Fill and Sign the Federal Rules of Civil Procedure Govinfo Form

IN THE UNITED STATES DISTRICT COURT FOR THE ____________ DISTRICT OF ___________ ____________ DIVISION ___________ vs. ___________ a/k/a ___________ VERIFIED COMPLAINT FOR REPLEVIN ___________ ("___________") pursuant to ______________ and ___________ Section _________________ (__________) files this Verified Complaint For Replevin against ___________ a/k/a ___________ to replevy certain property in its possession. In support thereof, ___________ states the following: Parties 1. ___________ is a Delaware corporation with its principal place of business in the state of Illinois. 2. ___________ a/k/a ___________ ("___________") is a ___________ corporation which may be served with process through its registered agent, ___________, at ___________, __________, ___________ __________. Jurisdiction and Venue 3. This Court has jurisdiction over the parties and subject matter of this action pursuant to 28 U.S.C. Section 1332, the matter in controversy exceeds the sum of $75,000 exclusive of interest and costs and there is complete diversity of citizenship as between ___________ on the one hand, and ___________ on the other hand. Facts 4. On October 14, 1993, ___________ executed in favor of ___________ a Retail Installment Contract ("Contract I") in the original principal amount of $71,437.00. A true and correct copy of Contract I is attached hereto as Exhibit "1." Contract I was refinanced pursuant to an agreement ("Agreement I") dated on or about August 27, 1996, a true and correct copy of which is attached hereto as Exhibit "2." 5. Contract I is secured by a first lien on 1994 International 9400, Serial No. ___________, ("Vehicle I"). ___________ perfected its interest in Vehicle I as evidenced by a Certificate of Title, a true and correct copy of which is attached hereto as Exhibit "3." 6. On October 18, 1993, ___________ executed in favor of ___________ a Retail Installment Contract ("Contract II") in the original principal amount of $71,437.00. A true and correct copy of Contract II is attached hereto as Exhibit "4." Contract II was refinanced pursuant to an agreement ("Agreement II") executed on or about August 27, 1996, a true and correct copy of which is attached hereto as Exhibit "5." 7. Contract II is secured by a first lien on a 1994 International 9400, Serial No. ___________, ("Vehicle II"). ___________ perfected its interest in Vehicle II as evidenced by a Certificate of Title, a true and correct copy of which is attached hereto as Exhibit "6." 8. On July 27, 1994, ___________ executed in favor of ___________ a Commercial Loan and Security Agreement ("Contract III") in the original principal amount of $76,053.00. A true and correct copy of Contract III is attached hereto as Exhibit "7." Contract III was refinanced pursuant to an agreement ("Agreement III") dated August 27, 1996, a true and correct copy of which is attached hereto as Exhibit "8." 9. Contract III is secured by a first lien on a 1995 International 9400, Serial No. ___________ ("Vehicle III"). ___________ perfected its interest in Vehicle III as evidenced by a Certificate of Title, a true and correct copy of which is attached hereto as Exhibit "9." 10. On July 29, 1994, ___________ executed in favor of ___________ a Commercial Loan and Security Agreement ("Contract IV") in the original principal amount of $73,102.00. A true and correct copy of Contract IV is attached hereto as Exhibit "10." Contract IV was refinanced pursuant to an agreement ("Agreement IV"), dated August 27, 1996, a true and correct copy of which is attached hereto as Exhibit "11." 11. Contract IV is secured by a first lien on a 1994 International 9400, Serial No. ___________ ("Vehicle IV"). ___________ perfected its interest in Vehicle IV as evidenced by a Certificate of Title, a true and correct copy of which is attached hereto as Exhibit "12." 12. On February 2, 1995, ___________ executed in favor of ___________ a Commercial Loan and Security Agreement ("Contract V") in the original principal amount of $76,465.00. A true and correct copy of Contract V is attached hereto as Exhibit "13". 13. Contract V is secured by a first lien on a 1995 International 9200, Serial No. ___________ ("Vehicle V"). ___________ perfected its interest in Vehicle V as evidenced by a Certificate of Title, a true and correct copy of which is attached hereto as Exhibit "14." 14. Vehicles I-V are referred to collectively as the "Vehicles." 15. On September 19, 1997, ___________ filed a petition for relief under Chapter 11 of the Bankruptcy Code in Case No. ___________ pending in the U.S. Bankruptcy Court for the Northern District of ___________. ___________ obtained relief from the automatic stay of the Bankruptcy Code pursuant to an Amended Agreed Order Granting: (1) Conditional Abandonment; (2) Conditional Relief From the Automatic Stay; and (3) Adequate Protection entered on December 13, 1997 and a Affidavit of Default entered on May 11, 1998, true and correct copies of which are attached hereto as Exhibits "15" and "16," respectively.16. ___________ is in default under Contracts I-V and Agreements I-IV. Contracts I-V are cross-collateralized. Consequently, a default under one of the Contracts is a default under all of the Contracts. At the present time, ___________ is indebted to ___________ in the following principal amounts, together with interest, late charges, attorney's fees and expenses: (a) Vehicle I: $________ (b) Vehicle II: $________ (c) Vehicle III: $________ (d) Vehicle IV: $________ (e) Vehicle V: $________TOTAL: $________ 17. The Vehicles have an individual and collective book value as follows: (a) Vehicle I: $________ (b) Vehicle II: $________ (c) Vehicle III: $________ (d) Vehicle IV: $________ (e) Vehicle V: $________ TOTAL: $________ 18. ___________ is wrongfully detaining the Vehicles. ___________ is entitled to the immediate possession of the Vehicle pursuant to the terms of the Note and applicable state law. 19. ___________ hereby reserves any and all of its non-possessory causes of action against ___________ or any guarantors pursuant to _____________ ____________ (_________). 20. All conditions precedent to the filing of this Verified Complaint For Replevin have been performed or have occurred and the ___________ is entitled to immediate possession of the Vehicles. WHEREFORE, ___________ moves the Court for the following relief: (a) An order directing the U.S. Marshall or other appropriate officer of the State of ___________ to seize the Vehicles and deliver same to ___________ pending a final hearing in this matter; (b) An order setting this matter for an expedited hearing; (c) A judgment declaring that ___________ is entitled to possession of the Vehicle in order for ___________ to exercise its rights under the Contracts and applicable state law; (d) Such other and further relief as the Court deems just and appropriate. Respectfully submitted,