Opinion
C.A. No. 05C-01-156 RRC.
Submitted: July 25, 2007.
Decided: August 24, 2007.
Thomas C. Marconi, Esquire, Losco Marconi, P.A., Wilmington, Delaware, Attorney for Plaintff.
Shaba Mussabir, Wilmington, Delaware, pro se.
ORDER
This 24th day of August 2007, upon consideration of Plaintiff's request for a writ of replevin, the Commissioner's recommendation, Defendant's Appeal From Commissioner's Findings of Fact and Recommendations, and the record in this case, it appears:
1. Plaintiff filed a complaint in January 2005, seeking the return of various items of personal property left at 2008 N. Broom Street, Wilmington, Delaware when Plaintiff moved out of that residence that she had shared with Defendant (Count I), as well as for $54,459 that Defendant allegedly owed her (Count II).
2. The Court referred Count I of the complaint to Superior Court Commissioner Michael P. Reynolds for proposed findings of fact and recommendations pursuant to 10 Del. C. § 512(b) and Superior Court Civil Rule 132(a)(4). Both parties attended the hearing on April 7, 2005. Defendant was pro se. The Commissioner filed Proposed Findings of Fact and Recommendations on May 10, 2005 recommending that the Superior Court issue a writ of replevin, issuing the Sheriff to seize the following items from Defendant: Wine Rack, Sony 46 inch TV, Whirlpool Washer, Whirlpool Dryer, Whirlpool Refrigerator, Z-Line Wood Lateral Filing Cabinet, Grey Christine Curtains, White Vinde Midi Curtains, Kitchen Aid Mixer, Kitchen Aid Mixer Attachment, Total Gym, (2) Bedroom Dressers, Velvet Curtains, Crosscut Paper Shredder. In addition the Commissioner recommended that Defendant pay Plaintiff $250 for the Reebok Cross-Trainer which was sold, and attorneys' fees and costs of this action. 3. Defendant appealed the Commissioner's Findings of Fact and Recommendations, through counsel, upon various grounds on May 18, 2005. This appeal, however, was subsequently stayed due to Plaintiff's filing for bankruptcy. On May 1, 2007, Plaintiff's counsel wrote to the Court advising that "[t]he bankruptcy is now resolved, and [Plaintiff] is prepared to proceed with this matter." Defendant's counsel then filed a motion to withdraw on June 12, 2007 because he was unable to locate Defendant. Defendant has apparently not yet been located. The Court granted the motion to withdraw on July 10, 2007. The Court has conducted a careful and de novo determination of those portions of the report to which an objection has been made. After doing so, the Court finds all of Defendant's objections to be without merit.
The Court issued a Stipulated Order on Replevin on March 15, 2005, stating that attorneys' fees and the costs of this action would be assessed against Defendant. D.I. 3.
Pl. May 1, 2007 letter to Court, D.I. 16.
NOW, THEREFORE, after careful and de novo review of the record in this action, and for the reasons stated in the Commissioner's Report and Recommendation dated May 10, 2005,
IT IS ORDERED that:
a. The well-reasoned Commissioner's Report and Recommendation is adopted by the Court;
b. Plaintiff's writ of replevin is granted as set forth herein.
c. Defendant shall pay Plaintiff $250 for the Reebok Cross-Trainer.
d. Plaintiff shall submit an application for attorneys' fees associated with this matter within 10 days of the issuance of this order.
e. This case will be set for a scheduling conference in a courtroom on October 15, 2007 at 9:00 a.m. to resolve the claims in Count II of the complaint.