalf, Michael R. Comiskey and Amy C. Comiskey, his wife, are the source of his information as to matters not stated upon his own knowledge and the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. A supplemental affidavit executed by Michael R. Comiskey and Amy C. Comiskey, his wife, will be filed forthwith. yde W. Vedde , E uir I MORRIS & VEDDER 32 N. DUKE ST YORK. PA / Sworn and subscribed to before me this 3"d day of August, 2006 c COMMONWEALTH OF FRNNSYLVANIA NOTARIA: SEAL STEPHANIE M. WAREHIME, Notary Putoo City of Yak, Yak Canty My Commission Ex 'res March 21. is h T' C7 p 'i1 CASE NO: 2006-04520 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMISKEY MICHAEL R ET AL VS ROBERTO FRANK ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ROBERTO FRANK the DEFENDANT , at 2044:00 HOURS, on the 25th day of August , 2006 at 270 OLD STONEHOUSE ROAD CARLISLE, PA 17013 FRANK ROBERTO by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline 00 32.7 08/29/2006 MORRIS & VEDDER Sworn and Subscibed to By: 'ezq / before me this day ///--Dfpu-t eriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04520 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMISKEY MICHAEL R ET AL VS ROBERTO FRANK ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ROBERTO JUNE M the DEFENDANT , at 2044:00 HOURS, on the 25th day of August 2006 at 270 OLD STONEHOUSE ROAD CARLISLE, PA 17013 by handing to FRANK ROBERTO, HUSBAND _ a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00;' 08/29/2006 /J MORRIS & VEDDER t,16 L, Sworn and Subscibed to / By: before me this day of A.D. 27 Curtis R. Long Prothonotary office of the Protbonotarp (fumberlaub Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor nj - q 52& CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573